RFQ – Concept Design Services for Renovation of DHA Properties

RFQ – Concept Design Services for Renovation of DHA Properties

REQUEST FOR QUALIFICATIONS

FOR

Civil Engineering Services

(RFQ-2026-25)

DHA Procurement Department 3939 N. Hampton Road Dallas, Texas 75212

RFQ – Civil Engineering Services

REQUEST FOR QUALIFICATIONS

Civil Engineering Services

(RFQ-2026-25)

DHA Housing Solutions for North Texas (“DHA”) is soliciting Statements of Qualifications from qualified civil engineering firms or teams to provide on-call professional civil engineering services for DHA development, redevelopment, rehabilitation, infrastructure, and capital improvement projects.

Qualification submission documents for this RFQ may be downloaded from DHA’s Website: https://dhantx.bonfirehub.com/portal/?tab=openOpportunities beginning July 23, 2026.

Qualifications to this RFQ must be submitted to DHA electronically through the online portal at Website: https://dhantx.bonfirehub.com/portal/?tab=openOpportunities by 2:00 p.m. Central Time on August 20, 2026. Mailed or delivered responses including Facsimile transmission and emails will not be accepted.

For more information, call Kenneth Duke (214) 915-8452 between the hours of 8:00 a.m. to 5:30 p.m. Monday through Thursday and 8:00 a.m. to 12:00 p.m. on Friday. Questions can be submitted through the online portal at Website: https://dhantx.bonfirehub.com/portal/?tab=openOpportunities.

DHA RESERVES THE RIGHT TO REJECT ANY AND ALL PROPOSALS OR TO WAIVE ANY INFORMALITIES IN THE PROPOSALS. DHA WILL NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, RELIGION, SEX, DISABILITY, FAMILIAL STATUS, OR AGE. EQUAL HOUSING OPPORTUNITY.

REQUEST FOR QUALIFICATIONS

Civil Engineering Services

(RFQ-2026-25)

Table of Contents

i) CERT OF COMPLIANCE TX GOVT CODE 2271 & 2274……………………………………………………………………….63

Request for Qualifications For Civil Engineering Services

(RFQ-2026-25)

I. INTRODUCTION

DHA Housing Solutions for North Texas (“DHA”) is soliciting Statements of Qualifications from qualified civil engineering firms or teams to provide on-call professional civil engineering services for DHA development, redevelopment, rehabilitation, infrastructure, and capital improvement projects.

DHA intends to select one or more highly qualified firms with demonstrated experience in civil engineering for multifamily housing, public-sector, mixed-finance, and urban redevelopment projects. Services may be required at multiple DHA properties and may range from early feasibility and due diligence through design, permitting, bidding, construction administration, and project closeout.

This procurement will be conducted in accordance with federal procurement regulations applicable to public housing authorities and DHA policies.

II. PROJECT OVERVIEW SCOPE OF WORK

DHA anticipates using the resulting agreement for a variety of civil engineering assignments that may include new construction, redevelopment, rehabilitation, site improvements, infrastructure upgrades, utility work, drainage improvements, accessibility improvements, and related development support.

Typical project needs may include, but are not limited to:

• Boundary, topographic, and existing-conditions coordination

• Site feasibility and due diligence

• Conceptual site planning and civil engineering studies

• Grading, drainage, and stormwater management

• Water, wastewater, fire line, and utility coordination

• Paving, parking, sidewalks, and accessible routes

• Erosion control and stormwater pollution prevention requirements

• Site demolition and civil phasing plans

• Plat, zoning, development, and permitting support

• Coordination with the City of Dallas and other applicable jurisdictions and utility providers

• Construction documents, technical specifications, and opinion-of-probable-cost support

• Bidding assistance and construction administration The resulting professional services agreement is anticipated to be structured as an on-call or master agreement with individual Task Orders. Each Task Order will establish a specific scope of services, schedule, and negotiated not-to-exceed fee. DHA may authorize work incrementally based on project needs, funding availability, development phasing, and required approvals.

Note: DHA anticipates that the first Task Order issued under the resulting agreement will be for civil engineering services associated with the initial development of approximately 366 units on approximately 7acres.

SCOPE OF SERVICES

The selected firm(s) shall provide professional civil engineering services as assigned by DHA through individual Task Orders. The exact scope for each assignment will be established by the applicable Task Order.

