4-2511-5625 Energy Audit and Utility Allowance Study.pdf

REQUEST FOR PROPOSALS

Energy Audit and Utility Allowance Study for

Opportunity Home San Antonio and Affiliated Entity Affordable Housing Communities

Date Issued

October 29, 2025

RFP #

2511-5625

NIGP Code #

910-16

Closes

November 20, 2025 at 2 p.m.

Prepared by Opportunity Home San Antonio

Department of Procurement

Michael Reyes President and CEO

Rev 1 // 02.04.13

RFP # 2511-5625 // Energy Audit and Utility Allowance Study

Table of Contents Section A - Background Information and Evaluation 3 Time Line 4

Desired Outcome 4 Evaluation Criteria 6

Section B – Instruction to Respondents 7 Point of Contact 7

Opportunity Home Reservation of Rights 8 Disqualification of Respondents 10

Award and Right to Protest 12 Section C – Information to be Submitted 14

Tabs 1 through 8 14-18 Section D – Terms and Conditions 19

Section 3 20 Subcontractors 20

Invoicing 22 Termination 23

General Conditions 24 Examination of Records 25

Force Majeure 25

EXHIBITS and ATTACHMENTS Scope of Service

Insurance Requirements

HUD Forms, Conflict of Interest Questionnaire, Certificate of Interested Parties

Profile of Firm and Company Profile

Section 3 Guidelines and Forms

Proposal Check List and Certification

Form of Proposal

Rev 1 // 06.15.20

Section A Background Information and Evaluation

I. Background Information: The Housing Authority of the City of San Antonio, Texas, a/k/a Opportunity Home San Antonio (“Opportunity Home” or “Owner” or “Agency”) and its affiliated entities, is a public housing agency created by resolution of the City of San Antonio in 1938 pursuant to the Texas Housing Authorities Law (now Chapter 392 of the Texas Local Government Code) and federal law.

Opportunity Home is a unit of government and its functions are essential governmental functions. The property of Opportunity Home is used for essential public and governmental purposes and is exempt from all taxes, including sales tax on all its purchases of supplies and services.

Opportunity Home enters into and executes contracts and other instruments that are necessary and convenient to the exercise of its powers. Opportunity Home maintains contractual arrangements with United States Department of Housing and Urban Development (HUD) to manage and operate its low rent public housing program and administers the Section 8 Housing Assistance Payments Programs.

Opportunity Home programs are federally funded along with development and modernization grants and rental income.

Its primary activity is the ownership and management of over 6,300 public housing units. It also administers rental assistance for almost 12,000 privately owned rental units through the Section 8 program. It operates and manages its housing developments to provide decent, safe, sanitary and affordable housing to low-income families, the elderly, and the disabled, and implements various programs designed and funded by HUD.

Opportunity Home has created a number of affiliated public facility corporations (“PFCs”) pursuant to Chapter 303 of the Texas Local Government Code (the Public Facility Corporation Act). In some instances, these PFCs own projects. In other cases, PFCs or other related entities serve as partners in partnerships that have been awarded low-income housing tax credits. Opportunity Home’s affiliated entities own and operate over 3,000 units of affordable housing.

Opportunity Home staff also manages the San Antonio Housing Finance Corporation (“Finance Corporation”), which is primarily a conduit issuer of bonds for developers of affordable housing projects.

The Finance Corporation was created pursuant to Chapter 394 of the Texas Local Government Code (the Texas Housing Finance Corporations Act). When used herein, “Opportunity Home” shall include its affiliated entities.

As a part of our social mission and federal mandate, Opportunity Home is committed to providing economic, training, and educational opportunities to the low-income individuals in the communities we serve. All contractors are required to recruit and hire low-income individuals for new positions and provide training & educational opportunities to the greatest extent feasible for these individuals.

Opportunity Home is governed by a Board of Commissioners and managed on a day-to-day basis by its President and CEO. The Opportunity Home Board of Commissioners, upon the advice of the President and CEO, approves all major policy and contractual decisions. The President and CEO is then charged with implementing these actions.

II. Introduction::

Opportunity Home and its affiliates is seeking proposals from qualified, licensed, and experienced energy audit firms to perform an energy audit and a utility allowance study of selected properties as specified herein (“Services”).

III. Timeline:

DATE ISSUED October 29, 2025

NON-MANDATORY PRE-SUBMITTAL

MEETING

No Meeting Scheduled

LAST DATE FOR QUESTIONS November 12, 2025- Submit in the Bonfire Portal

PROPOSAL DUE DATE

November 20, 2025 at 2:00 P.M.

Submitted in the Bonfire Portal

ANTICIPATED APPROVAL BY THE BOARD December 2025

Opportunity Home reserves the right to modify this schedule at their discretion. Notification of changes in connection with this solicitation will be made available to all interested parties via an emailed Addendum.

IV. Objectives:

A. Award to an experienced, licensed, and qualified firm to conduct an Energy Audit, and Utility Allowance Survey to include updates annually to the data for up to 4 subsequent years.

