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HomeMy WebLinkAboutContract 46050 CITY SECRETAK t� CITY OF FORT WORTH, TEXAS CONTRACT NO. •l`lC STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality (the "CITY"), and ETC Institute, authorized to do business in Texas, an independent contractor ("Consultant"), for a PROJECT generally described as customer satisfaction survey for the Transportation and Public Works--Traffic Management Division. Article 1 Scope of Services (1) Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with the customer satisfaction survey for the Transportation and Public Works-Traffic Management Division. (2) Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. Article Il Compensation Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of $49,564 unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. City of Fort Worth,Texas 1_ Standard Agreement for Professional Services l)��B �r�L �®li�® PMO Official Release Date:08/0012012 Page 1 of 8 RECEIVED OCT 2 2014 c phi - - E. '1 G Rli E�(o tTO) T[119 77A Article III Term Unless terminated pursuant to the terms herein, this Agreement shall be for a term of 6 months, beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. Article V Professional Competence and Indemnification (1) Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. (2) In accordance with Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. City of Fort Worth,Texas Standard Agreement for Professional Services PMO Official Release Date:08/0912012 Page 2 of 8 Article VI Insurance (1) Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the,Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease --policy limit $100,000 disease - each employee (2)Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be delivered to the Transportation Public Works, Attention: Alonzo Linan, 5001 James Ave. Fort Worth, TX 76115, prior to commencement of work. G. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. City of Fort Worth,Texas Standard Agreement for Professional Services PMO Official Release pate:08109/2012 Page 3 of 8 e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: Vll or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. L Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. j. In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII Transfer or Assignment City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Article VIII Termination of Contract (1) City may terminate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not City of Fort Worth,Texas Standard Agreement for Professional Services PMO Official Release Date:08/0912012 Page 4 of 8 commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter (2) If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. Article IX Right to Audit (1) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (2) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article. City shall give Consultant and any sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Standard Agreement for Professional Services PMO Official Release Date:08/0912012 Pago 5 of 8 Article X Minority Business and Small Business Enterprise (MBE) (SBE) Participation In accordance with the City's Business Diversity Enterprise Ordinance No. 20020-12-2011, as amended, the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XI Observe and Comply Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. Article XII Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Article XIII Contract Construction The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the City of Fort Worth,Texas Standard Agreement for Professional Services PMO official Release Date:08/09/2012 Page 6 of 8 interpretation of this Agreement or any amendments or exhibits hereto. Article XIV Severability The provisions of this Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XV Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below CITY City of Fort Worth Alonzo Linan Transportation and Public Works 1000 Throckmorton St, Fort Worth, Texas 76102 CONTRACTOR ETC Institute Christopher Tatham 725 W. Frontier Circle Olathe, Kansas 66061 Article XVI Headings The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement City of Fort Worth,Texas Standard Agreement for Professional Services PMO Official Release Date:08/09/2012 Page 7 of 8 Article XVII Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. Executed and effective this the' day ofa , 2014. BY: BY: CITY OF FORT WORTH ETC INSTITUTE l Ferna do osta Christopher Tatham Assistant Ci y Manager CEO Date: Date: /0 APPROVAL RECOMMENDED: By: Douglas .Wiersig Director,Transportation and P lic Works APPROVED AS TO FORM AND LEGALITY M&C No.: By: 9�-- - M&C Date: Douglas W. Black Assistant City Attorney ATTEST: �°�0 ®,Q� o � ° 0 Mary J. er °o° City Secretary �o�oea000 0 oo° City of Fort Worth,Texas Standard Agreement for Professional Services OFFICIAL RECORD PMO Official Release pate:08/09/2012 Page 8 of 8 CITY SECRETARY FT,WORTH,TX ATTACHMENT"A" Scope to Conduct a Community Survey The scope set forth herein defines the work to be performed by the CONSULTANT in completing the project. Both the CITY and CONSULTANT have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, "CONSULTANT" is expanded to include any sub-consultant, including surveyor, employed or contracted by the CONSULTANT. WORK TO BE PERFORMED Task 1. Design the Survey and Prepare the Sampling Plan Task 2. Administer the Survey Task 3. Analysis and Final Report Task 4. Create a PowerPoint Presentation and Conduct an On-Site Visit Task .11. :Desrgn;:the :Survey and. Pr pare:: he>S amp tiitg:<Plan Task 1 will include the following services: • Working with City staff to develop the content of the survey. At a minimum, the survey will be designed to gather input about the following major topics: (1) corridor improvements, (2) Maintenance and operation of street lights, (3) Signal operations, (4) Pavement markings, and (5) Customer Service. The fee for the survey will be related to the length of the survey, so pricing options have been provided for a 15-minute (5-6 pages) survey. • Participating in meetings (one on-site visit and others by phone) to develop the survey. • Conducting a pilot test of the survey to ensure the questions are understood by residents. Based on the results of the pilot test, ETC Institute will recommend changes (if needed) to the survey. • Selecting a random sample of residents to be contacted for the survey. The sample will be address--based and will include residents with traditional land-- lines and those that only have cell phones. • The sample will be designed to ensure the completion of at least 1600 surveys. Of