Services may include, but are not limited to, the following:

A. Pre-Development / Due Diligence

B. Civil Design

C. Permitting & Agency Coordination

D. Bidding and Construction Phase Services

E. Additional / Specialized Civil Engineering Services

The civil engineer shall not be responsible for construction means, methods, sequencing, safety, or contractor supervision, except to the extent specifically stated in an individual Task Order.

IV. MULTI-PROJECT / TASK ORDER DELIVERY

The selected firm(s) shall be prepared to:

Prime Consultant Requirement: Respondents must have the in-house capability to perform the core civil engineering services identified in this RFQ. DHA will not accept a teaming structure in which the primary civil engineering scope is subcontracted to another firm.

Participation by Minority and Women-Owned Businesses It is the policy and practice of DHA to maximize the meaningful participation of minority and women owned businesses in the procurement of goods and services. DHA strongly encourages all Proposers to develop creative responses to this RFP which make use of joint ventures, partnerships, and other "team" approaches to the delivery of the services being offered in this RFP. DHA places a high value on the Proposer's approach to maximizing the meaningful participation of women and minority businesses. The proposal should explain in detail how any proposed team approach, partnership, and/or joint venture will be structured, what the proposed distribution of work and fee will be, and what the specific roles and work tasks of each partner will be. DHA reserves the right to require documentation supporting claimed minority and/or women-owned business enterprise status.

Section 3 Participation Section 3 is a Housing and Urban Development (HUD) requirement that helps create employment for low-income persons. It provides contracting opportunities for businesses that are owned by residents or companies that provide jobs and other economic opportunities to low-income persons, particularly public housing residents. Section 3 is a means by which HUD fosters local economic development, neighborhood economic development and improvement and individual self-sufficiency. Under Section 3 of the HUD Act of 1968, wherever HUD financial assistance is given for housing and community development, to the greatest extent feasible, economic opportunities will be given to residents and businesses in the area. This assistance includes job training, employment and contracts. Firms are encouraged to assemble a team that hires, to the extent possible, DHA residents or other eligible persons for within the community.

Part III: QUALIFICATION/PROPOSAL SUBMISSION PROCEDURES Qualifications/Proposals shall be submitted no later than 2:00 p.m., August 20, 2026 at https://dhantx.bonfirehub.com/portal/?tab=openOpportunities.

Questions

Questions regarding this RFQ may be submitted via https://dhantx.bonfirehub.com/portal/?tab=openOpportunities . The deadline for receipt of questions is 2:00 PM, August 12, 2026. Questions received after this date and time will not be considered. Answers to all timely received questions will be posted on the DHA website no later than August 17, 2026. Only questions answered in writing by DHA will be binding.

Evaluation Process A selection committee composed of DHA staff will review the qualifications/proposals in accordance with this RFQ. The selection committee may at its discretion request oral interviews with the qualified firms to discuss specific aspects of their qualifications and proposals.

Part IV: QUALIFICATION/PROPOSAL REQUIREMENTS Interested firms should submit the following information for consideration:

1) A letter of interest and a demonstration of the firm’s understanding of the scope of the work.

2) Resumes of personnel to be assigned to include names, office locations, education, certification, registration and years of experience. Specify names of Principal In Charge and Project Manager.

3) Profile of the firm’s facilities and equipment.

4) At least five client references with phone numbers where similar services were provided and work completed within the last five years.

5) Capability to provide professional services in a timely manner.

6) Past performance, of similar projects, in terms of cost control, quality of work and compliance with performance schedules.

7) A list of comparable projects that includes work accomplished, cost estimates and final construction costs.

8) Notarized certification statement that the submitting firm is not debarred, suspended or otherwise prohibited from professional practice by any Federal, State or local agency.

9) Completed and executed forms and certifications included in Attachment B. Please note, all forms must be completed, executed and submitted with the response package.

Part V: EVALUATION PROCESS AND SELECTION CRITERIA Statements of Qualifications will be evaluated using the following criteria as a measure of each respondent’s ability to successfully perform civil engineering services for DHA. Selection will be based on demonstrated competence and qualifications. Price or fee will not be requested or evaluated as part of the initial qualifications ranking.

