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RFQ for City Legal ServicesTHE CITY OF SCHERTZ, TEXAS REQUEST FOR QUALIFICATIONS (RFQ) for CITY LEGAL SERVICES #13- CC- 38 -M -01 September 20, 2013 SSCCH URTZ COMMUNITY,, SERVICE, OPPORTUNITY 1400 SCHERTZ PARKWAY, SCHERTZ, TEXAS 78154 CITY OF SCHERTZ Request for Qualifications The City of Schertz is accepting sealed proposals for "CITY LEGAL SERVICES ". Sealed proposals should be received by the Purchasing Director of the City located at 10 Commercial Place, Building #1, Schertz, Texas 78154 by 10:00 a.m. (Central Time) on October 7, 2013 via hand delivery. * *No fax or E -mail bids will be accepted. Sealed Proposals must be submitted with one (1) original and eight (8) copies, and one (1) electronic (CD or USB) copy, and be clearly marked in a sealed envelope as "CITY LEGAL SERVICES. #13- CC- 38- M -01." All Requests for qualifications must be in the City of Schertz's possession on or before the scheduled date and time. Respondents receiving a "REQUEST FOR QUALIFICATIONS ", notice in the mail, or reading the announcement in the newspaper are advised that the RFQ documents can be downloaded from the City of Schertz web page address www.schertz.com, or may be obtained by contacting Purchasing and Asset Management, 10 Commercial Place, Schertz, TX 78154 or by calling the Department at (210) 619 -1160. Be advised that if your company downloaded the documents from the web page and is contemplating on responding to this RFQ you MUST register as a vendor with the Purchasing and Asset Management Department, so that any changes /additions via Addendum form can be forwarded to your company. (Register with the Purchasing & Asset Management Department by phone, fax, or e-mail. Vendor registration form can be found at www.schertz.com, Departments, Purchasing, Open Bids. Please include your company name, address, phone and fax number, as well as, contact person). Any questions in reference to the scope of work on this project may be directed to Rita Duprat - Waldo, Director of Purchasing & Asset Management at (210) 619 -1160. The City shall evaluate the Request for Qualifications on the basis of the factors identified within the attached request for Request for Qualifications solicitation. The City of Schertz reserves the right to refuse and reject any or all responses, and to waive any or all formalities or technicalities, and to accept the RFQ to be the best and most advantageous to the City, and hold the responses for a period of 120 days without taking action. Respondents are required to hold their Proposal /RFQ's firm for same period of time. Hand - deliver Bids: Purchasing & Asset Management Department, 10 Commercial Place, Bldg # 1, Schertz, TX 78154 If using Land Courier (i.e., FedEx, UPS): Purchasing & Asset Management Department, 10 Commercial Place, Bldg. #1, Schertz, Texas 78154. Envelopes must be clearly marked: "PROJECT # 13- CC- 38 -M -01, CITY LEGAL SERVICES" CITY OF SCHERTZ INSTRUCTIONS TO RESPONDENTS DEVIATION FROM SPECIFICATION /REQUIREMENTS Please read the requirements thoroughly and be sure that your RFQ /Proposal complies with all requirements /specifications noted. Any variation from the solicitation requirements /specifications must be clearly indicated by letter, on a point by point basis, attached to and made a part of your RFQ. If no exceptions are noted, and you are the successful respondent, the City of Schertz will require that the service(s) be provided as specified. PURPOSE: The purpose of these specifications /requirements and an RFQ document is to award a service agreement for: CITY LEGAL SERVICES INTENT: The services to be provided under this RFQ /Proposal shall be in accordance with and shall meet all specifications and /or requirements as shown in this solicitation for Request for Qualification (RFQ). There is no intention to disqualify any respondent who can meet the requirements. SUBMITTAL OF RFQ RFQs shall be submitted in sealed envelopes as referenced on the attached solicitation. Nine (9) complete sets and (1) CD or USB of the response are to be submitted. (One (1) original marked "ORIGINAL," and eight (8) copies marked "COPY 1, COPY 2, etc. etc..." of their response, complete with all supporting documentation.) RFQs submitted by facsimile (fax) or electronically WILL NOT be accepted. Submittal of a response to this Request for Qualification (RFQ) constitutes an offer by the respondent. Once submitted, RFQs become the property of the City of Schertz and as such the City reserves the right to use any ideas contained in any proposal regardless of whether that respondent/firm is selected. Submission of a proposal in response to this solicitation, by any respondent, shall indicate that the respondent(s) has accepted the conditions contained in the RFQ, unless