these, at least 150 surveys will be completed in each of the City's eight council districts. The remaining 400 surveys will be used to oversample certain areas of the City to ensure that enough respondents are obtained from key corridors and other geographic areas for which geographic level analysis City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 RECEIVED OCT 2 0 2014 Page 1 of 22 is desired. The overall results for the City will have a precision of at least I- 2.5% at the 95% level of confidence. • The survey instrument will contain a question that asks residents if they would be willing to participate in follow-up focus groups so that the City can invite residents to attend future focus groups to better understand the issues that are identified as priorities in the survey. Deliverable Task 1. ETC institute will provide a copy of approved survey instrument. TaskAdministerthe*S.tarvey. Task 2 will include the following services: • ETC Institute will administer by the survey by a combination of mail, Internet and phone. • ETC Institute will mail the survey and a cover letter (on City letterhead) to a stratified random sample of 4800 households in the City. Residents who receive the survey will have the option of returning the printed survey, by phone or completing it on-line. Households that do not respond within 10 days will be contacted by phone and asked to complete the survey by phone. • ETC Institute will conduct phone calls until a minimum of 1600 surveys are completed and that the sampling goals for each city council district and other areas are met. • Phone interviews will be conducted in English and Spanish. • ETC institute will monitor the distribution of the sample to ensure that the sample reasonably reflects the demographic composition of the City with regard to age, geographic dispersion, gender, ethnicity and other factors. Deliverable Task 2. ETC Institute will provide a copy of the overall results for each question on the survey. Task:3 :;Analysi.s;and.::Fanal:Report. ETC Institute will submit a final report to the City. At a minimum, this report will include the following items: • Formal report that includes an executive summary of survey methodology, a description of major findings, and charts that show the overall results of each survey • Benchmarking analysis that shows how the results for the City compare to national and regional norms • A copy of the survey instrument • Importance-Satisfaction/Quadrant Analysis that will identify the areas where the greatest opportunities exist to enhance overall satisfaction with City services, city of rort Worth,Texas Attachment A PMO Release Date:07/2312012 Page 2 of 4 • GIS maps that show geocoded survey results for most questions on the survey • Cross tabulations that show the results for most questions based on the demographic characteristics of the respondents • Composite performance indices that will allow the City to track its performance in each of the areas that are assessed over time. Deliverable Task 3: ETC Institute will submit the final report in an electronic format. ETC Institute will also provide a hard copy that can be reproduced by the City. Task4. Crate.:`a PoweiRoitPresenfiation::grad`.C:onduct (3 nn'S.iteVisit. ETC Institute will prepare a PowerPoint presentation that can be used by staff to share the findings of the survey. ETC Institute will also make a 2-day on-site visit to present the results with City staff and others as needed. Deliverable Task 4: ETC Institute will submit a PowerPoint presentation that highlights the major findings of the survey. Project Schedule A preliminary schedule is provided below. We can adjust the schedule to meet your needs. ETC Institute has the capability to complete this survey in as little as two weeks if needed. • September 2014 Design Survey Instrument, Pilot Test, Begin Survey Administration • October-November 2014 Administer Survey • December 2014—January 2014 Prepare and Deliver the Final Report City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 3 of 4 Fee The table below shows three options for the City. Option A involves the administration of a 10-minute survey, which would be about 4 pages in length. Option B involves the administration of a 15-minute survey, which would be about 5-6 pages in length. Option C involves the administration of a 20-minute survey, which would be about 7 pages in length. Survey pricing Options Task 10-Minute 15-Minute 20-Minute Survey Survey Survey Survey Design $ 1,750 $ 1,750 $ 1,750 Development of the Sampling Plan $ 2,000 $ 2,500 $ 3,000 Administration of a Survey to 1600 households $ 24,704 $ 30,464 $ 36,480 Formal Report $ 3,250 $ 3,250 $ 3,250 Benchmarking Comparisons to Other Communities $ 1,000 $ 1,000 $ 1,000 Importance/Satisfaction Quadrant Analysis $ 2,000 $ 2,800 $ 3,600 GIS Mapping $ 2,400 $ 3,000 $ 3,600 On-Site Visit $ 1,500 $ 1,500 $ 1,500 PowerPoint Presentation $ 500 $ 500 $ 500 Crosstabulations $ 2,200 $ 2,800 $ 3,600 GRAND TOTAL $ 41,304 $ 49,564 $ 58,280 City of Fort worth,Texas Attachment A PMO Release Date:0712312M 1 2 Page 4 of 4 ATTACHMENT B COMPENSATION Design Services for Customer Satisfaction Survey for TIPW Traffic Management City Project No. Lump Sum Project 1. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $4.6;-564. as summarized in Exhibit B-1 -- Engineer Invoice and Section IV—Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section 11 - Method of Payment. U. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item 111. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. Ill. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department, monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release pate;8.09.2012 Page i of 3 RECEIVED On 20 201 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm, Primary Responsibility Fee Amount Prime Consultant Proposed MBEISBE Sub-Consultants Non-MBEISBE Consultants ETC INSTITUTE CUSTOMER SURVEY $49,564 100% TOTAL. $49,564 100% Project Number& Name Total Fee MBEISBE Fee MBE/SBE $ $ City MBE/SBE Goal :;:% Consultant Committed Goal = % City of Fort Worth,Texas Attachment 8 PMO Official Release pate:8.09,2012 Page 2 of 3 B-2 EXHIBIT "B-9" ENGINEER INVOICE (Supplement to Attachment B) 0 1 • h Survey Design $ 1,750 Development of the Sampling Plan $ 2,500 Administration of a Survey to 1600 households $ 30,464 Normal Report $ 3,250 Benchmarking Comparisons to Other Communities $ 1,000 Importance/Satisfaction Quadrant Analysis $ 2,800 GIS Mapping $ 3,000 On-Site Visit $ 1,500 PowerPoint Presentation $ 500 Crosstabulations $ 2,800 GRAND TOTAL $ 49,564 3 City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 3 of 3 B-3