RFQ Bivens Place final.pdf

FORT WORTH HOUSING SOLUTIONS

RFQ NO. 2026-203

MULTIFAMILY DEVELOPER

PARTNERS FOR BIVENS

PLACE APARTMENTS

Release Date: Wednesday, June 24, 2026

RFQ Due Date: Tuesday, August 11, 2026 at 1:00 p.m. Central

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SCHEDULE OF EVENTS

REQUEST FOR QUALIFICATIONS

RFQ NO. 2026-203

MULTIFAMILY DEVELOPER PARTNER(S)

FOR BIVENS PLACE APARTMENTS

PRE-SUBMISSION VIRTUAL MEETING

DATE & TIME: Monday, July 14, 2026 at 2:00 p.m. Central

TEAMS MEETING LINK: Join: https://teams.microsoft.com/meet/28887547408301 2?p=1H5d17vW823imWX5mg

Meeting ID: 288 875 474 083 012 Passcode: DJ9yZ6vg

RFQ QUESTIONS & CLARIFICATION DEADLINE

DATE & TIME: Thursday, July 23, 2026 at 1:00 p.m. Central

SEND TO: All questions for the RFQ must be submitted in writing through the Euna-Bonfire Portal at https://fwhs.bonfirehub.com

ELECTRONIC SUBMISSION (Late responses will not be accepted)

PROPOSAL DUE

DATE& TIME:

Tuesday, August 11, 2026 at 1:00 p.m. Central

PROPOSAL UPLOAD LINK: https://fwhs.bonfirehub.com

*** Fort Worth Housing Solutions reserves the right at its sole discretion to amend any or all of the dates associated with the schedule of events. ***

FWHS Procurement Department 817-333-2101 https://teams.microsoft.com/meet/288875474083012?p=1H5d17vW823imWX5mg https://teams.microsoft.com/meet/288875474083012?p=1H5d17vW823imWX5mg https://fwhs.bonfirehub.com/

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Table of Contents

I. INTRODUCTION

II. SCOPE OF QUALIFICATIONS

III. SUBMISSION REQUIREMENTS

IV. EVALUATION/SELECTION CRITERIA

V. GENERAL CONDITIONS OF THE RFQ

VI. EXHIBIT A – DOCUMENTS CHECKLIST

VII. EXHIBIT B – HUD FORMS

VIII. EXHIBIT C – FWHS FORMS

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Bivens Place Apartments

MULTIFAMILY DEVELOPER REQUEST FOR PROPOSALS

Corner of Miller Street & Rosedale Street St.

Fort Worth, Texas 76105

199 Unit Mixed-Income Housing Tax Credit (“LIHTC”) Multifamily Development

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I. INTRODUCTION

Fort Worth Housing Solutions (FWHS) is pleased to issue this Request for Qualifications (RFQ) for Developer Partner(s) for Mixed Income/Mixed Use Developments. The successful parties will demonstrate through their respective responses that each possesses the necessary qualifications to implement a comprehensive plan for the construction of Bivens Place. This is approximately a 200-unit Mixed-Income and Mixed-Use property with a focus on residential and commercial space development in Fort Worth, TX located on approximately 6.9575 acres at the corner of E. Rosedale Street and Miller Street. This project will be the sixth and final phase of the Stop Six Choice Neighborhoods Initiative (CNI) Transformation Plan. The Developer Partner(s), working in concert with the FWHS will be responsible for all design, environmental, master planning, financing, procurement, pre-development, construction, and development activities in accordance with the agreed upon plan.

FWHS is seeking submissions from interested firms or entities with a record of success in the development of mixed-use developments with a focus in commercial space build-out and leasing, especially those able to demonstrate successful development experience in Texas.

This invitation is restricted to services for FWHS and its affiliates only and submissions with respect to other entities or projects shall not be submitted. Submissions are invited from any qualified not-for-profit or for-profit Housing Developer in good standing with the State of Texas.

FWHS and the City of Fort Worth won a competitive FY2019 $35 million Choice Neighborhood Implementation grant from the U.S. Department of Housing and Urban Development in April 2020. The project has seen investments of almost $60 million to date from various funds to support the multi-year transformation of this historic African American community, which has suffered from decades of disinvestment and deterioration.

Over the past six years, Fort Worth Housing Solutions (FWHS) has fundamentally reshaped the historic Stop Six neighborhood. This transformation began with the opening of Cowan Place Senior Living, the 174-unit eastern gateway to the revitalized community, and Hughes House I, a mixed-use flagship property with 162 mixed-income units and 8,000 square feet of commercial space, and the completion of the Workforce Innovation and Training Center (formerly the Boys & Girls Club). FWHS’ impact is continuing with the current construction of Babers Manor, 80 units of multifamily units and townhomes; the groundbreaking of Hughes House III of 78 units; and the closing of Hughes House III--302 units of residential rentals that includes the Neighborhood Hub, pool, and lush greenspace located on the former Cavile site--expected by the end of 2026. FWHS is changing the face of affordable and attainable housing opportunities by providing mixed-income rental and homeownership possibilities that enable our clients to flourish in the community.