clearly and specifically noted in the RFQ submitted and confirmed in the contract between the City and the successful respondent. RFQs which do not comply with these requirements may be rejected at the option of the City. RFQs must be filed with the City of Schertz before the deadline day and hour. No late RFQs will be accepted. They will be returned to respondent unopened (if properly identified). Failure to meet RFQ requirements may be grounds for disqualification and ruled "non- responsive". Hand - deliver RFQs: Purchasing & Asset Management Department, 10 Commercial Place, Building #1, Schertz, TX 78154 If using Land Courier (i.e., FedEx, UPS): Purchasing & Asset Management Department, 10 Commercial Place, Building #1, Schertz, Texas 78154. Couriers may call 210 -619 -1160 for delivery instructions. INSTRUCTIONS TO RESPONDENTS: ASSIGNMENT: Respondent's are advised that the City of Schertz shall not allow the successful respondent to sell, assign, transfer, or convey any part of any contract resulting from this RFQs in whole or in part, to a third party without the written approval of the Purchasing and Asset Management Department of the City of Schertz. PREPARATION OF RFQ's' Proposals MUST give full firm name and address of respondent, and be manually signed. Failure to do so will disqualify your proposal. Person signing proposal must show title or AUTHORITY TO BIND HIS /HER FIRM IN A CONTRACT. Firm name and authorized signature must appear on each page that calls for this information. The legal status of the Respondent/Bidder whether corporation, partnership, or individual, shall also be stated in the proposal. A corporation shall execute the proposal by its duly authorized officers in accordance with its corporate by -laws and shall also list the state in which it is incorporated. A partnership Respondent/Bidder shall give full names and addresses of all partners. All partners shall execute the proposal. Partnership and Individual Respondent/Bidder shall state in the proposal the names and addresses of all persons with a vested interest therein. The place of residence of each respondent/ Bidder, or the office address in the case of a firm or company, with county and state and telephone number, shall be given after the signature. Any costs associated with assembling this proposal will be at the sole expense of the respondent. STATE SALES TAX MUST NOT BE INCLUDED IN RFQIPROPOSAL /BID TIME ALLOWED FOR ACTION TAKEN: The City of Schertz may hold RFQ /Proposals 120 days after proposal deadline without taking action. Respondents are required to hold their RFQ /Proposals firm for same period of time. RIGHT TO REJECT /AWARD: The City of Schertz reserves the right to reject any or all RFQs, to waive any or all formalities or technicalities, and to make such awards of contract as may be deemed to be the best and most advantageous to the City of Schertz. AWARD: Respondents are advised that the City of Schertz is soliciting Request for Qualifications in compliance with Local Government Code 252, "Purchasing and Contracting Authority of Municipalities," and award shall be made to the respondent that in the opinion of the City of Schertz is the best qualified. STATUTORY REQUIREMENTS: It shall be the responsibility of the successful respondent to comply with all applicable State & Federal laws, Municipal Ordinances, and the Rules and Regulations of all authorities having jurisdiction over the work being performed. These rules and regulations shall apply to the entire contract, and that they are considered to be included in the contract as though written out in full in the contract documents. ALTERATIONS /AMENDMENTS TO RFQ: RFQ's CANNOT be altered or amended after opening deadline. Alterations made before opening time must be initialed by respondent guaranteeing authenticity. No RFQ may be withdrawn after opening time without acceptable reason in writing and only after approval by the City of Schertz. NO RESPONSE TO RFQ: If unable to submit an RFQ, respondent should return a negative response specifying reasons. LIST OF EXCEPTIONS: The respondent shall attach to his /her RFQ a list of any exceptions to the specifications /requirements, on a point by point basis. SYNONYM: Wherein the term "RFQ SERVICES" is used, its meaning shall refer to the request for RFQ —City Legal Services as specified. INDEMNIFICATION CLAUSE: The respondent hereby agrees to protect, defend, indemnify and hold the City and its employees, agents, officers and servants free and harmless from all losses, claims, liens, demands and causes of action of every kind and character including, but not limited to, the amounts of judgments, penalties, interests, court costs, legal fees, and all other expenses incurred by the City arising in favor of any party, including