RFP 2607-5702 Villa Hermosa Fire Protection and HVAC Retrofit Project (1).pdf

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Attached to
Villa Hermosa Fire Protection and HVAC Retrofit Project
Solicitation number
2607-5702
Issued by
Bexar County, Texas

About this file

This is a Request for Proposals (RFP) issued by Opportunity Home for fire protection and HVAC retrofit services at Villa Hermosa apartments located at 327 N Flores Street, San Antonio, Texas 78205. The primary project involves the design and installation of a Fire Protection Retrofit System, with a secondary HVAC Retrofit Project available for award contingent upon satisfactory performance of the primary project. Independent contractors with demonstrated professional competence and experience in fire protection systems are sought to submit proposals. Both projects, if awarded, must achieve Substantial Completion within 240 calendar days from the Notice to Proceed. The RFP specifies detailed scope requirements, technical specifications, and performance standards for the fire protection retrofit system, including sprinkler installation, fire alarm systems, and related components. Respondents are required to provide comprehensive project plans, timeline schedules, and evidence of qualifications including relevant project experience and professional certifications.

The RFP requires submission of detailed pricing for all labor, materials, equipment, permits, and related costs associated with the primary and secondary projects. Pricing should include allowances for contingencies and clearly delineate costs between the Primary and Secondary Projects. Bidders must demonstrate financial stability and provide evidence of bonding capacity sufficient to cover the full contract value. The evaluation criteria emphasize technical qualifications, relevant experience with similar fire protection retrofit projects, proposed timeline feasibility, pricing competitiveness, and contractor references. All proposals must be submitted by the deadline specified in the RFP, with award anticipated following evaluation and approval by Opportunity Home. The contract will be governed by applicable Texas state and local regulations, prevailing wage requirements if applicable, and standard construction contract terms and conditions.

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Request for Proposals (RFP) Villa Hermosa Fire Protection and HVAC Retrofit

Project for

Opportunity Home San Antonio and Affiliated Entities

Date Issued

July 17, 2026

RFP #

2607-5702

NIGP Code # 909-00

Closes

August 7, 2026 at 2 p.m.

Prepared by Opportunity Home San Antonio

Department of Procurement

President and CEO Michael Reyes

RFP# 2607-5702 Villa Hermosa Fire Protection and HVAC Retrofit Project

Table of Contents

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

Information 5

Timeline 5

Evaluation 6

Section B – Instructions to Respondents 8 Point of Contact 8

Opportunity Home’s Reservation of Rights 9

Disqualification of Respondents 11

Award and Right to Protest 12

Section C - Information to be Submitted 14 Tabs 1 through 8 14-16

Section D - Terms and Conditions 17 Bonding 18

Section 3 Program Requirements 21

Subcontractors 21

Invoicing 23

Termination 24

Examination of Records 25

Force Majeure 26

EXHIBITS and ATTACHMENTS Minimum Project Requirements Attachment A HUD Forms, Conflict of Interest Questionnaire, and Certificate of Interested Parties (Form 1295)

Attachment B

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

Section 3/Small Local Business 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. OPPORTUNITY HOME BACKGROUND

Founded in 1937, and formerly known as the San Antonio Housing Authority (SAHA), Opportunity Home San Antonio (“Organization”) has committed more than 80 years to build and maintain affordable housing for the residents of San Antonio.

Opportunity Home is one of 39 public housing authorities throughout the nation with the Moving-to-Work (MTW) designation, which provides agencies with the flexibility to design and test innovative approaches to enhance the agency’s programs.

Opportunity Home provides housing assistance to more than 65,000 children, adults, and seniors through its Public Housing, Housing Choice Voucher, and Mixed-Income housing programs. As a compassionate agency, we understand safe and quality affordable housing is the foundation to success, and we have the privilege of managing nearly 70 public housing communities, 46 mixed-income apartment complexes, known as Beacon Communities, and administering nearly 14,000 rental vouchers throughout San Antonio.

Opportunity Home is one of the largest housing authorities in the state of Texas and has an existing team of experienced staff and consultants assembled to facilitate the redevelopment of its properties.

Opportunity Home is committed to creating dynamic communities where people thrive and spurs economic growth through the awarding of local contractors with housing development projects, obtaining real estate, and administering rental subsidies with private property owners.

Opportunity Home is managed by a President and CEO with an innovative executive team and with the guidance of seven Board of Commissioners appointed by the Mayor of San Antonio. 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.

