5-2602-5653 Pre-Construction and General Contracting Service for EPC III - G14 Final 031226.docx (4).pdf

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Pre-Construction and General Contracting Service for EPC III
Solicitation number
2602-5653
Issued by
Bexar County, Texas

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RFP Summary: Pre-Construction and General Contracting Services for EPC III

This is a Request for Proposals (RFP) issued by Opportunity Home San Antonio (Housing Authority of the City of San Antonio, Texas) and its affiliated entities for pre-construction and general contracting services related to a HUD-approved energy performance contract phase III (EPC). The project involves energy and water conservation measures (ECMs) across 28 Opportunity Home properties located throughout San Antonio, encompassing 2,113 dwelling units. Specific ECMs include lighting retrofits, low-flow plumbing fixtures, attic insulation improvements, heat pump installations, and air sealing work. The RFP was issued on April 1, 2026, with a non-mandatory pre-submittal conference scheduled for April 21, 2026, at Opportunity Home Central Office. The deadline for submitting questions is April 27, 2026, at 4:00 PM Central Time, with proposals due May 29, 2026, at 2:00 PM Central Time. The Board of Commissioners is anticipated to approve the contract award by August 2026. The selected contractor will work with Opportunity Home to perform pre-construction and construction management services, coordinate with stakeholders, develop a Guaranteed Maximum Price (GMP), and provide contract administration throughout the project, which is expected to require no more than three months for completion depending on market demand. Work must be completed within twelve months of the Notice to Proceed for each construction phase, with a one-year warranty following final acceptance.

Evaluation will be conducted using a weighted scoring system totaling 100 points, with criteria including experience in energy efficiency retrofits (20 points), capacity and bonding ability (20 points), approach and methodology (25 points), cost proposal (25 points), Section 3 program utilization strength (5 points), and SWMBE utilization strength (5 points). Respondents must meet minimum qualifications including demonstrated expertise in general contracting of similar magnitude and scope within the past ten years, evidence of bonding capacity, and appropriate licensing. A 5 percent bid guarantee is required with proposals; successful contractors must provide performance and payment bonds equal to 100 percent of the contract cost. All work is subject to Davis-Bacon wage rate requirements, with minimum prevailing wage rates ranging from $7.25 to $9.66 per hour depending on trade classification. Section 3 program compliance is mandatory, with goals of 25 percent of total labor hours for Section 3 workers and 5 percent for Targeted Section 3 workers, plus 10 percent subcontracting goals with Section 3 business concerns. The project is funded through HUD assistance for public housing, with Davis-Bacon and Related Acts, prevailing wage, and federal labor standards regulations applicable throughout. Contractors must obtain all necessary permits, maintain builder's risk insurance, and comply with all federal, state, and local laws, including OSHA, EPA, and fair housing requirements.

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Request for Proposals (RFP)

Pre-Construction and General Contracting Service for EPC III for

Opportunity Home San Antonio and Affiliated Entities

Date Issued

April 1, 2026

RFP #

2602-5653

NIGP Code #

912-21

Closes

May 29, 2026 at 2 p.m.

Prepared by Opportunity Home San Antonio

Department of Procurement

President and CEO Michael Reyes

RFP# 2602-5653 // General Contracting Service for EPC III

Table of Contents

Section A - Background, Project and Evaluation Information 3 Opportunity Home Background 3

Information 4

Timeline 4

Evaluation 5

Section B – Instructions to Respondents 7 Point of Contact 7

Opportunity Home’s Reservation of Rights 8

Disqualification of Respondents 10

Award and Right to Protest 12

Section C - Information to be Submitted 14 Tabs 1 through 9 14-17

Section D - Terms and Conditions 18 Bonding 19

Section 3 Program Requirements 22

Subcontractors 22

Invoicing 24

Termination 26

Examination of Records 27

Force Majure 27

EXHIBITS and ATTACHMENTS

Project Requirements - Specification Attachment A

HUD Forms Attachment B

Profile of Firm, Company Biography, Listing of Subcontractors Attachment C

Section 3/SWMBE Program Guidelines and Forms Attachment D

Form of Proposal and Cost Proposal Attachment E

Proposal Checklist and Certification Attachment F

Insurance Requirements Exhibit I

Section A

Background, Project, and Evaluation Information

I. BACKGROUND INFORMATION

The Housing Authority of the City of San Antonio, Texas, a/k/a Opportunity Home San Antonio (“Opportunity Home” or “Owner”)) 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. INFORMATION

