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2009-159 %(+$1$%$1$-"$%.1, 2009159 AdditionalFileExists AdditionalFileContainsRecordsNotPublic,AccordingtothePublicRecords Act Other %(+$2#§º«(´¯º¯§²¹ FirstAmendmentKOrdinanceNo.201315406/18/13JR ORDINANCE. NO. lj GJ AN ORDINANCE OF THE CITY OF DENTON, TEXAS ACCEPTING COMPETITIVE BIDS AND AWARDING A BEST VALUE THREE YEAR CONTRACT FOR UTILITY BILL PRINTING AND MAILING SERVICES FOR THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 4246-BEST VALUE BID FOR UTILITY BILL PRINTING AND MAILING AWARDED TO ANCOR INFORMATION MANAGEMENT, LLC, DBA UTILITEC IN AN ANNUAL AMOUNT NOT TO EXCEED $350,000 FOR A THREE YEAR CONTRACT AMOUNT NOT TO EXCEED $1505000). WHEREAS, the City has solicited, received, and tabulated competitive best value bids, for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of State law and City ordinances based on the best value as determined by using the selection criteria set forth in the request for bids; and WHEREAS, the City's selection committee has reviewed and recommended that the herein described bids are the best value based on the selection criteria for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted; and WHEREAS, the City's Purchasing Agent has determined that the best value bid process provides the best value to the City for this procurement; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and conclusions set forth in the preamble of this ordinance are incorporated within the body of the ordinance. SECTION 2. The options in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, is hereby accepted and approved as being the best value based on the selection criteria contained in the request for bids for such items: BID NUMBER VENDOR AMOUNT 4246 Ancor Information Management, Inc. dba Utilitec $150505000 SECTION 3. By the acceptance and approval of the above items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 4. The City Manager is hereby authorized to execute any and all necessary written contracts for the performance of the services in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with and relating to the items specified in Section 1, which written contract(s) shall be attached hereto; provided that the written contract is in accordance with the above Request to Submit Bids, Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. SECTION 5. By the acceptance and approval of the above enumerated bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this 21- day of ,2009. MARK A. BURK7 66GHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: ti ,o APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: 3-ORD-Bid 6 CONTRACT BY AND BETWEEN CITY OF DENTON, TEXAS AND ANCOR INFORMATION MANAGEMENT LLC, dba UTILITEC BID NO. 4246 BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING THIS CONTRACT is made and entered into by and between Ancor Information Management, LLC, dba Utilitec a corporation, whose address is 1911 Woodslee Drive Troy, MI 48083, hereinafter referred to as "Contractor," and the CITY OF DENTON, TEXAS, a home rule municipal corporation, hereinafter referred to as "City," to be effective upon approval of the Denton City Council and subsequent execution of this Contract by the Denton City Manager or his duly authorized designee. For and in consideration of the covenants and agreements contained herein, and for the mutual benefits to be obtained hereby, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall provide all labor, supervision, materials and equipment necessary for the printing and mailing of utility bills, notices, and all other miscellaneous letters. These products and services shall be provided in accordance with the Specifications for Bid 4246 Best Value Bid for Utility Bill Printing & Mailing Service, a copy of which is attached hereto and incorporated herein- as Exhibit "A" (or on file in the office of the Purchasing Agent), and the Contractor's Bid in response thereto, a copy of which is attached hereto and incorporated herein for all purposes as Exhibit "B". The Contract consists of this written agreement and the following items which are attached hereto and incorporated herein by reference: (a) Specifications for Bid 4246 Best Value Bid for Utility Bill Printing and Mailing Service; (Exhibit "A" or on file in the office of the Purchasing Agent). (b) Contractor's Bid. (Exhibit "B"); (c) Insurance Requirements. (Exhibit "C"); (d) Form CIQ - Conflict of Interest Questionnaire (Exhibit "D"). (e) These documents make up the Contract documents and what is called for by one shall be as binding as if called for by all. In the event of an inconsistency or conflict in any of the provisions of the Contract documents, the inconsistency or conflict shall be resolved by giving precedence first to the written agreement then to the contract documents in the order in which they are listed above. These documents shall be referred to collectively as "Contract Documents." SWaterials Management\PRMContracts Documents\4246 Utility Bill Printing-Utilitec.doc H. . TIME OF COMPLETION Contractor agrees and covenants that all work hereunder shall be complete within N/A days following notice to proceed from City. Or III. TERM OF CONTRACT The three-year term of this Contract shall commence upon start of work. IV. WARRANTY Contractor warrants and covenants to City that all goods and services provided by Contractor, Contractor's subcontractors, and agents under the .Agreement shall be free of defects and produced and performed in a skillful and workmanlike manner and shall comply with the specifications for said goods and services as set forth in this Agreement and the Bid Specifications attached hereto and incorporated herein as Exhibit "A"(or on file in the office of the Purchasing Agent). Contractor warrants that the goods and services provided to City under this Agreement shall be free from defects in material and workmanship, for a period of one (1) year commencing on the date that City issues final written acceptance of the project. V. PAYMENT Payments hereunder shall be made to Contractor following city's acceptance of the work and within thirty (30) days of receiving Contractor's invoice for the products and services delivered. Total compensation under this contract shall not exceed the sum of $350,000 per year. Contractor recognizes that this Contract shall commence upon the effective date herein and continue in full force and effect until termination in accordance with its provisions. Contractor and City herein recognize that the continuation of any contract after the close of any given fiscal year of the City of Denton, which fiscal year ends on September 30th of each year, shall be subject to Denton City Council approval. In the event that the Denton City Council does not approve the appropriation of funds for this contract, the Contract shall terminate at the end of the fiscal year for which funds were appropriated and the parties shall have no further obligations hereunder. VI. PROTECTION AGAINST ACCIDENT TO EMPLOYEES AND THE PUBLIC Contractor shall at all times exercise reasonable precautions for the safety of employees and others on or near the work and shall comply with all applicable provisions of Federal, State, and Municipal safety laws. The safety precautions actually taken and the adequacy thereof shall be the sole responsibility of the Contractor. Contractor shall indemnify City for any and all losses arising out of or related to a breach of this duty by Contractor pursuant to paragraph VIII. INDEMNIFICATION and paragraph IX. COMPLIANCE WITH APPLICABLE LAWS set forth herein. SAMaterials Management\PRCHTontracts Documents\4246 Utility Bill Printing-Utilitec.doc VII. LOSSES FROM NATURAL CAUSES Unless otherwise specified, all loss or damage to Contractor arising out of the nature of the work to be done, or from the action of the elements, or from any unforeseen circumstances in the prosecution of the same, or from unusual obstructions or difficulties which may be encountered in the prosecution of the work, shall be sustained and borne by the Contractor at its own cost and expense. VIII. INDEMNIFICATION Contractor shall release, defend, indemnify and hold the City, its elected officials, officers and employees harmless from and against all claims, damages, injuries (including death), property damages (including loss of use), losses, demands, suits, judgments and costs, including attorney's fees and expenses, in any way arising out of, related to, or resulting from the services provided by Contractor under this Agreement or caused by the negligent act or omission or the intentional act or omission of Contractor, its officers, agents, employees, subcontractors, licensees, invitees or any other third parties for whom Contractor is legally responsible (hereinafter "Claims"). Contractor is expressly required to defend City against all such Claims. In the event the City is a named party to a suit arising out of the subject matter of this Contract, the City shall have reasonable input into the selection of defense counsel to be retained by Contractor in fulfilling its. obligation hereunder to defend and indemnify City. City reserves the right to provide a portion or all of its own defense; however, City is under no obligation to do so. Any such action by City is not to be construed as a waiver of Contractor's obligation to defend City or as a waiver of Contractor's obligation to indemnify City pursuant to this Contract. Contractor shall retain defense counsel within seven (7) business days of City's written notice that City is invoking its right to indemnification under this Contract. If Contractor fails to retain counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and Contractor shall be liable for all costs incurred by City. IX. COMPLIANCE WITH APPLICABLE LAWS Contractor shall at all times observe and comply with all Federal, State and local laws, ordinances and regulations including all amendments and revisions thereto, which in any manner affect Contractor or the work, and shall indemnify and save harmless City against any claim related to or arising from the violation of any such laws, ordinances and regulations whether by Contractor, its employees, officers, agents, subcontractors, or representatives. If Contractor observes that the work is at variance therewith, Contractor shall promptly notify City in writing. X. VENUE The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Contract. The parties agree that this Contract is performable in