claims, liens, debts, personal injuries, including employees of the City, death or damages to property (including property of the City) and without limitation by enumeration, all other claims or demands of every character occurring or in any ways incident to, in connection with or arising directly or indirectly out of this contract. Respondent agrees to investigate, handle, respond to, provide defense for and defend any such claims, demand, or suit at the sole expense of the respondent. In addition, the respondent protect, defend, indemnify and hold the City and its employees, agents, officers and servants free and harmless from all losses, claims, liens, demands and causes of action relating to, for, or on account of the use of patented appliances, products or processes, and he shall pay all royalties and charges which are legal and equitable. Evidence of such payment or satisfaction shall be submitted upon request of the Director of Purchasing and Asset Management as a necessary requirement in connection with the final estimate for payment in which such patented appliance, products or processes are used. Respondent also agrees to bear all other costs and expenses related thereto, even if the claim or claims alleged are groundless, false or fraudulent. This provision is not intended to create any cause of action in favor of any third party against respondent or the City or to enlarge in any way the respondent's liability but is intended solely to provide for indemnification of the City from liability from damages or injuries to third persons or property arising from respondent's performance hereunder. INTERPRETATIONS: Any questions concerning the project and /or specifications /requirements with regards to this solicitation for statement(s) of qualifications shall be directed to the designated individuals as outlined in the RFQ. Such interpretations, which may affect the eventual outcome of this request for Request for qualifications, shall be furnished in writing to all prospective Respondents via Addendum. No interpretation shall be considered binding unless provided in writing by the City of Schertz in accordance with paragraph entitled "Addenda and Modifications ". RESPONDENT'S EMPLOYEES: Neither the Respondent nor his /her employees engaged in fulfilling the terms and conditions of this Service Contract shall be employees of the City. The method and manner of performance of such undertakings shall be under the exclusive control of the vendor on contract. The City shall have the right of inspection of said undertakings at any time. HUB CERTIFICATION: State Certified "HUB Vendor(s) are required to provide a copy of their certification, if they have not previously done so. Information is to be faxed to the Purchasing & Asset Management Department at 210 -619 -1169. VERBAL THREATS: Any threats made to any employee of the City, be it verbal or written, to discontinue the providing of item /material /services for whatever reason and /or reasons shall be considered a breach of contract and the City will immediately sever the contract with the vendor. CONFIDENTIAL INFORMATION: Any information deemed to be confidential by the respondent should be clearly annotated on the pages where confidential information is contained. The City cannot guarantee that it will not be required to disclose all or part of any public record under Texas Public Information Act, since information deemed to be confidential by the bidder may not be confidential under Texas Law or pursuant to a Court order. RIGHT TO AUDIT: The City of Schertz reserves the right to audit the vendor's books and records relating to the performance of this contract. The City of Schertz, at its own expense, shall have the right at all reasonable times during normal business hours and upon at least twenty -four (24) hours' advance notice, to audit, to examine, and to make copies of or extracts from the books of account and records maintained by the vendor(s) with respect to the Service and /or Contract. If such audit shall disclose overpayment by City to vendor, written notice of such overpayment shall be provided to the vendor and the amount of the overpayment shall be promptly reimbursed to the City. In the event any such overpayment is not paid within ten (10) business days after receipt of such notice, the unpaid amount of such overpayment shall bear interest at the rate of one percent (1 %) per month from the date of such notice until paid. PAST PERFORMANCE: Respondents past performance shall be taken into consideration in the evaluation of Request for Qualification submittal. JURISDICTION: Contract(s) executed as part of this solicitation shall be subject to and governed under the laws of the State of Texas. Any and all obligations and payments are due and performable and payable in Guadalupe