DHA reserves the right to reject any or all submissions, waive informalities, request additional information from respondents, and award one or more contracts as deemed to be in the best interest of the agency. Each submittal will be assessed generally using the following evaluation criteria:

EXPERIENCE AND QUALIFICATIONS AS EVIDENCED BY:

1. Company background and history.

2. Relevant civil engineering experience with multifamily, public-sector, redevelopment, and infrastructure projects.

3. Client references and past performance.

4. Comparable project examples, including City of Dallas or similar municipal experience.

STRENGTH OF THE PROPOSED PROJECT TEAM AS EVIDENCED BY:

1. Qualifications and experience of the Principal-in-Charge, Project Manager, and key technical staff.

2. Professional registration and technical expertise relevant to anticipated assignments.

3. Organizational approach to project management, communication, workflow, and quality assurance / quality control.

4. Qualifications and integration of proposed subconsultants.

ABILITY TO SUCCESSFULLY COMPLETE THE PROJECT AS EVIDENCED BY:

1. Understanding of civil task sequencing, permitting, utility coordination, and major milestone events.

2. Adequacy of staff and resources to support multiple or accelerated assignments.

3. Knowledge of City of Dallas development, drainage, utility, paving, and permitting requirements.

4. Ability to meet schedules and provide timely responses.

5. Demonstrated coordination with architects, surveyors, geotechnical consultants, contractors, and public agencies.

RESPONSE CHARACTERISTICS

1. Adherence to the required format

2. Completeness of submittal

3. Notarized certification statement that the A/E firm is not debarred, suspended or otherwise prohibited from professional practice by any Federal, State or local agency.

Part VI: GENERAL CONDITIONS OF THE RFQ General Conditions

1. DHA reserves the right to accept or reject any and all Qualifications / Proposals submitted, either in whole or in part, with or without cause; to waive any informalities of any Proposal; to cancel this RFQ; and, to make the award in the interest of DHA.

1. DHA reserves the right to request additional information, if needed, from prospective contractors.

1. In the event that it becomes necessary for DHA to revise any part of this RFQ, revisions will be posted on DHA’s website.

1. All Proposals submitted in response to this RFQ will be considered public information and may be made available to the general public (including news media) unless confidential and / or proprietary information is submitted under separate cover and is clearly designated as such.

1. The Proposer shall provide a presentation and attend a pre-selection interview if requested to do so by DHA.

1. The Proposer affirms that he/she is of lawful age and that no other person, firm, partnership, or corporation has any interest in this submittal or in the contract proposed to be entered into.

1. The Proposer affirms that its Proposal is made without any understanding, agreement or connection with any other person, firm, partnership, or corporation making a submittal for the same purpose, and is in all respects fair and without collusion or fraud.

1. DHA may award one or more contracts for services under this RFQ.

1. The Proposer has carefully read the provisions, terms, and conditions of the proposal document and does hereby agree to be bound thereby.

1. DHA retains the right to negotiate with the selected firm.

1. The Respondent must meet DHA’s insurance and indemnification requirements set forth herein below.

DHA Insurance Requirements The Selected Design, Architectural / Engineering, or Multi Disciplinary Team(s) will be required to provide the insurance as listed below.

(a) Contractor shall procure and maintain at its sole cost and expense for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, volunteers, employees or subcontractors. Contractor acknowledges that it has familiarized itself with the extent and scope of work to be performed and certifies that its insurance policies provide coverage for losses that might arise from the types of hazards to be found therein.

i. Contractor's insurance coverage shall be primary and noncontributory with respect to DHA, its commissioners, officers, directors, employees and volunteers.

ii. To the extent that subcontractors may be used, Contractor shall include all subcontractors as additional insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

iii. Certificates of Insurance and endorsements shall be furnished to DHA and approved by DHA before services are furnished.

iv. The following standard insurance policies shall be required:

v. Approval, disapproval or failure to act by DHA regarding any insurance supplied by Contractor shall not relieve Contractor of full responsibility or liability for damages and accident as set forth in the contract documents. Neither shall the bankruptcy, insolvency or denial of liability by the insurance company exonerate Contractor from liability.

(b) The following requirements are applicable to all policies:

i. Commercial General Liability and Workers Compensation insurance shall be written by a carrier with an A-: VII or better rating in accordance with current A.M. Best Key Rating Guide.

ii. Only insurance carriers licensed or duly authorized to do business in the State of Texas will be accepted.

iii. Only deductibles applicable to property damage are acceptable; if applicable they must be shown on the certificate of insurance and approved by DHA.

iv. Except for Professional Liability insurance, "Claims made" policies will not be accepted.

v. DHA, its commissioners, officers, directors, employees, and volunteers, are to be added as "Additional Insured" to the General Liability and the Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to DHA, its commissioners, officers, directors, employees, and volunteers.

vi. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, nonrenewed or reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to DHA.

vii. Upon request, certified copies of all insurance policies shall be furnished to DHA.