Denton County, Texas, and that exclusive venue shall lie in Denton County, Texas. SAMaterials Management\PRCH\Contracts Documents\4246 Utility Bill Printing-Utilitec.doc XI. ASSIGNMENT AND SUBLETTING Contractor agrees to retain control and to give full attention to the fulfillment of this Contract, that this Contract shall not be assigned or sublet without the prior written consent of City, and that no part or feature of the work will be sublet to anyone objectionable to City. Contractor further agrees that the subletting of any portion or feature of the work, or materials required in the performance of this Contract, shall not relieve Contractor from its full obligations to City as provided by this Contract. XII. INDEPENDENT CONTRACTOR Contractor covenants and agrees that Contractor is an independent contractor and not an officer, agent, servant or employee of City; that Contractor shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondent superior shall not apply as between City and Contractor, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Contractor. XHI. INSURANCE AND CERTIFICATES OF INSURANCE Contractor shall procure and maintain for the duration of the contract insurance coverage as set forth in the Insurance Requirements marked Exhibit "C" attached hereto and incorporated herein by reference. Contractor shall provide a signed insurance certificate verifying that they have obtained the required insurance coverage prior to the effective date of this Contract. XIV. HINDRANCES AND DELAYS No claims shall be made by Contractor for damages resulting from hindrances or delays from any cause during the progress of any portion of the work embraced in this Contract. XV. AFFIDAVIT OF NO PROHIBITED INTEREST Contractor acknowledges and represents it is aware of all applicable laws, City Charter, and City Code of Conduct regarding prohibited interests and that the existence of a prohibited interest at any time will render the Contract voidable. Contractor has executed the Affidavit of No Prohibited Interest, attached and incorporated herein as Exhibit "D". XVI. SEVERABILITY The provisions of this Contract are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of the Contract. However, upon the occurrence of such event, either party may terminate this SAMaterials Management\PRMContracts Documents\4246 Utility Bill Printing-Utilitec.doc Contract by giving the other party thirty (30) days written notice. XVII. TERMINATION City may, at its option, with or without cause, and without penalty or prejudice to any other remedy it may be entitled to at law, or in equity or otherwise under this Contract, terminate further work under this contract, in whole or in part by giving at least thirty (30) days prior written notice thereof to Contractor with the understanding that all services being terminated shall cease upon the date such notice is received. XVIII. ENTIRE AGREEMENT This Contract and its attachments embody the entire agreement between the parties and may only be modified in writing if executed by both parties. XIX. CONTRACT INTERPRETATION Although this Contract is drafted by City, should any part be in dispute, the parties agree that the Contract shall not be construed more favorably for either party. XX. SUCCESSORS AND ASSIGNS This Contract shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. XXI. HEADINGS The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. XXII. RIGHT TO AUDIT The OWNER shall have the right to audit and make copies of the books, records and computations pertaining to this agreement. The CONTRACTOR shall retain such books, records, documents and other evidence pertaining to this agreement during the contract period and five years thereafter, except if an audit is in progress or audit findings are yet unresolved, in which case records shall be kept until all audit tasks are completed and resolved. These books, records, documents and other evidence shall be available, within 10 business days of written request. Further, the CONTRACTOR shall also require all Subcontractors, material suppliers, and other payees to retain all books, records, documents and other evidence pertaining to this agreement, and to allow the OWNER similar access to those documents. All books and records will be made available within a 50 mile radius of the City of Denton. The cost of the audit will be borne by the OWNER unless the audit reveals an overpayment of 1% or greater. If an overpayment of 1% or greater occurs, the reasonable cost of the audit, including any travel costs, must be borne by the CONTRACTOR which must be payable within five business days of receipt of an invoice. SWaterials Management\PRMContracts Documents\4246 Utility Bill Printing-Utilitec.doc Failure to comply with the provisions of this section shall be a material breach of this contract and shall constitute, in the OWNER'S sole discretion, grounds for termination thereof. Each of the terms "books", "records", "documents" and "other evidence", as used above, shall be construed to include drafts and electronic files, even if such drafts or electronic files are subsequently used to generate or prepare a final printed document. SAMaterials Management\PRCH\Contracts Documents\4246 Utility Bill Printing-Utilitec.doc IN WITNESS WHEREOF, the parties of these presents have executed this agreement in the year and day first above written. CONTRACTOR BY: OWNEF()IGNATURE) Date: Z~ Name:441e Title: MAILING ADDRESS PHONE NUMBER FAX NUMBER PRINTED NAME CITY OF + NTON, T BY: CITY MANAGER DATE: 'l zz / If za 4? DEPARTMENTAL APPROVAL APPROVED AS TO LEGAL FORM ANITA BURGESS, CITY ATTORNEY BY: DATE: SAMaterials Management\PRMContracts Documents\4246 Utility Bill Printing-Utilitec.doc Exhibit B Purchasing Department 901-B Texas St. .Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com Bid #4246 Best Value BidFor Utility Bill Printing & Mailing Service The award of this contract will be based upon a "best value" evaluation as allowed by Chapter 252 of the Texas Local Government Code. The criteria for the evaluation is listed in the invitation to bid documents. Only those items listed can be used to determine "best value". BIDS DUE: FEBRUARY 5, 2009 2:00 P.M. Bid submitted by: Company Name TABLE OF CONTENTS NOTICE TO BIDDERS ...............................................................................................................1 BID INSTRUCTIONS AND CONDITIONS 'OPENING DATE, TIME, PROCEDURES, CONTACTS GENERAL CONDITIONS ................................................................................................3 EVALUATION CRITERIA ....................................................................................5, 14, 27 SPECIAL TERMS AND CONDITIONS 7-8 DISADVANTAGED BUSINESS ENTERPRISES .......................................................................9 VENDOR REFERENCES .........................................................................................................10 TECHNICAL SPECIFICATIONS ..............................................................................................11 PROPOSAL FORMS ........................................................................................................12 - 31 APPENDIX A ..................................:.........................................................................................32 SAMPLE CONTRACT AGREEMENT 33 - 39 INSURANCE REQUIREMENTS 40 - 44 CONFLICT OF INTEREST QUESTIONNAIRE ..............................................................45 This Table of Contents is intended as an aid to bidders and not as a comprehensive listing of the bid package. Bidders are responsible for reading the entire bid package and complying with all specifications. CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE NOTICE TO BIDDERS Sealed bid proposals will be received by the City of Denton, Texas at the office of the Purchasing Agent prior to 2:00 P.M., February 5, 2009, then publicly opened to determine the BEST VALUE for the following listed items as per bid instructions and specifications. BID#4246-Best Value Bid for Utility Bill Printing and Mailing Service Pre-bid conference, Tuesday, January 20, 2009 at 10 a.m. in the Purchasing Conference Room at 901-B Texas.in the Purchasing/Warehouse portion of the Service Center complex. Each bid must be accompanied by a cashier's check, certified check or acceptable bidders bond payable without recourse to the City of Denton, Texas in amount not less than five thousand ($5,000) dollars as a guarantee that the bidder will enter into a contract and execute any required bonds, and insurance certificate, within fifteen (10) days after the notification of the award of the contract to the bidder. Qualified prospective bidders may obtain copies of the bid invitation with information to bidders, bid proposals, plans and/or specifications at the office of the Purchasing Agent, located at 901-B Texas.Street, Denton, Texas in the Purchasing/Warehouse portion of the Service Center complex. The City of Denton, Texas reserves the right to reject any and all bids and to waive defects in bids. Minority and small business vendors or contractors are encouraged to bid on any and all City of Denton projects. CITY OF DENTON, TEXAS (940) 349-7100 TOM D. SHAW,.C.P.M. PURCHASING AGENT PAGE 1 OF BID 4246 Bidder's Initials G.yu CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE COMPLETE SET OF ORIGINAL AND-FIVE (5) COPIES OF EXECUTED BID PROPOSAL MUST BE RECEIVED IN THE PURCHASING DEPARTMENT AT 901-B TEXAS.ST; DENTON, TX 76209 ON OR BEFORE FEBRUARY 5, 2009 AT 2:00 P.M. QUESTIONS SUBMITTED AFTER THE PRE-BID DATE WILL NOT BE CONSIDERED TO ENSURE ALL BIDDERS ARE GIVEN EQUAL ACCESS TO THE INFORMATION PROVIDED. All questions regarding the bid and purchasing process should be directed to: KAREN SMITH, SENIOR BUYER Email: Karen.Smith@cityofdenton.com Phone: (940) 349-7100 Fax: (940) 349-7302 Directions to the Purchasing Department can be accessed at www.dentonpurchasing.com (Click on "Directions to our Office") All bids,.including a "NO BID", are due in the Purchasinq Department by the due date, in sealed envelopes or boxes. All bids must be clearly marked with the name of the Company submitting the bid, the Bid Number and Date and Time of opening on the outside of the envelope/box. Original bid must be clearly marked "ORIGINAL" and contain all original signatures. All proposal pages must be initialed or signed where indicated. All bids will be publicly opened at the date and time listed above or as soon