The Housing Authority of the City of San Antonio, Texas, and its affiliated entities a/k/a Opportunity Home San Antonio is in the development stages of a U.S. Housing and Urban Development (HUD) approved self-managed energy performance contract phase III (“EPC” or “Project”). An EPC is a financing tool where energy and water conservation measures (ECM) are financed and installed through future utility savings generated through reduced utility consumption. Examples of ECMs include lighting retrofits, low flow plumbing fixtures, appliances, building envelope improvements, furnaces, water heaters, boilers, and other energy and water savings improvements. A complete overview of Opportunity Home’s EPC can be found in Attachment A – Investment Grade Energy Audit and Performance Bid Specifications.

III. TIMELINE

DATE ISSUED April 1, 2026

NON-MANDATORY

PRE-SUBMITTAL CONFERENCE

Tuesday, April 21, 2026 See Schedule in Section B

LAST DATE FOR QUESTIONS 4:00 PM Central Time on Monday, April 27, 2026

PROPOSAL DUE DATE 2:00 PM Central Time on Friday, May 29, 2026

ANTICIPATED APPROVAL

BY THE BOARD

August 2026

PROPOSAL SUBMISSION

The proposal shall be submitted through Opportunity Home’s E-Procurement Portal https://homesa.bonfirehub.com/portal/?tab=login

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

IV. OBJECTIVES

Opportunity Home is seeking proposals from general contractors to provide pre-construction and construction management services for the complete implementation of the EPC. The Project will be located at 28 Opportunity Home properties located across San Antonio equating to 2,113 dwelling units. The Project scope and specifications are in Attachment A – Investment Grade Energy Audit and Performance Bid Specifications.

V. DESIRED OUTCOME

https://homesa.bonfirehub.com/portal/?tab=login

The awarded contractor will work with Opportunity Home to provide further value engineering and scope revisions to ensure the Project is within desired budget, develop a final Guaranteed Maximum Price (GMP) for the Project based on the final scope, coordinate with Opportunity Home and their consultants to optimize constructability, sequencing, scheduling, and other project details. The awarded contractor will also provide documents and coordinate with Opportunity Home, HUD, project lenders, utility companies, and other stakeholders.

VI. EVALUATION PROCESS

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

A. EVALUATION RESPONSIBILITY

Opportunity Home shall select a minimum of a three-person panel, using the Evaluation criteria established in, 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 may be confirmed by oral presentations, site visits, demonstrations, and references contacted by Opportunity Home. All proposals would be evaluated as to their overall value to Opportunity Home.

B. 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 Respondent will be excluded from participation on Opportunity Home’s evaluation panel.

C. 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

VII. EVALUATION CRITERIA SCORING

The evaluation panel will use the following criteria to evaluate each proposal:

NO. POINTS CRITERION DESCRIPTION

1 20 Experience: Respondent shows relevant and successful prior experience in energy and water efficiency retrofits, particularly in affordable housing multifamily buildings.

2 20 Capacity: Demonstrated availability of staff assigned to Project and expertise in projects similar to that which is contemplated in this RFP.

Bonding capacity and financial ability to provide the Services.

3 25 Approach & Methodology: Approach that outlines a a comprehensive and seamless process for performing the functions and activities in the scope of work. Described process ensures quality performance, cost control and ability to complete the Project within scope, schedule and budget responsiveness and coordination with staff and Project requirements.

4 25 Cost Proposal: The overall cost of the Project per the Respondent’s plans that meet all RFP requirements.

