RFP 2608-5705 Water Management Services (1).pdf

Request for Proposals (RFP) Water Management Services for

Opportunity Home San Antonio and Affiliated Entities

Date Issued

September 25, 2026

RFP #

2608-5705

NIGP Code # 926-93

Closes

October 16, 2026 at 2 p.m.

Prepared by Opportunity Home San Antonio

Department of Procurement

President and CEO Michael Reyes

RFP# 2608-5705 Water Management Services

Table of Contents Section A - Background, Project, and Evaluation Information 3

Opportunity Home Background 3-4

Information 5

Timeline 5

Evaluation Criteria 6

Evaluation Criteria Scoring 7

Section B - Instructions to Respondents 8 Point of Contact 9

Submission of Responses 10

Questions and Inquiries 11

Award 12-13

Section C - Information to be Submitted 14 Instructions for Tabs 1 through 5 14-15

Section D - Terms and Conditions 16-21 General Responsibilities 22

ATTACHMENTS and EXHIBITS

Scope of Services Attachment A HUD Forms, Conflict of Interest Questionnaire, and Certificate of Interested Parties (Form 1295)

Attachment B

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

Small Local Business Program Guidelines and Form Attachment D Proposal Checklist and Certification Attachment E Proposal Fee Sheet 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 Affordable Housing 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

The Housing Authority of the City of San Antonio, Texas, and its affiliated entities a/k/a Opportunity Home San Antonio (formerly d/b/a San Antonio Housing Authority (“SAHA”)) are seeking qualified independent professional services for the ongoing implementation, monitoring, and validation of Legionella Water Management Programs (WMP) or other water related concerns across Opportunity Home (public housing) sites in San Antonio, Texas.

III. TIMELINE

DATE ISSUED September 25, 2026

NON-MANDATORY

PRE-SUBMITTAL CONFERENCE

Blanco Apts. 906 W. Huishache 78201 October 2, 2026 at 1:00 pm to 2:00 pm

Victoria Plaza 411 Barrera 78210 October 2, 2026 at 2:30pm - 3:30 pm

LAST DATE FOR QUESTIONS 2:00 PM Central Time on October 5, 2026

PROPOSAL DUE DATE 2:00 PM Central Time on October 16, 2026

ANTICIPATED APPROVAL

BY THE BOARD

December 2026

PROPOSAL SUBMISSION

The proposal shall primarily 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 San Antonio and its affiliated entities (Opportunity Home) is seeking bids from independent Contractors to secure qualified professional services for the ongoing implementation, monitoring, and validation of water quality across designated public housing sites in San Antonio, Texas. The Project scope and specifications are in Attachment A.

A. Minimum Qualifications

1. Respondents must demonstrate at least three years of continuous operational history within the previous three-year period providing technical and engineering oversight for Water Management Plans (WMPs) to ensure adherence with CDC guidelines and ANSI/ASHRAE Standard 188-2018.. Recent start-up businesses do not meet the requirements of this solicitation. NOTE : A start-up business is defined as a new company that has no previous operational history or expertise in the relevant business and is not affiliated with a company that has that history or expertise. Two companies are affiliated if the companies have a common parent company or if one is the parent or subsidiary of the other.

2. Respondents must be fully staffed and shall be responsible for providing the appropriate types and skill levels of personnel as required to provide quarterly Water Management Services.

3. Respondents must have the ability to meet all minimum qualifications specified in the Scope of Work (Exhibit A)

V. EVALUATION CRITERIA

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

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

B. Evaluation-Responsibility: Opportunity Home shall select a minimum of a three-person panel, using the criteria established below, to evaluate each of the proposals submitted in response to this RFP to determine the Respondent’s level of responsibility. Opportunity Home will consider capabilities or advantages that are clearly described in the proposal that oral presentations may confirm site visits, demonstrations, and references contacted by Opportunity Home. All proposals would be evaluated as to their overall value to Opportunity Home.

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

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

5 Excellent 4 Above Average 3 Average 2 Below Average 1 Poor 0 Non Responsive

Continued on Next Page

VI. EVALUATION CRITERIA SCORING

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

NO. POINTS CRITERION DESCRIPTION

1 45 Respondent’s Qualifications and Experience: Evidence of past performance and experience with multi-family residential housing, elderly populations. training that aligns with industry standards and in particular (ASHRAE 188) on managing risk for Legionella bacteria..

2 30 Technical Capabilities and Program Approach: Approach that outlines a comprehensive and seamless process for performing the functions and activities in the Attachment A Scope of Services. The described process ensures quality performance, cost control and ability to complete each task within scope, schedule and budget. Plan indicates responsiveness and coordination with staff and service requirements

3 25 Price Proposal: The competitive overall cost of the Services associated with the Respondent's performance of services, daily expense rates, development, and training costs.

Total Points for Criteria

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

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

Ana Smith, Contract Specialist

818 S. Flores St.

San Antonio, TX 78204 Phone: (210) 477-6170 Email: ana_smith@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. Non-Mandatory Pre-Submittal Conference: (See Section A-III Timeline).

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: Bids should primarily be submitted via the Opportunity Home e-Procurement Portal at https://homesa.bonfirehub.com/portal/?tab=login. However, if Respondent encounters material issues with using the portal, which inhibits a Respondent’s ability to submit a full response in a timely manner, hard-copy bids may be submitted in person.

Reminder that all submissions must be submitted by the deadline date and time and Opportunity Home will not be able to entertain late submissions.