Home to approximately 4,400 residents, the Stop Six neighborhood is entering a period of economic expansion. Over the last five years, the area has seen a 45% surge in new business starts with significant local employment impact, a 3% annual population growth, and multi-million-dollar investments in public infrastructure and community services---all of which serve as primary catalysts for regional development. The high volume of "New Building Permits" for single-family residences and duplexes indicate developer confidence in the local housing market, while high visibility traffic on E. Rosedale can reach up to 23,000 vehicles a day, underscoring the

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New Construction Value: Numerous new homes are being built with job values typically ranging from $175,000 to over $286,000.

Bivens Place represents the sixth and final phase of the $35 million HUD Choice Neighborhoods Initiative (CNI) Transformation Plan. As the culmination of this 994-unit master plan, Bivens Place will be a landmark mixed-use development featuring a mixed-income multifamily residential rental community and a commercial retail space that is planned to serve as a community grocery store to alleviate local food desert conditions. Stop Six was once the heart of Fort Worth’s thriving African American working-class community, and this investment will help to recreate a vibrant, diverse, and sustainable community that remains a cultural touchstone for the city’s residents.

FWHS accomplishes this by assisting our clients in elevating themselves to the next level of self-sufficiency and personal responsibility through life-changing programs. Through its real estate development program, FWHS also delivers stable investment opportunities for our development partner(s).

Learn more about Fort Worth Housing Solutions at http://www.fwhs.org.

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II. SCOPE OF QUALIFICATIONS

A. Details

FWHS issues this RFQ to procure development services for all phases of planning and development required for the development of specific properties to be determined by FWHS.

Depending on the assigned project, FWHS may maintain responsibility for decision-making or alternatively, the developer partner(s) may take on the responsibility for managing parts or all of the entire development process, coordinating the work of the development team, serving as central point for communication and decision making, and providing advice to FWHS, or its affiliate. In addition, the developer partner(s) may take on a number of specific tasks either independently or in conjunction with other members of a development team. These tasks include, but are not necessarily limited to, the following:

1. Oversee the preparation of development program and concept plan(s).

2. Undertake market/need/demand analysis.

3. Assist with project design (particularly from market and budget perspectives).

4. Prepare capital and operating cost budgets.

5. Assist with zoning and other development approvals.

6. Prepare applications for any and all financial applications for closing.

7. Prepare financing applications and negotiating terms.

8. Coordinate an acceptable procurement method and construction contract.

9. Account for all project costs.

Each Respondent(s) must have demonstrated experience and expertise in the following:

1. Developing operating financial proformas

a) Gross potential rent projections

b) Effective gross income projections

c) Expenses and net operating income projections

d) Debt service and cash flow

e) Developer return on equity

f) Annual debt summary

2. Developing project development budgets

a) Rents and Incomes

b) Operating Expenses

c) Outside financial sources, including loans, grants, and tax credits

d) An operating pro-forma

e) A gap analysis

3. Developing conceptual building layouts and elevation

4. Developing conceptual site plans

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5. The redevelopment or revitalization of neighborhoods

6. Maximizing the use of various financing vehicles/tools

7. The development, construction, and operation of a housing development

8. The development of housing that incorporates tax credit and affordable housing financing

9. Applicable regulatory compliance issues

10. MBE, WBE and Section 3, planning, and compliance

11. Working with local government authorities that regulate the permits and utilities necessary for revitalization efforts

B. Role of Developer Partner(s)

The responsibilities of the selected developer may include, but are not limited to, the following:

1. Undertaking pre-development activities including environmental and geotechnical testing, architectural and engineering work, analysis of the condition of existing utilities at the site, site analysis, rezoning (if necessary), market analysis, land acquisition opportunities, and financial feasibility

2. Develop architectural plans consistent with federal, state, and local guidelines, and obtain all necessary approvals and permits

3. Develop and manage an implementation schedule

4. Obtain additional leveraged funds from private, non-governmental sources

5. Prepare a Low-Income Housing Tax Credit application to be filed with the Texas

Department of Housing and Community Affairs (TDHCA)

6. Prepare applications for other sources of funding

7. Develop a project budget

8. Coordinate all development activities, including reporting and budget requirements, with

FWHS

9. Determine a general management structure, prepare a management plan for the

Development, and recommend a property manager subject to approval by FWHS

10. Provide all necessary financial guarantees and assurances to assemble a financing package

11. Develop and implement a “Section 3” resident employment program

12. Solicit prices and contracts for construction

13. Oversee construction and ensure completion in a timely manner

14. Assist FWHS in preparation and submission of any necessary Mixed-Finance Proposal and all required evidentiary materials

15. Deliver a project consistent with HUD and FWHS program guidelines

A Development Agreement governing the development responsibilities of all parties for each project will be negotiated and submitted to HUD for approval, if necessary.