B. Minimum Qualifications:

a. Respondent must demonstrate that they have been actively engaged for a minimum of five (5) consecutive years in providing energy audit and utility allowance studies .

b. Must demonstrate appropriate education and experience to be able to comply with all provisions of this project.

c. Successful Firm will have fully trained staff with competent employees that have the expertise necessary to perform the work must have the ability to meet all qualifications and ability to perform the work specified in the Scope of Work (Exhibit A).

IIV. Evaluation: Each proposal submittal will be evaluated based upon the following information and criteria:

A. Initial Evaluation-Responsiveness: Each proposal received will first be evaluated for responsiveness (i.e., meeting the minimum requirements as stated in the RFP).

B. Evaluation-Responsibility: Opportunity Home shall select a minimum of a three-person panel, using the criteria established below, to evaluate each of the proposals submitted in response to this RFP to determine the Respondent’s level of responsibility.

Opportunity Home will consider capabilities or advantages that are clearly described in the proposal that oral presentations may confirm, site visits, demonstrations, and references contacted by Opportunity Home. All proposals would be evaluated as to their overall value to Opportunity Home.

C. Restrictions: All persons having familial (including in-laws) and/or employment relationships (past or current) with principals and/or employees of a Respondent will be excluded from participation on Opportunity Home’s evaluation panel. Similarly, all persons having ownership interest in and/or contract with a Respondents will be excluded from participation on Opportunity Home’s evaluation panel.

D. Evaluation Criteria: The evaluation panel will use the following criteria to evaluate each proposal:

5 Excellent 4 Above Average 3 Average 2 Below Average 1 Poor

0 Non Responsive

Continued on Next Page

No. Points Weighted Average

CRITERION DESCRIPTION

1 0-5 35% Project Management: Evidence of Respondent’s overall ability to understand the scope of the services, the purpose of the project, and familiarity with the nature of the studies involving usage and energy design in multifamily housing projects.Comprehensiveness of proposed plan that demonstrates capability of the consultant and/or firm to deliver quality results meet performance schedules, planningbudgets, and guidelines.

2 0-5 15% Staff Experience and Competence: Experience of principals and staff, company facilities, technical and demonstrated professional competence of the principals and staff through evidence of past work, education and training.

3 0-5 25% Experience: Past performance, experience and quality of work of Respondent on prior Energy Audits and Utility Allowance studies or similar efforts of similar size and scope.. Resumes reflect experience relevant to the services described in Exhibit A. Technical and demonstrated professional competence of the principals and staff through evidence of past work, education and training.

4 0-5 15% Price proposal: Price of the proposed services.

5 0-5 5% Strength of the Contractor’s Section 3 Utilization Plan

6 0-5 5% Strength of the Contractor’s S/W/MBE Utilization Plan

100% Total Points for Criteria

E. Competitive Range: Once a competitive range is established from the proposals submitted, Opportunity Home reserves the right to require Respondents within the competitive range to have an interview or make a presentation to the evaluation committee. Presentations and interviews, if requested, shall be a factor in the award recommendation.

Section B

Instructions to Respondents

I. Point of Contact: The point of contact for purposes of obtaining the Request for Proposal and submitting responses is:

POINT OF CONTACT

Shayne Everett-Endres, Contract Specialist Opportunity Home San Antonio 818 S. Flores San Antonio, TX 78204 Phone: (210) 477-6254 E-mail: shayne_everett-endres@homesa.org

TX TTY: 1-800-735-2989

The Request for Proposals can be obtained by calling 210-477-6059 or online at https://homesa.bonfirehub.com/portal/?tab=openOpportunities https://ha.internationaleprocurement.com

All Addenda will be posted on Bonfire portal

Any changes that are issued before the proposal submission deadline shall be binding upon all prospective Respondents.

Respondents shall address all communication and correspondences pertaining to this

RFP process to only the Contact person identified above. Respondents must not inquire or communicate with any other Opportunity Home staff member or official (including members of the Board of Commissioners) pertaining to this RFP. Failure to comply with this requirement is cause for a proposal to be disqualified. During the RFP solicitation process, Opportunity Home will not conduct any ex parte conversations which may give one prospective respondent an advantage over other prospective Respondents.

II. Prohibitions: Contact with members of the Opportunity Home Board of Commissioners, or Opportunity Home officers and employees other than the contact person listed herein, by any prospective Respondent, after publication of the RFP and prior to the execution of a contract with the successful Respondent(s) could result in disqualification of your proposal.

In fairness to all prospective respondent(s) during the RFP process, if Opportunity Home meets in person with anyone representing a potential provider of these services to discuss this RFP other than at the pre-submittal meeting, an addendum will be issued to address all questions so as to insure no respondent has a competitive advantage over another. This does not exclude meetings required to conduct business not related to the RFP, or possible personal presentations after written qualifications have been received and evaluated.

mailto:shayne_everett-endres@saha.org https://saha.bonfirehub.com/portal/?tab=openOpportunities https://ha.internationaleprocurement.com https://saha.bonfirehub.com/portal/?tab=openOpportunities

III. Non-Mandatory Pre-Proposal Conference: A pre-proposal conference will be held virtually as indicated herein. The purpose of this conference is to assist Respondents in understanding the RFP documents and required submittal documents. At this conference, Opportunity Home will conduct an overview of the RFP documents, including attachments.