(c) COMMERCIAL GENERAL LIABILITY INSURANCE

The following Commercial General Liability Insurance is required:

i. Minimum Limits of $1,000,000 per Occurrence with an annual Aggregate of $1,000,000 for Bodily Injury, Personal Injury and Property Damage.

ii. Coverage shall be provided for premises/operations and product/completed operations hazards.

iii. The ISO Commercial General Liability Policy form ("Occurrence" form CG 0001, Ed. 11/88) or broader with no deletions of coverage. Any exclusions, changes or limitations of coverage must be submitted with Engineer's written proposal and must be approved by the DHA risk manager.

iv. A Waiver of Subrogation in favor of DHA must be endorsed to the policy.

(d) WORKERS' COMPENSATION INSURANCE

The following Workers' Compensation is required:

i. Minimum Employer's Liability limits of:

ii. "Texas," must appear in Item 3A of the declarations page or Item 3C must contain the following: "All states except those listed in Item 3A and the state of NV, ND, OH, WA, WV, and WY."

iii. A Waiver of Subrogation in favor of DHA must be endorsed to the policy.

(e) AUTOMOBILE LIABILITY

The following Automobile Liability Insurance will be required:

i. On Owned, Non owned or Hired motor vehicles used on the site or in connection therewith, a minimum Combined Single limit of $1,000,000. each Accident for Bodily Injury and Property Damage.

ii. DHA, its commissioners, officers, directors, employees and volunteers, shall be added as "Additional Insureds."

iii. Insurance Services Office Business Auto coverage form (CA 0001, Ed. 6/92) or broader with symbol 1, "any auto" shown in the Covered Autos portion of the declarations page.

iv. There shall be no special limitations regarding the scope of protection afforded to DHA, its commissioners, officers, directors, employees and volunteers.

v. A Waiver of Subrogation in favor of DHA must be endorsed in the policy.

(f) PROFESSIONAL LIABILITY

The following Professional Liability Insurance will be required:

i. Minimum limits of liability of $1,000,000. each Claim, $1,000,000. Aggregate.

ii. The services which are to be rendered to the DHA must be specifically defined in the policy as an insured service.

iii. If the Professional Liability policy is written on a "Claims made" form, the following additional requirements apply:

(a) A retroactive date must be on or before the execution date of the Contract and the policy must provide an extended reporting period of not less than five years following the completion date of the Contract; or

(b) The Contractor agrees to keep valid and collectible Professional Liability insurance in full force and effect for a minimum of five years after the completion of this Contract.

(g) CERTIFICATES OF INSURANCE

All Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions warranting the following:

i. The company is authorized to do business in the State of Texas.

ii. The insurance set forth by the insurance company is written on forms which have been approved by the Texas State Board of Insurance or ISO.

iii. Sets forth all endorsement and insurance coverage according to requirements and instructions contained herein.

iv. Shall specifically set forth the notice of cancellation, termination, or change in coverage provisions to DHA.

v. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance.

(h) VERIFICATION OF COVERAGE

The following requirement pertains to all Certificates of Insurance.

Contractor shall furnish DHA with certificates of insurance and with original endorsements effecting coverage by this clause. The certificates and endorsements for each policy are to be signed by a person authorized by that insurer to bind coverage on its behalf and written on forms that have been approved by the Texas Department of Insurance or Insurance Services Office. They must set forth all coverage and deductibles as well as the notice of cancellation, termination or change in coverage provisions to DHA according to requirements and instructions contained herein Certificates of insurance (or certified copies of policies) and any required endorsements shall be furnished to and approved by DHA before work commences. DHA reserves the right to require complete, certified copies of all required insurance policies at any time.

(I) NOTICES

All notices pertaining to insurance shall be given to DHA at the following two addresses:

INDEMNIFICATION

TO THE EXTENT PERMITTED BY LAW, CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD DHA, ITS COMMISSIONERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, AND VOLUNTEERS HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, FINES, PENALTIES, COSTS, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, “DAMAGES” FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, FAILURE TO COMPLY WITH GOVERNMENTAL LAWS OR REGULATIONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS THAT MAY ARISE OUT OF OR BE OCCASIONED BY CONTRACTOR BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS CONTRACT, OR BY ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THIS CONTRACT. SUCH OBLIGATION SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE, OR OTHERWISE REDUCE ANY OTHER RIGHT OR OBLIGATION OF INDEMNITY WHICH WOULD OTHERWISE EXIST AS TO ANY PARTY OR PERSON DESCRIBED IN THIS SECTION. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY.