5 5 Strength of the Contractor’s Section 3 Program Utilization Plan

6 5 Strength of the Contractor’s SWMBE Utilization Statement

100 Total Points for Criteria

VIII. INTERVIEW AND PRESENTATION

Opportunity Home reserves the right to initially evaluate responses to the RFP to determine those Respondents who are qualified and competitively responsive. These short-listed Respondents may be asked to make a presentation and/or be interviewed by the evaluation committee so that Respondent’s Proposal Submittal may be clarified. Respondents shall provide product and service overviews and demonstrations as applicable for discussion and clarifications. For those firms short-listed and where presentations and/or interviews are conducted, Opportunity Home will evaluate and score interviewed respondents based on the strength and quality of their presentation.

XI. MINIMUM RESPONDENT QUALIFICATIONS

Respondents must meet the following criteria:

■ Have a demonstrated record of expertise in general contracting where services were rendered of a similar magnitude and scope as this Project within the past 10 years.

■ Able to provide evidence of capacity to obtain payment and performance bond for the project in the amount of the contract price.

■ Licensed to perform all scopes of work in this RFP.

END OF SECTION A

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

Vanessa Caballero, Assistant Director of Procurement Opportunity Home San Antonio 818 S. Flores St.

San Antonio, TX 78204 Phone: (210) 477-6703 Email: vanessa_caballero@homesa.org

TX TTY: 1-800-735-2989

The Request for Proposals can be obtained online at:

https://homesa.bonfirehub.com/portal/?tab=login

All Addenda will be posted on Opportunity Home’s E-Procurement website listed above. 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 proposer 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 Proposer, after the publication of the RFP and prior to the execution of a contract with the successful proposer(s) could result in disqualification of your proposal. In fairness to all prospective proposer(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 ensure no Proposer 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.

III. Non-Mandatory Pre-Submittal Conference:

An in-person pre-proposal conference will be held at Opportunity Home Central Office, located at 818 South Flores, San Antonio, Texas 78204 as indicated herein. The purpose of this conference is to assist Respondents in understanding the RFP documents and required https://homesa.bonfirehub.com/portal/?tab=login submittal documents. At this meeting, 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. The conference will be followed by property tours. See the schedule below.

Respondent PROPERTY TOUR SCHEDULE – Tuesday April 21, 2026 Description Time Location Scope Items

Project Overview and Introduction 8:30 AM

OHSA Central Office 818 S. Flores St., SATX, 78204

All

William Sinkin Apartments 10:00 AM 1518 Amanda St.

SATX, 78210

HP1

EN1

Morris C. Beldon Apartments 11:30 AM 7511 Harlow Dr.

SATX, 78218 HP1

Pin Oak Apartments 2:00 PM 7190 Oaklawn Dr.

SATX, 78229

EN1

EN2

NOTE:

The pre-proposal property tour meeting will be an in-person event (see above schedule) where Respondents and their subcontractors/trades are encouraged to attend a discussion on general project overview with a question/answer session followed by a tour of Opportunity Home’s EPC properties and review of applicable ECMs.

Opportunity Home reserves the right to modify this schedule at its discretion. Notification of changes in connection with this solicitation will be made available to all interested parties via an emailed Addendum and by posting on Opportunity Home’s website and other websites.

IV. Opportunity Home’s Reservation of Rights: Opportunity Home reserves the right without liability to:

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

● Not award a contract pursuant to this RFP.

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

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

RFP.

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

● 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.

● 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.

● 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 time frame shall relieve Opportunity Home, but not the prospective Respondents, of any responsibility pertaining to such issue.

● 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.

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

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

● 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.

● 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).

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

● 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.

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

● 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 and 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. Submission of Responses: Respondents shall submit all documents through the Opportunity Home Bonfire E-Procurement system.

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 Texas 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:

● 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.

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

● 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 competitive advantage over other Respondents.

● 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:

● 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.

● Unless otherwise requested, more than one proposal for the same work from an individual, firm, or corporation under the same or different name(s).

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

● 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.

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

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

● Failure to demonstrate minimum qualification requirements of Opportunity Home.

● 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 performance of the Services.

● 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.

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

XII. Questions and 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 by the date indicated in “Section III - Timeline.” Queries should be concise and reference the specific portions of the RFP document where clarification is required.

