IrvingCC Packet 2010-08-25

8/9/2019 IrvingCC Packet 2010-08-25

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City Council Special MAugust 25

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2 Resolution--Authorizing the Filing of an Expedited Declaratory Judgment PetitionRegarding the Issuance of Public Securities to Finance the Planning, Design, andConstruction of the Entertainment Center and Hotel Project

Administrative Comments

1. This item supports Strategic Goal No. 3: Economic Development.

2. Impact: Approval of the resolution will authorize the Citys attorneys to file the bondvalidation suit to provide assurances regarding the funding of the Entertainment Centerand Hotel Project.

3. Staff recommends filing an expedited declaratory judgment petition to obtain judiciavalidation of the revenue sources and the proposed use of funds for the EntertainmentCenter and Hotel Project. The courts judgment will provide assurances to bondholdersand equity investors that the City is properly utilizing statutorily authorized revenues tofund the project.

4. Bond Counsel will be available in executive session to brief the Council on the litigationprocess.

5. The resolution also approves the form of the bond ordinances for the three series omunicipal bonds. Current drafts of the ordinances are attached. The ordinances arestill being reviewed and any changes will be distributed at the council meeting.

6. No additional funding is required because the City Council previously authorizedVinson & Elkins, LLP, to prepare the pleadings.

Recommendation

The resolution be approved.

3 Resolution--Approving Concessionaire Non-Disturbance Agreements Between theCity of Irving and the Las Colinas Group, LP with Blue Marble 360, LLC, BConcessionaire-Las Colinas, LLC, BB Concepts, LLC, and B Retail, LLC, Related tothe Irving Entertainment Center and Hotel Project



2. Impact: These agreements approve the terms of the concessionaire agreements forthe Irving Entertainment Center at Las Colinas and provide for the agreements to

remain in effect should the City or Tenant terminate the lease agreement.3. The City has entered into a development agreement and lease with Las Colinas Group

LP (Tenant) to construct, lease and operate the Irving Entertainment Center at LasColinas. The Tenant is required to enter into an agreement with a concessionaire toprovide food and beverage concessions within the entertainment center. In additionthe Tenant has entered into agreements for other operation activities. Theconcessionaire and other providers have requested that the City acknowledge theseagreements and agree to allow the agreements to continue as a direct relationship withthe City in the event that the City terminates the lease with the Tenant. The Non-


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Disturbance Agreements benefit the City because of assurances that theconcessionaire will continue to operate even if the Tenant or the City terminates thelease.

4. On June 3, 2010, the Tenant entered into a Content Agreement with Blue Marble 360

LLC, for the content intellectual property rights related to recording, replay anddistribution of live performances at the Irving Entertainment Center at Las Colinas.

5. On May 28, 2010, the Tenant entered into a Concession Agreement with BConcessionaire Las Colinas, LLC, doing business as Texas Hospitality Group, forpre-development consulting services and for the food and beverage operations relatedto the Irving Entertainment Center at Las Colinas.

6. On May 28, 2010, the Tenant entered into a Concepts Agreement with BB ConceptsLLC, to develop food and beverage design concepts and other intellectual propertytalent booking and production assistance for the operation of the Irving EntertainmentCenter at Las Colinas.

7. On May 28, 2010, the Tenant entered into a Retail Sublease with B Retail, LLC, for theIrving Entertainment Center at Las Colinas.

8. The Concessionaire Non-Disturbance Agreements provide for the subordination ofthese agreements to the Development Agreement and Lease with the Tenant.

Recommendation


4 Ordinance--Amending the Code of Civil and Criminal Ordinances of the City of

Irving, Texas, by Adding Chapter 16G, "Irving Entertainment Center AdmissionsTax"; Providing Definitions; Providing for the Levy, Imposition, and Use of a 10Percent Tax on Each Ticket Sold as an Admission to an Event Held at IrvingEntertainment Center; Providing Collection, Reporting, Payment, andRecordkeeping Requirements and Procedures; Providing for Interest and CivilPenalties; and Providing for a Fine of Up to $500 for Each Offense in Violation of theOrdinance



2. Impact: Approval of the ordinance will levy and impose the admissions tax for theentertainment center and hotel project.

3. In November of 2007, Irving voters overwhelmingly approved the imposition of a 10%admissions tax to provide funding for the development, construction and financing ofthe entertainment center and hotel project to support Irvings convention center.

4. The proposed ordinance will require the Citys lessee/operator of the entertainmentcenter to charge a 10% admissions tax on the price of each admission ticket sold at thevenue. State law and the ordinance allow the lessee to retain 1% of the tax proceedsto offset the cost of collecting the tax.


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5. These tax revenues will be pledged to repay the bonds sold to finance the entertainmentcenter and hotel project.

Recommendation

The ordinance be adopted.

5 Ordinance--Amending the Code of Civil and Criminal Ordinances of the City ofIrving, Texas, by Adding Chapter 16H, "Irving Entertainment Center Parking Tax";Providing Definitions; Providing for the Levy, Imposition, and Use of a Tax Equal to$3.00 Per Motor Vehicle on Each Motor Vehicle Parked in a Parking Facility for IrvingEntertainment Center; Providing Collection, Reporting, Payment, andRecordkeeping Requirements and Procedures; Providing for Interest and CivilPenalties; and Providing for a Fine of Up to $500 for Each Offense in Violation of theOrdinance



2. Impact: Approval of the ordinance will levy and impose the parking tax for theentertainment center and hotel project.

3. In November of 2007, Irving voters overwhelmingly approved the imposition of a $3 pevehicle parking tax to provide funding for the planning, construction and financing of theentertainment center and hotel project to support Irvings convention center.

4. The proposed ordinance will require the Citys lessee/operator of the entertainmencenter to charge a parking tax of $3 per vehicle for all cars parked in parking facilities

controlled by the lessee/operator, including the Urban Towers parking garage duringthe times authorized by the Urban Towers parking lease approved by the City Councion May 28, 2009 (Res. No. RES-2009-225). The ordinance will also levy the parkingtax on vehicles parked at any parking facilities contractually secured by thelessee/operator for festival or special event parking. State law and the ordinance allowthe lessee/operator to retain 1% of the tax proceeds to offset the cost of collecting thetax.

5. These tax revenues will be pledged to repay the bonds sold to finance theentertainment center and hotel project.

Recommendation

The ordinance be adopted.


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AGENDA ITEM SUMMARY

Meeting: 8/25/2010 DOC ID: 3522Recommending Department: Housing and Human Services LSR No: 11347

Resolution -- Approving and Accepting the Proposal of Key Life Homes,

Inc., for Development of Vacant Lots on Tudor Lane


1. This item supports Strategic Goal No. 2: Vibrant Neighborhoods.

2. This item has been recommended by Housing and Human Services.

3. Impact: Providing homeownership opportunities for income qualified individualsand families who wish to reside in Irving.

4. The City issued a request for proposal for the design, engineering, anddevelopment of the three acre site on Tudor Lane, which also included the

construction of at least 14 single family residences. The goal is to initiate therevitalization of Tudor Lane by creating a safe, livable, model block neighborhood.

5. Key Life Homes, Inc. is an Irving based builder who has participated in a number ofhousing development projects within the City of Irving. This developer has anexceptional record in partnering with community housing developmentorganizations to assist with the redevelopment of various areas in the city.

6. The proposal was reviewed in accordance with pre-established criteria whichincluded the quality of the development concept, benefits to the city and community,project feasibility, as well as the developers capacity and experience.

7. Funding in an amount not to exceed $1,975,000.00 is available in the Neighborhood

Stabilization Program Fund; an amount not to exceed $400,000.00 is available inthe Community Development Block Grant Fund; and an amount not to exceed$207,700.00 is available in the Home Investment Partnerships Grant Fund. Totalfunding for this contract is $2,582,700.00.

Recommendation


ADDITIONAL COMMENTS:

Contract Required: Yes Review Completed By: Matthew Boyle

Previous Action: N/A Council Action: N/AComments: The only proposal received in response to this solicitation meets the criteriaestablished in the RFP and is being recommended for award. Purchasing has assigned#237D-10F to this proposal for tracking purposes.

ATTACHMENTS:

Evaluation Summary (PDF)

237D-10F Development of Lots Tudor Lane (PDF)

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CURRENT YEAR FINANCIAL IMPACT:

2021-4251-56401-9058 Budget: $1,975,000.00 Actual: $1,975,000.00201008-4255-56401-907071 Budget: $ 400,000.00 Actual: $ 400,000.00202009-4256-56401-909015 Budget: $ 270,700.00 Actual: $ 207,700.00Budget Adjustment/Transfer Required: No

REVISION INFORMATION:

Prepared: 8/13/2010 01:40 PM by Marsha HughesLast Updated: 8/20/2010 12:04 PM by Vicki Ebner

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CITY OF IRVING

COUNCIL RESOLUTION NO. (ID # 3522)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS:

SECTION I. THAT the City Council hereby approves and accepts the proposal of Key LifeHomes, Inc., in the net amount of $2,582,700.00 for Development of Vacant Lots onTudor Lane, and awards the contract to said company in said amount, and authorizesthe Mayor to execute any necessary contract.