Request for Qualifications The Request for Qualifications (“RFQ”) may be downloaded from DHA’s website https://dhantx.bonfirehub.com/portal/?tab=openOpportunities Acceptance of RFQ and Contract Terms Proposer's submission of a qualification/proposal in response to the RFQ shall constitute acceptance by the Proposer of the terms and conditions of this RFQ. In the event that the Proposer's qualification/proposal is accepted for contract award, the Proposer agrees to enter into a contract with DHA in a form substantially similar to the contract form appended hereto as Exhibit C.

Contract Award Subject to the rights reserved in this RFQ, DHA will award the contract by written notice to the selected Proposer (the "Contractor"). The award of the contract is subject to the approval of DHA Contract Administrator and it shall be conditioned on the successful negotiation of revisions, if any, to the qualification/proposal, recommended as part of the evaluation of qualifications/proposals.

No Warranty Proposers are required to examine the RFQ, specifications, and instructions pertaining to the services requested. Failure to do so will be at the Proposer's own risk. It is assumed that the Proposer has made full investigation as to be fully informed as to the extent and character of the services requested and of the requirements of the specifications. No warranty or representation is made or implied as to the information contained in this RFQ.

Expense of RFQ Submission All expenses incurred in the preparation and submission to DHA of qualifications/proposals in response to this RFQ shall be borne by the Proposer.

EXHIBIT A: Sample Contract for Design, Architectural and Engineering (A/E) firms, or Multidisciplinary Teams DHA CONTRACT FOR SERVICES

In consideration of the mutual promises and covenants herein contained, INSERT NAME AND ADDRESS OF CONTRACTOR, (hereinafter referred to as the "Contractor") and The Housing Authority of the City of Dallas, Texas, 3939 North Hampton Road, Dallas, Texas 75212 (hereinafter referred to as the "DHA") agree as follows:

1. SERVICES

Contractor shall furnish to DHA the services attached hereto as Exhibit A and made a part hereof for all purposes (hereinafter referred to collectively as the "Services"). Additional services and/or service adjustments may be added or deleted during the life of this Contract as mutually agreed upon in writing between DHA and Contractor. If it becomes necessary to revise the specifications after this Contract is executed, a written "Change Order" or a "Modification to the Contract" shall be executed by the parties and become part of this Contract. The Contractor shall perform the Services as expeditiously as is consistent with the requirements of DHA; it is understood that time is of the essence for performance of the Services.

2. CHARGES

In consideration for the Services provided pursuant to this Contract, DHA agrees to pay Contractor an amount not to exceed INSERT AMOUNT OF CONTRACT LIMIT per year, in accordance with the Proposal attached hereto as Exhibit B and made a part hereof for all purposes. In no event shall DHA pay for goods or services not actually delivered.

DHA shall pay the approved amounts of Contractor’s invoices within forty-five (45) days after receipt of invoice in proper form. Payment will be contingent upon DHA’s review of the invoice and determination that the Services described in the invoice are within the description of the Services under this Contract. If DHA, in good faith, disputes and does not approve an item billed, DHA will notify the Contractor of the item or portion of an item disputed and will withhold payment thereof until settlement of the dispute. The right of DHA to withhold such payments will be in addition to, and not in any way in lieu of, any other right of DHA hereunder, including the right to raise disputes for the first time after audit. All payments shall be on account only and are subject to adjustment after audit.

3. TERM

Services provided by Contractor hereunder shall commence on INSERT DATE, MONTH AND YEAR and shall end on INSERT DATE, MONTH AND YEAR, unless terminated earlier as set forth herein. DHA MAY EXERCISE ITS SOLE OPTION TO EXTEND THIS CONTRACT FOR UP TO TWO ADDITIONAL ONE-YEAR TERMS. Contractor acknowledges that DHA is a recipient of Federal Funds and that payments made under this Contract will be made with Federal appropriations. Accordingly, if DHA does not receive its full appropriation, it may terminate this Contract under Section 4, below.