County, Texas. VENUE: The parties agree that venue for purposes of any and all lawsuits, cause of action, arbitration, and /or any other dispute(s) shall be in Guadalupe County, Texas. CONFLICT OF INTEREST: Effective January 1, 2006, Chapter 176 of the Texas Local Government Code requires that any vendor or person considering doing business with a local government entity disclose in the Questionnaire Form CIQ, the vendor or person's affiliation or business relationship that might cause a conflict of interest with a local government entity. This questionnaire must be filed, by law, with the City Secretary of the City of Schertz not later than the 7th business day after the date the person becomes aware of facts that require the statement 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. For more information or to obtain Questionnaire CIQ go to the Texas Ethics Commission web page at www.ethics.state.tx.us/forms/CIQ.pd . IF YOU HAVE ANY QUESTIONS ABOUT COMPLIANCE, PLEASE CONSULT YOUR OWN LEGAL COUNSEL. COMPLIANCE IS THE INDIVIDUAL RESPONSIBILITY OF EACH PERSON OR AGENT OF A PERSON WHO IS SUBJECT TO THE FILING REQUIREMENT. AN OFFENSE UNDER CHAPTER 176 IS A CLASS "Cl, MISDEMEANOR. CONFIDENTIALITY OF INFORMATION AND SECURITY: Should the successful respondent be awarded a contract and become the holder of and have access to confidential information (in the process of fulfilling its responsibilities in connection with the contract), the successful respondent agrees that it shall keep such information confidential and will comply fully with the laws and regulations of the State of Texas, ordinances and regulations of the City, and any applicable federal laws and regulations relating to confidentiality. TERMINATION OF CONTRACT: The City of Schertz reserves the right to terminate the contract at the pleasure of the City Council. SUBSTITUTIONS /CANCELLATIONS OF PROPOSAL: No substitutions or cancellations are permitted without written approval of City of Schertz. TIME ALLOWED FOR EXECUTION OF CONTRACT: Number of days required for the successful respondent to execute a contract for "City Legal Services" after receiving notification of award of contract shall be thirty (30) days. HOLD HARMLESS CLAUSE: The respondent agrees to indemnify and hold harmless the City of Schertz, all elected officials, officers, employees, attorneys, agents, and legal representatives of the City, the Director of Purchasing and Asset Management, and his /her assistants, from all suits and actions of every nature and description brought against them or any of them, for, or on account of, the manner in which the successful respondent is utilizing in the performance and /or non - performance of services being rendered in response /executed contract for City Legal Services. MATHEMATICAL ERRORS: In the event that mathematical errors exist in any proposal unit prices shall govern. PERSONNEL: The successful respondent shall ensure that the work being performed in response to an executed agreement shall be performed by competent and qualified personnel. Such personnel shall be licensed and /or authorized to perform Legal Services according to the Texas State Bar Association and the State of Texas. CONTRACT TERM: Contract period shall be determined by the City Council as part of the selection process. CITY OF SCHERTZ REQUEST FOR REQUEST FOR QUALIFICATIONS I. Purpose The City of Schertz, Texas, is seeking to hire legal counsel to perform activities of a City Attorney. The City is seeking Request for Qualifications from law firms with adequate personnel and data processing capabilities to properly support, represent, and advise the City of Schertz municipal government's leadership on legal matters that may impact the city. The successful respondent must be well- versed in state law governing the creation of statutes and the operation of municipal governments. Additionally, the city attorney must know human resources, open meetings, open records, contracts, tax and criminal law. Since city attorneys must give advice on a wide range of legal topics, they should be skilled in legal research and communicating complex information in understandable ways. Questions in reference to Request for Proposal procedures may be directed to the Purchasing Department, 210- 619 -1160, questions in reference to the technical aspects of the proposal may be directed to John Kessel, City Manager at 210 - 619 -1015. All documents, including Addendums to this proposal, will be placed on the City's website at www.schertz.com , City Services, Purchasing, Open Bids. The City reserves the right to reject any or all proposals and to select the response deemed in the best interest of the City from among those received. Late submissions will not be opened and will be returned to the sender. IL SCOPE OF CITY