SECTION II. THAT this expenditure shall be charged to Account Nos. 2021-4251-56401-9058,201008-4255-56401-907071, and 202009-4256-56401-909015 in the total net amountof $2,582,700.00.

SECTION III. THAT this resolution shall take effect from and after its final date of passage, and it isaccordingly so ordered.

THIS IS TO CERTIFY THAT FUNDS ARE AVAILABLE FOR THIS EXPENDITURE.

__________________________________Max S. Duplant, CPA

Chief Financial Officer

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF IRVING, TEXAS,

on August 25, 2010.

________________________________HERBERT A. GEARS

MAYOR

ATTEST:

_______________________________Shanae Jennings

Acting City Secretary

APPROVED AS TO FORM:

_______________________________Charles R. AndersonCity Attorney

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*Recommended for award

Vendors

Quality of

Development

Concept (35)

Benefits to City

and Community

(20)

Project

Feasibility (25)

Developer

Capacity and

Experience (20)

Total (100

Key Life Homes 31 18 22 19 90

237M-10F Development of Vacant Lots - Tudor Lane, Add 2

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Attachment: Evaluation Summary (3522 : 30P42 Tudor Lane Lots Developmen


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SOLICITATION OVERVIEW

The City of Irving is soliciting proposals for:

TITLE: Vacant Lots for Development - Tudor LaneRFP Number: 237D-10FCommodity: 0105 General ConstructionDue Date: 3:00 p.m., Wednesday, August 18, 2010Location: City of Irving, Purchasing Division

845 W. Irving Blvd.

Irving, Texas 75060Pre-Proposal Conference:

Date: August 5, 2010Time: 10:00 a.m.Location: Purchasing Conference Room

845 W. Irving Blvd.Irving, Texas 75060

This conference is recommended, but not mandatory

Public Opening of Proposals:There will be a public opening of proposals in the Purchasing Division

conference room immediately following the proposal due time/date. Only thenames of proposers will be read aloud. Interested parties are invited to attend.

Written Questions:Submit written questions to:Darlene Rush, Interim Purchasing Manager at [email protected],Sam Jackson, Construction Services Coordinator, at [email protected] and

Galen Price, at [email protected] may be submitted through 3:00 p.m., August 11, 2010.No verbal questions will be accepted.Questions of a substantial nature will be addressed in an addendum, posted

on the Citys Purchasing Web page for all interested parties whose contactinformation is recorded and legible.

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TABLE OF CONTENTS for RFP 237D-10F

Solicitation Overview........................................................................................................1Table of Contents ............................................................................................................2Scope of Work ........................................................................................................... 3-16Exhibit A, Aerial Photo ...................................................................................................17Exhibit B, Street Design Plan.........................................................................................18Exhibit C, General Construction Specifications........................................................ 19-24Summary Response Page .............................................................................................25Attachment A-2, Standard Terms and Conditions.................................................... 26-31

Attachment B-3, General Instructions to Proposers................................................. 32-33Attachment B-4, Special Instructions to Proposers.................................................. 34-35Attachment B-8, Checklist for Proposers .......................................................................36Attachment B-10, Map Locating Purchasing Division ....................................................37Attachment C-1, Conflict of Interest Instructions ...........................................................38Attachment C-2, Conflict of Interest Statement........................................................ 39-40Attachment C-4, Prevailing Wage Rates.................................................................. 41-42Attachment D-3, Insurance Requirements for Services ........................................... 43-44Attachment D-4, Insurance Affidavit...............................................................................46Attachment D-6, Indemnification by Contractor..............................................................47Attachment D-7,Contractors Certification of Workers Compensation ..........................48

Attachment E-1, Environmental Commitment ................................................................49Attachment E-2, Environmental Stewardship.................................................................50Attachment F-1, Good Faith Effort Program Overview...................................................51Attachment F-2, Good Faith Effort Affidavit ..................................................................52Attachment G-2, Bonding Requirements for Services....................................................53Attachment G-4, Sample Performance Bond.................................................................54Attachment G-5, Sample Payment Bond .......................................................................55Attachment G-6, Sample Maintenance Bond........................................................... 56-57Attachment H-7, NCLC Contract ............................................................................. 58-81Attachment C-4, Prevailing Wage Rates.................................................................. 82-83

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Scope of Work and General Information

Part I: Tudor Lane

The City of Irving is pleased to offer vacant lots to be redeveloped by a qualifiedDeveloper into single-family owner-occupied affordable housing units.

The properties were purchased by the City of Irving for the purpose of providing qualityaffordable housing in these neighborhoods. The properties are located on Tudor Lanebetween Claude Way and Crandall.

The lots may be visited at any time by interested applicants.

To date, the City of Irving Housing and Human Services Department has funded a totalof 45 affordable housing units for low to moderate income families. This has produced aproduced a positive social and economic impact within the City of Irving.

Affordable Homeownership

This Request for Proposal (RFP) is to solicit a qualified developer and/or generalcontractor to design, engineer, and develop a 3 acre site for the development of singlefamily attached and single family detached homes. The qualified developer and/orgeneral contractor will construct at least 14 single family attached homes to be sold toqualified buyers whose incomes are at or below 120% of the City of Irving Area MedianIncome (AMI). The City of Irving Median Family Income (MFI) for FY 2010 is $68,300.On the following page is a table that provides income levels for families at 30%, 50%,80%, and 120% of the AMI, based on household composition.

Income LimitsIrving, TX PMSA (FY 2010 AMI: $68,300)

# inHousehold 1 2 3 4 5 6 7 8


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Part II: General Information

The City of Irving seeks proposals to develop at least 14 units of homeownershiphousing in connection with City of Irvings revitalization of a two block area on TudorLane. The City of Irvings goal is to further the success of the Tudor Lane Project bycreating homeownership opportunities, especially for residents of the City of Irving.

In addition to complying with all City of Irving regulations, the developer must complywith all Federal, State, and local laws and regulations.

City of Irvings contribution to the project will be the land located on Tudor Lane, valuedat $1.8 million.

Properties

All of the properties and property information, including maps and photos, are found inExhibit A and B. Exhibit B is a drawing of the street design including alleyways.

Part III: Proposal Submission Procedures

In connection with this RFP, Proposers must submit an original proposal and fourcopies. At a minimum the proposal shall contain all the information requested in thisRFP. Proposals shall be submitted Wednesday, August 18, 2010, no later than 3:00pm CST:

City of Irving, TexasPurchasing Department

845 W. Irving BlvdIrving, Texas 75060

Any proposal received after the specified date and time will not be considered. Allproposals must be at the Purchasing office of the City of Irving, 845 W. Irving Blvd.,Irving, Texas, 75060 on or before the above-specified date and time. If you choose tomail your proposal, it must arrive by the specified date and time, regardless of thepostmark date. There will be no exceptions.

Evaluation of Proposals

City staff will first examine the proposals to determine their conformance with the RFP.Any proposals that are determined to be non-responsive may be rejected. Therefore,applicant should exercise particular care in reviewing the required proposal format as setforth in this RFP. See Section VI for a description of the process for evaluation ofproposals.

Award of the Proposal

Award will be made to the responsive, respondent scoring the highest points, asdetermined by the Citys evaluation team, and meeting the U. S. Department of Housingand Urban Developments requirements under the Neighborhood Stabilization Program(NSP), administered through the Texas Department of Housing and Community Affairs(TDHCA), CDBG and HOME programs. The City reserves the right to reject any or allproposals, to accept or reject any one or more items of a proposal, or to waive anyirregularities or informalities in a proposal.

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Pre-Proposal Conference

A pre-proposal conference will be held 10:00 am, August 5, 2010, convening at 845W. Irving Blvd., Irving, Texas, to provide an overview of the RFP and to respond toquestions. Participation in the conference is a prerequisite for a successful submission.

Information Provided by the City

Information included in or provided with this Request for Proposals (RFP) is providedsolely for the convenience of the applicant. WHILE THIS INFORMATION IS BELIEVEDTO BE ACCURATE, NO REPRESENTATION OR WARRANTY OF ANY KIND IS MADEBY THE IHFC AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATIONINCLUDED IN OR PROVIDED WITH THIS RFP. The Applicant is solely responsible forconducting such independent due diligence investigations as may be necessary for thepreparation of proposals. The City of Irving and its employees, consultants, agents, andadvisors are not responsible for the completeness or accuracy of any informationdistributed or made available, orally or in writing, during this procurement process

Costs and Expenses of Applicant

The City of Irving accepts no liability under any circumstances for any costs or expensesincurred by applicant in making a proposal, visiting and evaluating the four properties,attending any meetings or interviews, and participating in negotiations of the agreement,or in acquiring information, clarifying or responding to any condition, request, or standardcontained in this RFP. Each applicant who participates in this procurement processdoes so at its own expense and risk and agrees that the City of Irving shall notreimburse any costs incurred during this process, whether or not any award results fromthe solicitation.