4. TERMINATION

DHA shall have the right to terminate this Contract, with or without cause, by giving written notice by certified mail to the other party at least THIRTY (30) days prior to the date the contract is to be terminated.

5. NO DUTY EXCEPT AS EXPRESSLY STATED

The Contractor shall perform all Services in a careful and workmanlike manner and in accordance with the highest nationally accepted standards of care, skill and diligence applicable to the Services. Otherwise, there shall be no duty owed by either party to this Contract except those that are expressly stated herein.

6. COMPLIANCE WITH LAW

The Contractor shall give all notices and comply with all federal, state, and local laws, ordinances, rules and regulations and the lawful orders of any public authority bearing on the performance of the Services. If the Contractor observes that any provision of the Contract is at variance with any applicable law, statute, building code or regulation, the Contractor shall notify DHA in writing promptly, and the necessary changes shall be accomplished by appropriate written modification of the Contract. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules or regulations, the Contractor shall assume full responsibility and shall bear all cost and liability attributable thereto.

This Contract and the rights and obligations of the parties thereto shall be interpreted, construed and enforced in accordance with the laws of the State of Texas.

By execution of this Contract, the Contractor warrants and covenants to DHA that all Services will be performed in accordance with all applicable federal, state, county and city codes, rules and ordinances, including, but not limited to, the federal Clean Air Act and the Occupational Health and Safety Act, the Texas Industrial Safety and Health Act, and the Workers Right to Know Law.

Furthermore, the Contractor shall obtain and maintain in full force and effect during the term of this Contract, such licensing and/or permits as may be required by federal, state and local authorities.

7. INSURANCE

The following shall apply as indicated:

(a) Contractor shall procure and maintain at its sole cost and expense for the duration of this Contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, volunteers, employees or subcontractors. Contractor acknowledges that it has familiarized itself with the extent and scope of work to be performed and certifies that its insurance policies provide coverage for losses that might arise from the types of hazards to be found therein.

i. Contractor's insurance coverage shall be primary and noncontributory with respect to DHA, its commissioners, officers, directors, employees and volunteers.

ii. To the extent that subcontractors may be used, Contractor shall include all subcontractors as additional insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

iii. Certificates of Insurance and endorsements shall be furnished to DHA and approved by DHA before services are furnished.

iv. The following standard insurance policies shall be required:

v. Approval, disapproval or failure to act by DHA regarding any insurance supplied by Contractor shall not relieve Contractor of full responsibility or liability for damages and accident as set forth in the contract documents. Neither shall the bankruptcy, insolvency or denial of liability by the insurance company exonerate Contractor from liability.

(b) The following requirements are applicable to all policies:

i. Commercial General Liability and Workers Compensation insurance shall be written by a carrier with an A-: VII or better rating in accordance with current A.M. Best Key Rating Guide.

ii. Only insurance carriers licensed or duly authorized to do business in the State of Texas will be accepted.

iii. Only deductibles applicable to property damage are acceptable; if applicable they must be shown on the certificate of insurance and approved by DHA.

iv. Except for Professional Liability insurance, "Claims made" policies will not be accepted.

v. DHA, its commissioners, officers, directors, employees, and volunteers, are to be added as "Additional Insured" to the General Liability and the Automobile Liability policies. The coverage shall contain no special limitations on the scope of protection afforded to DHA, its commissioners, officers, directors, employees, and volunteers.

vi. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, nonrenewed or reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested has been given to DHA.

vii. Upon request, certified copies of all insurance policies shall be furnished to DHA.

(c) COMMERCIAL GENERAL LIABILITY INSURANCE

The following Commercial General Liability Insurance is required:

i. Minimum Limits of $1,000,000 per Occurrence with an annual Aggregate of $1,000,000 for Bodily Injury, Personal Injury and Property Damage.

ii. Coverage shall be provided for premises/operations and product/completed operations hazards.

iv. The ISO Commercial General Liability Policy form ("Occurrence" form CG 0001, Ed. 11/88) or broader with no deletions of coverage. Any exclusions, changes or limitations of coverage must be submitted with Contractor's written proposal and must be approved by the DHA risk manager.

iv. A Waiver of Subrogation in favor of DHA must be endorsed to the policy.

(e) WORKERS' COMPENSATION INSURANCE

The following Workers' Compensation is required:

i. Workers’ Compensation to Statutory limits;

ii. Minimum Employer's Liability limits of:

iii. "Texas," must appear in Item 3A of the declarations page or Item 3C must contain the following: "All states except those listed in Item 3A and the state of NV, ND, OH, WA, WV, and WY."

iv. A Waiver of Subrogation in favor of DHA must be endorsed to the policy.