LEGAL SERVICES The legal services under consideration in this Request for Qualifications involve (but are not limited to): • Providing legal guidance on general municipal law, human resources law, general state and federal law relating to municipal government, land development law, economic development law, property /real estate law, contract law, franchise law, and other areas of law deemed pertinent. • Legal activity relating to general obligation bonds, revenue bonds, tax increment bonds, tax exempt bonds, and other bonding and financial processes • Providing a variety of proactive, high - quality and timely legal opinions and /or advice to the City Council and City staff. • Attending regular meetings of the City Council and occasional special - called meetings, including Economic Development Corporation, Planning & Zoning Commission, and other Boards and Commission meetings, as needed. • Being intimately familiar with the City's Charter, Code of Ordinances, applicable State and Federal laws, and other applicable documents (such as the City Personnel Policies and Procedures, Uniform Development Code, and similar codes). • Representing the City as City Attorney in legal matters. • Developing alternative approaches to resolving legal problems. • Reviewing and occasionally drafting ordinances, resolutions, charter changes, and other documents as requested by the City Council, City Manager, or assigned staff. • Reviewing and making recommendations on a variety of projects and proposals which have legal ramifications. • Maintaining an appropriate relationship with professional organizations in the field of municipal legal services. • Staying abreast and informing the City of new or proposed State and Federal legislation and legal decisions affecting the City. • Providing proactive legal counsel of issues pertaining to personnel policies and procedures and provide counsel in all compliance employment matters such as, but not limited to, EEOC, FLSA, and FMLA requirements. • Advise the City on State and Federal Election Laws and administration of elections for the City. • Knowledge of land use laws and related development standards and the ability of the City to implement and administer such laws and standards in conformance with State requirements and the City Council's desire to improve such land use planning. • Knowledge of Texas Public Information and Open Meeting Laws. • Knowledge of laws and experiences related to Economic Development Corporations, including experience in applying Chapter 380 provisions to economic development. • Knowledge of laws and experience in working with special districts. Knowledge of laws and experience in working with Hotel Occupancy Taxes. • Knowledge of other municipal laws and regulations. III. REQUIRED CONTENT FOR PROPOSALS A. General Information Respondents are encouraged to submit concise, clear responses to this solicitation. Responses of excessive length and /or complexity are discouraged. Each RFQ must address, but not be limited to, the following requested information. Proposals that do not include the required information may be deemed non - responsive and may not be considered for contract award. Respondents are encouraged to be specific about the firms' expertise as it relates to the request for Request for Qualifications. All documents and information must be complete and bear proper signature(s) of binding parties. 1. Name of firm, owner or Board of Directors, address and telephone number. 2. Personnel Qualifications: Identify the key attorney who will serve in the position of City Attorney; provide their resume and summarize their experience. Provide the same for other attorneys (if any) in the firm who may assist with the provision of services. 3. Specialized Legal Services Competence: Provide information about the attorney and firm's experience in providing legal services to municipal organizations. Provide at least two references from these organizations including names, contact persons and phone numbers. 4. Capacity and Capability: Provide information about the attorney and firm's capacity and capability to perform on short notice and in a timely manner. If the appointed City Attorney is not available, what are alternate means of responding to requests? 5. Approach to Communicating with the City: Describe the attorney and firm's approach to communicating with the City in regard to progress reports, status reports, recommendations, status of opinions, etc. 6. Understanding of Services to be provided: Describe the attorney or firms, understanding of the scope of work. 7. Work Schedule and Approach to Project Management: Provide a plan for service delivery, and an explanation of how tasks and projects are managed within the firm to insure timely response and completion. 