Part lV: TERMS OF OFFERING

The City of Irving is seeking applicants who are willing and able to develop and build theproperties in accordance with the goals as stated herein and in compliance withStandards and Controls established for the properties and other applicable andgoverning rules and regulations.

The goals of the City of Irving in seeking development for the lots include, but are notlimited to, the following:

1. Ensure that a sound understanding of the Irving housing market is applied to ensurethe creation of high-quality single family housing.

2. Offer additional benefits to the greater Tudor Lane neighborhoods and the City ofIrving as a whole.

3. Build homes that will earn the Energy Star designation for energy efficiency orabove.

4. Create quality single family housing affordable for purchase by low and moderateincome families.

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5. Develop housing that will be affordable to families earning at or less than 120percent of the Area Median Income. If qualified, homebuyers may utilize homebuyersassistance through the NSP funds, provided through TDHCA and City of IrvingsHomebuyers Assistance Program and will be able to have a HOME Grant Agreement.

STANDARDS AND CONTROLS

Site Conditions and Terms

1. The City of Irving is offering the properties listed in Exhibit A and B to a Developer,which will develop the lots into high quality, affordable housing for low moderate incomehomebuyers.

2. It is the intention of the City of Irving to offer the properties identified in Exhibit A andB as one package. Applicants may submit a proposal submitted for all of the propertiesidentified in Exhibits A and B. Proposals submitted for all of the lots will be givenpreference in the evaluation of the proposals.

3. The sites will remain the property of the City of Irving. The property will betransferred if necessary for interim finance purposes.

Use

1. The City of Irving is committed to creating single-family, owner-occupied housing anddevelopment will be limited to that use.

2. The lots are governed by restrictions that include zoning ordinances.

Financing Assumptions

1. Financing for the construction of the project will be provided by the builder. City ofIrving will pay Developer within 45-60 days of completion of homes.

Design Guidelines

1. Proposals should provide such landscaping and external treatments that beautifyand maintain the character of the neighborhood. Landscaping designs that areattractive, unique, aesthetically pleasing, and energy efficient to the surroundingenvironment will be required. Energy efficient landscaping techniques including usinglocal materials, on-site compositing and chipping to reduce green waste hauling, handtools instead of gas powered, buying stock from local growers to avoid energy intransporting, and similar techniques.

2. Use of additional energy-efficient and environmentally sensitive materials (GreenBuilding) and processes will be required.

3. Refer to the minimum specifications, as shown in Exhibit C

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Additional Applicant Responsibilities

1. The applicant shall be responsible for obtaining all permits, standard regulatoryapprovals, or regulatory changes of any kind, as well as any required engineering andenvironmental studies.

2. Any costs of surveys, legal descriptions, and any other typical development softcosts shall be included in the total development costs.

Applicant may be asked to respond to follow-up questions from the City of Irving.

PART V: PROPOSAL SUBMISSION REQUIREMENTS

General Requirements

Submission of a proposal shall constitute acknowledgement and acceptance of all theterms and conditions contained in this RFP. Once submitted, proposals in response tothis RFP cannot be altered without the City of Irvings express written consent.Proposals may be modified in writing at any time prior to the due date and time.

Compliance with RFP

All proposals must be in compliance with this RFP. Each applicant must furnish theinformation required by the RFP. Proposals submitted without requested informationand or the forms included in the RFP will be considered non-responsive and rejected.Any alteration of the wording in the RFP by the applicant may result in rejection of theproposal.

In performing the Agreement, the applicant agrees to use diligent efforts to purchase allgoods and services from Irving businesses whenever such goods and services arecomparable in availability, quality, and price.

As a matter of policy with respect to the City of Irvings policy on projects andprocurements, the City of Irving also encourages the use, if applicable, of qualifiedcontractors, subcontractors and suppliers where at least fifty-one percent (51%) of theownership of such contractor, subcontractor or supplier is vested in racial or ethnicminorities or women owned businesses. In the selection of subcontractors, the applicantagrees to consider this policy and use its reasonable and best efforts to select andemploy such companies and persons for work and supplies under the Agreement.

No lobbying of City of Irving employees, officials, or City Council members will bepermitted or tolerated. The City of Irving will not provide information about itsdetermination or any proposals received until after the award of the contract.

Proposal Delivery and Acceptance

Proposals must be received by the City of Irving Purchasing Department, 845 W. IrvingBlvd., Irving, Texas, 75060 no later than 3:00 pm on August 18, 2010. The City ofIrving will not be responsible for failure of services on the part of the U.S. Postal Office,courier companies, or any other form of delivery service chosen by the bidder. Late bidswill not be accepted or if dropped off, will be returned to the respondent unopened.

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Applicant must submit one (1) original and four (4) numbered copies of each proposaltotaling (5) submissions of each proposal (bound in a loose-leaf notebook to lay flatwhen read) in a sealed envelope or box. All proposals must have a table of contentsand each section tabbed. Applicant shall mark the RFP number, due date, andcompany name clearly on the outside of the box or envelope.

Explanations or Clarifications

Any explanation, clarification, or interpretation desired by an applicant regarding any partof the RFP must be requested in writing from the City of Irving no later than the datespecified herein. Requests for explanations or clarifications may be emailed, faxed, ormailed to the contact person identified as the contact person for the RFP.

All requests must be received by the dates specified on the cover page and clearlyidentify the applicant company name, point of contact and RFP number. Nothing statedor discussed orally during any conversation, pre-proposal conference, interview or othersession shall alter, modify or change the requirements of this RFP. Only interpretations,explanations, or clarifications of this RFP and answers to questions that are incorporatedinto a written amendment or addendum to this RFP issued by the City of Irving shall beconsidered by applicant. Any amendments or addenda will be distributed in the same

manner as the RFP, but it shall be the responsibility of the applicant to make inquiries asto the addenda issued. All such amendments or addenda shall be become part of thisRFP, and all applicants shall be bound by such amendments or addenda. Eachamendment or addendum issued will be on file in the City of Irving PurchasingDepartment.

Ambiguity, Conflict or Errors in RFP

Applicants are expected to carefully examine all documents that make up the RFP. TheCity of Irving assumes no responsibility for any errors or misrepresentations that resultfrom the use of an incomplete RFP. If an applicant discovers any ambiguity, conflict,discrepancy, omission, or other error in this RFP, it shall immediately notify the City ofIrving of such error in writing and request modification or clarification of the document.The City of Irving will make modifications by issuing a written revision and will givewritten notice to all parties who have received the RFP from the City of Irving. Theapplicant is responsible for clarifying any ambiguity, conflict, discrepancy, omission, orother error in the RFP prior to submitting the proposal. Implied Requirements: Productsand services that are not specifically requested in this RFP but which are necessary toprovide the functional capabilities proposed by the applicant, should be included in theproposal.

Proprietary Information

All material submitted to the City of Irving becomes public property and is subject to theTexas Public Information Act upon receipt. Any material that is to be consideredconfidential in nature must be clearly marked as such and shall be treated asconfidential to the extent allowable under the Texas Public Information Act. Tradesecrets, proprietary and/or confidential information MUST be placed in a separateenvelope marked CONFIDENTIAL INFORMATION and EACH PAGE must be markedCONFIDENTIAL INFORMATION. Failure to identify proprietary information will resultin all unmarked sections being deemed non-proprietary and available upon publicrequest.

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In the event that the City of Irving receives a request for information that an applicanthas previously marked as proprietary or confidential, the City of Irving will request adecision from the Texas Attorney General on the matter and will notify the applicant inaccordance with the Texas Public Information Act. The final decision as to whatinformation must be disclosed lies with the Texas Attorney General.

Cancellation or Modification of RFP and Rejection of Any and All Proposals

The City of Irving reserves the right to withdraw this RFP at any time and for any reasonand to issue clarifications, modifications, and/or amendments, as it may deemappropriate. If there is any disagreement or discrepancy between this RFP and anysupplement or amendment, the most recent supplement or amendment shall govern.The City of Irving reserves the right to waive irregularities in proposals, if such action isin the best interest of the City of Irving. Any such waiver shall not modify any remainingRFP requirements or excuse the applicant from full compliance with the RFPspecifications and other contract requirements if the applicant is awarded the contract.

The City of Irving shall accept all proposals for review that are prepared and submitted inconformance with this RFP, but reserves the right to accept or reject in whole or in partany or all proposals submitted. The City of Irving reserves the right to request

clarifications or corrections to proposals. The unreasonable failure of an applicant topromptly supply information in connection with such a request may be grounds fordetermination of non-responsiveness and rejection of the proposal. Receipt of aproposal by the City of Irving or submission of a proposal to the City of Irving confers norights upon the applicant, nor does it obligate the City of Irving in any manner. The Cityof Irving reserves, at its sole discretion, the right to determine which applicants arequalified to provide services requested in this RFP.

The City of Irving, in its sole discretion, may exclude an applicant from furtherparticipation in the negotiation process if it determines that the applicant is severelyfalling behind in negotiations, without any apparent or documented reason for suchdelay. The notification of such exclusion from further negotiation shall be in writing,signed by the City of Irving signature authority, and delivered to the applicant by certifiedmail.