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 services 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 evaluated 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, if applicable. The Selected Contractor will then enter into an agreement with 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 Contractor 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 to include or not 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.

A.1 Definition: An alleged aggrieved “protestant” is a prospective respondent 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.

A.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.

A.3 Procedure: Any actual or prospective contractor may protest the solicitation or award of a contract for a material violation of Opportunity Home’s procurement policy. Any protest against an 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 that 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. 2602-5653

Opportunity Home San Antonio Attn: Procurement Department

818 South Flores Street San Antonio, TX 78204

END OF SECTION B

Section C Information To Be Submitted

The response to this RFP shall be submitted in the manner described in this Section. 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.

C.1 Tab 1: Form of Proposal

The Form of Proposal is included as Attachment E in this RFP document and must be fully completed and submitted under this tab as part of the submittal on the Respondent’s letterhead.

C.2 Tab 2: HUD Forms, Conflict of Interest Questionnaire, and Form 1295

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

C.3 Tab 3: Profile of Firm, Company Biography, and Proposed Subcontractors

The Profile of Firm and Company Biography forms are attached hereto as Attachment C to this RFP document. These forms must be fully completed, executed, and submitted under this tab as a part of the submittal by the Respondent.

Respondents must also provide Opportunity Home with the name, contact information to include address, phone number, email address, the core area of business, and years of expertise for each subcontractor and supplier and the minority status of each. A Profile of Firm Form must be completed for each subcontractor and included in this Tab. Respondent must realize that the actual usage of the subcontractor will be contingent upon Opportunity Home’s prior written approval, and Respondent remains responsible to Opportunity Home for any and all services and goods provided pursuant to this RFP and any resulting contract. If no subcontractors will not be utilized, please provide this statement: “NO SUBCONTRACTORS. Contractor intends to perform all work detailed in this RFP”.

C.4 Tab 4: Evaluation Factors

The Respondent must submit information relevant to each of the following evaluation factors:

A. Experience:

■ Provide details on any experience with energy and water efficiency retrofits, particularly in multi-family buildings and energy performance contracts. Detail the prior project size, scope, duration, cost, and owners contact information (phone, email, and address).

■ Provide detail on prior affordable housing projects, HUD projects, and public housing authority projects including project size and date and contact references.

■ Provide a record of Respondent’s expertise in general contracting where services were rendered of a similar magnitude and scope as this project within the past 10 years.

■ Provide details on work experience with utility companies to capture energy and water savings rebates.

■ If applicable, provide the details and organizational chart of any proposed joint venture and a summary listing of previous work accomplished by the joint venture. Include an organization chart reflecting how responsibilities will be divided, how expenses and profits will be divided. Also, show each firm’s staffing role.

B. Capacity:

■ Provide a separate graphic organizational structure complete with working titles for each proposed individual who will be working directly on project for project duration (pre-construction and construction).

■ Provide job descriptions and responsibilities and authority for each working title.

■ Provide anticipated staff assignments for key positions with names and resumes.

■ Provide a staff schedule by name, position, and man-hours (assuming 8 hour days) per month estimated on the Project.

■ Provide current workloads of all named staff assigned to this Project and schedules for completion of their current assignments.

■ Provide a description of services which are anticipated to be subcontracted for, exclusive of general conditions.

■ Describe subcontractor construction work, qualifications, and indicate how coordination of subcontracted services will be accomplished.

■ Identify ability to self-perform any scope of work.

■ Describe Respondent’s bonding capacity for the Project with current and anticipated projects and provide a letter from surety confirming bonding capacity.

■ Provide a certified financial statement of firm and overview of firm’s financial soundness & stability.

C. Approach and Methodology:

■ Describe the methodology (project approach) that clearly and concisely identifies how

Respondent’s team will approach the direct construction portion of this Project that includes managing the scope of work across multiple properties and working in occupied units.

■ Describe the methodology (project approach) that clearly and concisely identifies how Respondent’s team will illustrate open-book pricing of hard subcontractor bids. Describe how Respondent will confirm on-site constructability issues that may impact the Contract

Price, including ECM-specific items such as attic access in multi-building sites, refrigerant lineset routing, etc.