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 the United States Department of Housing and Urban Development (HUD) to manage and operate its low rent public housing program and administers the Housing Assistance Payments Programs. Opportunity Home programs are federally funded along with development and modernization grants and rental income.

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 more than 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 consultants 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, 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 low-income individuals in the communities we serve. All consultants are required to recruit and hire low-income individuals for new positions and provide training and educational opportunities to the greatest extent feasible for these individuals.

II. INFORMATION

Opportunity Home is seeking proposals from independent contractors (“Respondent”) with demonstrated professional competence and experience to provide a primary project of Fire Protection Retrofit System (“Primary Project”) with the possibility of award of a secondary HVAC Retrofit Project (“Secondary Project”) at Villa Hermosa apartments, located at 327 N Flores St.

San Antonio. TX, 78205 (collectively called the “Projects”). The Primary Project and Secondary Project if awarded must be achieved Substantial Completion no later than 240 calendar days from Notice to Proceed (the “Substantial Completion Date”).

III. TIMELINE

DATE ISSUED July 17, 2026

MANDATORY

PRE-SUBMITTAL CONFERENCE

MANDATORY PRE-SUBMITTAL MEETING AND

SITE VISiT

Villa Hermosa Apartments 327 N Flores St.

San Antonio, TX 78205 July 23, 2026 9:00 A.M.

LAST DATE FOR QUESTIONS 2:00 P.M. Central Time on July 30, 2026

PROPOSAL DUE DATE 2:00 P.M. Central Time on August 7, 2026

ANTICIPATED APPROVAL

BY THE BOARD

TBD

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’s objective is to receive qualified and experienced independent general contractor services to assist Opportunity Home in the Primary Fire Protection Retrofit Project and Secondary HVAC Retrofit Project if awarded at Villa Hermosa apartments, in compliance with all applicable requirements under Opportunity Home programs and in accordance with the Attachment A Minimum Project Requirements. The selected Contractor will be required to interact and coordinate with the future general contractor for the Villa Hermosa building rehabilitation project with any identified modifications to the Fire Protection and/or HVAC system that may be required, including further inspections, due to conflicts, integration concerns or code compliance issues that arise during the rehabilitation project. This coordination may occur during the selected Contractor’s 2 year installation warranty.

V. DESIRED OUTCOME

Opportunity Home desires to engage a qualified independent general contractor by way of a firm fixed contract. The successful Respondent will assume responsibility for the Primary Project Fire Protection and Secondary HVAC Retrofit Project if awarded at Villa Hermosa apartments.

VI. EVALUATION CRITERIA

Respondent’s proposal for the Primary Project and if submitted, the Secondary Project will be evaluated based upon the following information and criteria:

A. Respondent’s Experience: The Respondent’s industry experience, references, past performance, and other relevant experience. Respondents shall also be measured on its ability to deliver and complete the Services for both the Primary and Secondary Project as applicable in accordance with the Minimum Project Requirements described in Attachment A and to maintain the availability of skilled individuals as required.

B. Project Management Plan: Soundness of proposed Primary and Secondary Project approaches, methodology, deliverables, and plans that clearly demonstrate the Respondent’s ability to meet deadlines and complete requested Services within schedule deadlines and budget.

C. Financial Capacity and Viability: The Respondent shall be able to demonstrate its financial capacity and viability to support the proposed Projects.

D. Cost Proposal: The Respondent’s proposed cost must be inclusive of all necessary costs to provide the proposed Projects, including, but not limited to: employee costs and benefits;

clerical support; overhead; profit; supplies; materials; licensing; insurance; bonding, etc.

E. Past Performance: The Respondent must demonstrate a proven track record of meeting milestones, maintaining budget control, resolving unforeseen technical issues effectively, and delivering high levels of customer satisfaction.

E. Responsiveness of Submission: A responsive submission must strictly adhere to submitting documents in the requested tabs, meeting all submission deadlines, complying with page limits, and including all mandatory forms. Proposals must be complete, clear, and concise. The proposal must address every requirement in the MInimum Project Requirements directly and logically, without omitting requested details, substituting boilerplate marketing material for specific answers, or leaving questions blank.

VII. EVALUATION CRITERIA SCORING

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

NO. POINTS CRITERION DESCRIPTION

1 30 Experience: The Respondent firm’s prior experience building and/or renovating fire protection and/or HVAC systems at multi-family or duplex residential housing and affordable housing sites.