8. Conflict of Interest: The attorney or firm, by submitting a proposal, certifies that to the best of its knowledge or belief, no elected or appointed official of the City is financially interested, directly or indirectly, in their firm or in the purchase of services as described in this RFQ. They also certify that the information contained in the Statement of Qualifications is correct and complete to the best of their knowledge. B. Knowledge and Experience - Provide information demonstrating the knowledge and experience of the primary attorney that will be assigned to the City of Schertz, including the firm's representation of other government agencies, boards, and commissions in the region. C. Specialized Issues and /or Areas of Unique Interest - Any areas of specialty that may relate to municipal law may be outlined in this section. Any areas of unique interest not otherwise requested that the City of Schertz would benefit from knowing about your firm. D. Fees - Identify in your proposal the amount your firm proposes to charge for legal services. Please note that the City of Schertz is requesting fees to be submitted with two options: Options "A ": retainer plus hourly fees and Option "B" hourly fees for all work without a retainer. OPTION "A" — RETAINER + HOURLY FEES: RETAINER — Please quote a retainer fee to be charged for general governmental services and outline the items to be covered by the retainer. Also state separately the rate for any other cost items proposed to be itemized and billed. Clearly outline "retainer" items that your firm would provide as part of the retainer duties. Please be specific. HOURLY BILLING — Please quote the dollar amount of fixed and /or hourly fees and costs your firm will charge for providing legal services to the City of Schertz covered by your proposal that fall outside the duties covered by the Retainer. For the hourly fees portion of your proposal, please identify the hourly rate of each attorney and support personnel. Identify the minimum increment of time billed for each service, e.g. phone calls, correspondence, personal conference. OPTION "B" — HOURLY FEES ONLY: HOURLY BILLING — Please quote the dollar amount of fixed and /or hourly fees and costs your firm will charge for providing legal services to the City of Schertz covered by your proposal. For the hourly fees portion of your proposal, please identify the hourly rate of each attorney and support personnel. Identify the minimum increment of time billed for each service, e.g. phone calls, correspondence, personal conference. Also state separately the rate for any other cost items proposed to be itemized and billed (i.e. photocopying, Westlaw, or Lexis fees, other overhead factor, etc.). The City requires detailed monthly billing statements that shall include but are not limited to the following items: • Itemize the date of services • Identify the attorney and /or support personnel providing the services. • List the time spent for each service or activity by approved increments of an hour. • Provide a detailed description of the services performed. • State the fees for those services. • Organize billing for general corporate work by department, type of services, and /or project in order to enhance the tracking and management of hourly services. • Itemize all associated costs and expenses related to the services performed. IV. EVALUATION PROCESS After the deadline for receipt of RFQs, an evaluation committee named by the City Council will review all proposals utilizing the evaluation criteria noted below. The Mayor and City Council reserve the right to have an outside Consultant review all proposals and make recommendations to the City. V. SELECTION PROCESS Based on the Evaluation Committee or outside Consultant's review, it is expected that several firms may be short- listed for further consideration, and may be required to submit supplemental information. Additionally, after review of the findings of the committee or the outside consultant submitted to the City Manager, firms may be required to make a formal public presentation before the Selection Committee comprised of the Mayor and City Council. VI. EVALUATION CRITERIA The following criteria and weight factors will generally be used to evaluate the RFQ: 1. Capability to perform all of services required by this RFQ, including technical capability. (0 -20 points) 2. Reputation for personal and professional integrity and competence and knowledge with regard to the services required by this RFQ.