■ Identify how the firm will work toward meeting the Owner’s MBE/WBE goals and the recommended reporting process to the Owner staff for monitoring the progress of the Respondent’s efforts toward meeting MBE/WBE goals.

■ Provide a complete listing of assumptions and conditions associated with Respondent’s proposal.

■ Respondent shall describe their approach to assisting with and/or securing utility rebates, grants, etc. including a list of which subcontractors are registered CPS trade allies.

■ Respondent shall propose any value engineering modifications that it identifies in the current specification and provide how such modifications provide best value in performance and cost.

■ Respondent shall describe their general approach to a best value heat pump installation for ECM 6.1.1.

■ Respondent shall describe their approach to identifying potential constructability issues specifically related to attic access for ECM 6.2.1.

C.5 Tab 5: Section 3 Business Concern Preference

Any Respondent claiming a Section 3 Business Concern 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 the firm qualifies as a Section 3 Business Concern, the proposal will receive a preference over other respondents as specified in Attachment D.

C.6 Tab 6: Section 3 Program Utilization Plan

Respondents are required to complete and submit the Section 3 Program Utilization Plan outlining their efforts to employ qualified Section 3 businesses or persons. The goal as stated in the Section 3 Program Utilization Plan is thirty percent (25%) of new hires for Section 3 persons per contract. The subcontracting goal is ten percent (10%) for Section 3 Businesses for non-construction contracts. Opportunity Home will provide a listing of qualified Section 3 Businesses upon request. FAILURE TO PROVIDE THE SECTION 3 PROGRAM UTILIZATION

PLAN MAY CAUSE THE RESPONSE TO BE DISQUALIFIED AS NON-RESPONSIVE.

C.7 Tab 7: Small, Woman, Minority Business Enterprises Utilization Statement

The Respondents shall submit a statement 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 companies should be listed here. FAILURE TO PROVIDE A S/W/MBE UTILIZATION

STATEMENT MAY CAUSE THE RESPONSE TO BE DISQUALIFIED AS NON-RESPONSIVE.

C.8 Tab 8: Pricing Sheet:

Respondents shall fully complete and submit the Pricing Sheet found in Exhibit F of the RFP. A PDF of Exhibit F must be submitted where indicated and the spreadsheet provided in the Euna Portal must be completed. Please note that pricing should be warranted for 270 days.

Respondent shall provide documentation of any markups, overhead, and profit margins, fees, and contingency that will be included in its pricing.

Respondent’s proposed cost must be inclusive of all necessary costs to provide the proposed construction project, including, but not limited to: employee costs and benefits; clerical support;

overhead; profit; supplies; materials; licensing; insurance, bonding; etc. Each price proposed shall be fully “burdened” with profit, overhead and all other associated costs to deliver a complete project as specified herein.

C.9 Tab 9: Proposal Checklist and Certification

By completing the Proposal Checklist (Attachment F), respondent shall certify that the Proposal documents are complete and included in the response. The Respondent’s Certification contained in Attachment F shall also be completed and attached.

END OF SECTION C

Section D Terms and Conditions

These Terms and Conditions shall be considered minimum required terms of any Contract between the Successful Respondent and Opportunity Home. Any exceptions to the requirements of these terms shall be noted in the proposal. The Agency shall have no obligation to accept any exceptions and may reject any proposal noting exceptions to its contract requirements.

I. GENERAL RESPONSIBILITIES

A. Service Requirements: The Contractor shall provide the Services in accordance with the Scope of Work and Bid Specifications detailed in Attachment 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.

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: Contractor shall perform criminal history checks on all employees performing work on Opportunity Home property and if requested provide summaries of the results to Opportunity Home. Prospective employees whose criminal history checks disclose 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 checks will be completed at the sole expense of the Contractor.

G. Drug Testing: Respondent by submitting a response to this solicitation certifies that it is in compliance with the “Drug Free Workplace Act.” Respondent agrees that if awarded a contract and upon a reasonable request by Opportunity Home respondent will have tested immediately any employee suspected of being under the influence of drugs or alcohol and, if positive, remove them permanently from assignments on Opportunity Home owned properties.