Physical submissions must include one (1) original signed copy (marked “ORIGINAL”) using the Proposal Form in Attachment F, plus three (3) exact copies (marked “COPY”). The response must be bound in a removable format (e.g., comb-bound or 3-ring binder) and delivered unfolded in a sealed package detailing the Respondent’s name, return address, and the following details:

RFQ # {Insert Number} {Insert Exact Title of RFP}

{Insert Month, Day, Year, Time of Bid Opening} Opportunity Home San Antonio Procurement Department

818 S. Flores, San Antonio, Texas 78204

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

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. 2608-5705

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: Evaluation Factors

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.

a. Respondent’s Qualifications and Experience: Respondent shall provide evidence that the personnel assigned to perform the Services under this contract shall have the training, skills, and certifications to perform the services and are in good standing. The Respondent’s Proposal shall be evaluated on their performance capability as measured by their experiences and record of past performance as well as their ability to meet the Minimum Requirements and deliver the indicated Services in accordance with the Attachment A – Scope of Services set out in this RFP. Respondent shall describe the methods and process utilized by Respondent to maintain a pool of qualified individuals with skills and abilities as detailed in Attachment A.

b. Technical Capabilities and Program Approach. Respondent shall provide a sample plan for the administration and performance of the Program tasks as described in Attachment A.The Respondent shall provide an overview of the general approach that would be utilized in providing properly skilled individuals for performance of the Services in a timely manner and a description of the policies and procedures that demonstrate the Respondent’s commitment to quality, and ability to establish an effective quality assurance program.

c. Price Proposal: The Respondent shall state the fees associated with the proposed Services and any additional administrative fees where applicable. Respondent shall provide its billing policy regarding expenses and other incidentals or administrative charges that the firm expects to bill for on its statement. NOTE: If no reference is made to an expense that the firm expects to bill for, it will be understood that the cost for that (those) particular service(s) are included in the costs referenced above and there will be no additional charges for that/those service(s).

C.2 Tab 2: Profile of Firm, Company Biography, and Subcontractors List

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 perform all work detailed in this RFP”.

C.3 Tab 3: 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.4 Tab 4: Proposal Fee Sheet

The Proposal Fee Sheet must be completed separately and attached accordingly.

C.5 Tab 5: 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.

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.

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

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. “Required licenses and certifications need to be submitted with the RFP and maintained throughout the term of the contract.”

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

I. Type of Contract: Firm fixed contract with the option to extend for up to four additional one

(1) year periods at the sole discretion of Opportunity Home.

J. 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.

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

L. Independent Contractor: The Contractor shall be considered an independent contractor.

Nothing herein shall create any association, agency, partnership or joint venture between the parties hereto and neither shall have any authority to bind the other in any way.

M. Opportunity Home may award a contract, when price alone determines the winning bid, to a local business if its bid is within 5% of the lowest non-local bid. A "local " business is defined as maintaining headquarters, a primary place of business, or at least 20% of its full-time, part-time and contract employees regularly based or having a minimum of 100 employees, located within the City of San Antonio or Bexar county limits for a minimum of one year. The local preference ability may not be applied by Opportunity Home when Opportunity Home determines that it would not be in the best interest of Opportunity Home.

II. SECTION 3 PROGRAM REQUIREMENTS. Not Applicable.

III. 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. All subcontracting opportunities shall be outlined in this plan and any subcontractors listed on the Subcontractor’s form provided in Attachment C

IV. SUBCONTRACTORS

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

IV. LIMITATION/INDEMNIFICATION/INSURANCE

A. Limitation of Liability: In no event shall Opportunity Home be liable to the successful

Respondents for any indirect, incidental, consequential or exemplary damages.

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

CONTROLS OVER ALL OTHER PROVISIONS IN THE AGREEMENT, SURVIVES

TERMINATION OF THIS AGREEMENT.

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

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

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

V. LIQUIDATED DAMAGES

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

VI. WARRANTY

A. General Warranty: The Respondent represents and warrants to the Customer that the

Respondent will perform the Services with reasonable care and skill and in accordance with best commercial practices and standards in the industry for similar services.

VII. INVOICING

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

Accounts_Payable@homesa.org

If the Contractor does not have the capability to send invoices electronically, the invoices shall be mailed to:

Finance and Accounting P.O. Box 830428

San Antonio, TX 78283-0428

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

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

VIII. LAWS AND REGULATIONS

A. General: Opportunity Home is a governmental entity as that term is defined in the procurement statutes. Opportunity Home and this RFP and all resulting contracts are subject to federal, state and local laws, rules, regulations and policies relating to procurement as applicable. Contractor shall comply with all local, state and federal laws concerning safety (OSHA) and environmental control (EPA and Bexar County Pollution Regulations) and any other enacted ordinance, code, law or regulation. Contractor shall be responsible for all costs incurred for compliance with any such possible ordinance, code, law or regulation. No time extensions shall be granted or financial consideration given to the Contractor for time or monies lost due to violations of any such ordinance, code, law or regulations that may occur.

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

● Executive Order 11246

● Executive Order 11063

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

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

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

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

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

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

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

● Age Discrimination Act of 1975

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

● HUD Information Bulletin 909-23

● Immigration Reform & Control Act of 1986

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

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

IX. TERMINATION

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

a. Consent: By mutual consent of both parties, and

b. Termination For Cause: As detailed within the attached HUD Forms. Opportunity

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

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

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

B. Action Upon Termination: Upon receipt of a notice of termination issued from Opportunity

Home, the Contractor shall immediately cease all activities under any contract resulting from this RFP, unless expressly directed otherwise by Opportunity Home in the notice of termination.

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

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

X. GENERAL CONDITIONS

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

B. Waiver of Breach: A waiver of either party of any terms or conditions of this agreement in any instance shall not be deemed or construed as a waiver of such term or condition for the future, or of any…