Conducting Investigations/Requesting Supplementary Information

The City of Irving reserves the right to conduct investigations with respect to thequalifications, experience and representations of the applicant and applicant teammembers and require applicant to supplement, clarify or provide additional information inorder for the City of Irving to evaluate proposals submitted. Each applicant andapplicant team member, through its request for receipt of this RFP and participation inthis procurement, consents to such investigations.

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Applicant Indemnification of the City of Irving

APPLICANT DOES HEREBY AGREE TO WAIVE ALL CLAIMS, RELEASE,INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY OF IRVING AND ALL OFITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES, IN BOTH THEIR PUBLICAND PRIVATE CAPACITIES, FROM AND AGAINST ANY AND ALL LIABILITY,CLAIMS, LOSSES, DAMAGES, SUITS, DEMANDS OR CAUSES OF ACTIONINCLUDING ALL EXPENSES OF LITIGATION AND/OR SETTLEMENT, COURT

COSTS AND ATTORNEY FEES WHICH MAY ARISE BY REASON OF INJURY TO ORDEATH OF ANY PERSON OR FOR LOSS OF, DAMAGE TO, OR LOSS OF USE OFANY PROPERTY OCCASIONED BY ERROR, OMISSION, OR NEGLIGENT ACT OFAPPLICANT, HIS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS,INVITEES OR AN OTHER PERSON, OR FOR ANY CLAIM, LOSS DAMAGE, SUIT,DEMAND OR CAUSE OF ACTION RELATING TO THE PROPOSAL, AWARD,NEGOTIATION, OR SELECTION OF APPLICANT ARISING OUT OF OR INCONNECTION WITH THIS RFP, AND APPLICANT WILL AT HIS OR HER OWN COSTAND EXPENSE DEFEND AND PROTECT THE CITY OF IRVING FROM ANY AND ALLSUCH CLAIMS AND DEMANDS.

SUCH INDEMNITY SHALL APPLY WHETHER THE CLAIMS, LOSSES, DAMAGES,

SUITS, DEMAND OR CAUSES OF ACTION ARISE IN WHOLE OR IN PART FROMTHE NEGLIGENCE OF THE CITY OF IRVING, ITS OFFICERS, OFFICIALS, AGENTSOR EMPLOYEES. IT IS THE EXPRESS INTENTION THAT THE INDEMNITYPROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY THE APPLICANT TOINDEMNIFY AND PROTECT THE IHFC FROM THE CONSEQUENCES OF THECITYS OWN NEGLIGENCE, WHETHER THAT NEGLIGENCE IS A SOLE ORCONCURRING CAUSE OF THE INJURY, DEATH OR DAMAGE.

IN ANY AND ALL CLAIMS AGAINST ANY PARTY INDEMNIFIED HEREUNDER BYANY EMPLOYEE OR APPLICANT, ANY SUBCONTRACTOR, ANYONE DIRECTLY ORINDIRECTLY EMPLOYED BY ANY OF THEM OR ANYONE FOR WHOLE ACTS ANYOF THEM MAY BE LIABLE, THE INDEMNIFICATION OBLIGATION HEREINPROVIDED SHALL NOT BE LIMITED IN ANY WAY BY ANY LIMITATION ON THEAMOUNT OR TYPE OF DAMAGES, COMPENSATION OR BENEFITS PAYABLE BYOR FOR APPLICANT OR ANY SUBCONTRACTOR UNDER WORKMANSCOMPENSATION OR OTHER EMPLOYEE BENEFITS ACT.

BY SUBMISSION OF A RESPONSE TO RFP, APPLICANT AGREES THAT IS SHALLBE BOUND BY THE INDEMNIFICATION AND REMEDY PROVISIONS OF THIS RFP.IF ANY LIABILITY CLAIMS, LOSSES, DAMAGES, SUITS, DEMANDS OR CAUSES OFACTION ARISE OUT OF RFP, THE IHFC MAY SEEK PAYMENT OF ANY EXPENSESINCURRED IN DEFENSE, SETTLEMENT, OR PAYMENT OF ANY JUDGEMENTS,CONSTS, FEES, CHARGES, EXPENSES, OR ANY EXPENDITURE NECESSARYDUE TO THE LIABILITY, CLAIMS, LOSSES, DAMAGES, SUITS, DEMANDS ORCAUSES OF ACTION THAT ARISES OUT OF RFP FROM THE PROPOSALSECURITY PROVIDED BY APPLICANT PURSUANT TO SECTION VI.G OF RFP.

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Proposal Contents

Applicants are required to submit the following information in the format described belowand in sufficient detail to enable the City of Irving to give ample consideration to theproposal. Additional information regarding formatting, presentation, and delivery of theproposal can be found in this section under Submission Instructions.

DEVELOPMENT CONTENT

a. Each proposal must include a cover letter signed by an officer authorized to make abinding contractual commitment for the firms or organizations in the development team.

b. Each proposal must include complete applicant information. List one reliable, leadcontact for the development team. Please include primary and alternate phonenumbers.

c. Provide a narrative of the project describing the scope of work, scale and characterof the project, and any and all conditions thereon.

d. The narrative must also contain a description of the construction quality; green

building techniques utilized and any energy efficiency gains produced; and the quality ofthe internal and external aesthetics. The proposal must meet or exceed therequirements of the RFP as well as current City of Irving new construction buildingrequirements included in Exhibits A and B for each property. No variances will beallowed from these requirements. All properties will require City of Irving permits andinspections; permit fees will be waived.

e. Provide a proposed project design, including construction.

f. Pricing page should include an overall proposed price, with a breakdown of costsassociated with the following:

- Design and architecture of 1200 square foot, 2 story, 2 car attached rear entrygarage,- Construction of up to 14 1200 square foot, 2 story, 2 car attached rear entry garagehomes- Construction of Masonry Wall- Construction of Alleyway- Streetscaping- Site Development (including drainage plan, grading plan, utilities, storm waterplan(if necessary),etc. All of these are to be provided by the developer, not the City)

BENEFITS TO THE CITY AND COMMUNITY

a. Indicate any elements of the proposed project that will provide specific amenitiesand/or benefits to the immediate and surrounding the Tudor Lane communities and theCity of Irving as a whole.

FEASIBILITY

a. Provide a development budget indicating estimated costs of develop and building onthe sites. Include in this budget the estimated hard and soft costs for the actualproject. Provide a summary of the assumptions on which these estimates are based,such as previous comparable projects or estimates provided by contractors.

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b. Provide a detailed project timeline for the project from award of the City of Irvingcontract through the various stages of construction.

c. Identify in the proposal the construction price and number of bedrooms for each unitproposed.

DEVELOPER CAPACITY

a Provide a narrative statement describing the previous experience of the applicant anddevelopment team. Provide specific information on projects that are similar in scale andcharacter to the proposed development, including the nature and dollar value of eachproject, the project managers name and contact information from at least oneparticipating lending institution. Emphasize any exceptional or unique qualifications ofthe applicant. Include any prior experience working with grant funded projects. Pleaseprovide names, phone numbers, and addresses for at least three references.

b. Provide resumes of the project team, including, if applicable, architect, engineersof all appropriate disciplines, contractor and/or construction manager, marketing agentand property management firm. Resumes should include a description of experience

and completed projects that the reviewers may visit.

c. Applicant must provide sufficient financial information to establish the approximatenet worth and liquid assets available to the development team to complete the project.Provide supporting documentation for the above financial information. Be advised thatthe analysis of this statement will include a comparison of stated available assets andthe estimated equity required for the development. All financial information will betreated with the strictest confidence within the City of Irving.

d. Applicants are required to provide the current annual audit along with the mostrecent year-end financial statements.

e. Non-profit entities should provide a summary of funding sources.

Submission Instructions

1. Proposals must include, at minimum, the requirements listed in this RFP and mayinclude any background or other supporting information that the applicant feelsnecessary. They should be prepared in a professional manner and in the formatdescribed in this RFP.

2. The City of Irving will not be limited to the information provided by the applicant, butmay utilize other sources of information useful in evaluating the capabilities of theapplicant. Additional information or modifications to proposals may be requested of anyapplicant.

3. The City of Irving may in its sole discretion, cancel this RFP, in whole or in part. TheCity of Irving may in its sole discretion reject any or all proposals.

PART VI: EVALUATION CRITERIA

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The City of Irving will review proposals based on a scale of 100 points. The City of Irvingwill utilize the following criteria to evaluate the proposals received.

Criteria used in evaluation of proposals include, but are not limited to, the following:

Quality of Development Concept (35 Points)

1. Overall scope and quality of the proposed development

2. Meeting or exceeding the requirements of the RFP, particularly providing qualityhomeownership opportunities.

3. Meeting accepted green building and energy star standards such asrecommendations from the U.S. Green Building Council and U.S. Department of Energy.