thereafter as practical. The City of Denton does not accept faxed bids. Any bid received after the date and/or hour set for bid opening will be returned unopened. If bids/proposals are sent by mail to the Purchasing Department, the bidder shall be responsible for actual delivery of the bid to the Purchasing Department before the advertised date and hour for opening of bids. If mail is delayed either in the postal service or in the internal mail system of the City of Denton beyond the date and hour set for the bid opening, bids thus delayed will not be considered and will be' returned unopened. Bids may be withdrawn at any time prior to the official opening. Alterations made before opening time must be initialed by bidder guaranteeing authenticity. Any attempt to negotiate or give information on the contents of this bid with the City of Denton or its representatives prior to award shall be grounds for disqualification. After the official opening, bids become the property of the City of Denton and may not be amended, altered or withdrawn without the recommendation of the Purchasing Agent. The approval of the City Council is required for public works projects. The City of Denton reserves the right to accept or reject in part or in whole any bids submitted, unless denied by the bidder, and to waive any technicalities for the best interest of the City. Any submitted article deviating from the specifications must be identified and have full descriptive data accompanying same, or it will not be considered. Submitted bids shall remain in force for a ninety (90) day period after opening or until award is made; whichever comes first. In case of default after bid acceptance, the City of Denton may at its option hold the accepted bidder or contractor liable for any and all resultant increased costs as a penalty for such default. The City of Denton will award the bid to the most qualified bidder while complying with all current state and local laws. The City of Denton is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in this bid. PAGE 2 OF BID #4246 Bidder's Initials CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE The City of Denton is requesting bids for BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE. The City will only accept new products and will reject proposals for used or remanufactured goods. All bids must be submitted on the attached Bid Proposal Form. Vendors may bid on any or all items. All bids shall specify terms and conditions of payment, which will be considered as part of, but not control, the award of bid. City review, inspection, and processing procedures ordinarily require thirty (30) days after receipt of invoice, materials, or service. Bids which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Purchasing Agent, the review, inspection, and processing procedures can be completed as specified. Invoices shall be sent directly to the City of Denton Customer Service Department, 601 E. Hickory St, Ste F, Denton, TX, 76205-4305. It is the intention of the City of Denton to make payment on completed orders within thirty days after receipt of invoice or items; whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. Continuing non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City. The City shall not pay for work, equipment, or supplies that are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no way be construed as negating the basis for non- performance termination. The contract may be terminated by the City upon written thirty (30) days notice prior to cancellation. Bids will be considered irregular if they show any omissions, alteration of form, additions or conditions not called for, or irregularities of any kind. However, the City of Denton reserves the right to waive any irregularities. The City of Denton reserves the right to accept or reject in part or in whole any bids submitted, and to waive any technicalities for the best interest of the City. Bids may be rejected, among other reasons, for any of the following specific reasons: 1. Bids containing any irregularities. 2. Unbalanced value of any items. 3. Bid price cannot be determined based upon information provided, i.e. missing freight charges, or other fees. PAGE 3 OF BID #4246 Bidder's Initials CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE Bidders may be disqualified and their bids not considered for any of the following reasons: 1. Collusion exists among the Bidders. 2. Reasonable grounds for believing that any Bidder is interested in more than one Bid for the work contemplated. 3. The Bidder being interested in any litigation against the City. 4. The Bidder being in arrears on any existing contract or having defaulted on a previous contract. 5. Lack of competency as revealed by a financial. statement, experience and equipment, questionnaires, etc. 6. Uncompleted work, which in the judgment of the City, will prevent or hinder the prompt completion of additional work, if awarded. 7. Any other unresolved issues with the City. Due care and diligence has been used in preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solely with the proposer. The City of Denton and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures. The successful bidder may not assign their rights and duties under an award without the written consent of the Purchasing Agent. Such consent shall not relieve the assignor of liability in the event=of default by the assignee. PAGE 4 OF BID #4246 Bidder's Initials 4 '2 ~ CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE Bid Evaluation This is a Best Value Bid that will be evaluated by the criteria established in this bid document. Response to specification is primary in determining the best value. Failure to comply with the listed General Conditions may result in disqualification of bid. The successful bidder will be that bidder which provides the best value bid. The best value bids will be evaluated and rated on the following areas. SECTION A CRITERIA This section of the best value bid is for the bill printing and mailing of the City of Denton's utility bills, notices, and all other miscellaneous letters. Bids that do not meet Items 1 & 2 will be considered non-responsive, and not considered by the evaluation committee. 1 Interface with Harris billing software (City of Denton's Yes No current billing software) 2 Bills must be delivered to USPS by next business day for Yes No processing that same day 3 Price submitted on 'Pricing Proposal List' including Start Up 35% and Additional Ongoing Costs worksheets 4 The extent to which bidder meets specifications and the 45% needs of the city 5 Ability of vendor to provide both services outlined in sections 5% A & B 6. Reputation of vendor 15% SECTION B CRITERIA This section of the best value bid is for the mail processing of the City of Denton's outgoing U.S. Mail services 1. Ability to meet specifications and the needs of the City 50% 2. Ability to provide both services for Section A and B 5% 3 Ability to perform additional services and enhancement to 5% the City 4. Reporting capabilities 25% 5 Price submitted on "Pricing Proposal List' including Start Up 15% and Additional Ongoing Costs worksheets The award of this contract will be based upon a "best value" evaluation as allowed by Chapter 252 of the Texas Local Government Code. The criteria for the evaluation are listed in the invitation to bid documents. Only those items listed can be used to determine "best value". Award The City reserves the right to award by section, or by entire bid; whichever is most advantageous to the City, unless denied by the bidder. The City may opt to not award all or part of the bid. Quantities indicated on the Bid Proposal Forms are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adjustments in the bid price. Individual purchase orders will be issued on an as needed basis. PAGE 5 OF BID #4246 Bidder's Initials CI~~ CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING MAILING SERVICE Inspection and Acceptance The City of Denton may reject and refuse any delivery, which falls below the quality designated in the specifications. The cost of return and/or replacement will be at the vendor's expense. Samples Bidders must make samples available upon request by the City of Denton prior to award with no cost to the City. Contracts & Bonds The successful awarded vendor will be required to sign the original contract before work is to commence. Each proposal must be accompanied by a cashier's check, certified check or acceptable proposal bond payable without recourse to the City of Denton, Texas in the amount not less than $5,000 submitted as a guarantee that the proposer will enter into a contract and execute any required bonds, and insurance certificate, within ten (10) days after the notification of the award of the contract to the proposer. All bids received without the above will be rejected and considered non- responsive. Insurance Bidder's attention is directed to the insurance requirements as attached on Appendix A. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. Subcontractors Vendors must disclose all subcontractors and suppliers to be used under this contract prior to award. The successful awarded vendor must submit all changes to the subcontractor/supplier list to the Purchasing Department, Attention: Karen Smith, Bid #4246, 901-B Texas Street, Denton, Texas 76209, for approval before use on the jobsite. Tax Exemption The City of Denton qualifies for sales tax exemption pursuant to the provisions of Article 20.04 (F) of the Texas Limited Sales, Excise and Use Tax Act. Any Contractor performing work under this contract for the City of Denton may purchase materials and supplies and rent or lease equipment sales tax free. This is accomplished by issuing exemption certificates to suppliers. Certificates must comply with State Comptroller's ruling #95-0.07 and #95-0.09. PAGE 6 OF BID #4246 Bidder's Initials 1!7~ CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE SPECIAL TERMS AND CONDITIONS Contract Terms Successful vendor(s) will be awarded a thirty-six (36) month contract, effective from date of award or notice to proceed as determined by the City of Denton Purchasing Department. At the City of Denton's option and approval by the vendor, the contract may be renewed for four (4) additional one (1) year periods, as further explained in Renewal Options. Renewal Options The City of Denton reserves the right to exercise an option to renew the contract of the vendor for four (4) additional one (1) year periods, if agreed upon in writing by both parties. All terms and conditions must remain the same for each optional additional one-year period. If the City exercises the right in writing, the Bidder shall update and submit any legal documents required during the initial solicitation by no later than thirty (30) calendar days prior to the commencement of the option period. These documents, if applicable, may include, but are not limited to, Insurance Certificates and Performance Bonds and must be in force for the full period of the option. If the updated documents are.not submitted by the Bidder in complete form within the time specified, the City will rescind its option and seek a new bid solicitation. Price -Escalation and De-escalation A 3%escalation and de-escalation for paper costs will be reviewed on a case-by-case basis by the City of Denton Purchasing office. Vendors must submit a written notice from the paper manufacturer of the increase or decrease within 10 days of the change to the Office of the Purchasing Agent. The escalation/de-escalation will be based upon manufacturer published pricing sheets to the vendor. Should the change exceed or decrease a minimum threshold value of +/-1 then the stated eligible bid prices shall be adjusted in accordance with the published price change. It is the vendors or the City's responsibility to request a price adjustment in writing. If no request is made, then it will be assumed that the bid price will be in effect. The vendor must submit or make available the manufacturers pricing sheet used to calculate the bid proposal, to participate in the escalation/de-escalation clause. Cooperative Purchasing The City of Denton encourages Cooperative Purchasing efforts among the governmental entities; therefore it would be in the vendor's best interest to help the City of Denton facilitate this cooperative effort. Should other Governmental Entities decide to participate in this contract, would you, the Vendor, agree that all terms, conditions, specifications, and pricing would apply? _X-yes No PAGE 7 OF BID #4246 Bidder's initials CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE If you, the Vendor, checked yes, the following will apply: Governmental Entities utilizing Inter-Governmental Contracts with the City of Denton will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by Governmental Entities other than the City of Denton will be billed directly to that Governmental Entity and paid by that Governmental Entity. The City of Denton will not be responsible for another Governmental Entity's debts. Each Governmental Entity will order its own material/services as needed. PAGE 8 OF BID #4246 Bidder's Initials r/" CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY- Disadvantaged Business Enterprises (DBE) are encouraged to participate in the City of Denton's bid process. The Purchasing Department will provide additional clarification of specifications, assistance with Bid Proposal Forms, and further explanation of bidding procedures to those DBEs who request it. Representatives from DBE companies should identify themselves as such and submit a copy of the Certification. The City recognizes the certifications of the State of Texas Building and Procurement Commission HUB Program. All companies seeking information concerning DBE certification are urged to contact. State of Texas HUB Program Texas Building and Procurement Commission PO Box 13047 Austin, TX 78711-3047 (512) 463-5872 If your company is already certified, attach a copy of your certification to this form and return with bid. COMPANY NAME: REPRESENTATIVE: ADDRESS: CITY, STATE, ZIP: TELEPHONE NO. Indicate all that apply: FAX NO. Minority-Owned Business Enterprise Women-Owned Business Enterprise Disadvantaged Business Enterprise PAGE 9 OF BID #4246 Bidder's Initials CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE SECTION A PAGE 11 OF BID #4246 Bidder's Initials ryo~ CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE PRINTING/MAILING SERVICES SECTION A The award will be made to the bidder providing the best value. The award will be for a three- year contract with optional annual renewals. All quantities referred to in this specification sheet are estimated annual quantities and should be treated as such. Proposals for Section A shall include: • Notations regarding the ability of the vendor to comply with each of the specifications. Details reflecting the reasons why the vendor cannot comply with those specifications that they are unable to meet. • Five copies of the proposal. List of at least three references of municipalities of comparable size that vendor currently services with printing and mailing services. Pricing proposal sheet. Copy of standard terms and conditions. Sample bills that vendor currently produces. • Vendor contact information including address, phone and fax numbers. • A list of other services the vendor could supply along with prices. Statement of Intent The City of Denton is seeking bids for the printing and mailing of utility bills, notices, and all other miscellaneous letters. This service includes but is not limited to the receiving and processing of data transfer on a daily cycle, update Change of Address (NCOA link), CASS certify, print, fold, insert, presort, meter and mail within specified time. PAGE 12 OF BID #4246 Bidder's Initials 1, CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE Criteria for Award This is a Best Value Bid that will be evaluated by the criteria established in this bid document.. Response to specification is primary in determining the best value. Failure to comply with the listed General Conditions may result in disqualification of bid. The successful bidder will be that bidder which provides the best value bid. The best value bids will be evaluated and rated on the following areas. SECTION A CRITERIA Bids that do not meet Items 1 & 2 will be considered non-responsive and will not be considered by the evaluation committee. 1 Interface with Harris billing software (City of Denton's Yes No current billing software) 2 Bills must be delivered to USPS by next business day for Yes No processing that same day 3 Price submitted on `Pricing Proposal List' including Start Up and Additional Ongoing Costs worksheets 35% 4 The extent to which bidder meets specifications and the needs of the city 45% 5 Ability of vendor to provide both services outlined in sections 5% A & B 6. Reputation of-vendor 15% The award of this contract will be based upon a "best value" evaluation as allowed by Chapter 252 of the Texas Local Government Code. The criteria for the evaluation are listed in the invitation to bid documents. Only those items listed can be used to determine best value". Vendor Shall Comply • Have a predominant business function that is laser imaging and /or complete mailing services with preference given to contractor that is able to provide: design, printing, software management, reporting, and postal compliance mailing services in a complete service solution. • Vendor shall be able to adhere to the City of Denton bill format specifications X • Privacy: The vendor shall not sell, disclose or disseminate any personal data collected during the contract period to any third party without written consent from the City of Denton, City Manager. • Provide security of information and supervision from start to finish. el(_ PAGE 13 OF BID #4246 Bidder's Initials r_XM CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE comply • Have the ability to process mail in high volumes (4,000-4,500+) of utility statements and notices on a daily basis and at least double that amount (13,500) on a minimum of two days per month. • Return all unacceptable or damaged mail to the City of Denton Customer Service_ Department the next business day. • Perform random testing of a minimum of 100 utility bills and 50 letters on a monthly basis to insure accuracy and provide the City of Denton with the results of this test along with corrective action. • Provide courier service for special delivery and pick up requests along with returned mail. • Must guarantee consistency with our current mailing process to allow for delivery of utility bills to the USPS Bulk Mail Center within 24 hours from time transmission of data is received. This must include a window of opportunity for the City to view and make changes to the file that was sent prior to printing. • Provide courier service for daily delivery of our utility billing to be delivered to the USPS Bulk Mail Center by next business day from day file is .received. • Provide a single point of contact representing the account. • Have the ability to preprint forms, envelopes, and flyers. • Warehouse forms, flyers and envelopes in climate-controlled conditions. • Allow up to three inserts (flyers) per bill period, pre-approved by X City of Denton Customer Service management staff or designee. • Must notify City of Denton Customer Service. management staff or designee if cost of inserts (flyers) will affect postage rate prior to being sent out. • Be able to household merge/purge multiple statements into the same envelope (up to 6 into Standard Mail Out envelope). • Be able to accept upgrades to current customer billing system. x (Vendors shall list custom programming rate/hour on proposal sheet) PAGE 14 OF BID #4246 Bidder's Initials CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE • Be able to accept electronic data transmissions at all times and days throughout the entire year. • Be willing and able to establish a business partner relationship with Harris Computer Systems, the City of Denton's current Customer Information System vendor. • Be able to provide custom programming as needed. • Have an emergency back up plan to avoid out of service situations. • Provide secure access for electronic data transmissions compatible to the City of Denton 's Technology Service Department's current capabilities. • Provide a system password unique to the City of Denton that is vendor controlled and will not allow unauthorized access. • Be responsible for all costs associated with errant printing and mailing of statements, inserts (flyers), and letters due to no fault of the City of Denton. • Provide capability to enable batch printing of selectively excluded bills at City of Denton's Customer Service office. • Provide selective dynamic messaging via secure site for customer messages to be included on bills. • Maintain a security bond or irrevocable letter of credit in the City's name in the amount