(0 -20 points) 3. Key personnel's professional background, caliber, and experience in providing the services required by this RFQ. (0 -20 points) 4. Current workload and ability to meet schedules or deadlines. (0 -20 points) 5. Service rate structure. (0 -20 points) V. CONTRACT AWARD The City does not guarantee that a contract (or contracts) will be awarded as a result of the RFQ. In the event that a contract award is made, but the contract is not executed, the City does not guarantee that the contract will be re- awarded. VI. RESPONSE DEADLINE Responses to the RFQ must be addressed to John Kessel, City Manager, City of Schertz and received at the Purchasing and Asset Management Department, 10 Commercial Place, Building #1, Schertz, TX 78154, by 10:00 a.m., October 7, 2013 for consideration. All submittals must be complete per the submittal requirements and must be submitted no later than this date and time in a sealed envelope or box indicating that its contents are in response to the Request for Statement(s) of Qualification Request, please refer to Notice for labeling instructions. RFQs will be accepted in person, by United States Mail, or by private courier service. No RFQs will be accepted by oral communication, telephone, electronic mail, telegraphic transmission, or facsimile transmission. RFQs may be withdrawn prior to the above scheduled time set for closing. Alterations made before RFQ closing must be initiated by respondents guaranteeing authenticity. Hand - deliver Bids: Purchasing & Asset Management Department, 10 Commercial Place, Building #1, Schertz, TX 78154 If using Land Courier (i.e., FedEx, UPS): Purchasing & Asset Management Department, 10 Commercial Place, Building #1, Schertz, TX 78154 Courier's may call 210 - 619 -1160 for delivery instructions. There is no expressed or implied obligation on the part of the City of Schertz to reimburse responding firms for any expenses incurred in preparing Request for qualifications in response to the request. VII. CLARIFICATION OF REQUIREMENTS All requests for additional information or clarification concerning this RFQ must be submitted, in writing, no later than five (5) business days prior to the RFQ closing date and addressed to: Rita Duprat - Waldo, Director of Purchasing & Asset Management 10 Commercial Place, Bldg. #1 Schertz, TX 78154 Email: Purchasing @schertz.com Fax (210) 619 -1169 VIII. ADDENDA AND MODIFICATIONS Any changes, additions, or clarifications to the RFQ are made by amendments (addenda). Any respondent in doubt as to the true meaning of any part of the RFQ or other documents may request an interpretation from the Purchasing and Asset Management Department. At the request of the respondent, or in the event the Purchasing and Asset Management Department deems the interpretation to be substantive, the interpretation will be made by written addendum issued by the Purchasing and Asset Management Department. Such addendum will be mailed by to all respondents receiving the original RFQ and will become part of the RFQ package having the same binding effect as provisions of the original RFQ. It shall be the respondent(s) responsibility to ensure that they have received all Addenda in respect to this project. Furthermore, respondents are advised that they must recognize, comply with, and attach a signed copy of each Addendum which shall be made part of their Submittal. Respondent(s) signature on Addenda shall be interpreted as the respondent's "recognition and compliance to" official changes as outlined by the City of Schertz and as such are made part of the original RFQ documents. Failure of any respondent to receive any such addendum or interpretation shall not relieve such Respondent from its terms and requirements. Addendums are available online at www.schertz.com, Departments, Purchasing, Open Bids. No verbal explanations or interpretations will be binding. In order to have a request for interpretation considered, the request must be submitted in writing and must be received by the City of Schertz Purchasing and Asset Management Department no later than five (5) days prior to the RFQ closing date. The City does not assume responsibility for the receipt of any addendum sent to respondents. IX. RFQ PREPARATION COSTS Issuance of this RFQ does not commit the City of Schertz, in any way, to pay any costs incurred in the preparation and submission of an RFQ. All costs related to the preparation and submission of this RFQ shall be borne by the respondent. XIII. INSURANCE REQUIREMENTS: The Certificate of Insurance should be addressed to the Risk Manager, City of Schertz, 10 Commercial Place, Building #1, Schertz, TX 78154, and should reference the operation. All Certificates of insurance shall be received and approved by the City Risk Manager and /or his /her designated representative prior to the commencement of any work. In the event the insurance coverage expires prior to the completion of this contract, a renewal certificate shall be issued thirty (30) days prior to the expiration date. The City must be notified at least thirty (30) days prior to any material change in and /or cancellation and /or non - renewals of such policies. During the term of the Agreement, the successful respondent/firm shall acquire and maintain, for the duration of the contract period the following insurances: 1. Professional Liability Insurance: coverage of at least $1,000,000 on a "Claims Made Basis ". This coverage shall remain in effect for a two (2) year period following the expiration of the contract with the City. This policy of insurance shall be considered primary to and not contributing with any insurance maintained by the City of Schertz. 