(e) AUTOMOBILE LIABILITY

The following Automobile Liability Insurance will be required:

i. On Owned, Non-owned or Hired motor vehicles used on the site or in connection therewith, a minimum Combined Single limit of $1,000,000. each Accident for Bodily Injury and Property Damage.

ii. DHA, its commissioners, officers, directors, employees and volunteers, shall be added as "Additional Insureds."

iii. Insurance Services Office Business Auto coverage form (CA 0001, Ed. 6/92) or broader with symbol 1, "any auto" shown in the Covered Autos portion of the declarations page.

iv. There shall be no special limitations regarding the scope of protection afforded to DHA, its commissioners, officers, directors, employees and volunteers.

v. A Waiver of Subrogation in favor of DHA must be endorsed in the policy.

(f) PROFESSIONAL LIABILITY

The following Professional Liability Insurance will be required:

ii. Minimum limits of liability of $1,000,000.00 each Claim, $1,000,000.00 Aggregate.

ii. The services, which are to be rendered to the DHA, must be specifically defined in the policy as an insured service.

iii. If the Professional Liability policy is written on a "Claims made" form, the following additional requirements apply:

(a)) A retroactive date must be on or before the execution date of the Contract and the policy must provide an extended reporting period of not less than five years following the completion date of the Contract; or

(b)) The Contractor agrees to keep valid and collectible Professional Liability insurance in full force and effect for a minimum of five years after the completion of this Contract.

(g) CERTIFICATES OF INSURANCE

All Certificates of Insurance shall be prepared and executed by the insurance company or its authorized agent, and shall contain provisions warranting the following:

i. The company is authorized to do business in the State of Texas.

ii. The insurance set forth by the insurance company is written on forms approved by the Texas State Board of Insurance or ISO.

iii. Sets forth all endorsement and insurance coverage according to requirements and instructions contained herein.

iv. Shall specifically set forth the notice of cancellation, termination, or change in coverage provisions to DHA.

v. Original endorsements affecting coverage required by this section shall be furnished with the certificates of insurance.

(h) VERIFICATION OF COVERAGE

The following requirement pertains to all Certificates of Insurance.

Contractor shall furnish DHA with certificates of insurance and with original endorsements effecting coverage by this clause. The certificates and endorsements for each policy are to be signed by a person authorized by that insurer to bind coverage on its behalf and written on forms that have been approved by the Texas Department of Insurance or Insurance Services Office. They must set forth all coverage and deductibles as well as the notice of cancellation, termination or change in coverage provisions to DHA according to requirements and instructions contained herein Certificates of insurance (or certified copies of policies) and any required endorsements shall be furnished to and approved by DHA before work commences. DHA reserves the right to require complete, certified copies of all required insurance policies at any time

(I) NOTICES

All notices pertaining to insurance shall be given to DHA at the following two addresses:

8. INDEMNIFICATION

TO THE EXTENT PERMITTED BY LAW, CONTRACTOR AGREES TO DEFEND, INDEMNIFY AND HOLD DHA, ITS COMMISSIONERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ATTORNEYS, CONSULTANTS, AND VOLUNTEERS HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, FINES, PENALTIES, COSTS, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES, “DAMAGES” FOR PERSONAL INJURY (INCLUDING DEATH), PROPERTY DAMAGE, INJURY TO OR DESTRUCTION OF TANGIBLE PROPERTY, FAILURE TO COMPLY WITH GOVERNMENTAL LAWS OR REGULATIONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, SUFFERED BY ANY PERSON OR PERSONS THAT MAY ARISE OUT OF OR BE OCCASIONED BY CONTRACTOR'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS CONTRACT, OR BY ANY ACT OR OMISSION OF CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES OR SUBCONTRACTORS, IN THE PERFORMANCE OF THIS CONTRACT, REGARDLESS OF WHETHER OR NOT IT IS CAUSED IN PART BY THE NEGLIGENCE OR CONDUCT OF DHA OR OTHER PARTY INDEMNIFIED HEREUNDER. SUCH OBLIGATION SHALL NOT BE CONSTRUED TO NEGATE, ABRIDGE, OR OTHERWISE REDUCE ANY OTHER RIGHT OR OBLIGATION OF INDEMNITY WHICH WOULD OTHERWISE EXIST AS TO ANY PARTY OR PERSON DESCRIBED IN THIS SECTION. THE PROVISIONS OF THIS PARAGRAPH ARE SOLELY FOR THE BENEFIT OF THE PARTIES HERETO AND NOT INTENDED TO CREATE OR GRANT ANY RIGHTS, CONTRACTUAL OR OTHERWISE, TO ANY OTHER PERSON OR ENTITY.