Respondent(s) must be familiar with the Davis Bacon prevailing wages, BABA, documents, 9 | P a g e etc., and any other employment laws applicable to the project. It shall be understood by all Respondent(s) that after the selection and award as the project moves toward the construction phase, that HUD documents for construction along with Davis-Bacon Prevailing Wages will be applicable to the project.

C. Development Team

The development team must be capable of managing the development and construction of a rental and commercial development project. Demonstration of the following are required from respondents:

1. Previous experience developing Mixed Use Developments with an Affordable Housing component of 100 units or more and a minimum of 5,000 sqft of commercial space development

2. Previous experience involving layered financing including, but not limited to, Low Income Housing tax credits, bonds, conventional financing

3. Financial capacity to complete the project

4. Administrative capacity to complete the project

5. Experience with HUD regulation and requirements

The developer partner(s) can be headed by a non-profit community-based developer or a for-profit developer or be a joint venture. The team should include an experienced developer of multi-family housing (or developer consultant providing technical assistance in aiding in building or strengthening capacity of the developer) and can (but is not required to) include the following: (1) a general contractor with applicable licenses and demonstrated financial capability; (2) an architect registered in Texas with mixed use design experience, and (3) a management agent with experience in managing Mixed Use Facilities. FWHS reserves the right to accept or reject individual members of the development team.

III. SUBMISSION REQUIREMENTS

Electronic Submission: Respondent’s proposal must be uploaded to the Bonfire portal by the due date and time listed on Page 2, with all required documents. See Exhibit A – Document Checklist.

First time users can register for free by using the following link: https://fwhs.bonfirehub.com

The Respondent(s) is required to submit the following information, although FWHS reserves the right to request additional information upon review of initial submissions:

Please TAB Sections

A. Information Required in the Submission

1. Letter of Interest (TAB 1)

a) On company letterhead, include the full contact information (name, title, email phone number) of the person to be reached for clarification or additional information regarding submissions (Cover letter).

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b) A brief statement summarizing the Respondent’s company and relevant experience and qualifications.

c) Copies of Certificate of Incorporation, Partnership Agreement, Joint Venture or other organizational document and a corporate resolution, if applicable, signed by the Secretary of the Respondent(s) and notarized, certifying the name of the individual(s) authorized to sign the offer, the contract, and any amendments thereto.

2. Structure and Experience of the Team (TAB 2)

All entities that comprise the team are to be identified, indicating their specialization(s) and specific contribution to the team. Respondent(s) are encouraged to include in the team specialists for all components of the project including design, construction, legal, financing, and management services. Additionally, any previous collaboration among some or all members of the team should be noted. The form of relationship between participants should be designed to meet the needs of the team and the project. However, the team leader should be clearly identified.

The respondent must demonstrate a proven track record in sourcing and partnering with commercial retail entities. This expertise must span the entire development lifecycle—including design, construction, legal structuring, financing, management, and leasing—with a specific emphasis on horizontal or vertical mixed-use projects. The successful team will serve as the lead facilitator for all retail partner engagement, ensuring seamless coordination and transparency with

FWHS.

Ultimately, the identified team leader will be held responsible for the performance of all members of the development team. If the team members are from different companies or firms, then the team leader should enter into individual agreements with each member to assure performance.

Respondent(s) must submit an organization chart showing all of the individuals that will be assigned to this project. Also, resumes of the key individuals are to be included with a detailed description of the responsibilities that they will be required to perform. FWHS is interested in assessing the capacity and capability of teams and their ability to respond to the demands of this Initiative. Additionally, FWHS will assess the capability of the project manager, the lead individuals in each discipline, and the design team.

3. Financial Statement (TAB 3)

The Respondent/Financially Responsible parties shall demonstrate their financial responsibility by submitting proof of the last three (3) years of the most recent financial statement(s), a CPA prepared balance sheet that clearly show assets, liabilities, credit lines, income debt and/or their most recent audit and/or other documents which support the Contractor’s financial health.

“Financial Statements – Confidential.”

4. HUD Forms (TAB 4)

Each Respondent must complete the forms as provided in Exhibit B.

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5. FWHS Forms (TAB 5)

Each Respondent must complete the applicable forms as provided in Exhibit C; all forms must bear a signature. For those that do not apply, write “NA” sign and date.

B. Evaluation Process

A selection committee composed of FWHS staff will review submissions in accordance with this RFQ and will recommend to the FWHS Board of Commissioners the firm(s) most advantageous and supportive of the agency’s needs. The selection committee and/or the Board of Commissioners may at its discretion request interviews with Respondent(s) to discuss specific aspects and clarifications of their submission(s). The Board of Commissioners will make the final decision.

