23-24-56 Real Estate Appraisal Services.pdf

PDF 1 MB Posted Jun 7, 2024

Attached to: Residential Real Estate Appraisal Services
Solicitation number: 311-23-24-56
Issued by: Pitt County, Greensboro City, North Carolina

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Written by GovTribe AI · Jun 7, 2024

This document is a Request for Proposal (RFP) issued by the City of Greenville Neighborhood and Business Services Department for Residential Real Estate Appraisal Services. The City is seeking proposals from qualified Residential Real Estate Appraisal Companies to complete and provide detailed final appraisal reports or completion of review appraisals for six newly constructed homes in the Lincoln Park neighborhood redevelopment project. Proposals are due by June 28, 2024 at 9:00 am EST. The contract will be awarded to one Residential Real Estate Appraisal Company for all six residential appraisals and to one company for all six review appraisals. The appraisals must be completed within 6 weeks of receipt of the Certificate of Occupancy, and the review appraisals within 10 business days of receipt of the completed appraisal.

The RFP outlines the required qualifications, including being licensed as a Certified Residential Real Estate Appraiser and in good standing with the State of North Carolina. Proposers must provide a fee schedule with costs per property for both the residential appraisals and the review appraisals. The City has established a 4% Minority Business Enterprise (MBE) and 4% Women Business Enterprise (WBE) goal for MWBE participation, and proposers must complete the required MWBE forms. Payment will be made at the completion of the project within 30 days.

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Doc #1195303 Page 1

Residential Real Estate Appraisal Services

Request for Proposal

RFP#23-24-56

Date of Issuance: June 7, 2024

Proposal Due Date: Friday, June 28, 2024 @ 9:00 am (EST)

Contact Person: Phoenix G. Hinson Title: Project Coordinator

Phone Number: 252-329-4226 Email: phinson@greenvillenc.gov

“LATE PROPOSALS WILL NOT BE ACCEPTED”

Issuing Department Neighborhood and Business Services Department Business Services Division

201 West Fifth Street Greenville, North Carolina 27858

Doc #1195303 Page 2

Date: June 7, 2024

Subject: Residential Real Estate Appraisal Services

Contact: Phoenix G. Hinson, Project Coordinator

The City of Greenville Neighborhood and Business Services Department is now accepting proposals for Residential Real Estate Appraisal Services. The requirements for submitting a Proposal are stated in the attached Request for Proposal (the “RFP”).

Sealed proposals endorsed “Residential Real Estate Appraisal Services” to be furnished to the City of Greenville (the “City”) will be received by the Neighborhood and Business Services Department at 201 West Fifth Street Greenville, NC 27835 until Friday, June 28, 2024, by 9:00 am or by email at phinson@greenvillenc.gov.

The City reserves the right to reject any or all proposals.

This RFP outlines a description of the services sought and the required documents interested firms submit must in a sealed box or opaque envelope plainly marked with the Proposal number and service description as follows:

Request for Proposal Attention: Phoenix G. Hinson, Project Coordinator

[Name of Company Submitting Proposal] Residential Real Estate Appraisal Services

RFP# 23-24-56

Proposals are limited to ten (10) pages (not inclusive of the cover letter or appendices) and shall be typed on 8 ½”x11” a sheets, single spaced, one sided. Proposals containing more than ten (10) pages will not be considered.

Proposals submitted after this deadline or to any location other than that listed above will not be considered.

Written questions concerning this RFP may be submitted in writing to Phoenix G. Hinson, Project Coordinator by email only at phinson@greenvillenc.gov. Please insert RFP# 23-24-56 in the subject line.

Doc #1195303 Page 3

SECTION ONE

GENERAL INSTRUCTIONS

1. READ, REVIEW AND COMPLY: It shall be the Vendor’s responsibility to read this entire document, review all enclosures and attachments, and any addenda thereto, and comply with all requirements specified herein, regardless of whether appearing in these Instructions to Vendors or elsewhere in this RFP document.

2. LATE PROPOSALS: Late proposals, regardless of cause, will not be opened or considered, and will automatically be disqualified from further consideration. It shall be the Vendor’s sole responsibility to ensure delivery at the designated office by the designated time.