H. 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.

I. Proposed Cost:

a. Base Costs: Contractor’s proposed fee for each item is inclusive of all necessary costs to provide the proposed services, including, but not limited to: employee costs and benefits; clerical support; overhead; profit; supplies; materials; licensing; insurance;

vehicle fuel, etc. Each fee proposed shall be fully “burdened” with profit and overhead costs.

J. “Or Equal”: Catalogs, brand names, or manufacturer’s references where provided are descriptive only and indicate type and quality desired. Bids on brands of like nature and quality will be considered unless specified otherwise. If bidding other than the referenced manufacturer, brand, or trade name, Bidder must provide a complete description of the product offered, and illustrations and must be included in the bid submittal. Failure to include the above-referenced data will require the Contractor to furnish the specified brand names, numbers, etc.

K. Type of Contract: This is a project based contract. Opportunity Home anticipates the build-out of the Project should take no more than 3 months depending on market demand.

L. Bid Guarantee, Performance and Payment Bonds: All Surety Bonds shall be issued by companies licensed to do business in the State of Texas, approved by the U.S. Treasury, and “A” rated or better by A. M. Best. Individual Sureties will not be accepted.

a. Bid Guarantee: Opportunity Home requires a Bid Guarantee for this bid in the amount of 5% of the Base Bid, which shall be submitted with the Bid Fee Sheet. Proposals without a Bid Guarantee will be rejected. Nonsurety Bid Guarantees must be in guaranteed funds such as: Cashier’s Check, Certified Check, Bank Draft, irrevocable letter of credit, or similar cash instrument.

b. Performance and Payment Bond: The selected Contractor must provide Opportunity Home with Performance and Payment bonds equal to 100% of the cost of the work for each phase of seven (7) homes when the Release is issued for that phase. All Surety Bonds shall be issued by companies licensed to do business in the State of Texas, approved by the U.S. Treasury and “A” rated or better by A. M. Best. Acceptable Payment & Performance Bonds shall be provided to Opportunity Home within 10 days of the lot release and prior to any construction activities.

M. Permits: Permits are the responsibility of the awarded contractor.

N. Communications:

a. Form: All claims, notices, demands, requests, instructions, approvals and proposals must be submitted in writing.

b. Notice to Contractor: Any Notices or Demands upon the Contractor shall be sufficiently given if delivered at the office of the Contractor stated on the signature page of the Contract or at such other office as they may from time to time designate in writing to Opportunity Home or deposited in the United States mail in a sealed, postage-prepaid envelope or if delivered with charges prepaid to any telegraph company for transmission and addressed to the office of the Contractor indicated on the signature page of the contract or such other address as may be subsequently specified in writing to Opportunity Home.

c. Notice to Opportunity Home: All notification papers required to be delivered to Opportunity Home or its designated representative shall, unless otherwise specified in writing to the Contractor, be delivered to attn. Procurement, Opportunity Home at 818 South Flores, San Antonio, Texas, 78204; and any notice to or demand upon Opportunity Home shall be sufficiently given if so delivered or deposited in the United States mail in a sealed, postage-prepaid envelope or delivered with charges prepaid to any telegraph company for transmission to Opportunity Home at the above address or to such other address as Opportunity Home may subsequently specify in writing to the Contractor for such purpose.

d. Receipt: Any such notice shall be deemed to have been given as of the time of actual delivery; or in the case of mailing, when the same should have been received in due course after the date of surrender to the Post Office; or in the case of telegrams, at the time of actual receipt, as the case may be.

O. Calculations: The Contractor is responsible for field verifying the conditions and quantities required to deliver a complete and functional project. This shall include but is not limited to:

demolition, disposal, preparation, installation, overhead, profit, bonding, general liability, labor burden, weather conditions, field verified quantities, and encumbrances. All Respondents’ submitted Unit Price Items must include these variables. Opportunity Home shall not pay additional sums for a Respondent’s failure to factor these conditions into the Proposals. Failure to consider any of the factors listed shall not negate the Contractor’s responsibility to perform if awarded a contract under this RFP.

a. Estimated Quantities: Any quantities provided herein are strictly estimates unless specified otherwise. It is the Respondent’s responsibility to determine the exact quantities required to provide a complete, finished, functional, and operational product.