4. Quality of the design for the proposed development, as well as its compatibility withthe surrounding neighborhoods.

5. Quality of the interior design and aesthetics.

6. Additional benefits to residents.

Benefits to the City and Community (20 Points)

1. Direct financial benefits to the City of Irving that include, but are not limited toincremental tax revenues and secondary financial impacts. Contributions to theeconomic growth of the City that include, but are not limited to, meeting the demand foraffordable quality housing and other positive contributions to long-term growth of theCity.

2. Meeting of a citywide service need, such as affordable housing.

3. Benefits to the community including, but is not limited to, streetscape improvements.

4. Support of the proposal by the Tudor Lane community and its residents will also beconsidered in this category.

Project Feasibility (25 Points)

1. Include a line time budget for each phase of construction.

2. Project is economically sound and based on established financial principles andsupported market assumptions.

3. Project may be accomplished in a timely manner.

4. Project does not have insurmountable regulatory hurdles or constraints.

Developer Capacity and Experience (20 Points)

1. The development team has a satisfactory record of past performance asdemonstrated by the applicant experience in planning, financing, constructing,

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marketing, and managing projects similar in size and scope to the proposed project.Note: Developer will be paid within 45-60 days upon completion of homes.

2. The applicant has a record of accomplishment of successful negotiations withgovernmental entities and/or community members on completed development projects.3. The applicant has the ability to provide or obtain sufficient resources to successfullynegotiate an agreement with the City of Irving to start and complete the project within atimely manner.

PART VI: DEVELOPMENT PROCESS

Development Oversight

The selected applicant must agree to the review and guidance of the City of Irving, theHousing and Human Services Department, and the Planning & Inspections Departmentin the preparation of plans in conformance with this RFP, the Zoning Ordinance, HistoricPreservation standards as applicable and other applicable codes and ordinances of the

City of Irving.

RIGHTS RESERVED BY THE CITY OF IRVING

The City of Irving reserves the right in its sole discretion to recommend the award of acontract related to this RFP based upon the written proposals received by the City ofIrving without prior discussion or negotiation with respect to those proposals. Allportions of this RFP will be considered to be part of the contract and will be incorporatedby reference. Any contract awarded in connection with the RFP will be subject toapprovals as required by the City Attorney of the City of Irving.

As part of the evaluation process, the City of Irving specifically reserves the right toreview and approve the drawings, plans and specifications for development with respectto their conformance with the goals and requirements of this RFP.

The City of Irving also reserves the right to refuse to approve any such drawings, plansor specifications that are not suitable or desirable, in its opinion, for aesthetic orfunctional reasons; and in so passing upon such drawings, plans and specifications, itshall have the right to take into consideration, but shall not be limited to, the suitability ofthe development plan, architectural treatment, building plans and elevations, materialsand color, construction details, access, parking, loading, landscaping, identificationsigns, exterior lighting, refuse collection details, street, sidewalks and the harmony of theplan with the surroundings.

The City of Irving reserves the right to accept or reject any and all proposals, at its solediscretion, received as a result of this RFP, to waive minor irregularities, and to conductdiscussions with all responsible applicants, in any manner necessary, to serve the bestinterest of the City of Irving.

The City of Irving reserves the right to request additional information from any or allapplicants if necessary to clarify statements or data contained in the proposals.

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The City of Irving reserves the right to reject any proposal as a result ofmisrepresentation of any information contained in the proposal.

While it is the present intention of the City of Irving to carry out the development of theseproperties as identified in this RFP as soon as practicable, nothing contained in this RFPshall be construed as a warranty or commitment on the part of the City of Irving to beobligate to make conveyance of any particular property. The City of Irving shall not beliable for any costs, damages, injuries, or liabilities caused to or suffered or incurred by

the Developer, its successors or assigns in connection with, or as a result of the City ofIrving inability to deliver clear title promptly to all included properties.

PART VII: ADMINISTRATIVE INFORMATION

Issuing Office

This RFP is issued by the City of Irving Purchasing Department, 845 W. Irving Blvd,Irving, TX 75060. Proposals may be downloaded from the Citys website atwww.cityofirving.org.

Property Inspections

Properties are available for inspection on an ongoing basis.

Revisions and Addenda

Should it become necessary to revise any part of this RFP, provide additionalinformation necessary to adequately interpret provisions and requirements of this RFP,an Addendum to the RFP shall be provided. The City of Irving will appropriately updatethe web version of the RFP, should any such revisions or addenda be necessary.Because the City of Irving may not have contact information for applicants who chooseto acquire the RFP from the City of Irving website, it is recommended that such entitiesreview subsequent postings periodically to maintain current information about theoffering.

Deadline

The deadline for receipt of proposals is 3:00 pm, August 18, 2010. Proposals will bedated and time stamped upon submission and a receipt will be provided. The City ofIrving shall not accept proposals after the deadline. Use of the U.S. Postal Service,private delivery companies or courier services is undertaken at the sole risk of theapplicant. It is the applicant sole responsibility to ensure that the proposal is in thepossession of the issuing office by the deadline.

Incurring Expenses

The City of Irving shall not be responsible for nor in fact will pay any cost incurred by anyapplicant in preparing and submitting a proposal or requested supplemental informationin response to the RFP.

Public Information Act Notice

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The City of Irving commits to handling all information regarding financial assets andholding of applicant in strictest confidence. Applicant should give specific attention toidentifying any additional portions of their proposals that they deem to be confidential,proprietary information, or trade secrets and provide any justification why such material,should not be disclosed by the City of Irving under the Texas Public Information ActChapter 552 of the Texas Government Code.

Compliance with the Law

By submitting an offer in response to this RFP, the applicant selected for award agreesthat it will comply with all Federal, State, and City laws, rules, regulations, andordinances applicable to its activities and obligations under this RFP.

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EXHIBIT A TUDOR LANE LOCATION

AERIAL PHOTO

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EXHIBIT BTUDOR LANE LOCATIONSTREET DESIGN PLAN

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EXHIBIT C

GENERAL SPECIFICATIONS FOR ENERGY EFFICIENT RESIDENTIAL CONSTRUCTIONFOR THE CITY OF IRVING HOUSING DEPARTMENT

1. The size of the Home:1. The two story home is to be - 1200 min. to 1850 max. sq. ft. 3 bedrooms, 2 baths.2. The square footage of the home is based on the air conditioned space only and

does not include the garage area or porches.3. The design of the home should be complimentary to the neighborhood in which the

home is being built (ex. Hardie, Wood, or brick).4. The home must comply with the Energy Star program.5. Construction duration to be up to 120 days.

2. General Site Matters:1. 18 wide driveway - broom finish the concrete and slope to drain.2. 3 wide entry walk - broom finish concrete, no step to the porch level allow for WC

access and slope to drain.3. Patio 100 sq. ft. broom finish concrete and slope to drain.4. Fence to be - 6 high treated w/metal posts and 1 man Gate @ 3-0 min.

5. Contractor shall replace any city sidewalk or existing driveway that is broken orcracked during construction. (replace sections of the walk from joint to joint, addressthe driveway as agreed upon by contractor, and city staff).

6. The minimum finish floor of a new home is to be as per the grading plan, submitted bythe developer and approved by the city, and the final grade shall be sloped to drain.

3. Foundation:1. Provide an engineered post tension slab on grade foundation.2. Foundation design, for bidding purposes only, to be based on a 4 inch Monolithic

12x28 grade beams poured concrete foundation, 3000 PSI min., including porch3. Provide positive drainage from slab, with 4 to 6 inches of revealed slab from

grade to finish floor an shall be per grading plan.

4. Framing:1. Standard 9 ft. plate line for all walls (pop ups, slopes, boxes to be per specific plan).2. All exterior walls to be 2x6 #2 douglas fir or equal @ 24 o.c.3. All corners to be open framed to allow for full insulation no dead corners or Ts.4. Exterior walls that have plumbing in them, shall be set in an additional 3 min. and

located inside of a furred out wall to allow for Full insulation in the insulated exteriorwall.

5. All interior walls to be 2x4 #2 fir or equal @ 16 o.c. all frames lumber to be # 2 fir. orequal.

6. All materials to be approved.7. Tyvek or equal house wrap on exterior walls.

5. Siding and Soffits:1. Provide Hardie board or HHS approved similar product for all siding, soffit and fasciaper plan.2. 16 minimum overhang on Soffit.3. Do not provide soffit vents.

6. Roofing:

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1. 7/16 OSB roof decking w/ H-clips.2. 30 year dimensional composition shingle roofing material.3. Provide #15 asphalt felt under roofing shingles with #30 in all valleys.4. Do not provide roof vents.

7. Exterior Finish:1. Hardie Board siding or equal.2. Paint all exterior siding, soffit and fascia, caulk, prep and prime w/ 2coats. Exterior

latex paint.3. Exterior Doors to be painted w/ 2coats exterior latex paint.

8. Windows:1. All windows to be double pane insulated low E, vinyl windows, complying with

energy code.2. All windows to be caulked with silicone to adjacent material to prevent water

infiltration.3. Provide plastic flashing at all windows and install in shingle fashion with the

house wrap.