Any questions must be submitted in writing (e-mail is acceptable) to the contact person listed herein and will be answered in an addendum.

IV. Opportunity Home’S Reservation of Rights:

A. Opportunity Home reserves the right, without liability, to:

1. Reject any or all proposals, to waive any informality in the RFP process, or to terminate the RFP process at any time, if deemed by Opportunity Home to be in its best interests.

2. Not to award a contract pursuant to this RFP

3. Terminate a contract awarded pursuant to this RFP at any time for its convenience upon 30 days' written notice to the successful Respondent.

4. Determine the days, hours, and locations in which the services are performed in this

RFP.

5. Retain all proposals submitted and not permit withdrawal for a period of 90 days subsequent to the deadline for receiving proposals without written consent from Opportunity Home.

6. Negotiate the fees proposed by all Respondents. If such negotiations are not, in the opinion of Opportunity Home, successfully concluded within a reasonable timeframe as determined by Opportunity Home, Opportunity Home shall retain the right to end such negotiations.

7. Reject and not consider any proposal that does not meet the requirements of this RFP, including but not necessarily limited to rejection of incomplete proposals and/or proposals offering alternate or non-requested services and from Respondents deemed non-responsive and non-responsible.

8. Prohibit any further participation by a Respondent or reject any proposal submitted that does not conform to any of the requirements detailed herein. Each prospective Respondent further agrees that he/she will inform Opportunity Home in writing within five (5) days of the discovery of any item that is issued thereafter by Opportunity Home that he/she feels needs to be addressed. Failure to abide by this timeframe shall relieve Opportunity Home, but not the prospective Respondents, of any responsibility pertaining to such issue.

9. Award, to revise, change, alter or amend any of the instructions, terms, conditions, and/or specifications identified within the RFP documents issued, within any attachment or drawing, or within any addenda issued.

10.To advertise for new proposals or to proceed to do the work otherwise if proposals are rejected.

11.Cancel the award of any proposal(s) at any time before the execution of the contract documents by all parties.

12.Reduce or increase estimated or actual quantities in whatever amount necessary if funding is not available, legal restrictions are placed upon the expenditure of monies for this category of service or supplies, or Opportunity Home’s requirements in good faith change after award of the contract.

13.Make an award to more than one Respondents based on ratings or to make an award with or without negotiations or Best and Final Offers (BAFO)

14.Establish a competitive range for responses based on the initial scores and to require presentations by the Respondents within the competitive range.

15.Require additional information from all Respondents to determine level of responsibility. Such information shall be submitted in the form and time frame required by Opportunity Home.

16.Amend the terms of the contract any time prior to contract execution.

17.Contact any individuals, entities, or organizations that have had a business relationship with the Respondents regardless of their inclusion in the reference section of the proposal submittal.

V. Timely Submissions: Late submissions will not be accepted. Proposals received prior to the submittal deadline shall be securely kept, unopened, by Opportunity Home. No proposal received after the designated deadline shall be considered. Respondents are cautioned that any proposal submittal that is time-stamped as being received by Opportunity Home after the exact time set as the deadline for the receiving of proposals shall not be considered.

Any such proposal inadvertently opened shall be ruled to be invalid. No responsibility will attach to Opportunity Home or any official or employee thereof, for the pre-opening of, or the failure to open a proposal not properly addressed and identified.

VI. Pre-Qualification: Respondents will not be required to pre-qualify to submit a proposal.

However, all Respondents will be required to submit adequate information showing that the Respondents is qualified to perform the required work

VII. Review of RFP Forms, Documents, Specifications and Drawings: It shall be each

Respondent’s responsibility to examine carefully and, as may be required, properly complete all documents issued pursuant to this RFP. Unless otherwise instructed, specifications and drawings (if provided) do not purport to show all of the exact details of the work. They are intended to illustrate the character and extent of the performance desired under the proposed contract and may be supplemented or revised from time to time.

VIII.Responses: Must be completed and submitted through the following Bonfire E-Procurement system portal: https://homesa.bonfirehub.com/portal/?tab=openOpportunities

IX. Withdrawal of Proposals: A request for withdrawal of a proposal due to a purported error must be filed in writing by the Respondents within 48 hours after the proposal deadline.

The request shall contain a full explanation of the purported error. The foregoing shall not be construed to violate the common law right of withdrawal for material error as defined in State statute. Opportunity Home retains the right to accept or reject any and all bids to the extent permitted by law. Negligence on the part of the Respondents in preparing his/her proposal confers no right of withdrawal or modification of the proposal after such proposal has been received and opened.

X. Mistake in Proposal Submitted: After a proposal has been opened it may not be changed for the purpose of correcting an error in the pricing. This does not affect the common law right of the Respondent to withdraw a bid due to a material mistake in the bid.

A. Irregular Proposal Submittal: A proposal shall be considered irregular for any one of the following reasons, any one or more of which may, at Opportunity Home's discretion, be reason for rejection:

1. If the forms furnished by Opportunity Home are not used or are altered or if the proposed costs are not submitted as required and where provided.

2. If all requested completed attachments do not accompany the proposal submittal.

3. If there are unauthorized additions, conditional or alternate proposals, or irregularities of any kind which may tend to make the proposal incomplete, indefinite or ambiguous as to its meaning or give the Respondents submitting the same a competitive advantage over other Respondents.