3. ACCEPTANCE AND REJECTION: The City reserves the right to reject any and all proposals, to waive any informality in proposals and, unless otherwise specified by the Vendor, to accept any item in the proposal.

4. WITHDRAWAL OF PROPOSAL: No proposal may be changed or withdrawn after the time of the proposal due date. Any modifications or withdrawals requested before this time shall be acceptable only when such request is made in writing to the Financial Services Manager.

5. CONFLICT OF INTEREST: Each proposer shall affirm that no official or employee of the City of Greenville is directly or indirectly interested in this proposal for any reason of personal gain.

6. LOCAL PREFERENCE: The City of Greenville has adopted a Local Preference Policy, Resolution No. 056- 13, and a Professional and other Services Policy, Resolution No. 057-13 that may pertain to this project. For more information, please see the City of Greenville’s webpage at http://www.greenvillenc.gov/government/financial-services/purchasing.

7. TAXES: Sales taxes may be listed on the proposal, but as a separate item. No charge will be allowed for Federal Excise and Transportation tax from which the City is exempt.

8. CITY RIGHTS AND OPTIONS: The City, at its sole discretion, reserves the following rights:

To supplement, amend, substitute or otherwise modify this RFP at any time.

To cancel this RFP with or without the substitution of another RFP.

To take any action affecting this RFP, this RFP process, or the Services subject to this RFP that would be in the best interests of the City.

To issue additional requests for information or clarification from Offerors or to allow corrections of errors or omissions.

To require one or more Service Providers to supplement, clarify or provide additional information in order for the City to evaluate the Responses submitted.

To negotiate a contract with a Service Provider based on the information provided in response to this RFP.

9. PUBLIC RECORDS: Any material submitted in response to this RFP will become a “public

Doc #1195303 Page 4 record.” Proposers must claim any applicable exemptions to disclosure provided by law in their response to this RFP. Proposers must identify materials to be protected and must state the reasons why such exclusion from public disclosure is necessary and legal. The City reserves the right to make all final determination(s) of the applicability of North Carolina General Statutes § 132-1.2, Confidential Information.

10. ACCURACY OF RFP AND RELATED DOCUMENTS: Each Company must independently evaluate all information provided by the City. The City makes no representations or warranties regarding any information presented in this RFP, or otherwise made available during this procurement process, and assumes no responsibility for conclusions or interpretations derived from such information. In addition, the City will not be bound by or be responsible for any explanation or conclusions regarding this RFP or any related documents other than those provided by an addendum issued by the City. Companies may not rely on any oral statement by the City or its agents, advisors, or consultants.

If a Company identifies potential errors or omissions in this RFP or any other related documents, the Company should immediately notify the City of such potential discrepancy in writing. The City may issue a written addendum if the City determines clarification necessary. Each Company requesting an interpretation will be responsible for delivering such requests to the City's designated representative.

11. EXPENSE OF SUBMITTAL PREPARATION: The City accepts no liability, and Companies will have no actionable claims, for reimbursement of any costs or expenses incurred in participating in this solicitation process. This includes expenses and costs related to Proposal submission, submission of written questions, attendance at pre-proposal meetings or evaluation interviews, contract negotiations, or activities required for contract execution.

12. PROPOSAL BINDING: This proposal is binding for a period of ninety (90) days.

Doc #1195303 Page 5

SECTION TWO

PROPOSAL

1. Introduction

The City of Greenville Neighborhood and Business Services Department is seeking proposals from qualified Residential Real Estate Appraisal Companies, to complete and provide detailed final appraisal reports or completion of review appraisals to evaluate the accuracy of the existing appraisals, for six (6) newly constructed homes listed below:

Lot # Parcel # Address Bedrooms Bathroom Sq-Ft 19 19680 616 Hudson Street 3 2 1300 20 84911 618 Hudson Street 4 2 1313 21 84910 620 Hudson Street 3 2 1375 22 84909 624 Hudson Street 3 2.5 1258 23 07135 808 Vanderbilt Lane 3 2.5 1258 24 07162 806 Vanderbilt Lane 3 2 1375

Lincoln Park Phase II

2. Background The Lincoln Park neighborhood is a redevelopment project developed by the City of Greenville. Lots being developed at this time are located on Hudson Street and Vanderbilt Lane.