9. Gutters:

1. Provide aluminum seamless gutters at the exterior doors and garage door withdownspouts and splash blocks.

10. Exterior Electrical & Lighting:1. Exterior lighting to be 1 - overhead light at front door / porch, 1 - wall mount

fixture at/near the rear door.2. 3 exterior GFIs located as follows: 1 @ front, 1 @ rear and 1 @ a/c condenser

per code.

11. Exterior doors:A. Front Door:

1. Front Door to be 3 - 0 x 6 - 8, 6 panel fiberglass or hollow metal insulated door w/peep hole double bored, locks to be as follows:

B. Rear Door:1. Rear door to be 2 - 8 6 - 8, 1 - light, insulated metal door double bored.

C. Exterior locks to be:A. 1 - lever keyed lock, B. 1 single cylinder dead bolt lock.

12. Insulation:1. Install R- 20 open cell foam approximately 5 insulation at all

exterior walls and attic of living space.2. Provide same foam insulation at pony walls separating living space from

the garage or porch areas.3. Provide full poly seal/weatherization - sealing of the entire house, includingsealing around all windows, door openings and all holes and penetrations prior tofoaming THIS STEP IS VERY IMPORTANT4. Garage wall/house wall shall be insulated with foam.5. Provide no insulation at the ceiling level.

13. Cabinets and Tops:1. Pre-finished stained cabinets in kitchen area, 36 base cabinets.2. Provide 42 high upper cabinets in the kitchen.

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3. Pantry for food storage in kitchen area.4. 32 high pre-finished stained cabinets in bath areas 30 min. width, uppers per plan.5. Provide detailed shop drawings of all cabinets, prior to fabrication.6. Kitchen countertops and backsplash to be plastic laminate Wilsonart or equal.7. Bath countertops and backsplash to be cultured marble w/Integral bowl.8. Provide countertop samples for city staff approval.

14. Interior Doors and Trim:

A. Interior Doors:1. All interior doors to be 6 panel hardboard hollow core, 3 - 0 x 6 - 8, 1/ 3/8 thick.2. Bedroom doors to be minimum 2 - 8 x 6 - 83. Bi-Fold doors are not allowed.4. 3 - 0 x 6 - 8 solid core sealed door with threshold from garage to house.5. Bathroom doors to be 2 6 x 6 8

B. Interior door locks/hardware:1. Master bedroom and bath doors to have privacy locks.2. All other doors to be Passage Locks.

C. Interior Trim:

1. Base molding to be paint grade B322 , C322 casing or equal.2. Door casing painted.3. Closets to have MDF or equal painted shelves. wooden closet rods.4. Closets to have maximum hanging and storage space.

15. Wall and Floor Finishes:A. Wall and Ceiling Textures:

1. All drywall to 1/2 GWB.2. All walls and ceiling textures to be medium splatter drag provide sample

prior to proceeding.

B. Interior finishes:1. Provide low VOC Paint on all walls and ceilings, flat latex, 1 - color entire

house city staff to select.2. Trim paint/ interior doors, semi-gloss latex enamel, antique or acoustic white.

C. Flooring:1. Ceramic tile 12 x 12 minimum.2. 28 oz carpet and pad HUD / FHA approved flooring.3. Provide samples on all flooring.4. Other floor finish types to be subject to approval by city staff contractor to submit

samples.

16. Finish Schedule:A. Front Porch & Sidewalk:

1. Broom finish concrete floor and slope to drain.2. 1 WPGFI electrical outlet on wall.3. 1 Overhead light at ceiling.

B. Family Room:

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1. Base molding, painted.2. Doors / casing painted.3. 1 ceiling fan and light kit.4. Carpet and pad flooring.5. 1 T/V outlet.6. Wood burning fireplace with fresh air supplemental venting

C. Kitchen:

1. 1 ceiling mount fluorescent light 2 light 4.2. Ceramic tile floor.3. White appliance package.4. Stainless steel sink, chrome faucet w/Spray.5. 1 Telephone Outlet.6. Pantry for Food Storage.

D. Breakfast Nook:1. 1 Decorative ceiling mounted light fixture, chandelier.2. Ceramic tile floor.

E. Utility Room:

1. Surface mounted ceiling light with fluorescent blub.2. Space for washer full size washer and dryer electric 60 min. width.3. 1 MDF painted shelf (1 x 12 ) above washer / dryer.

F. Master Bedroom:1. 1- Ceiling Fan and Light Kit. 52.2. Carpet and Pad Flooring.3. 1 Telephone Outlet.4. 1 T/V Outlet.

G. Master Bedroom Closet:1. Surface mount closet fluorescent light fixture2. Carpet and pad flooring.

H. Master Bath:1. 1 Wall mounted light fixture above vanity 6 bulb.2. Ceramic tile floor.3. Standard mirror to be x 42 tall above vanity and same width as the vanity.4. 1 - 5 garden tub.5. 1 3 x 3 min. stand alone shower with glass shower door.6. White 2 pc toilet.7. Chrome tissue holder, towel ring and 24 towel bar, provide proper blocking.

I. All other Baths:1. 1-Wall mounted light fixture above vanity. 4 bulb2. Ceramic tile floor.3. Standard mirror to be x 42 tall above vanity and same width as the vanity.4. 1 steel tub with ceramic tile surround.5. White 2 pc toilet.6. Chrome tissue holder, Towel Ring and 24 Towel Bar. Provide proper blocking.

J. Bedrooms #2: ( Hall ):

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1. Ceiling fan and light kit, 522. Carpet and pad flooring.3. Closet w/ rod and shelves.4. 1 phone & 1 TV.

K. Bedroom #3:1. 1 Ceiling fan and light Kit, 52.2. Carpet and pad flooring.

3. Closet w/ rods and shelves.4. 1 Phone & 1 TV

L. Hall:1. 1 Ceiling mount light.2. Door bell chime to be located in the hallway.3. Provide Linen closet in hall.4. Carpet and pad flooring.

17. Appliance Package: provide all energy star equipment:1. All appliances to be GE, Whirlpool, or equal - provide specifications on all appliances.2. Standard 30 electric range / oven self cleaning.

3. Standard refrigerator with indoor water and ice dispenser.4. 30 microwave non-vented.5. Disposal hp.6. Standard dishwasher.7. All light bulbs to be energy savers, midgrade lighting package.

18. Garage:1. Walls and ceiling texture to be splattered drag.2. Provide two 2 light 4 foot surface mount fluorescent light fixtures.3. 2 GFI wall receptacles at 48 high.4. 1 16 x 7 overhead garage door w/ 1/3 HP automatic door opener.5. Smooth finish concrete floor slope toward the garage door.6. 1 65 gallon high eff., electric hot water heater on 18 platform, in safety pan w/ drain.7. Disappearing pull down stairs in garage area or per plan.8. Provide 3/4or two layers of 7/16 OSB attic flooring decking above garage area.9. Provide a through wall low vent 5 x 10 in the wall of the garage near the garagedoor.

19. Electrical System:1. All electrical outlets, switches, light fixtures, appliances as per NEC and IRC 2003.2. Telephone outlets w/ Cat 5 wiring.3. TV outlets w/ dual coaxial cables - per plan.4. Chime unit with doorbell button at front door, upstairs on 2 stories.5. 200 amp service with square D breakers.6. Pre-wire of homes for security systems

20. HVAC System:1. Provide 14 SEER heat pump system complying with Energy Star.2. Provide electric furnace & A/C system.3. Provide R/A filter grills at the ceiling or wall filters to be pleated type.4. Provide R-6 duct system.5. Provide a programmable thermostat by Honeywell or equal.

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21. Plumbing Fixtures: Delta, Moen, or equal:1. All fixtures to be Delta, Moen, or equal.2. Toilets to be white standard 2 pc toilet 1.6 GPF min.3. Refrigerator space in kitchen to be supplied w/ water for ice maker.4. Pex water lines are permissible.5. 13-D or 13R fire sprinkler system (single family attached)

22. Landscaping (must be drought resistant):1. Provide full sod (Bermuda or St. Augustine) in the front yard and back yard,parkway if applicable.

2. Provide 2-3 trees in the front yard and one in the back yard.3. Provide 8 to 10 - 3 gal. evergreen shrubs at 2-0 o.c. the front of the house.4. Care should be taken to preserve any existing trees as much as possible.5. Energy efficient landscaping techniques, including use of hand tools

on-site compositing and chipping to reduce greenwaste hauling.

23. Construction waste:Contractor to take measures to minimize construction waste, keepconstruction site clean and free of accumulating debris at all times. Any

site waste recyclable products that are on site should be recycled for future use.