9. LIMITATION OF AGREEMENT

Contractor and DHA agree and acknowledge that this Contract is entered into by and between Contractor and DHA only, and is not intended to inure to the benefit of any other party. No party other than Contractor and DHA may claim a benefit pursuant to this Contract, and in the event that any third party asserts a claim against DHA as a result of this Contract or as a result of the services provided by Contractor pursuant to this Contract, Contractor agrees to defend, indemnify and hold harmless DHA, its commissioners, officers, directors, employees, agents, attorneys, consultants, and volunteers against any and all liabilities, demands, claims, suits, judgments, or other costs or expenses incident to any and all such claims.

10. ACCESS TO RECORDS

Contractor acknowledges that DHA is a grantee of federal funds and therefore Contractor agrees to provide access by DHA, the United States Department of Housing and Urban Development, the Comptroller General or the United States, or any of their duly authorized representatives to any books, documents, papers, and records of Contractor which are directly pertinent to this Contract for the purposes of making audit, examination, excerpts, and transcriptions.

11. RETENTION OF RECORDS

Contractor agrees to retention of all records pertinent to this Contract for three (3) years after DHA makes final payment hereunder and all other pending matters are closed.

12. EQUAL EMPLOYMENT OPPORTUNITY

Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin or handicap. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, national origin or handicap. Such action shall include, but not be limited to (1) employment, (2) upgrading, (3) demotion, (4) transfer, (5) recruitment or recruitment advertising, (6) layoff or termination, (7) rates of pay or other forms of compensation, and (8) selection for training, including apprenticeship. Contractor shall include the terms and conditions of this clause in every subcontract unless exempted by the rules, regulations, or order of the Secretary of Labor issued under Executive Order 11246, as amended. Contractor agrees to indemnify, defend and save DHA harmless from all claims, investigations and suits with respect to all alleged or actual violations of state or federal labor laws resulting from any act or acts, or omissions of Contractor.

13. EMPLOYMENT, TRAINING, AND CONTRACTING OPPORTUNITIES FOR LOW-INCOME PERSONS, SECTION 3 OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968

The Contractor agrees as follows:

(a) The work to be performed under this contract is subject to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

(b) The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

(c) The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers representative of the contractors commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

(d) The contractor agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135.

(e) The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the requirements of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the contractors obligations under 24 CFR part 135.

(f) Noncompliance with HUD’s regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts.

(g) Pursuant to 24 CFR 905.170(b), compliance with Section 3 requirements shall be to the maximum extent consistent with, but not in derogation of compliance with section 7(b) of the Indian Self-determination and Education Assistance Act, 25 U.S.C. section 450e(b) when this law is applicable.

CONTRACTOR UNDERSTANDS AND AGREES THAT FAILURE TO COMPLY WITH DHA’S SECTION 3 REPORTING REQUIREMENTS IS GROUNDS FOR THE TERMINATION OF THIS CONTRACT.

14. INTEREST OF MEMBERS OF CONGRESS

No member of or delegate to the Congress of the United States of America shall be admitted to any share or part of this Contract or to any benefit that may arise there from.

15. INTEREST OF MEMBERS, OFFICERS OR EMPLOYEES AND FORMER MEMBERS, OFFICERS OR EMPLOYEES

No member, officer or employee of DHA, no member of the governing body of the locality in which DHA is situated, no member of the governing body of the locality in which DHA was activated, and no other public official of such locality or localities who exercise any functions or responsibilities with respect to DHA shall, during his or her tenure, or for one year thereafter, have any interest, direct or indirect, in this Contract or the proceeds thereof.

16. LIMITATION ON PAYMENTS MADE TO INFLUENCE CERTAIN FEDERAL FINANCIAL TRANSACTIONS

The Contractor agrees as follows:

(a) Contractor agrees to comply with Section 1352 of Title 31, United States Code which prohibits the use of Federal appropriated funds to pay any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection with any of the…