2 20 Project Management Plan: Proposed Primary Project and Secondary Project approaches, if submitted, that are comprehensive and reflect sufficient expertise in scope and execution. Schedule reflects ability to complete in time allotted or earlier, Respondent firm’s approach to subcontracting and description of supervision to be provided.

3 20 Financial Capacity and Viability: The Respondent firm’s financial and bonding capacity to undertake ongoing construction activities.

4 20 Cost Proposal: The overall cost to complete the work of the Primary and/or Secondary Projects per the Respondent firm’s submitted plans that meet all RFP requirements.

5 5 Past Performance: The Respondent firm’s track record, technical capability, and reliability on similar projects.

6 5 Responsiveness of Submission: Completeness, clarity, and compliance of the Respondent proposal in direct relation to the instructions outlined in this

RFP.

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 Submittals 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.

IX. 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.

X. 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.

XI. MINIMUM RESPONDENT QUALIFICATIONS

Respondents must meet the following criteria:

1. Possess a demonstrated record of expertise in the Fire Protection and HVAC Retrofit, if applicable, of multi family units similar to that contemplated herein for the past five years.

2. Key personnel and persons assigned to the Primary Project and Secondary Project, if awarded, shall be professionals, and each shall demonstrate a minimum of five years of continuous specialized experience in their respective disciplines.

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

Christian Herrera , Sr. Contract Specialist

818 S. Flores St.

San Antonio, TX 78204 Phone: (210) 477-6254 Email: christian_herrera@homesa.org

The Request for Proposals can be obtained online at:

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. Mandatory Pre-Submittal Conference: July 23, 2026. 9:00 A.M.(See Section A-III Timeline).

Opportunity Home is planning a pre-proposal conference, during which potential contractors may obtain a better understanding of the work required.

(b) Respondents are encouraged to submit all questions in writing at least one day prior to the conference. Questions will be considered at any time prior to, or during, the conference; however, Respondents will be asked to confirm verbal questions in writing. Subsequent to the conference, an amendment to the solicitation containing an abstract of the questions and the answers, and a list of attendees, will be made publicly available.

(c) In no event shall failure to attend the pre-proposal conference constitute grounds supporting a protest or contract claim.

(d) Respondents are cautioned that, notwithstanding any remarks, clarifications, or responses provided at the conference, all terms and conditions of the solicitation remain unchanged unless they are changed by written Addendum. It is the responsibility of each Respondent, prior to submitting a proposal, to seek clarification of any perceived ambiguity in the solicitation or created by an Addendum of the solicitation.

(e) The pre-proposal conference will be held at the places and times outlined in Section A.

During the conference, an opportunity to visit the site of the work and inspect equipment/furnishings on which maintenance or repairs are to be performed will be offered to attendees.

(f) Respondents are expected to satisfy themselves regarding all conditions that may affect the work required or the cost of contract performance. In no event shall failure to inspect the site and/or equipment constitute grounds for any protest or contract claim

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

● Reject any or all proposals for the Primary or Secondary Project, 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.

IV. 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.

V. 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.

VI. 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.

VII. Submission of Responses: Respondents shall submit all documents through the Opportunity

Home Bonfire E-Procurement system.

VIII. 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.

IX. 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.

X. 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.

XI. 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.

XII. 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.

XIII. 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.

XIV. 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.

XV. Award: Submissions will be evaluated on the criteria stated in Section A of this RFP for the

Primary Project and the Secondary Project if submitted. After evaluation of the responses, the Contract for the Primary Project and optional Secondary Project may be awarded to the Respondents representing the “Best Overall 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. Opportunity Home reserves the right to award one or both of the Projects, reject any or all proposals for the Primary and/ or Secondary Project, 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.

XVI. 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.

XVII. 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.

XVIII.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.

XIX. 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. 2607-5702

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.

The information requested herein includes information regarding the ability of the Respondent to successfully complete the Primary Project. Information is also requested from Respondents who want to be considered for both the Primary Fire Protection and Secondary HVAC Project. Respondents must submit its proposal for the Primary Project however submission of information regarding Respondent's ability to successfully perform the Secondary Project shall be considered optional. Opportunity Home intends to examine what is considered in the best interest of Opportunity Home and reserves the right to award the Primary Project solely or in combination with the Secondary Project.

C.1 Tab 1: Form of Proposal, Bid Fee Sheet and Schedule of Values

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.

Each Respondent shall submit its proposal to Opportunity Home which includes the preliminary plans for the comprehensive fire protection Primary Project for Villa Hermosa apartments, that meet or exceed the Opportunity Home Minimum Project Requirements found in Attachment A.