4. If the Respondent adds any provisions reserving the right to accept or reject any award or to enter into a contract pursuant to an award.

XI. Disqualification of Respondents: Any one or more of the following shall be considered as sufficient for the disqualification of a prospective Respondents and the rejection of his/her proposal:

a. Evidence of collusion among prospective Respondents. Participants in such collusion will receive no recognition as Respondents or Respondents for any future work with Opportunity Home until such participant shall have been reinstated as a qualified bidder or Respondent. The names of all participants in such collusion shall be reported to HUD and any other inquiring governmental agency.

b. More than one proposal for the same work from an individual, firm, or corporation under the same or different name(s).

c. Lack of competency, lack of experience and/or lack of adequate resources.

d. Unsatisfactory performance record as shown by past work for Opportunity Home or with any other local, state or federal agency, judged from the standpoint of workmanship and progress.

e. Incomplete work, which in the judgment of Opportunity Home, might hinder or prevent prompt completion of additional work, if awarded.

f. Failure to pay or satisfactorily settle all bills due on former contracts still outstanding at the time of award.

g. Failure to demonstrate minimum qualification requirements of Opportunity Home.

h. Failure to list, if required, all team members, subcontractors (if subcontractors are allowed by Opportunity Home) who will be engaged by the successful Respondent(s) to participate in the Project.

i. Failure of the successful Respondents to be properly licensed by the City, County and/or the State of Texas and/or to be insured by a commercial general liability policy and/or worker's compensation policy and/or business automobile liability policy, if applicable.

j. Any reason to be determined in good faith, to be in the best interests of Opportunity Home.

XII. Questions/Inquiries: A Respondent may inquire or question any of the proposal documents or any part of the information contained therein, by submitting, in writing to the contact person listed herein, at least eight (8) days prior to the proposal submission deadline, a complete and specific explanation as to what he/she is requiring clarification.

Opportunity Home reserves the right to issue a revision to the applicable RFP requirements in the form of an Addendum or may reject the Respondent’s request.

XIII.Substitutions: Respondents must propose a Project that meet the requirements of the RFP documents. All verbal communications or instructions provided by any Opportunity Home personnel shall only become official and binding when issued as an addendum by the Opportunity Home Procurement Department.

XIV.No Liability for Costs: Opportunity Home assumes no liability or responsibility for the costs incurred by the Respondents for any materials, efforts or expenses required in the preparation of proposals or in connection with presentations or demonstrations prior to the issuance of a Contract.

XV. Proposal Opening Results: Proposals are publicly opened and the results are generally a matter of public record. When Opportunity Home has concluded all evaluations, has chosen a final top-rated Respondent, has completed the award and is ready to issue such results, Opportunity Home shall notify the successful Respondents. All proposal documents submitted by the Respondents are generally a matter of public record unless such information is deemed to be proprietary.

XVI.Award: Submissions will be evaluted on the criteria stated in Section A of this RFP. After evaluation of the responses, the Contract will be awarded to the Respondents representing the “Best Value” to Opportunity Home after preferences for Section 3 business concerns are considered. The Selected Respondent will then enter into a development agreement with Opportunity Home. Opportunity Home reserves the right to issue a separate RFP for property management services.

A. Term and Type of Contract Award: Firm fixed contract for installation and one year of services with the option to extend services for up to four additional one (1) year periods at the sole discretion of Opportunity Home.

XVII. Taxes. Opportunity Home, as a governmental entity, is exempt from Texas State Sales and Use Taxes and Federal Excise Taxes. A letter of Tax Exemption will be provided upon request.

XVIII. Insurance: If a Respondent receives an award and unless otherwise waived in the Contract, the Selected Respondent will be required to provide an original Certificate of Insurance confirming the minimum requirements found within Exhibit I to Opportunity Home within 10 days of contract signature.

XIX.Exceptions. Opportunity Home will consider any exception to the RFP that the Respondent wishes to include but the failure of Opportunity Home to include such exceptions does not give the successful Respondent the right to refuse to execute Opportunity Home’s contract form. It is the responsibility of each prospective Respondent to notify Opportunity Home, in writing, in its Proposal of any exceptions to the RFP terms. Opportunity Home will consider such clauses and determine whether or not to include in the Contract.

XX.RIGHT TO PROTEST:

A. Rights: Any prospective or actual Respondents or contractor, who is allegedly aggrieved in connection with the solicitation of a proposal or award of a contract, shall have the right to protest. Such right only applies to deviations from laws, rules, regulations, or procedures. Disagreements with the evaluators’ judgments as to the number of points scored are not reasons for an appeal. An alleged aggrieved protestant claiming this right is hereby informed that these regulations do not provide for administrative appeal as a matter of right for that alleged aggrieved protestant.

1. Definition: An alleged aggrieved “protestant” is a prospective Respondents or Respondents who feels that he/she has been treated inequitably by Opportunity Home and wishes Opportunity Home to correct the alleged inequitable condition or situation.