IV. EVALUATION/SELECTION CRITERIA

RFQ will be evaluated and rated on, but may not be limited to, the following criteria:

CRITERIA POINTS

Professional Qualifications and Experience of Firm The experience and qualifications of the Respondent(s) and its development team personnel potentially available for assignment to the FWHS project.

Degree to which members of the team (other than the principal) demonstrate successful experience in their respective disciplines as required in the RFQ.

30 points

Financial Capacity The financial capacity of the Respondent(s) as evidenced by appropriate financial information.

The ability to obtain structure and implement layered public and private financing (including Low Income Housing Tax Credits).

Financial capacity (of the developer/provider of guarantees).

20 Points

Mixed Use Experience/Past and Current Portfolio Successful experience in the design, construction, leasing, and/or ownership of mixed-income and mixed-use housing development projects. Preference will be given to past vertical or horizontal mixed-use projects with commercial retail tenants that the Developer team completed.

30 Points

Technical Competence of the Development Team and Choice Neighborhoods Initiative The degree and nature of the resources that the Respondent(s) can dedicate to the satisfactory development of a mixed finance/income project, with preference for experience with successfully completing Choice Neighborhoods Initiative (CNI) projects in compliance with HUD requirements.

15 Points

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Familiarity with requirements applicable to HUD public housing financing/mixed – finance development and public housing operation.

Expertise in construction management to provide high quality, on budget, on time delivery for energy efficient housing.

Section 3 & M/WBE Efforts The degree to which the development team provides for minority-and women-owned business (MBE/WBE) participation and complies with equal opportunity and affirmative action requirements.

Respondents’ experience in developing and implementing Section 3 plans will be considered.

5 points

TOTAL POINTS POSSIBLE 100 points

Interviews, if desired by FWHS, will be used to identify the top-ranking Respondent(s).

V. GENERAL CONDITIONS OF THE RFQ

A. General Conditions

1. LATE SUBMISSIONS WILL NOT BE ACCEPTED OR CONSIDERED.

2. FWHS reserves the right to accept or reject any and all submissions submitted, either in whole or in part, with or without cause; to waive any informalities of any submission;

to extend, amend or cancel this RFQ at any time; and, to make the award in the best interest of FWHS.

3. FWHS reserves the right to request additional information, if needed, from prospective Respondent(s).

4. In the event that it becomes necessary for FWHS to revise any part of this RFQ, revisions will be provided in the form of an Addendum to all prospective Respondent(s). FWHS may issue and does require Respondent(s) to acknowledge addendums to the RFQ. Submissions must conform to any addenda that may be issued to this RFQ.

5. Submissions that are incomplete or not in conformance to the submission requirements may be eliminated from further consideration. Respondent(s) should carefully note the submission requirements.

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

7. The Respondent(s) shall provide an oral presentation regarding submission submitted, if requested to do so by FWHS.

8. Respondent(s) may modify or withdraw a submission prior to the RFQ due date, by an authorized representative of that organization. All submissions will become the property of FWHS after the RFQ Deadline.

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

10. The Respondent(s) affirms that its submission is made without any understanding, agreement or connection with any other person, firm, partnership, or corporation making a submittal for the same purpose and is in all respects fair and without collusion or fraud.

11. The Respondent(s) has carefully read the provisions, terms, and conditions of the RFQ document and does hereby agree to be bound thereby.

12. FWHS reserves the right to make multiple awards from this RFQ and also retains the right to negotiate with the selected firm(s).

13. Additional services and/or service adjustments may be added or deleted during the life of any contract awarded hereunder as mutually agreed upon in writing between FWHS and Respondent(s).

14. Respondent(s) must meet FWHS’ insurance requirements.

15. The Respondent(s) will not offer any gratuity, favor, or anything of monetary value to any officials or employee of FWHS for the purpose of influencing consideration of a response to this RFQ.

16. FWHS reserves the right to disqualify any submission(s) that may present a conflict of interest between Fort Worth Housing Solutions, its employees or Board members, Respondent(s), or parties identified in the submission.

17. Submissions may NOT be withdrawn for one-hundred twenty (120) days from the RFQ due date.

B. Mistakes in Submissions

If a mistake in a submission is suspected or alleged, the submission may be corrected or withdrawn during any negotiations that are held. If negotiations are not held, or if best and final offers have been received, the Respondent(s) may be permitted to correct a mistake in the submission, and the intended correct offer may be considered based on the conditions that follow:

1. The mistake and the intended correct offer are clearly evident on the face of the submission.

2. The Respondent(s) submits written evidence which clearly and convincingly demonstrates both the existing offer, and such correction would not be contrary to the fair and equal treatment of other Respondent(s).

Mistakes after award shall not be corrected unless the Contracting Officer makes a written determination that it would be disadvantageous to FWHS not to allow the mistake to be corrected. The approval or disapproval of requests of this nature shall be in writing by the Contracting Officer.