of $25,000 and furnish the City a copy thereof. • Maintain all insurance coverage as listed in attached insurance requirements. • Contractor agrees to return all remaining deposit funds, mail, and or any other property owned by the City of Denton immediately upon cancellation of this agreement. • Contractor agrees to allow City of Denton representatives to make onsite visits during the contract term. All facilities utilized in performing this service must be listed and must meet all applicable code and zoning requirements. comply x x x X- K X X- A X PAGE 15 OF BID #4246 Bidder's Initials -r lm CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE Daily Transmission of Electronic Data • Vendor must, be able to accept Harris text flat file exports. • Vendor must accept files transmitted via Internet. • Vendor shall confirm receipt of file daily by return electronic mail to persons specified by the City of Denton. Vendor shall provide second report daily when file has been processed for printing. • Vendor shall provide as part of the second report the amount of postage charges for the billing included in the report along with the remaining postage balance on the City of Denton Is prepaid postage account with vendor. (The City of Denton is willing to provide vendor up to three months postage at lowest bulk postage rate for the average number of bills sent out each month.) • File size and billing cycle will be utilized as confirming data. • Vendor will receive a daily average of approximately 4,500 bills and up to 13,500 bills on occasion. • Vendor shall receive daily file by 4:00pm for daily processing. • Vendor is required to report the following daily a. Forwarding addresses b. Undeliverable mailing addresses on the invoices Preprint Requirements • Selectively exclude bill types from printing (Pull, Ebill, City and others identified in the print file). • CASS certification to ensure lowest discounted postage rates possible. • All outgoing mail shall include Zip+4+Delivery Point bar coding conforming to the most recent USPS requirements postal requirements for automated processing. . • Must be able to sort to carrier route level. x • Presorts must conform to latest USPS notification._ PAGE 16 OF BID #4246 Bidder's Initials -c-let, . CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE Co= • Mail merging of bills going to same mailing address up to ten into a 6x9 mailing envelope per Sample #4 and eleven to 50 merged for stuffing into one envelope per Sample #5 and 51-100+ merged for stuffing into one large envelope per Sample #6. The City of Denton must approve placement of sorter codes. • Vendor must have the ability to manipulate print ready data into proper bill format._ City Access to Electronic Bill Image • Provide access for City of Denton staff via password secured Internet site of exact replicas of customer bills in PDF Format for a period of 12 months. • Provide access via secured Internet site from the City of Denton web site to customers electing to view exact replicas in PDF format for a period of 12 months. • Provide search capability based on account number and date range. • Have capability to email bill image from vendor site. • Provide images for one month online, CD or PDF after 12-month period. Approval of Forms and Envelope Orders • All orders for print stock and envelopes shall be approved by the City of Denton. • Proofs will be furnished for approval prior to sending to print. • All artwork becomes the property of the City of Denton at the termination of this contract. X x PAGE 17 OF BID #4246 Bidder's Initials C11_ CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE Material Requirements Bill (Vendor furnished)_ • Per attached Samples #1a -single sided • Per attached Samples #1b -duplex 8-%2 inch x 11-inch Bright White bond stock. Paper weight is 24 pound. Top portion of bill is for customer retention and contains billing information. Bottom portion shall be perforated to produce a return stub 8 %2 X 3 %2 inches to be returned by customer with payment. All printing shall be laser imaging high quality print with 600 DPI or better. 2/0 ink colors; gray scale and red approved by the City of Denton. Tri fold on perforation to fit a Standard #10 window envelope. Print form single sided (see sample #1 a). Print form two sided (duplex - see sample #1 b) Bill print fonts include OCRA for automated scanning and processing. The City of Denton must approve proofs with any programming change prior to implementation of changes. Envelopes (If Vendor Furnished) • Vendor will deliver 2000 additional envelopes each of the #10 Mail Out and the #9 return one time each month to the City of Denton for in house use. Delivery required is 3 days from date of order. Mail Out • Standard BRE #10 left window per attached Sample # 2. • Window size must comply with USPS for utilization of bar code. • Ability to include mail processing codes if required. Return • Standard BRE#9 (right window) per attached Sample #3. • Bar coded for return address. PAGE 18 OF BID #4246 Bidder's Initials CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE Mail merging Envelope (Mail Out) • Sufficient size to insert 2-10 bills in envelope per attached Sample #4, 11-50 bills in envelope per attached Sample # 5 and 51- 100+ bills into one envelope per attached Sample #6. • May use mail label rather than bulk print, prefer addressing on the run with bill printing. • Additional inserts include (1) BRE envelope #9 and one of each additional informational insert. Folding and Inserting • Tri Fold statement to fit in Standard #10 Mail Out envelope. • One fold shall be on the perforation creating the bill stub. • Must have multiple page and selective inserting capabilities. • Inserts include statement, return envelope and up to 3 additional inserts (flyers). Bill Inserts (Flyers) • Be able to insert flyers during various cycles throughout the month. • Individual flyers will have a minimum of 500 pieces and a maximum of 45,000 pieces. • Must be able to receive flyers prior to inserting and store flyers during scheduled inserting time. Please add cost of storage, if any, to price sheet provided. • Be able to receive flyers already folded for insertion. • Must be able to insert flyers with a glossy finish. • Must be able to insert flyers with a single fold, double fold, tri-fold, and z-fold • Must indicate if any of the above listed folds need tabs for the inserting process • Must list any special requirements necessary to insert flyers. Mailing • Must mail daily (5 days per week) • Apply proper turnaround processes to ensure the data file that is received by 4:00pm must be prepared for mail out the next business day and delivered to the USPS bulk-processing center for processing that same day. The 4:00pm time may be negotiable, with conditions mandated by the City of Denton. PAGE 19 OF BID #4246 Bidder's Initials CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE Invoicing Monthly Invoicing should reflect separate services according to bid form. Specify details of special handling bills. • List number of statements printed -for the period. o Breakdown of simplex and duplex invoices • Only for completed work. • Postal costs detailed separately. • Invoicing should be in Excel format. Pending Litigation Comp • Bidder has pending litigation with other agencies for similar services?_ Yes X No If yes, please list agencies, contact names, and phone numbers on a separate sheet. On Site Visit The vendor selected by the Committee, must arrange an on-site visit with Ethan Cox, Customer Service Manager at 940-349-7421, prior to award at vendor's expense. A sample of Harris files can be received upon written request to Ethan Cox at ethan.coxO-citvofdenton.com Pre-bid Conference The City will hold a pre-bid conference to discuss the specifications and answer any questions vendors may have regarding the bid. No questions will be answered after the pre-bid meeting. Vendors are encouraged to attend. PAGE 20 OF BID #4246 Bidder's Initials ~ CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE Question Cut-Off Date All questions must be submitted in writing via fax or email before close of pre-bid to karen.smith(a)_cityofdenton.com or 940.349.7302. Additional Expenses Vendor will be responsible for all costs associated with 3-day delivery time that may be needed for the monthly shipments of 4,000 envelopes to the City of Denton when necessary (if required). MISCELLANEOUS REQUIREMENTS: A. Contract shall not be sold, transferred, or assigned to another contractor or subcontractor without written approval of the City of Denton. B. City of Denton shall be notified of any changes in location of processing or storage facilities. C. Insurance certificate must be submitted within 10 days of notification by the City of Denton per the attached requirements. D. Awarded vendor must sign sample Contract upon award by City Council. E. Privacy: The vendor shall not sell, disclose or disseminate any personal data collected during the contract period to any third party without written consent from the City of Denton, City Manager. PAGE 21 OF BID #4246 Bidder's Initials CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE PRICING PROPOSAL LIST 1. Bills Per piece price for: Data processing Simplex, 2 color imaging 8 1/2 x 11 241b white paper with 3.5" perforation at bottom #10 single with left window envelope #9 standard envelope with right window Fold, insert, presort and deliver to USPS bulk mailing center $0. H/ ea (Not including postage) I a. Alternate deduct per bill if the City of Denton provides paper and envelops for: Data processing Simplex, 2 color imaging Fold, insert, presort and deliver to USPS bulk mailing center $0©= ea (Not including postage) 1b. Additional per piece price if: , Data processing Duplex, 2 color imaging 8 1 /2 x 11 24115 white paper with 3.5" perforation at bottom #10 single with- left window envelope #9 standard envelope with right window Fold, insert, presort and deliver to USPS bulk mailing center $0. / a 3 ea (Not including postage) 1c. Alternate deduct per bill if the City of Denton provides paper and envelopes for: Data processing Duplex, 2 color imaging Fold, insert, presort and deliver to USPS bulk mailing center $0.0Y_3 ea (Not including postage) PAGE 22 OF BID #4246 Bidder's Initials CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE 2. Inserts (flyers) Must be able to receive flyers prior to inserting and store flyers during scheduled inserting time. If there is a storage cost, list here $0. Cost to fold flyers for inserting 3. Custom Programming as needed 4. Startup Cost Worksheet c4 ~ ; m r 64 s--~ a. f G $0.01 ea $O= hour IL I -Cc 5. Additional Cost / Ongoing Cost Worksheet not covered above PAGE 23 OF BID #4246 Bidder's Initials . CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and- all other matters that may be incidental to the work, before submitting a bid. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this bid have not been communicated to any other bidder or to any employee of the City of Denton prior to the official opening of this bid. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 ems., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seg. The undersigned affirms that they have read and do understand the specification and any attachments contained in this bid package. NAME AND ADDRESS OF COMPANY: J~14 W Lic (ee- 0,^ k a~ . y~--a1- -3 AUTHOR=-- Date_&(/ NTATIVE: Signature 3p aoC:F j Name < r ~Ur r Title Fax No. C~6 r 0 . Email. ~.,t4 cccff -ve- S A Tel. No. ~f - .sac - 4 9: a 6 COMPANY IS: Business included in a Corporate Income Tax Return? YES NO Corporation organized & existing under the laws of the State of M(,C4/9Cne,;n Partnership consisting of Individual trading as Principal offices are in the city of i PAGE 24 OF BID #4246 Bidder's Initials Pricing On average, it will take between 80-200 hours of IT time to write code that is specific to your billing requirements. These Startup costs include the following: Scope: • Compose billing templates • Design mapping document around text file format and billing template. • Design program to take text file and produce billing template. • Design program to include special handling of critical invoices. • Design program to include selective inserting. • Design program to include in-line inserts. • OMR Markings, sortation marks and postal markings will be added to statements. • Invoices will be printed simplex. • All billing templates, both printed and electronic, will be loaded into customer's image archival system and available through the customer portal. • Bill suppression is available now or in the future. • Message file will be sent with accounts numbers for inserts and special handling of invoices. Deliverables • Project Plan with Benchmarks for both Utilitec and Denton to monitor progress. Go live date for production will be determined. • Testing, Printing, and Review of Bills before going live. • Transition of bill printing from current method to Utilitec using existing process, Utilitrax and mail delivery as required by the City of Denton. • Availability of all bill ing statements in pdf format for reference in your archival system and presentment to customers through customer portal. • Additional account billing alternatives to include EDI, Flat files, Memo, .txt, CD or other media as determined by customer will be available and quoted as needed. 26 CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE SECTION B PAGE 25 OF BID #4246 CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE TERMS AND CONDITIONS SECTION B 1. SCOPE OF WORK: A. This bid is intended to acquire a contractor to perform outgoing U.S. Mail services for the City of Denton. Services include pick up of mail at designated sites, processing of residual mail, and delivery to the U.S. Post Office. B. Contractor agrees to process mail at the lowest permissible rates available from the U.S. Post Office and to keep the City informed of savings available to the City of Denton. 1. CRITERIA FOR AWARD: This is a Best Value Bid that will be evaluated by the criteria established in this bid document. Response to specification is primary in determining the best value. Failure to comply with the listed General Conditions may result in disqualification of bid. The successful bidder will be that bidder which provides the best value bid. The best value bids will be evaluated and rated on the following areas. 1. Ability to meet specifications and the needs of the City 50% 2. Ability to provide both services for Section A and B 5% 3. Ability to perform additional services and enhancement to the City 5% 4. Reporting capabilities 25% 5 Price submitted on `Pricing Proposal List' including Start Up and Additional Ongoing Costs worksheets 15% The award of this contract will be based upon a "best value" evaluation as allowed by Chapter 252 of the Texas Local Government Code. The criteria for the evaluation are listed in the invitation to bid documents. Only those items listed can be used to determine "best value". 11. CONTRACTOR SUPPLIED SERVICES: A. Pickup residual mail at approximately 2:00 - 3:00 P.M. each workday at five designated site(s) as per Exhibit A. B. Properly meter/insert mail as per U.S. Postal Regulations and endeavor to take advantage of all available discounts for postage. C. Deliver mail to U.S. Post Office in sufficient time for postal processing the same day or next day as picked up from the City of Denton. The City prefers same day processing, but will consider next day processing if there is significant savings. D. Notify designated City Staff should unforeseen acts, delay mailing until the next business day. (i.e. equipment failure) PAGE 26 OF BID #4246 CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE E. Return all unacceptable or damaged mail to originating City of Denton pickup area the next business day. F. Invoice the City of Denton on a monthly basis at the awarded rates. G. Supply the City of Denton with monthly reports indicating summary charges for each department based upon listing supplied by the City (approximately 64 departments). A separate log shall be kept for certified mail, notating delivery to Post Office. The City prefers to utilize 6 digit department codes for reporting. Please describe the coding system and the maximum digits allowable by the contractor. H. Maintain a security bond or irrevocable letter of credit in the City's name in the amount of $25,000 and furnish the City a copy thereof. 1. Maintain all insurance coverage as listed in attached insurance requirements. J. Contractor agrees to return all remaining deposit funds, mail, and or any other property owned by the City of Denton immediately upon cancellation of this agreement. K. Contractor agrees to allow City of Denton representatives to make onsite visits during the contract term. All facilities utilized in performing this service must be listed and must meet all applicable code and zoning requirements. L. Special Mailings: City of Denton shall give 15 business days notice of special mailings. Contractor has 10 business days to notify the City if unable to fit the mailing in the production schedule as requested. Single special mailings shall not exceed 1.04 ounces. Single mailings weighing in excess of 1.04 ounces shall be bid individually as they occur. Bidder shall list additional price breaks available to the City above 1000 units, excluding the postage price. MISCELLANEOUS REQUIREMENTS: o Contract shall not be sold, transferred, or assigned to another contractor or subcontractor without written approval of the City of Denton. o City of Denton shall be notified of any changes in location of processing or storage facilities. o Insurance certificate must be submitted within 10 days of notification by the City of Denton per the attached requirements. o Awarded vendor must sign sample Contract upon award by City Council. o Privacy: The vendor shall not sell, disclose or disseminate any personal data collected during the contract period to any third party without written consent from the City of Denton, City Manager. PAGE 27 OF BID #4246 CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE V. A. LOCATION OF PRIMARY FACILITY: 4/17' ~a ~Z B. LOCATION OF INSERTING/METERING EQUIPMENT IF DIFFERENT FROM ABOVE: VI. OWNER TO PERFORM: A. City will properly prepare, bundle, mark, and place mail in pre-designated accessible areas. The City uses departmental codes. The City prefers to use 6 digit codes to designate departments for billing by the vendor. B. City will place on deposit with Contractor sufficient dollars to cover cost of postage and replenish as agreed. C. City reserves the right to cancel this agreement without cause with thirty (30) days written notice. PAGE 28 OF BID #4246 CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE MAILING SERVICES PROPOSAL 1. Residual, Daily Mail (Excluding Utility Bills) flat fee of $ per piece in addition to the lowest applicable first class single piece rate (do not include cost of postage in price). 2. Stamped and or business reply mail, $ (do not include cost of postage in price). per piece flat fee handling charge 3. Number of Sites vendor can pick up throughout the City daily at no additional cost. City requires a minimum of 5 sites. See exhibit A for current pick up sites and optional sites available for pick-up. a. Pick up fee per additional site per day $ 4. Required Minimum Deposit on Residual Daily Mail 5. Special Mailings, including post cards, magnet mailers, flyers,.etc. not to exceed 1.04 ounces. Quantity in excess of 1000 pieces. Cost per piece $ vlo f czi- at the lowest applicable first class bulk mailing rate or first class rate as required by the City (do not include postage price). a. List additional price breaks, if available, to the City. For example, at 2500 pieces the cost per piece would be $ at 5000 pieces the cost per piece would be $ 6. Reporting. a. Does the vendor have capabilities to report 6 digit departmental codes for approximately 64 departments? = Yes No b. What is the maximum code and number of departments available to the City for reporting? b"A-. c_ c. Ability to provide reporting electronically through Microsoft Excel? _ Yes No 7. Will mail be processed daily, or next day? The City prefers same day processing, however, if there is a significant cost savings, the City will consider next day processing. Note any savings to the City. s 8. List additional services available to the City at no additional cost 9. Attach a list, and describe additional services available to the City, and the cost to the City for each optional service. PAGE 29 OF BID #4246 CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE EXHIBIT "A" Required Pick-up sites: 1. City Hall 215 E. McKinney St Denton, TX 76201 2. City Hall West 221 N. Elm St Denton, TX 76201 3. City Hall East Customer Service 601 E. Hickory St, Suite F Denton, TX 76205 4. City Hall East- Municipal Court 601 E. Hickory St, Suite D Denton, TX 76205 5. City of Denton Warehouse 901-13 Texas St Denton, TX 76209 Additional Sites for pick up locations (at Citv's option): 1. City Hall East - Human Resources 6. DME- Substations :601 E. Hickory St, Suite A 1701 C Spencer Rd Denton, TX 76205 Denton, TX 76208 2. City Hall East Police Department 601 E. Hickory St, Suite E Denton, TX 76205 3. City of Denton Fire Department 332 E. Hickory St Denton, TX 76201 4. City of Denton Solid Waste 1527 S. Mayhill Rd Denton, TX 76208 5. City of Denton Water Plant 1701 B Spencer Rd Denton, TX 76208 PAGE 30 OF BID #4246 CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE The undersigned agrees this bid becomes the property of the City of Denton after the official opening. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters that may be incidental to the work, before submitting .a bid. The undersigned agrees, if this bid is accepted, to furnish any and all items/services upon which prices are offered, at the price(s) and upon the terms and conditions contained in the Specifications. The period for acceptance of this Bid Proposal will be sixty (60) calendar days unless a different period is noted by the bidder. The undersigned affirms that they are duly authorized to execute this contract, that this bid has not been prepared in collusion with any other Bidder, nor any employee of the City of Denton, and that the contents of this bid have not been communicated to any other bidder or to any employee of the City of Denton prior to the official opening of this bid. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seg., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seg. The undersigned affirms that they have read and do understand the specifications and any attachments contained in.this bid package. NAME AND ADDRESS OF COMPANY: j. /*,;~Lc l l~ IAJO&& (ee- Pl- Date Of 'Sol off. 0 0 ~ Name jj Title Fax No. r) ~0 C Email. --Cn4g_, r- C,Q mac, Tel. No.c``,c~ C{~a COMPANY IS: Business included in a Corporate Income Tax Return? YES NO _j<D Corporation organized & existing under the laws of the State of q Partnership consisting of Individual trading as Principal offices are in the city of F a AUTHORIZED RESENTATIVE: Signature ~~~c.;L~ PAGE 31 OF BID #4246 CITY OF DENTON BEST VALUE BID FOR UTILITY BILL PRINTING & MAILING SERVICE APPENDIX A PAGE 32 OF BID #4246 EXHIBIT D CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a person Date Received doing business with the- governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7'" business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? Yes F~ No B. Is the filer of the questionnaire receiving or likely to. receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes F -]No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? 0 Yes F--]No D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date Adopted 0629/2007 PAGE 45 OF BID #4246 Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com ADDENDUM #1 Bid #4246 Best Value Bid for Utility Bill Printing and Mailing Service BIDS DUE: FEBRUARY 5, 2009 2-800 P.M. Bid submitted by: x,11. / % , Company Name ADDENDUM #1 Addendum #1 to be returned with Bid Proposal The following are changes or clarifications to the bid specifications: Please see attached information: Attachment #1 - Questions and answers from pre-bid meeting January 20, 2009 Attachment #2 - Handout from pre-bid meeting January 20, 2009 Attachment #3 - Envelope Samples Attachment #4 - Sample Utility Bills NO OTHER CHANGES AT THIS TIME. This form shall be signed and returned with your bid. Name: Signature: Company: / Title: Date: C~/boa /a o~.~ ATTACHMENT 1 Bid 4246 Utility Bill Printing and Mag Service Pre-bid Notes Addendum # 1 January 20, 2009 1. A vendor requested an actual data sample be sent electronically. To receive sample data, please email karen.smithpcityofdenton.com. 2. Request for clarification of the daily review process: a. What is the City reviewing daily? Want to see bill cycle Ability to pull account Check to see if something missing b. How long will this take? About an hour daily c. 4:00 PM will be the latest time the information will be reviewed. It most likely will be reviewed earlier. 3. Does the City expect the mail to be processed that day, if data isn't received until 4:00 PM? No, however all mail is required to go out next business day. 4. City will continue to maintain the postal permit. The City will not use a vendor's permit to pay for postage. Indicia will need to be printed on envelopes to meet U.S. Post Office requirements. 5. On electronic pay customers, does the City suppress the return envelope? Not currently, however the City of Denton would like to explore this option if possible. If a vendor has this ability, please submit an alternate price to perform this function. 6. How does the City run NCOA link Database currently? This is a new process for the City, currently; the data is reviewed by cycle. 7. The City is not interested in pre-printed stock bills. 8. Would the City consider redesigning of the utility statement? Yes, the City is open to minor redesigns, but doesn't want anything to drastic to start. If a vendor is proposing a redesign, they should submit an alternate bid and submit sample of a proposed redesign with their proposal. 9. If a customer doesn't have electric service, will the logo need to be suppressed from the bill? No, currently the logo still prints even if no the customer doesn't have this service. 10. Sample duplex color bill was available for viewing by vendors. Things noted were: a. Variable printing in one color on back b. 2 color front i. Usually one color ii. Red prints if the bill is delinquent iii. The City currently cannot separate files 11. How does the City print messages on the statements? The City can print a message on a bill for all accounts or by service type. 12. What is the ratio of bills: single versus multi-bills? Monthly Average Bulk Mail Single = 41,530 Monthly Average Multiple Envelopes = 2,419 Monthly on Average we have 6,520 bills stuffed into 2,419 envelopes 13. Will the City consider electronic bill pull solutions? Yes, vendors should provide information on the process, and note any cost as an alternate bid. 14. On Section B mailings, what is the average daily volume? On average, the City sends about 100 - 200 pieces per day. 15. Is there a go live date, once awarded? No date set, however, the City would like to be up and running within 6 months after award. 16. Will the City visit vendor sites? Yes, the City reserves the right to visit any vendor site. 17. How does the City send data, is it raw data or print ready data? The information is raw data. (See question 1) 18. What is the current rate postage rate bills are mailed at? Between $0.325 - $0.328 19. As a reminder, vendors must present bills at the lowest possible rate. Utility bills mailed via the Bulk Mail Center must be mailed with the lowest possible automation rate based on the "Preprint Requirements" on page 16 of Bid #4246 (as well as new LISPS requirements being enforced after the creation of this document.) ATTACHMENT 2 Bid 4246 Utility Bill Printing and Mailing Service Pre-bid Questions and Answers (Handed out at pre-bid) January 20, 2009 1. Would it be possible to get a PDF copy of a sample bill, delinquent notice and of the #10 and #9 envelopes that you use? Actual samples are viewable at the pre-proposal meeting. The City will provide a PDF sample bill, and sample envelopes. The City does not mail delinquent notices. The utility bill is the only notice, printing past due amounts in red. 2. What company is currently printing and mailing your bills? Printing - City of Denton Reprographics Department Mailing - North Texas Mailing 3. When USPS Bulk Mail Center is referenced does it imply the USPS BMC in Denton or will the bidder's local USPS BMC will meet that requirement? The bidders: local USPS BMC shall meet the requirement. 4. Ebill is mentioned briefly for selective exclusion. Does the City maintain a separate contract for Ebill payment and presentment? No there is no separate contract for Ebill payment and presentment at this time. 5. Was the previous vendor and contracted rate released as public information? If so; who was is the vendor and rate. The information is public information; however the City does not have a current contract for section A. If you are interested in Section B information, please email your request to cindy.troyer@cityofdenton.com a. LU Q LLI CL {j 2 ATT. W CL O LU -CO w_ A.1 ?U) L a C\j <CL fn ~ U Uo~ Z 0 ...x _ZW.o Q PC) zCO° w o o Account Cycle Service address Last payment Last payment date Servlced"ateeriod Bill~ig: Billing'days Due date 08/08/2005 Histo 3 0 Y 24480 18360 12240 6120 0J A S O N D J F M A M J J Electric c 0 is 101000 75750 505W 25250 0J A S O N D J F M A M J J Water `$PEGIAL;-MESSAGE Previous balance 1,000.00 Late payment charge 1000 !;)?ay:tlvitfiin=:'da sfiiii~ tii.avold , . i~►g l scctit~fl., `1 1»0:00 Current month's balance due by 08/09/2005 2;949.83 Total amount due 3,959.83 For more information, contact Utilities Customer Service at 940.349.8700 or visit www.dentonutilities_com. To schedule a water audit, call 940.349.7322. To schedule an energy audit, call 940.349.7137. Ron 1-101 aa- Meter Rate Iti Usage Amount M.~ s reYs. Electric 2,064.75 Outdoor Lighting T• G 99.28 Electric total 17 2,164.03 ROW Meter Rate Previous.. Current Multi Usage Amount as., . Metb Ys9 Water 353.17 Wastewater r =ti Drainage 317.99 20.05 Water total 691.21 SW 6yd Comm Dumpssl 84.66 Solid Waste Total 84.66 1 d ~1'A FJ. A Interest charge on previous balance 9.93 Total 9.93 Keep this portion of your bill for your records. 'P-e;`,ous.tisla>;tce:: u_iitTin.tie:5j'days`of_tiiilitgdate Account Service-address Pevjs=balarcar:to ~vold`.`ditconriectlori '1:;01:0:00 Current amount due by 08/08/2005 2,949.83 Total amount due 3,959.83 Late payment charge ( $10 ) assessed after due date. DENTON, TX 76205 - 8306 Customer # ( 41611 ) 14 PENNSYLVANIA -2,098.23 07/11/2005 06/20/2005 to 07/19/2005 0712512MIS 29 CITY OF DENTADN PO BOX 961082 FT WORTH, TX 76161-0082 Please return this portion and payment in the envelope provided and mall to Denton Municipal Utilities, P.O. Box 961082, Fart Worth, TX 76161-0082 Please make your check payable to DENTON MUNICIPAL LMUTIES. To pay in person: Denton Municipal Utilities. 