Respondent shall complete the same for the Secondary Project if Respondent wishes to be considered for both Projects. A schedule is provided as part of Attachment A for compiling the total proposal. After the Respondent has been evaluated as the lead Respondent, Opportunity Home will consider substitutions to the Minimum Project Requirements and design requirements by the selected Respondent if the changes improve the functionality, appearance, construction cost, or sustainability of the property. Those changes must be specifically approved by Opportunity Home and its consultants.

The Proposal Fee Sheet must be completed separately and attached accordingly. These Forms must be fully completed, and submitted under this tab through Opportunity Home’s e-Procurement Portal. Any exceptions to the specifications or terms must be placed under this tab and “CLEARLY” labeled as such. Placement elsewhere shall render them null and void and they will not be considered.

Respondent(s) must provide a Schedule of Values utilizing the HUD Form 51000 or a similar form(example AIA G703 format). A copy of the 51000 is included in Attachment B. ("TO BE COMPLETED BY THE AWARDED Respondent")

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. The Contractor intends to self 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 for the Primary Project and Secondary Project if Respondent wishes to be evaluated for both Projects :

A. Experience: Respondent shall provide information on:

1. The experience of the firm and the staff directly responsible for the services reflecting experience in projects similar to that contemplated herein as outlined in the Minimum Project Requirements.

2. Relevant experience of key staff members and their familiarity with product replacement and renovation similar to that which will be involved with the applicable Project.

3. The Respondent’s previous experience involving construction quality control (QC) and quality assurance (QA) programs, including the Respondent’s experience in providing sampling, inspection, testing and reporting services.

Describe how the team has structured the QC/QA function so as to ensure independent and professional QC/QA decisions and control.

4. The Respondent shall provide evidence of successful completion of Fire Control and HVAC renovation projects (if applicable) similar to those described herein in the past five (5) years.

B. Project Management: Respondent shall provide a detailed narrative of the Respondent’s approach and understanding of the Primary Project, and Secondary Project if applicable, , including an assessment of the major tasks to be performed, the major risk elements affecting the Projects, defining the number of crews, work schedule, team organization, key individuals, and quality control plan. A Gantt chart shall be submitted for the proposed scheduling and sequencing for renovation activities. Describe the material, equipment, and qualified personnel resources available to the Respondent, which it can and will commit to the Projects. Discuss the current backlog of each member of the team and the capacity to perform the Services. Specifically, include a detailed discussion, based on present workload and limited manpower and equipment resources, on how the team intends to sufficiently provide staff and equipment to perform the Services. Describe the safety record and safety programs of the team and its members.

Describe any project which resulted in assessment of liquidated damages or stipulated damages in excess of $25,000 involving the Respondent, or any team member that will have primary responsibility for construction work during the last five years. Describe the causes of the delays and the amounts assessed. For each instance, identify an owner’s representative with a current phone and fax number (and e-mail if available)

C. Financial Capacity and Viability: Respondent shall provide information demonstrating ability to meet the bonding requirements of the Contract by submitting a letter from the firm’s surety stating that it has sufficient capacity for the Primary Project and Secondary Project if applicable The Respondent shall also provide evidence that it has sufficient financial resources to undertake the the Primary Project and Secondary Project if applicable. This may include copies of most recent financial statements, lines of credit and/or most recent audit if available.

D. Cost Proposal: Respondent shall complete Attachment E - Cost Proposal. 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.

E. Past Performance Disputes. Provide a separate list and a brief description (including the resolution) of each arbitration, litigation, dispute review board and other dispute resolution proceeding occurring during the last five years involving the Respondent members, any team member that will have primary responsibility for construction work and involving an amount in excess of $250,000 related to performance in major capital projects. Identify an owner’s representative with a current phone and fax number (and e-mail if available.

C.5 Tab 5: Section 3 Business Concern Preference and Program Utilization Plan

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.

Respondents may 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.

C.6 Tab 6: Small and Local Business Utilization Statement

The Respondent is required to include hereunder a plan to assist Opportunity Home in its responsibility to foster the development of small and local businesses by identifying subcontracting opportunities with small and local business companies. The contractor is required to show a good faith effort to employ small and local business firms in the execution of this project.

C.7 Tab 7: 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 and shall govern each Project if awarded. 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

Minimum Project Requirements 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: Opportunity Home anticipates the build-out of the Project should take no more than 18 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 Project awarded. 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 unoccupied.

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