24. Builder Community Contributions (All Builder contributions are required to meetCity of

Irving codes):Sprinkler SystemsLabor donation for fire sprinkler installationLandscaping

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CITY OF IRVING

PRICING PAGESRFP #237D-10F

DEVELOPMENT OF VACANT LOTS TUDOR LANE

Phase Cost

Grand Total Price Proposal

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CITY OF IRVING

SUMMARY RESPONSE PAGE for RFP #237D-10FDEVELOPMENT OF VACANT LOTS TUDOR LANE

COMPLETE LEGAL NAME of firm submitting proposal:

_____________________________________________________________

Mailing Address: ____________________________________________________

City, State, & Zip: ___________________________________________________

Phone: ___________________ E-mail Contact: __________________________

Authorized Signature______________________________Date_______________Signature indicates bidder accepts the specifications, terms and conditions of this solicitation and thatbidder is not delinquent on any payment due the City nor involved in any lawsuit against the City.

Print Name__________________________________ Title _____ _____________

PROPOSING as a ________Corporation __________ Non-Profit Corporation ___________ Limited Liability Company __________ Partnership___________ Individual or Sole Proprietor

M/WBE: If you are a minority-owned or woman-owned business, please checkwhich type and list any certification number. ______Black _____Hispanic

_____Asia-India _____Asia-Pacific____Native American _____ Woman-OwnedCertification # ____________________

PAYMENT PREFERENCE: Check all that apply:

_____EBT (electronic bank transfer) ______Check ______Credit cardA current W-9 must be submitted by vendors receiving an initial award from the City ofIrving.

COOPERATIVE PURCHASES: Should other governmental entities decide to participatein this contract, would you agree that all terms, conditions, specifications and pricingwould apply? Yes________No ________. If other governmental entities choose toparticipate, each entity will place its own order and be responsible for its own payments.

REFERENCES: This solicitation requires references. Please attach to this page a listthree references for completed projects similar in size, and preferably one in theMetroplex that can be viewed before the award. For each reference list name, contact

person, address, telephone, and e-mail address. The City may utilize other availableinformation in gaining a comprehensive overview of the bidders qualifications andrecord of performance.

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STANDARD TERMS AND CONDITIONSAttachment A-4

1. ApplicationThese standard terms and conditions shall apply to all City of Irving(hereafter City) solicitations and procurements, unless specificallyexcepted in the solicitation specifications.

2. RequirementsBy submitting a bid, the respondent agrees to provide the City of Irving with

the specified goods or services described in the solicitation in accordancewith these standard terms and conditions, at the agreed upon bid price andin compliance with the stated specifications and any subsequentaddendums issued prior to the date of the bid opening.

3. Legal ComplianceBidder or proposer must comply with all Federal, State and Local laws,statutes, ordinances, regulations and standards in effect at the time ofdelivery of goods and services, and must maintain any and all requiredlicenses and certificates required under the same laws, statutes,ordinances, regulations and standards for services and/or goods provided in

response to this solicitation.

4. Modifications and AddendumsThe City shall have the right to modify any of the solicitation documentsprior to submission deadline and will endeavor to notify potential bidders,but failure to notify shall impose no liability or obligation on the City. Allmodifications and addendums must be in written form prepared by the Citydepartment issuing the solicitation. Bidders are responsible forincorporating any and all modifications and addendums into their bidresponses.

5. Interpretation of Bid DocumentsThe City is the final judge of the meaning of any word(s) sentences,paragraphs or other parts of the bid documents. Bidders are encouraged toseek clarification, before submitting a bid, of any portion of the biddocuments that appears to be ambiguous, unclear, inconsistent, orotherwise in error. Clarifications will be in writing.

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6. Late BidsBids must be received in the Purchasing Office by the time specified in thesolicitation. The City will not accept late bids and is not responsible for thelateness or non-delivery of bids by the Postal Service or any private deliveryfirm. The time/date stamp in the Purchasing Office shall be the official timeof receipt.

7. Conditional BidsThe City will not accept conditional bids which qualify the bidders responsein any way. Any alterations, erasures or strikethroughs made by the bidderprior to submission of the bids must be initialed by the bidder to guaranteeauthenticity.

8. Minor IrregularitiesThe City reserves the right to waive any minor irregularities that do notmaterially affect the scope or pricing of submitted bids.

9. Responsiveness of Bids

The City wants to receive competitive bids, but will declare non-responsivebids that fail to meet significant requirements outlined in the solicitationdocuments.

10. Discrepancies and ErrorsIn the case of a discrepancy between the unit price and the extended totalfor a bid item, the unit price will prevail. The unit prices of bids that havebeen opened may not be changed for the purpose of correcting an error inthe bid price.

11. Identical BidsIn the event two or more identical bids are received, and the bids are lowest,responsible and responsive, award will be made as prescribed in the TexasLocal Government Code, Chapter 271.901.

12. Withdrawal of BidsBidders may withdraw any submitted bids prior to the bid submissiondeadline. Bidders may not withdraw once the bids have been publiclyopened, without the approval of the Citys purchasing manager. Bidders willbe allowed to withdraw bids that contain substantial mathematical errors inextension

13. Disqualification of BidderThe City may disqualify bidders, and their bids not be considered, for any ofthe following reasons: Collusion among bidders; Bidders default on anexisting or previous contract with the City, including failure to deliver goodsand/or services of the quality and price bid; Bidders lack of financialstability; any factor concerning the bidders inability to provide thequantity, quality, and timeliness of services or goods specified in the

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solicitation; bidder involved in a current or pending lawsuit with City; biddersattempt to influence the outcome of the solicitation through unauthorizedcontact with City officials outside of those listed in the solicitationdocuments; and bidders attempt to offer gifts, gratuities, or bribes to anyCity employee or elected official in connection with a solicitation.

14. Cost of BidThe cost of submitting bids shall be borne by the bidders, and the City willnot be liable for any costs incurred by a bidder responding to thissolicitation.

15. Firm PricesUnless otherwise stated in the specifications, bidders prices remain firm for120 days from date of bid opening and, upon award, remain in effect for thecontract period specified in the solicitation. If formal award has not occurredwithin 120 days of bid opening, the vendor and the City may mutually agreeto extend the firm price period.

16. AcceptanceThe City will complete payment upon final acceptance. Retainage, if any,will be noted in the final contract.

17. MSDSBidders must have on site Material Safety Data Sheets for any hazardouschemical used or supplied under this solicitation.

18. Taxpayer IdentificationBidders must provide the City a current W-9 Request for TaxpayerIdentification and Certification before goods or services can be procured

from the bidder.

19. TaxesThe City is exempt from all federal excise taxes and all state and local salesand use taxes. If such taxes are listed on a bidders invoice, they will not bepaid. Additionally, bidders may use the Citys tax exemption status topurchase goods and materials becoming part of the finished construction inthe solicitation.

20. Outstanding LiabilitiesBidders shall not have outstanding, unpaid liabilities owed to the City.

Liabilities may include, but are not limited to, property taxes, hoteloccupancy taxes, license or permit fees, and water bills. Bids will beconsidered non-responsible and not given further consideration if submittedby a bidder with such outstanding liabilities.

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21. OffsetThe City may, at its option, offset any amounts due and payable under acontract award under this solicitation against any debt lawfully due the Cityfrom a vendor, whether or not the amount due arises pursuant to the termsof the contract and whether or not the debt has been reduced to judgmentby a court.

22. Independent ContractorsIt is expressly agreed and understood by both parties that the City iscontracting with the successful bidder as an independent contractor. TheCity shall not be liable for any claims which may be asserted by any thirdparty occurring in connection with services performed by the successfulbidder, and the successful bidder has no authority to bill the City.

23. Sub-ContractorsUnless otherwise stated, the contractor awarded the contract in connectionwith this solicitation shall have the right to select qualified sub-contractors toassist in completing the construction. The City, unless noted elsewhere, will

have no contractual obligation with any of the sub-contractors, and shallhold the prime contractor responsible for all actions and work performed bythe sub-contractors. The bidder is reminded that the City has Good FaithEffort goals for M/WBE participation in connection with this solicitation, andthe use of qualified sub-contractors is a way that prime contractors canmeet the Citys goals.

24. Governing LawAll bids submitted in response to this solicitation and any resulting contractshall be governed by, and construed in accordance with, the charter andordinances of the City of Irving, and the laws and court decisions of the

State of Texas.

25. Controlling DocumentIn the case of a discrepancy between this solicitation and the formalcontract, the formal contract will prevail and control.

26. AssignmentBidder shall not assign, transfer, or pledge a contract awarded under thissolicitation, in whole or in part, with the prior written consent of the Cityspurchasing manager. Assignment of this contract, if approved by the City,shall not relieve the bidders obligations under the contract. Approval by the

City of one assignment shall not constitute approval of any futureassignment of the contract.

27. TerminationIf an awarded bidder fails in any manner to fully perform each and all of theterms, conditions and covenants of a contract awarded by this solicitation,he shall be in default and notice of default shall be given to the bidder by the

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Citys purchasing manager. In the event that Vendor continues in default fora period of seven (7) days after receipt of the above-mentioned notice ofdefault, City may terminate or cancel the contract. The City may also cancela contract for convenience and without cause with thirty days notice. In anycancellation of contract, the City will pay the bidder for all good received andaccepted any services provided and accepted up to and including the dateof termination.