2. Comprehensive Commercial General Liability: The Respondent/Selected Firm shall provide minimum limits of $1,000,000 each occurrence, $1,000,000 annual aggregate combined single limit for bodily injury and property damage liability. This shall include premises /operations, independent contractors, products, completed operations, broad form property damage, personal and advertising injury, and contractual liability, specifically confirming and insuring the indemnification and hold harmless clause of the contract. This policy of insurance shall be considered primary to and not contributing with any insurance maintained by the City of Schertz and shall name the City of Schertz as an additional insured. The policy of insurance shall be written on an "occurrence" form. 3. Business Automobile Liability: The Respondent/Selected Firm shall maintain limits of no less than $1,000,000 combined single limit per occurrence for bodily injury and property damage. Bodily Injury ......................... $1,000,000 Personal Injury Protection Hired /Non -Owned Property Damage .....................$500,000 This policy of insurance shall be considered primary to and not contributing with any insurance maintained by the City of Schertz and shall name the City of Schertz as an additional insured. 4. Umbrella /Excess Liability: Respondent/Selected Firm shall provide umbrella /excess coverage with limits of no less than $1,000,000 excess of Commercial General Liability, Employer's Liability and Auto Liability. 5. Workers Compensation: The Respondent/Selected Firm shall provide and maintain workers compensation insurance for all employees in the full amount required by statute and full compliance with the applicable laws of the State of Texas. Employer's Liability insurance shall be provided in amounts not less than $1,000,000 per accident for bodily injury by accident; $1,000,000 policy limit by disease; and $1,000,000 per employee for bodily injury by disease. In addition, the contractor for Worker's Compensation Insurance shall provide a Waiver of Subrogation Endorsement. Contractor shall further insure that all of its subcontractors maintain appropriate levels of Workers Compensation insurance. 6. Other Insurance Provisions: The City of Schertz is to be specifically included on all certificates of insurance (with exception to Workers Compensation) as additional insured. In addition, a Waiver of Subrogation Endorsement shall be provided by the Respondent/Selected Firm in said policy on all certificates of insurance. 7. Deductible Clause: Respondent/Selected Firm must declare self- insured retention or deductible amounts. All insurance carriers shall be published on A.M. Best Rating Guide. Unless otherwise specified, it shall be the responsibility of the contractor to insure that all subcontractors comply with the same insurance requirements spelled out above. The City may request a copy of the insurance policy according to the nature of the project. City reserves the right to accept or reject the insurance carrier. All Certificates of Insurance shall be provided on the Accord Form 25. All insurance requirements are imposed and must be complied with by any and all sub - contractors, and /or lower -tier sub - contractors. X. EQUAL EMPLOYMENT OPPORTUNITY Respondent agrees that it will not discriminate in hiring, promotion, treatment, or other terms and conditions of employment based on race, sex, national origin, age, disability, or in any way violate Title VII of 1964 Civil Rights Act and Amendments, except as permitted by said laws. XI. ANTI - LOBBYING PROVISION During the period between RFQ submission date and the contract award, respondents, including their agents and representatives, shall not directly discuss or promote their RFQ with any member of the Schertz Council or City staff except in the course of City- sponsored inquiries, briefings, interviews, or presentations. Violation of this provision may result in the rejection of the respondent's RFQ. THE CITY OF SCHERTZ RESERVES THE RIGHT TO REFUSE AND REJECT ANY OR ALL RFQ'S, AND TO WAIVE ANY OR ALL FORMALITIES OR TECHNICALITIES, AND TO MAKE SUCH AWARDS OF CONTRACT AS MAY BE DEEMED TO BE THE BEST AND MOST ADVANTAGEOUS TO THE CITY OF SCHERTZ.