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C. Unauthorized Communication

To protect the integrity of the procurement process, FWHS requires all communications regarding this solicitation to be directed to the Procurement Department Only by either phone, email or fax number as listed in solicitation. No officer, employee, agent, or representative of the Respondent shall have any contact or discussion directly or indirectly through others to seek influence on any FWHS Board member, and/or employee during this solicitation process. Any violation of this prohibition may result in Respondent being disqualified from the procurement process. Any oral communications are considered unofficial and non-binding regarding this solicitation.

D. Conflicts of Interest

The Respondent(s) warrants that to the best of his/her knowledge and belief and except as otherwise disclosed, he/she does not have any organizational conflict of interest. Conflict of interest is defined as a situation in which the nature of work under this contract and the Respondent’s organizational, financial, contractual, or other interests are such that:

1. Award of the contract may result in an unfair competitive advantage; or

2. The Respondent’s objective in performing the contract work may be impaired. In the event the Respondent(s) has an organizational conflict of interest as defined herein, the Respondent(s) shall disclose such conflict of interest fully in the proposal submission.

3. The Respondent(s) agrees that if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the President which shall include a description of the action which the Respondent(s) has taken or intends to take to eliminate or neutralize the conflict. FWHS may, however, terminate the contract if it is in its best interest.

4. In the event the Respondent(s) was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the President, FWHS may terminate the contract for default.

5. The provisions of this clause shall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the Respondent(s). The Respondent(s) shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize conflicts of interest.

6. No member of the FWHS Board of Commissioners shall be allowed to share any or part of this contract or to derive any benefit to arise there from. This provision shall be construed to extend to this contract if made with a corporation for its general benefit.

7. Any FWHS official or employee who exercises or has exercised any functions or responsibilities with respect to any FWHS contract/ procurement activities, or who is in a position to participate in the decision-making process or gain inside information with regards to any FWHS contract/procurement activities, obtain a financial or economic interest or benefit from the contract/ procurement, or have an interest in any contract or subcontract, or agreement with respect thereto or the proceeds there under, either for himself or herself or for those with whom he or she has family or business ties, during his or her tenure with the FWHS or for one year after such individual leaves FWHS.

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8. FWHS reserves total discretion to determine the proper treatment of any conflict of interest disclosed under this provision.

E. Indemnity

Respondent will indemnify, protect, defend and hold harmless FWHS, and FWHS’s affiliated entities, respective officers, directors, employees and agents (collectively, “Indemnitees”) for, from and against all liabilities, claims, losses, liens, causes of action, judgements and expenses, including attorney fees, and any nature, kind or description of any person or entity directly or indirectly arising out of, caused by or in connection with (in whole or in part) (a) the performance of the Agreement, or (b) any act, error or omission of Respondent (or anyone directly or indirectly employed, controlled, or contracted by them) in carrying out the terms and provisions of this Agreement, or breaching same (collectively, “Liabilities”), even if such Liabilities are caused by the concurrent negligence (whether active or passive) of any Indemnitee. This indemnification is not limited to damages, compensation or benefits payable under insurance policies, workers' compensation acts, disability benefit acts, or other employees’ benefits acts.

F. Acceptance of RFQ and Contract Terms

Respondents’ submission of a proposal in response to this RFQ shall constitute acceptance by the Respondent(s) of the terms and conditions of this RFQ. In the event that the Respondent’s submission is accepted for contract award, the Respondent(s) agrees to enter into a negotiated contract with FWHS at a later time and date.

The Respondent(s) must maintain compliance with all federal, state, local and laws and regulations.

G. Contract Award

Subject to the rights reserved in this RFQ, FWHS will award the contract by written notice to the selected Respondent(s) (the “Contractor(s)”). The award of the contract is subject to the approval of the FWHS Board of Commissioners and/or the FWHS President, and it shall be conditioned on the successful negotiation of revisions, if any, to the RFQ, recommended as part of the evaluation of submissions.

A contract shall be awarded in accordance with the terms and conditions of this RFQ to the Respondent(s) whose submission is most advantageous to the FWHS, qualifications, technical and other factors as specified in this RFQ, FWHS reserves the right to negotiate and award any element of this RFQ, to reject any or all submissions or to waive any minor irregularities or technicalities in RFQ received as in the best interest of FWHS.