28. IndemnificationBidder shall defend, indemnify, and hold harmless the City of Irving, itsofficers, agents, employees, appointees and volunteers against any and allclaims, lawsuits, judgments, costs and expenses for personal injury(including death), property damage or other harm for which recovery ofdamages is sought, suffered by any person or persons, that may arise out ofor be occasioned by bidders breach of any of the terms or provisions of anycontract awarded as a result of this solicitation, or by any negligent or strictlyliable act or omission of the bidder, its officers, agents, employees, orsubcontractors, in the performance of an awarded contract; except that theindemnity provided for in this paragraph shall not apply to any liabilityresulting from the sole negligence or fault of the City, its officers, agents oremployees, and in the event of joint and concurrent negligence or fault ofthe bidder and City, responsibility and indemnity, if any, shall be apportionedcomparatively in accordance with the laws of the State of Texas, withoutwaiving any governmental immunity available to the City under Texas lawand without waiving any defenses of the parties under Texas law. Theprovisions of this paragraph are solely for the benefit of the parties heretoand are not intended to create or grant any rights, contractual or otherwise,to any other person or entity.

29. VenueThe obligations of the parties under a contract awarded through thissolicitation are performed in Dallas County, Texas, and if legal action isnecessary to enforce same, exclusive venue shall be within Dallas County,Texas.

30. NotificationThe City normally posts bid results on-line by the end of the next businessday after bids are received. The Citys website is www.cityofirving.org.Results are on the Purchasing Solicitation page, in the same place as theoriginal bid documents. Bid results are for informational purposes only, and

are not a notice of award.

31. Open RecordsBid pricing is not considered confidential and is open to public inspection.Trade secrets and other material considered confidential by the biddershould be clearly marked as such. If a request is made under the TexasOpen Records Act to inspect information designated as trade secret orconfidential in a bid, the City will forward the appropriate documents to the

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Attorney General of Texas who will contact the bidder to request sufficientwritten reasons and information as to why the information should beprotected from disclosure. Upon review of the bidders response, theAttorney General will make a determination as to the confidentiality of therequested material(s), or lack thereof, and the City will respond accordingly.

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GENERAL INSTRUCTIONS TO PROPOSERSAttachment B-3

1. Securing Request for ProposalsRequest for Proposals may be downloaded at no cost from the Purchasing page of theCitys website, www.cityofirving.org. The City of Irving does not charge for solicitationdocuments. If third-parties offer specifications or solicitation information for a fee, they donot represent the City. The City may charge for plans and drawings for constructionsolicitations.

2. Submission of Sealed Proposals/Late ProposalsProposals are to be submitted in a sealed envelope or package and labeled with theproposers name and the solicitation name & number. All proposals must be submitted tothe City of Irving Purchasing Division no later than the date and time indicated in thesolicitation. All times listed are local times. It is the proposers responsibility to ensure thatproposals are delivered/received by the specified time. Late proposals will not be acceptedand will be returned unopened. If pricing is submitted, it must be in US dollars and cents.

3. Legal Name of ProposerIn completing the Summary Response Page, the proposer must list the legal name of theproposers company. This is the name that will be on all contracts, awards, and purchaseorders. The Summary Response Page also requires a statement as to the legal status ofthe proposer (corporation, partnership, sole proprietorship, etc.). The Summary ResponsePage should be the first document in the proposers response.

4. SignatureThe signature on the Summary Response Page must be in ink and from an individual withthe authority to commit the company to the delivery of the goods or services at the pricesand terms stated.

5. Altered ProposalsAny alterations, erasures or strikethroughs made by the proposer prior to submission of theproposals must be initialed by the proposer to guarantee authenticity.

6. ReferencesWhen references are requested, the Summary Response Page will indicate how manyreferences and will state what other conditions may apply to the references. Proposer willattach a separate page with the requested references.

7. Conflict of InterestProposers should review the instructions on conflict of interest (Attachment C-1).Proposers are to complete and submit the Conflict of Interest form (Attachment C-2), when

a conflict of interest exists.

8. Environmental StewardshipProposers are encouraged to review the Citys commitment to the environment (AttachmentE-1). Proposers are to complete and submit the Environmental Stewardship form(Attachment E-2).

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9. Good Faith EffortProposers are encouraged to review information on the Citys Good Faith Effort program(Attachment G-1). Proposers are to complete and submit the Good Faith Effort Affidavit(Attachment G-2). Recommended proposer(s) will be required to complete the additionalGFE forms as part of the award process.

10. AddendumsIt is the proposers responsibility to alter his proposal response based on information

updated in one or more addendums to this solicitation. Addendums will be posted on thePurchasing solicitation page of the Citys website at least four days before the proposal duedate. Efforts will be made to ensure that proposers receive notice of addendums, but theultimate responsibility rests with the proposer.

11. ChecklistA Proposers Checklist (Attachment B-4) is included with the solicitation package. Thechecklist is an aid to the proposer in knowing which documents to submit.

12. Hot LineVendors may call 888-223-9524 to anonymously report instances of fraud, waste or abuse.Please provide as many details as possible.

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SPECIAL INSTRUCTIONS TO PROPOSERSAttachment B-4

1. Proposal Process/Contact InformationThe City of Irving is aware of the time and effort proposers spend in preparing andsubmitting proposals. We will work with you to make the process as easy aspossible. If you have questions or concerns about the proposal process, please

contact: Darlene Rush, Interim Purchasing [email protected]

2. Method of AwardAward will be made to the responsive respondent scoring the highest points, asdetermined by the Citys evaluation team and based on the evaluation criteriaspecified in this solicitation. Awards totaling $50,000 or more will be made by theIrving City Council.

3. Public Opening of ProposalsA public opening of proposals will be held at 3:00 p.m. on August 18, 2010, in thePurchasing Conference Room, 845 W. Irving Blvd., Irving, TX 75060. The onlyinformation required to be made public in this opening is a list of who responded.Following negotiations with one or more proposers and the subsequent award,proposals become open to public review, within the guidelines of the State AttorneyGeneral.

4. Presentations & InterviewsThe City may choice to interview and/or receive oral presentations from selectedfinalists. However, award may be made without discussion with the respondents,so proposers are cautioned that proposals should be submitted initially on the most

favorable terms.

5. Organization of Proposal ResponsesThe response should be organized in the same reference sequence as thespecifications. Proposals may be submitted in loose-leaf binders, but not spiral-bound or perfect-bound.

6. Pre-Proposal MeetingA pre-proposal meeting will be held on August 5, 2010 at 10:00 am in thePurchasing Department Conference Room at 845 W. Irving Blvd, Irving, Texas75060. Attendance at this meeting is optional, but it is a preferred method of

receiving questions and requests from vendors for clarifications.

7. Required ContractsThis solicitation requires signed contracts prior to award. A sample contract isincluded as Attachment #H-6. Actual contract will be based upon negotiations withrecommended proposer prior to award.

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8. Insurance RequirementsThis solicitation has insurance requirements. They are listed as Attachment #D-1,D-4, D-6 and D-7. Please review the requirements with your insurance agent andsubmit insurance affidavit (Attachment D-4) with your proposal.

9. Bonding RequirementsThis solicitation has bonding requirements. They are listed as Attachment #G-4,G-5, and G-6. Review the requirements with your surety agent and submit Notice

of Intent to Bond or similar documentation from approved surety companyindicating that your firm can acquire bonding upon award.

10. Financial StatementRFP requires proposers to represent financially healthy institutions, capable ofconducting business during the term of the contract. RFP includes options forproposer to verify financial condition of the proposers firm.

11. Background CheckThe City of Irving reserves the right to run background checks on employees of theproposers and will determine if background is acceptable for award of the contract.

6. Bonding RequirementsThis solicitation has bonding requirements. They are listed as Attachment G-1, G-3, G-4, G-5, and G-6. Review the requirements with your surety agent and submitNotice of Intent to Bond or similar documentation from approved surety companyindicating that your firm can acquire bonding upon award. A bid bond is required tobe submitted with your bid.

7. Required ContractA contract will be offered to the recommended vendor, similar to the samplecontract attached.

8. Project Completion RequirementDeadline for turnkey project completion is Friday, December 10, 2010, withbiweekly progress reports after receipt of order.

9. Bidding as an AgentBidders on construction projects must be prepared for their firm to at least 60% ofthe work required to fill this contract.

10. Contractors DutiesAll work performed under this contract shall be performed in accordance with all

provisions of these specifications and drawings. Any deviations from thespecifications or plans must be approved in writing by the owner or hisrepresentative. The contractor shall be presumed to have made a reasonableinspection of the premises prior to the time of bidding and shall be held responsiblefor all information available through such inspection. The contractor shallimmediately upon discovery, bring to the attention of the owner any conflicts whichmay occur among the various provisions of the specifications and plans. Theowner shall resolve such conflicts and shall be responsible for any costsreasonable incurred by the contractor due to such conflict. Failure of the contractor

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IrvingCC Packet 2010-08-25

Documents

Transcript of IrvingCC Packet 2010-08-25