2. Eligibility: To be eligible to file a protest with Opportunity Home pertaining to an RFP or contract, the alleged aggrieved protestant must have been involved in the RFP process in some manner as a prospective Respondents (i.e. recipient of the RFP documents) when the alleged situation occurred. Opportunity Home has no obligation to consider a protest filed by any party that does not meet these criteria.

3. Procedure: Any actual or prospective contractor may protest the solicitation or award of a contract for material violation of Opportunity Home’s procurement policy. Any protest against a Opportunity Home solicitation must be received before the due date for receipt of Proposals or proposals and any protest against the award of a contract must be received within ten calendar days after contract award or the protest will not be considered.

All protests must be in writing and submitted to the Director of Procurement for a written decision. The Director of Procurement shall make a recommendation to the Contracting Officer who shall issue a written decision and findings to the Contractor within 30 days from receipt of the written protest. This decision is then appealable to the Board of Commissioners within 30 days of receipt of the written decision. Appeals which are not timely filed will not be considered and the decision becomes final. All appeals shall be marked and sent to the address as listed in the following example:

APPEAL OF RFP NO. (insert exact number of RFP here) Opportunity Home San Antonio Attn: Director of Procurement

818 South Flores Street San Antonio, TX 78204

Remainder of Page Left Intentionally Blank

Section C Information To Be Submitted

The response to this RFP shall be submitted in the manner described in this Section. Each category must be separated by index dividers and the index divider must extend so that each tab can be located without opening the proposal and labeled with the corresponding tab reference noted below. Failure to submit the proposal in the manner specified may result in a premature opening of, post-opening of, or failure to open and consider that proposal and may be cause for elimination of that Respondent from consideration for award.

Opportunity Home can accompany and provide access to the properties should a site survey be necessary as part of Respondent’s submission. A site survey with a qualified electrical professional or engineer is recommended but not required for submission.

C.1 Tab 1, Profile of Firm and Company Biography:

Respondents will be required to complete and return these forms as indicated and place them under this tab.

C.2 Tab 2 Experience:

The Respondent must submit under this tab a concise description of its experience, past performance, and managerial capacityto deliver the proposed services, to include:

1. Project Management and Capability: Evidence of Respondent’s ability to perform energy audits and studies, planning, and implementation by submitting a proposed detailed plan of how Respondent intends to carry out the services to include a schedule for performance of the services. Plan must illustrate Respondent’s capability to meet Exhibit A performance criteria and schedules, planning benchmarks, budget and Opportunity Home guidelines, if any. The Plan must reflect Respondent’s overall ability to understand the scope of the services, the purpose of the project, and familiarity with the nature of the studies involving usage and energy design in multifamily housing projects. Respondent shall also provide a description of its ability to mobilize and manage resources that demonstrates resource commitments as necessary to timely complete the Project within the projected costs.

2. Experience: Past experience with energy project management projects with an emphasis on providing similar services to other housing agencies and clients consistent with the size and type requirements found in Exhibit A. Past performance, experience and quality of work on Energy Audits and Utility Allowance studies or similar efforts involving housing energy usage and creation of quality energy use studies in multifamily housing projects. Resumes must reflect technical and demonstrated professional competence of the principals and staff through evidence of past work, education and training.

C.3 Tab 3, Client Information:

Respondent shall provide copies of current licenses and certifications as required to perform the services.

1. Client References: Respondent shall identify three former or current clients, preferably other than Opportunity Home, for whom the Respondent has performed similar or like services to those being proposed herein. The list shall, at a minimum, include for each reference the client’s name, telephone number, email, and physical address, description of services provided to the client, and date of services.

C.4 Tab 4: Respondent's Quality Control and Support:

1. Respondent shall provide a description of the policies and procedures that demonstrate the Respondent’s commitment to quality, and ability to establish an effective quality assurance program associated with the scope of work that minimizes errors and delay in performance.

C.5 Tab 5, HUD Forms, Conflict of Interest Questionnaire and Form 1295:

These Forms are attached hereto as Attachment D to this RFP document must be fully completed, except as noted, executed where provided thereon, and submitted under this tab as a part of the proposal submittal. The successful Respondent shall be required to submit a Form 1295 to the Texas Ethics Commission in compliance with Government Code 2252.908 and a notarized copy of the submission along with the Certification prior to execution of the contract with Opportunity Home.

C.6 Tab 6, Section 3 Business Preference:

Any Respondent claiming a Section 3 Business Preference, shall under this tab include the fully completed and executed Section 3 applicant certification form for low-income employees for whom Respondent is seeking the preference, verification of total number of full-time employees, names and addresses of low-income residents who are Respondents employees. Note: If you qualify as a Section 3 Business Concern, your proposal will receive a preference over other respondents as specified in Attachment D.

C.7 Tab 7, Small/Minority/Disadvantaged/Veteran Business Enterprise Utilization Plan:

The Respondents shall submit a plan that details how the Contractor will make a good faith effort to subcontract with S/W/MBE companies. Opportunities to subcontract with S/W/MBE may include:

● Delivery and Runner Services

● Office Supplies

● Temporary Personnel

● Other CPA and/or auditing firms

● Printing & binding

FAILURE TO PROVIDE THE SWMBE PLAN MAY CAUSE THE RESPONSE TO BE

DISQUALIFIED AS NON-RESPONSIVE.