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H. Insurance Requirements

Contractor shall have and shall require all Subcontractors of every tier providing services under this Contract to have Insurance meeting the General Requirements as set forth below:

1. General Requirements Applicable to All Contractors' Insurance.

The following requirements apply to the Contractor and to Subcontractor(s) of every tier performing services or activities pursuant to the terms of this Contract. Contractor acknowledges and agrees to the following concerning insurance requirements applicable to Contractor and Contractor's Subcontractor(s):

a. The minimum types and limits of insurance indicated below shall be maintained throughout the duration of the Contract.

b. Insurance shall be written by companies with an A.M. Best rating of B+ or higher.

c. Prior to commencing work under this Contract, the required insurance shall be in force as evidenced by a Certificate of Insurance issued by the writing agent or carrier. A copy of the Certificate of Insurance shall be forwarded to Fort Worth Housing Solutions. Execution of this Contract will not occur until such evidence of insurance has been provided and accepted as compliant.

d. Certificates of Insurance shall include the endorsements outlined below. The Certificate(s) shall show the Fort Worth Housing Solutions Contract number.

e. Insurance required under this Contract which names Fort Worth Housing Solutions as an Additional Insured shall be considered primary for all claims.

f. Insurance limits shown below may be written as primary or structured using primary and excess or umbrella coverage that follows the form of the primary policy.

g. Fort Worth Housing Solutions shall be entitled, upon its request and without expense, to receive certified copies of policies and endorsements.

h. Fort Worth Housing Solutions reserves the right to review insurance requirements during any term of the Contract and to require the Contractor make reasonable adjustments when the scope of services has been expanded.

i. Contractor shall not allow any insurance to be cancelled or lapse during any term of this Contract. Contractor shall not permit the minimum limits of coverage to erode or otherwise be reduced. Contractor shall be responsible for all premiums, deductibles, and self-insured retention. All deductibles and self-insured retention shall be shown on the Certificates of Insurance.

j. Insurance coverages specified in this Contract are not intended and will not be interpreted to limit the responsibility or liability of the Contractor or Subcontractor(s).

2. Specific Requirements

The following requirements apply to the Contractor and to Subcontractor(s) of every tier performing services or activities pursuant to the terms of this Contract. Contractor acknowledges and agrees to the following concerning insurance requirements applicable to

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Contractor and Contractor's Subcontractor(s):

a. Workers’ Compensation and Employers' Liability Insurance

• Coverage shall be consistent with statutory benefits outlined in the Texas

Workers' Compensation Act.

• Employers’ Liability limits are o $100,000 bodily injury each accident o $100,000 bodily injury by disease o $500,000 policy limit

• Policies under this Section shall include the following endorsements in favor of Fort Worth Housing Solutions:

o Waiver of Subrogation o Thirty (30) day Notice of Cancellation

b. Commercial General Liability Insurance

• Minimum limits:

o $1,000,000 combined single limit per occurrence for coverage A (Bodily Injury and Property Damage) and B (Personal and Advertising Injury).

o $2,000,000 aggregate.

• The Policy shall contain or be endorsed as follows:

o Blanket Contractual liability for this Contract o Products and Completed Operations o Independent Contractor Coverage

• The Policy shall also include the following endorsements or endorsements providing equivalent coverage in favor of Fort Worth Housing Solutions:

o Waiver of Subrogation o Thirty (30) day Notice of Cancellation o Fort Worth Housing Solutions named as Additional Insured

c. Business Automobile Liability Insurance

• Minimum limits: $1,000,000 combined single limit per occurrence

• If any form of transportation for clients is provided, coverage for all owned, non-owned, and hired vehicles shall be maintained with a combined single limit of $1,000,000 per occurrence.

• If no transportation services of any type are provided, and use of a motor vehicle is strictly limited to travel to and from work or work sites, evidence of Personal Auto Policy coverage with limits of $100,000/$300,000/$100,000 may be

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• The Policy shall also include the following endorsements or endorsements providing equivalent coverage in favor of Fort Worth Housing Solutions:

o Waiver of Subrogation o Thirty (30) day Notice of Cancellation o Fort Worth Housing Solutions named as Additional Insured

a. Professional Liability Insurance

• Coverage shall be provided with a minimum limit of $1,000,000 per occurrence to cover negligent acts, errors, or omissions arising out of Professional Services under this Contract.

• Acceptance of Alternative Limits or Endorsements Must be Approved by FWHS Risk Management.

I. Right to Protest

Any prospective or actual Respondent, Offeror, 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. Definition: An alleged aggrieved “protestant” is a prospective Respondent or Respondent who feels that he/she has been treated inequitably by FWHS and wishes FWHS to correct the alleged inequitable condition or situation.

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

c. Procedure: Any actual or prospective contractor may protest the solicitation or award of a contract for material violation of FWHS’ procurement policy. Any protest against a FWHS solicitation must be received before the due date for receipt of Qualifications 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 Procurement Department at procurement@fwhs.org, for a written decision. The Procurement Department shall make a recommendation to the Contracting Officer, who shall issue a written decision and findings to the Contractor within 30 days from receipt of the written protest. This decision is then appealable to the Board of Commissioners within 30 days of receipt of the written decision. Appeals which are not timely filed will not be considered and the decision becomes final.

mailto:procurement@fwhs.org

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J. No Warranty

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

K. Proposed Costs

The cost for each project will be negotiated independently with the awarded firm or firms. No fees or costs may be submitted in the proposal.