Unit prices, if requested, are to be utilized only for additional work requested by Opportunity Home.

P. Project Occupancy: For the purposes of this solicitation the developments shall be considered fully occupied. The project site may also have various construction zones, phasing, mobilization, as well as other Contractors working on-site. Respondents must include these variables in their proposed fees. Opportunity Home shall not pay additional sums for a Respondent’s failure to factor these conditions into their submittal.

Q. Time for Completion: The Contractor shall immediately mobilize and commence work at the time stipulated in the Notice to Proceed to the Contractor. The Contractor shall be expected to complete each construction phase within twelve (12) months of the Notice to Proceed for that phase. Once a Notice to Proceed has been issued, the selected Contractor will be allowed to make monthly draws based on completed work in accordance with the approved Schedule of Values with a 30 day net at each draw and 10% retainage.

R. Safety: Subject to prior approval by Opportunity Home as to size, design, type, and location, and to local regulations, the Contractor and subcontractors shall erect Temporary Safety Signs for purposes of identification and controlling traffic. The Contractor shall furnish, erect, and maintain such signs as may be required by safety regulations and as necessary to safeguard life and property.

S. Builder’s Risk: Contractor is required to acquire Builder’s Risk Insurance for any project or projects resulting from this solicitation. In any case, Opportunity Home will not be responsible for any loss to Contractor’s tools, materials, supplies, the building or project or any other coverage normally covered under Builder’s Risk Insurance. See HUD form 5370 attached.

a. Damages: Any vandalism, including graffiti, must be addressed by the next business day.

T. Storage: The Contractor and their subcontractors may maintain with approval by the Opportunity Home Property & Project Managers various Storage Facilities on the site as may be necessary for the proper conduct of the work. These shall be located to cause no interference with any work to be performed on the site by the Contractor or others. The Contractor shall consult with Opportunity Home regarding the location(s) of these facilities on each site.

U. Removal of Temporary Facilities: Upon completion of the project, or as directed by Opportunity Home, the Contractor shall remove all temporary structures and facilities they installed from the site and leave the premises in equal or better condition than it was at turnover.

V. Final Inspection:

a. Notice: The Contractor shall provide prompt written notification to Opportunity Home when all work is completed. A final project inspection shall be made when all work is completed. Until the final inspection has been made and the project accepted by Opportunity Home, Opportunity Home shall not advance any of the retainage or make the final payment to the Contractor without the approval and concurrence of the Contracting Officer. Final payment will be made upon acceptance by Opportunity Home of a completed house.

b. Inspection Date: Upon receipt of the Contractor’s notification of the date when the work has been completed, Opportunity Home shall conduct a final Inspection within two (2) calendar days.

c. Inspection Participants: The final inspection shall be conducted by a Opportunity Home representative/s, any System Manufacturer’s Representative/s, and the Contractor’s representative/s at a minimum.

d. Inspection Conference: The inspection team shall meet after completing the final inspection to determine whether the work has been completed in accordance with these specifications and produce a Punch List Schedule which describes any minor items of incomplete or unsatisfactory work and document if there are any major deficiencies which must be corrected by the Contractor and additional inspections scheduled prior to contract settlement.

W. Settlement Documents: The settlement document shall state that the work was completed in accordance with the construction documents, including change orders except any minor items identified on Opportunity Home’s proposed certificate of completion, the total amount due to the Contractor and a separately stated amount for each unsettled claim against Opportunity Home. It shall also state that Opportunity Home is released of all liens and all claims except those expressly stated in the Contractor’s release and that wages paid to laborers or mechanics were consistent with the wage rate requirements of the contract and there are no outstanding claims for unpaid wages, materials, or supplies.

X. Wages: Contractor shall pay all salaries and expenses of, and all Federal, Social Security taxes, Federal and State…

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