601 E. Hickory St., Suite F. Denton, TX 76205, Ph: 940.349.8700 Metro: 972.4342529 367 TDD: 800.735.2959 ADA/EOE/ADEA www.cityoldenton.com =i 0000413019702000003959832 Continued from page 1... ATTACHMENT 4 Meter Rate Previous Current Multi Usage 0000054740 -GSM1 3 00022295 00022637 60 20520 0000054740 GSM13 00013146 60 78.88 ACCOUNT INFORM` AMOUNT TION 1 Account ATTACHMENT 4 Cycle 10 Service address t ,ast payment u.w Last payment date Sennce period 10!2412008 to 12111f200B Billing date 12117/2008 Billing days 48 Due date 0110212009 For more account Mformatto % visit 601 E. HH ory SL, We F, Denton. TX 78205, or City Hall In the Matt In the Golden Triangle Mall. Ptc 940.949.6700 Metro 9M4342&2'9 TDD 800.735.2989 wwrwxltyof feWmcam 0 52 as cs 0 0 0 ° D J F M A M J J 'A S O N D Electric 0 o 0 0 D J F M A M J J A S O N D Water Previous balance 0.00 Current month's balance due by 81!0212009 140.60 Total amount due 140.60 To schedule an er tergy or water audk call 940.349.7137. Meter Rate P -u Usage Amount ! A 1 P A 1 E - I CURRENT CHARGES (WATER) Meter Rate Previous Current Multi Usage Amount 0099000125 WFH OOtt7 70925 100 0 Water 140.60- water total, - 140.60 CURRENT CHARGES (SOLID WASTE) Keep this portion of your bill for your records. Customer # (202630) AMOUNTDUE Account N . i =tilke - st= a illes rig a r- Service address ik RVI ase Current amount due by 01102!2009 140.60 Total amount due 140.60 a~+t lEO. r e pr rt rnFvra irea. I s ca$ o r. e pro~ram.~ !.ate payment charge ($10) billed after due data Amount paid lily go I III III CITY OF DENTON !l~,~I~lrl~~lr~ilt~,•.•l~l~~tt~lr~lrrlerlll~t~l~„l~,11~t~~~11 PO BOX 660150 DALLAS, TX 75266-0150 Please return Oft porgon and your check or money order payable to DEMON MUNICIPAL UTILITIES M the envelope provided. When you pay by cho* you authorize us to process your check electronically. Funds may be wfthdrawn from-yow account upon recelpL Your drie~ t check wIll be destroyed once processed, and you wM not recehre your canoelied 0000407030122000000140607 M EXHIBIT C CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certifcates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid award, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Contractor may, upon written request to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance requirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notification that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. • Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or S:\Materials Management\PRMContracts Documents\4246 Utility Bill Printing-Utilitec.doc EXHIBIT C suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: The City requires 30 day written notice should any of the policies described on the certificate be cancelled or materially changed before the expiration date. • Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. • Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. SAMaterials Management\PRMContracts Documents\4246 Utility Bill Printing-Utilitec.doc EXHIBIT C SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliance with these additional specifications throughout the duration of the Contract, or longer, if so noted: [X ] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $300,000shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [X] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $100,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned, hired and non-owned autos. SAMaterials Management\PRCH\Contracts Documents\4246 Utility Bill Printing-Utilitec.doc EXHIBIT C [X] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a $500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ ] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and property damage per occurrence with a aggregate. [ ] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than per claim with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. SAMaterials Management\PRMContracts Documents\4246 Utility Bill Printing-Utilitec.doc EXHIBIT C [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a "blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. SAMaterials Management\PRCH\Contracts Documents\4246 Utility Bill Printing-Utilitec.doc EXHIBIT C ATTACHMENT 1 [X] Worker's Compensation Coverage for Building or Construction Projects for Governmental Entities A. Definitions: Certificate of coverage ("certificate ")-A copy of a certificate of insurance, a certificate of authority to self-insure issued by the commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. Duration of the project - includes the time from the beginning of the work on the project until the contractor's/person's work on the project has been completed and accepted by the governmental entity. Persons providing services on the project ("subcontractor" in §406.096) - includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. B. The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any overage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services on the project, for the duration of the project. C. The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. D. If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. E. The contractor shall obtain from each person providing services on a project, and provide to the governmental entity: 1) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and SAMaterials Management\PRMContracts Documents\4246 Utility Bill Printing-Utilitec.doc EXHIBIT C 2) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. F. The contractor shall retain all required certificates of coverage for the duration of the project . and for one year thereafter. G. The contractor shall notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. H. The contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 1. The contractor shall contractually require each person with whom it contracts to provide services on a project, to: 1) provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 2) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; 3) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 4) obtain from each other person with whom it contracts, and provide to the contractor: a) certificate of coverage, prior to the other person beginning work on the project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 5) retain all required certificates of coverage on file for the duration of the project and for one year thereafter; 6) notify the governmental entity in writing by certified mail or personal delivery, within 10 days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and SAMaterials Management\PRCH\Contracts Documents\4246 Utility Bill Printing-Utilitec.doc EXHIBIT C 7) contractually require each person with whom it contracts, to perform as required by paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they are providing services. J. By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the governmental entity that all employees of the contractor who will provide services on the project will be covered by workers' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. K. The contractor's failure to comply with any of these provisions is a breach of contract by the contractor which entitles the governmental entity to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. SAMaterials Management\PRCH\Contracts Documents\4246 Utility Bill Printing-Utilitec.doc EXHIBIT D CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person doing business with the governmental entity. By law this questionnaire must be filed with the records administrator of the local government not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. 1 Name of person who has a business relationship with local governmental entity. i ~ ilk - 2 F] Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the Ph business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Name of Officer This section, (item 3 including subparts A, B, C & D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 0 Yes 0 No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? 0 Yes 0 No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? 0 Yes 0 No D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date Adopted 0629/2007 SAMaterials ManagementTlIMContracts Documents\4246 Utility Bill Printing-Utilitec.doc RD. CERTIFICATEj, OF LIABILITY INSURANCE DATE( 1 2 09 i PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Insurance House ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 26205 Five Mile Road ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Redford,. MI 48239 313 535-6660 INSURERS AFFORDING COVERAGE NAIC# INSURED Ancor Information Management, LLC INSURER A: Hartford Fire Ins Co dba Utilitec INSURER B: Accident Fund 1911 Woodslee INSURER Q Troy, MI 48083 INSURER D: INSURER E: COVERAGES I HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CI_RTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCEn RY PAID ouAmi INOR LTR NSRD TYPE OP INSURANCE POLICY NUMBER POI_t F E. T POLI Y I T N UMITS GENERAL LIABILITY EACH OCCURRENCE $ 11000,000 R COMMERCIAL GENERAL LIABILITY DAMAGE Tu MEN I ED PREMISES Ea ocaurence $ 3001000 CLAIMSMADE OCCUR MEDEXPWwoneporson) i 10,000 A x Printers E&O 35UUN TH8252 11/1/08 11/1/09 PERSONALBADVINJUKY $ 1 000 000 GENERAL AGGREGATE $ 2 00 0 000 GEN'L AGGREGATE LIMIT APPLIES PER: O PRODUCTS - COMP/OP AGG $ 2 POLICY JEC T- LOG AUT OMOBILE LIABILITY X ANYAUTO COMBINED SINGLE LIMIT (Ea acxidenl) 1 0 0 0 $ > >O0 0 X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Par PCO-) $ A X HIRED AUTOS 35UUNTH8252 11/1/08 11/1/09 BODILYINJURY 3 X NON-OWNEDAUTOS (Perstadenl) x $500 BF Coll X $250 Co dad PROPERTY DAMAGE (Peraceldaru) 3 GARAGE LIABILITY AUTO ONLY -EAACCI ENT $ ANYAUTO OTHER THAN EA ACC 3 AUTOONLY. AGG i EXCESSIUMBRELLA LIABIUTY EACH OCCURRENCE S 5 000 000 X IOCCUR CI CLAIMS MADE AGGREGATE x 51000,000 35XHU ZU0427 11/1/08 11/1`09 $ A DEDUCTIBLE A i X RETENTION $ 10,000 $ WORKERS COMPENSATION AND EMPLOYERS`uAewTY TORYLIMITS TH ANY PROPraeTORjaACtTr vec~xecUtlV@ WCV6010500 9/1/08 9/1/09 EL. EACH ACCIDENT S 5001000 B OFFICEA/MEMHER EYf`a r rnFm Yves desaibeundor E.L. DISEASE - EA EMPLOY $ 500 000 SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 500,000 OTHER Property Blkt. Bldg . &Conts . A Special, 35UUN TH8252 11/1/08 11/1/09 Lmt $11,250,000 Hepl, Cost B/T Lmt $9,000,000 i DESC RIPTION OF OPERATIONS/LOCATIONS/VEHICL ES/ EXCLUSIONS ADDED BYENDORSEMI ✓NT/SPFCiar PPnvrcr nNc Certificate holder is recognized as an additional insured with respects to General Liability coverage. CERTIFICATE HOLDER City of Denton, Texas 901--B Texas Street Denton, TX 76209 ACORD 25(2001/08) 7, 'd F60y'0N CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. -ZO AUTHORIZED REPRESENTATIVE TION 1988 3SAOH 3ONV80SN I NMI 60OZ ' ZZ' unr