L. Expense of RFQ Submission

All expenses incurred in the preparation and submission of the RFQ to FWHS in response to this RFQ shall be borne by the Respondent(s).

M. Applicable Statutes, Regulations & Orders

Contractor(s) shall comply with all applicable federal, state, and local laws, rules, regulations, executive orders, ordinances, and codes and obtain any licenses or permits required to provide the services under this RFQ, but not limited to:

1. Executive Order 11246

2. Executive Order 11063

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

4. Davis Bacon Act (40 USC 276a-276a-7)

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

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

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

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

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

10. Age Discrimination Act of 1975

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

12. HUD Information Bulletin 909-23

13. Immigration Reform & Control Act of 1986

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

N. Conflicting Conditions

In the event there is a conflict between the documents comprising this RFQ and any resulting contracts, the following order of precedence shall govern: (1) the more restrictive terms of either:

any and all attached HUD forms and the term/conditions in the body of any resulting contract; (2) the RFQ; and (3) Contractor’s Response. In the event that a conflict exists between any state statute or federal law the most restrictive terms shall apply.

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O. Contract Form

FWHS will not execute a contract on the successful Respondent’s form. Contracts will only be executed on FWHS forms. By submitting a proposal, the successful Respondent agrees to this condition. However, FWHS will consider any contract clauses that the Respondent wishes to include therein, but the failure of FWHS to include such clauses does not give the successful Respondent the right to refuse to execute FWHS’ contract form. It is the responsibility of each prospective Respondent to notify FWHS, in writing, with the proposal submittal of any contract clauses that he/she is not willing to include in the final executed contract. FWHS will consider such clauses and determine whether to amend the Contract.

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VI. EXHIBIT A – DOCUMENTS CHECKLIST

Exhibit A

Required Documents Checklist

All documents, including this Checklist, must be completed in full and submitted in the requested order, or the response will be considered as a non-responsive submittal.

Document Checklist Initial if included

1. Qualification Document Checklist

2. Acknowledgment of Receipt of Addendum/Addenda, if applicable

3. Form HUD 5370

4. Business References

5. Non-Collusive Affidavit

6. Conflict of Interest Questionnaire

7. Profile of Firm

8. M/WBE Guidelines

9. Equal Employment Opportunity

10. Insurance Certificates Proof

11. W-9

12. Certificate of Interested Parties (Form 1295)

I understand that failure to submit all these items may cause my submittal to be considered non-responsive.

Name

Title

Company

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VII. EXHIBIT B – HUD FORMS

1. General Conditions for Construction Contracts- Public Housing Programs (HUD 5370)

2. General Contract Conditions for Small Construction/Development Contracts (HUD 5370EZ)

General Contract Conditions for Small Construction/Development Contracts

U.S. Department of Housing and Urban Development Office of Public and Indian Housing OMB Approval No. 2577-0157 (exp. 3/31/2020)

Applicability. The following contract clauses are applicable and must be inserted into small construction/development contracts, greater than $2,000 but not more than $150,000.

(b) The Contractor’s right to proceed shall not be terminated or the Contractor charged with damages under this clause if –

(1) The delay in completing the work arises from unforeseeable causes beyond the control and without the

1. Definitions

Terms used in this form are the same as defined in form HUD-5370

2. Prohibition Against Liens fault or negligence of the Contractor; and

The Contractor is prohibited from placing a lien on the PHA’s

(2) The Contractor, within 10 days from the beginning of such delay notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of the delay. If, in the judgment of the Contracting Officer, the findings of Fact warrant such action, time for completing the work shall be extended by written modification to the contract. The findings of the Contracting Officer shall be reduced to a written decision which shall be subject to the provisions of the Disputes property. This prohibition shall apply to all subcontractors at any tier and all materials suppliers. The only liens on the PHA’s property shall be the Declaration of Trust or other liens approved by HUD. clause of this contract.

(c) If, after termination of the Contractor’s right to proceed, it is

3. Disputes determined that the Contractor was not in default, or that the delay was excusable, the rights and obligation of the parties will be the same as if the termination had been for convenience of the PHA.

(a) Except for disputes arising under the Labor Standards clauses, all disputes arising under or relating to this contract, including any claims for damages for the alleged breach thereof which are not disposed of by agreement, shall be resolved 5. Termination for Convenience under this clause.

(b) All claims by the Contractor shall be made in writing and (a) The Contracting Officer may terminate this contract in whole, submitted to the Contracting Officer for a written decision. A claim by the PHA against the Contractor shall be subject to a or in part, whenever the Contracting Officer determines that such termination is in the best interest of the PHA. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to which the performance of the work under the contract is terminated, and the date upon which such termination becomes effective.

written decision by the Contracting Officer.