C.8 Tab 8, Section 3 Good Faith Effort Compliance Plan:

Respondents are required to complete and submit the SECTION 3 PROGRAM GOOD FAITH EFFORT COMPLIANCE PLAN outlining their efforts to employ qualified Section 3 businesses or persons. The goal as stated in the Good Faith Effort Compliance Plan is thirty percent (30%) of new hires for Section 3 persons per contract. The subcontracting goal is ten percent (10%) for Section 3 Businesses for construction contracts and three percent (3%) for Section 3 Businesses for non-construction contracts. Opportunity Home will provide a listing of qualified Section 3 Businesses upon request. See C6 above for potential areas to subcontract. FAILURE TO PROVIDE

THE SECTION 3 PROGRAM GOOD FAITH EFFORT COMPLIANCE PLAN MAY

CAUSE THE RESPONSE TO BE DISQUALIFIED AS NON-RESPONSIVE.

C.9 Tab 9, Proposal Checklist and Certification:

Respondent shall certify that the Proposal documents are complete and included in the response and to the Certification contained in Attachment E.

C.10 Tab 10, Form of Proposal and Pricing:

Respondent shall certify that the Proposal document and pricing are complete and included in the response contained in Attachment F.

End of Section C

Section D Terms and Conditions

These Terms and Conditions shall be considered minimum terms of any Contract between the Successful Respondent (“Contractor”) and Opportunity Home. The Respondent must also be familiar with federal guidelines issued by HUD, if applicable, (see HUD forms). These guidelines, together with any supplemental general conditions issued by HUD, outline requirements for the conduct of work and administrative requirements. The guidelines include, but are not limited to, Termination for Convenience, Default, Clean Air and Water standards, and compliance with Davis-Bacon wage rates. Any exceptions to the requirements of these terms shall be noted in the proposal. Opportunity Home shall have no obligation to accept any exceptions and may reject any proposal noting exceptions to its contract requirements.

I. GENERAL RESPONSIBILITIES:

A. Specifications. The Contractor shall provide the Project in accordance with the Scope of Work stated in Exhibit A.

B. Regulatory/Licensing. Contractor shall comply with all applicable federal, state and local laws, rules, regulations, ordinances and codes and obtain any licenses or permits required to provide the services. Obtaining licenses and permits shall be the sole responsibility of the Contractor.

C. Timesheets. Contractor shall keep accurate timesheets for all employees assigned to perform any project, task, or assignment in the Project.

D. Unacceptable Employees: If any employee of the Contractor is deemed unacceptable by Opportunity Home, Contractor shall immediately replace such personnel with a substitute acceptable to Opportunity Home.

E. Uniforms/Badges: Contractor shall provide uniforms and/or ID badges for all employees working on Opportunity Home’s properties. No employee will be allowed on Opportunity Home’s properties out of uniform and/or without an ID badge.

F. Criminal history/Drug testing. Contractor shall perform criminal history checks and drug screening tests on all employees performing work and if requested provide summaries of the results to Opportunity Home. Prospective employees whose criminal history checks discloses a misdemeanor or felony conviction involving crimes of moral turpitude or harm to persons or property shall not be used to perform work under this RFP or any resulting contract. Criminal history and drug screening checks will be completed at the sole expense of the Contractor.

G. Work on Opportunity Home Property: The Contractor shall take all necessary precautions to prevent the occurrence of any injury to persons or property during the progress of such work and shall immediately return said property to a condition equal to or better than the existing condition prior to the commencement of work at the site at no cost to Opportunity Home.

H. Wages. Contractor shall pay all salaries and expenses of, and all Federal, Social

Security taxes, Federal and State Unemployment taxes, and any similar taxes relating to its employees used in the performance of the contract. The Contractor further agrees to comply with all Federal, State and local wage and hour laws and all licensing laws applicable to its employees or other personnel furnished under the agreement.

I. Independent Contractor: The Contractor shall be considered an independent contractor. Nothing herein shall create any association, agency, partnership or joint venture between the parties hereto and neither shall have any authority to bind the other in any way.

II. SECTION 3 REQUIREMENTS. Contactor is required to prepare and submit monthly reports on Section 3. Contractor shall utilize Section 3 residents and businesses as defined in Attachment D to perform the requirements under the Project to the greatest extent feasible and shall document such efforts monthly. Contractors will be evaluated on their performance at achieving this goal and such evaluation shall be a factor in future awards.

III. SUBCONTRACTORS. Contractor may not use any subcontractors to accomplish any portion of the services described within the RFP documents or the contract without the prior written permission of the Opportunity Home. Also, any substitution of subcontractors must be approved in writing by Opportunity Home prior to their engagement. All requirements for the “Prime” Contractor shall also apply to any and all subcontractors. It is the Contractors’ responsibility to insure the compliance by the subcontractors. Regardless of subcontracting, the Contractor remains liable to Opportunity Home for the performance under the contract. The Contractor shall assure that its subcontractors comply with all applicable HUD regulations and Opportunity Home requirements including but not limited to Section 3 requirements, insurance, Davis Bacon wage requirements and reporting, permitting, code compliance, and licensure.