(c) The Contracting Officer shall, within 30 days after receipt of the request, decide the claim or notify the Contractor of the date by which the decision will be made.

(d) The Contracting Officer’s decision shall be final unless the (b) If the performance of the work is terminated, either in whole or Contractor (1) appeals in writing to a higher level in the PHA in accordance with the PHA’s policy and procedures, (2) refers the appeal to an independent mediator or arbitrator, or (3) files suit in a court of competent jurisdiction. Such appeal must be made within 30 days after receipt of the Contracting Officer’s in part, the PHA shall be liable to the Contractor for reasonable and proper costs resulting from such termination upon the receipt by the PHA of a properly presented claim setting out in detail: (1) the total cost of the work performed to date of termination less the total amount of contract payments made to the Contractor; (2) the cost (including reasonable profit) of settling and paying claims under subcontracts and material orders for work performed and materials and supplies delivered to the site, payment for which has not been made by the PHA to the Contractor or by the Contractor to the subcontractor or supplier; (3) the cost of preserving and protecting the work already performed until the PHA or assignee takes possession thereof or assumes responsibility therefore; (4) the actual or estimated cost of legal and accounting services reasonably necessary to prepare and present the termination claim to the PHA; and (5) an amount constituting a reasonable profit on the decision.

(e) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under or relating to the contract, and comply with any decision of the Contracting Officer.

4. Default

(a) If the Contractor refuses or fails to prosecute the work, or any separable part thereof, with the diligence that will insure its completion within the time specified in this contract, or any extension thereof, or fails to complete said work within this time, the Contracting Officer may, by written notice to the Contractor, terminate the right to proceed with the work (or separable part of the work) that has been delayed. In the event, the PHA may take over the work and complete it by contract or otherwise, and may take possession of and use any materials, equipment, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the PHA resulting from the Contractor’s refusal or failure to complete the work within the specified time, whether or not the Contractor’s right to proceed with the work is terminated. This liability includes any increased costs incurred by the PHA in completing the work.

value of the work performed by the Contractor.

(c) The Contracting Officer will act on the Contractor’s claim within days (60 days unless otherwise indicated) of receipt of the Contractor’s claim.

(d) Any disputes with regard to this clause are expressly made subject to the provisions of the Disputes clause of this contract.

6. Insurance

(a) Before commencing work, the Contractor and each subcon-tractor shall furnish the PHA with certificates of insurance showing the following insurance is in force and will insure all operations under the Contract:

Page 1 of 7 Form HUD-5370-EZ (1/2014)

(1) Workers’ Compensation, in accordance with state or Ter- do not change the rights or responsibilities of the parties (e.g., change in the PHA address). All other contract modifications shall be in the form of supplemental agreements signed by the ritorial Workers’ Compensation laws.

(2) Commercial General Liability with a combined single limit for bodily injury and property damage of not less than $ Contractor and the Contracting Officer.

[Contracting Officer insert amount] per occurrence to protect the Contractor and each subcontractor against claims for bodily injury or death and damage to the property of others. This shall cover the use of all equipment, hoists, and vehicles on the site(s) not covered

(c) When a proposed modification requires the approval of HUD prior to its issuance (e.g., a change order that exceeds the PHA’s approved threshold), such modification shall not be effective until the required approval is received by the PHA.

by Automobile Liability under (3) below. If the Contractor has a “claims-made” policy, then the following additional requirements 8. Changes apply: the policy must provide a “retroactive date” which must be on or before the execution date of the Contract; and the extended reporting period may not be less than five years following the

(a) The Contracting Officer may, at any time, without notice to the completion date of the Contract.

sureties, by written order designated or indicated to be a change order, make changes in the work within the general scope of the

(3) Automobile Liability on owned and non -owned motor vehicles used on the site(s) or in connection therewith for a contract including changes:

combined single limit for bodily injury and property damage of not [Contracting Officer insert amount] per

(1) In the specifications (including drawings and designs);

(2) In the method or manner of performance of the work;

less than $ (3) PHA-furnished facilities, equipment, materials, services, or occurrence.

(b) Before commencing work, the Contractor shall furnish the PHA with a certificate of insurance evidencing that Builder’s Risk (fire and extended coverage) Insurance on all work in place and/or materials stored at the building site(s), including foundations and building equipment, is in force. The Builder’s Risk Insurance shall be for the benefit of the Contractor and the PHA as their interests may appear and each shall be named in the policy or policies as an insured. The Contractor in installing equipment supplied by the PHA shall carry insurance on such equipment from the time the Contractor takes possession thereof until the Contract work is accepted by the PHA. The Builder’s Risk Insurance need not be carried on excavations, piers, footings, or foundations until such time as work on the super-structure is started. It need not be carried on landscape work.

Policies shall furnish coverage at all times for the full cash value of all completed construction, as well as materials in place and/or stored at the site(s), whether or not partial payment has been made by the PHA.