IV. SMALL, WOMAN, MINORITY BUSINESS ENTERPRISES (SWMBE): The Contractor is required to include a plan identifying the Contractor’s good faith efforts to assist Opportunity Home in its responsibility to foster the development of small and historically under-utilized business enterprises including woman owned, minority owned, disabled veteran owned business enterprises and other business enterprises owned and recognized by HUD as having privileged status. All subcontracting opportunities shall be outlined in this plan and any subcontractors listed on the Subcontractor’s form provided in Attachment C. FAILURE TO PROVIDE A SWMBE PLAN MAY CAUSE THE

SUBMITTAL TO BE DISQUALIFIED AS NON-RESPONSIVE.

IV. LIMITATION/INDEMNIFICATION/INSURANCE

A. Limitation of Liability: In no event shall Opportunity Home be liable to the successful Respondents for any indirect, incidental, consequential or exemplary damages.

B. Indemnification. The Contractor shall indemnify and hold harmless Opportunity Home and its officers, agents, representatives, and employees from and against all claims, losses, damages, actions, causes of action and/or expenses resulting from, brought for, or on account of any bodily injury or death of an employee of the Contractor, its agent, or its subcontractor of any tier received or sustained by any persons or property growing out of, occurring, or attributable to any work performed under or related to this Agreement, to the extent resulting in whole or in part from the negligent acts or omissions of the Contractor, any subcontractor, or any employee, agent or representative of the Contractor or any subcontractor. Contractor ACKNOWLEDGES AND AGREES THAT THIS

INDEMNITY CONTROLS OVER ALL OTHER PROVISIONS IN THE AGREEMENT,

SURVIVES TERMINATION OF THIS AGREEMENT.

For clarification purposes, Contractor shall indemnify and hold harmless Opportunity Home, their agents, consultants and employees from and against any and all property damage claims, losses, damages, costs and expenses relating to the performance of this Agreement, including any resulting loss of use, but only to the extent caused by the negligent acts or omissions of Contractor, its employees, sub-subcontractors, suppliers, manufacturers, or other persons or entities for whose acts Contractor may be liable.

C. Opportunity Home Actions. It is agreed by and between the parties hereto that in no event shall any official, officer, employee, or agent of Opportunity Home in any way be personally liable or responsible for any covenant or agreement herein contained whether expressed or implied, nor for any statement, representation or warranty made herein or in any connection with this agreement.

D. Insurance: The Contractor shall maintain in full force and effect during the entire contract term insurance in the form and in amounts found in Exhibit I.

V. LIQUIDATED DAMAGES: For each day that performance under the contract is delayed beyond the time specified for completion, the successful Respondents shall be liable for liquidated damages in the amount reflected in the contract. However, the timeframe for performance may be adjusted at Opportunity Home’s discretion in writing prior to default under the contract.

VI. WARRANTY.

A. General Warranty. All items installed/provided under any contract must include a minimum two (2) year general warranty including labor and installation. This period will begin on the date of “FINAL” acceptance by Opportunity Home.

B. Precedence. The services provided under the contract shall conform to all information contained within the contract as well as applicable industry-published technical specifications, and the Specifications. If one specification contains more stringent requirements than the other, the more stringent requirements shall apply.

C. Implied Warranties. In addition to all other warranties, the warranty shall include the warranty for merchantability and the warranty of fitness for a particular purpose.

D. Contractor shall assign any warranties and guarantees to Opportunity Home and provide the Contractor’s Warranty for Labor and Installation to Opportunity Home along with all Manufacturers’ Warranty documents.

VII. INVOICING:

A. Invoices. Invoices must contain a complete description of the work or service that was performed, the contract price for each service, the purchase order number, contract number (if applicable), date of service, and address of service location or delivery address. Contractor(s) must submit a separate invoice for each purchase order issued by Opportunity Home unless prior approval is obtained from Opportunity Home. To insure prompt and timely payment of invoices, and unless utilizing a progress payment schedule, invoices shall be sent electronically to the following address:

Accounts_Payable@homesa.org

If the Contractor does not have the capability to send invoices electronically they may be mailed to:

Opportunity Home San Antonio Finance and Accounting

P.O. Box 830428 San Antonio, TX 78283-0428 mailto:Accounts_Payable@saha.org

B. Progress Payments. If applicable, Opportunity Home may make progress payments approximately every 30 days as the work proceeds if work meets owner’s standards, as approved by the Contracting Officer. Opportunity Home may, subject to written determination and approval of the Contracting Officer, make more frequent payments to contractors which are qualified small businesses in accordance with HUD documents.

C. Direct Deposit. Upon the Award of Contract, Contractor shall complete a form for direct deposit to process all payments electronically to insure prompt and efficient payment of all invoices.

D. Contractor shall invoice Opportunity Home within 60 days after the delivery of the goods or service. If a contractor fails to invoice within 60 days Opportunity Home reserves the right to not pay the invoice.

VIII. Laws and Regulations

A. General. Opportunity Home is a governmental entity as that term is defined in the procurement statutes. Opportunity Home and this RFP and all resulting contracts are subject to federal, state and local laws, rules, regulations and policies relating to procurement as applicable.

Contractor shall comply with all local, state and federal laws concerning safety (OSHA) and environmental control (EPA and Bexar County Pollution Regulations) and any other enacted ordinance, code, law or regulation. Contractor shall be responsible for all costs incurred for compliance with any such possible ordinance, code, law or regulation. No time extensions shall be granted or financial consideration given to the Contractor for time or monies lost due to violations of any such ordinance, code, law or regulations that may occur.

B. Specific. Contractors shall comply with all statutes, rules, regulations, executive orders affecting procurements by Housing Authorities including but not limited to:

● Executive Order 11246

● Executive Order 11063

● Copeland “Anti-Kickback” Act (18 USC 874)

● Davis Bacon and Related Acts (40 USC 276a-276a-7)

● Clean Air & Water Acts (42 USC 1857(h); 33 USC 1368)

● Contract Work Hours & Safety Standards Act (40 USC 327-330)

● Energy Policy & Conservation Act (PL 94-163, 89 STAT 871)

● Civil Rights Act of 1964, Title VI (PL 88-352)

● Civil Rights Act of 1968, Title VIII (PL 90-284 Fair Housing Act)

● Age Discrimination Act of 1975

● Anti-Drug Abuse Act of 1988 (42 USC 11901 et. Seq.)

● HUD Information Bulletin 909-

● Immigration Reform & Control Act of 1986

● Fair Labor Standards Act (29 USC 201, et. Seq.

C. Incorporation. Each provision of law and each clause, which is required by law to be inserted in this RFP or any contract, shall be deemed to have been inserted herein, and this RFP and any resulting contract shall be read and enforced as though such provision or clause had been physically inserted herein. If, through mistake or otherwise, any such provision is not inserted or is inserted incorrectly, this agreement shall forthwith be physically amended to make such insertion or correction upon the application of either party. The fore-mentioned statutes, regulations and executive orders are not intended as an indication that such statute, regulation or executive order is necessary applicable nor is an omission of such statute, regulation or executive order intended to indicate that it is not applicable.

IX. Termination.

A. Early Termination. In the event any resulting contract is prematurely terminated due to non-performance and/or withdrawal by the Contractor, Opportunity Home reserves the right to seek monetary restitution (to include but not limited to withholding of monies owed) from the Contractor to cover costs for interim services and/or cover the difference of a higher cost (difference between terminated Contractor’s rate and new company’s rate) beginning the date of Contractor’s termination through the contract expiration date. The contract may be terminated under the following conditions:

a.Consent: By mutual consent of both parties, and b.Termination For Cause: As detailed within the attached HUD Forms.

Opportunity Home may terminate any and all contracts for default at any time in whole or in part, if the Contractor fails to perform any of the provisions of any contract, so fails to pursue the work as to endanger performance in accordance with the terms of the RFP or any resulting contracts, and after receipt of written notice from Opportunity Home, fails to correct such failures within seven (7) days or such other period as Opportunity Home may authorize or require.

c.Failure to Fund. Opportunity Home may terminate any contract resulting from this RFP in whole or in part, if funding is reduced, or is not obtained and continued at levels sufficient to allow for the expenditure.

d.Termination for Convenience: In the sole discretion of the Contracting Officer, Opportunity Home may terminate any and all contracts resulting from this RFP in whole or part upon thirty days prior notice to the Contractor when it is determined to be in the best interest of Opportunity Home.

B. Action Upon Termination. Upon receipt of a notice of termination issued from Opportunity Home, the Contractor shall immediately cease all activities under any contract resulting from this RFP, unless expressly directed otherwise by Opportunity Home in the notice of termination.

C. Remedies Cumulative. The rights and remedies of Opportunity Home provided under this section are not exclusive and are in addition to any other rights and remedies provided by law or under any contract.

D. Rights Upon Termination. In the event the contract is terminated for any reason, or upon its expiration, Opportunity Home shall retain ownership of all work products including deliverables, source and object code, microcode, software licenses, and documentation in whatever form that may exist. In addition to any other provision, the Contractor shall transfer title and deliver to Opportunity Home any partially completed work products, deliverables, source and object code, or documentation that the Contractor has produced or acquired in the performance of the contract.

X. General Conditions

A. Severability: If any provision of this agreement or any portion or provision hereof applicable to any particular situation or circumstance is held invalid, the remainder of this agreement or the remainder of such provision (as the case may be), and the application thereof to other situations or circumstances shall not be affected thereby.

B. Waiver of Breach: A waiver of either party of any terms or conditions of this agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any subsequent breach thereof. All remedies, rights, undertakings, obligations, and agreements contained in this agreement shall be cumulative and none of them shall be in limitation of any other remedy, right, obligation or agreement of either party.

C. Time of the Essence: Time is of the essence as to each provision in which a timeframe for performance is provided in this RFP. Failure to meet these timeframes may be considered a material breach, and Opportunity Home may pursue compensatory and/or liquidated damages under the contract.

D. Examination and Retention of Contractor’s Records: Opportunity Home, HUD, or Comptroller General of the United States, or any of their duly authorized representatives shall, until three years after final payment under all contracts executed as a result of this RFP, have access to and the right to examine any of the Contractor’s directly pertinent books, documents, papers, or other records involving transactions related to this contract…