3. Description of Services (Scope of Work) The successful company(s) shall agree to contract with the City to provide the following:

A. The preparation of Uniform Residential Appraisal Reports or Residential Review Appraisals as required, to set value for City Owned Residential Properties in Lincoln Park Phase II.

B. Must be licensed as a Certified Residential Real Estate Appraiser and in good standing with the State of North Carolina.

4. TERM OF CONTRACT – Contract will be awarded to one (1) Residential Real Estate Appraisal Company for all six (6) Residential Real Estate Appraisals and to one (1) Residential Real Estate Appraisal Company for all six (6) Review Appraisals.

A. Following the issuance of the Certificates of Occupancy (CO), it is required that appraisals begin within two weeks of receipt of Certificate of Occupancy (CO) and completed within 6 weeks of receipt of the Certificate of Occupancy (CO).

B. Review appraisals are to be completed within 10 business days of receipt of completed appraisal(s).

Doc #1195303 Page 6

5. Payment Payment will be made at the completion of the project by submitting the invoice, by email, to the Community Development Department, attention Phoenix G. Hinson, Project Coordinator phinson@greenvillenc.gov. Payment in net 30-days.

6. Proposal Contents These elements should provide the information needed to evaluate the proposal.

A. List years in business, previous names of the company, if any;

B. Description of your company including size of firm and location;

C. Copy of license(s) and years of experience for each appraiser to be assigned to the project;

D. List of at least three (3) references where and when your company provides similar services;

E. Please provide names and telephone numbers of contact persons for each reference;

F. Listing of current litigation, outstanding judgments, and liens;

G. It is requested bids be made for both the residential appraisal and the review appraisal, if your company offers both services. The proposed fee schedule shall include the following items:

A. State cost, per property, for the residential appraisal.

B. State cost, per property, for the residential review appraisal.

7. Questions Questions must be asked in writing via email addressed to Phoenix G. Hinson, Project Coordinator, at phinson@greenvillenc.gov with the Residential Real Estate Appraisal Services RFP#23-24-56 mentioned in the subject line of the email. All questions must be submitted by Friday, June 21, 2024 by 5:00 pm. Answers will be provided via an addendum posted on the City’s website.

8. SELECTION PROCESS

Following is a general description of the selection process:

All qualified firms who submit responsive, responsible proposals will be considered.

The proposals received in response to this solicitation will be evaluated and ranked by the Evaluation Committee in accordance with the process and evaluation criteria contained below.

Responses will be evaluated in light of the material and substantiating evidence presented in the response, and not on the basis of what is inferred.

After thoroughly reading and reviewing this solicitation, each Evaluation Committee member shall conduct their independent evaluation of the proposals received and grade the responses on their merit in accordance with the evaluation criteria set forth below.

The Evaluation Committee may, at the City’s discretion, shortlist a minimum of three (3) firms to be interviewed. IF APPLICABLE, dates of shortlisting and dates for interviews are shown in the SUBMISSION SCHEDULE AND KEY DATES at the end of this solicitation.

Doc #1195303 Page 7

9. MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PARTICIPATION

It is the policy of the City to provide minorities and women equal opportunity for participating in all aspects of the City’s contracting and procurement programs, including but not limited to, construction projects, supplies and materials purchase, and professional and personal service contracts. In accordance with this policy, the City has adopted a Minority and Women Business Enterprise (MWBE) Plan and subsequent program, outlining verifiable goals.

The City has established a 4% Minority Business Enterprise (MBE) and 4% Women Business Enterprise (WBE) goal for the participation of MWBE firms in supplying goods and services for the completion of this project.

All firms submitting qualifications and/or proposals agree to employ “good faith efforts” towards achieving these goals and supply other information as requested in the “MWBE Professional Services Forms” included in Appendix B. Failure to complete the MWBE forms may be cause to deem the submittal nonresponsive.

Questions regarding the City’s MWBE Program should be directed to the MWBE Office at (252) 329-4862.

10. EQUAL EMPLOYMENT OPPORTUNITY CLAUSE

The City of Greenville is an equal opportunity employer and strictly prohibits discrimination against any employee or applicant for employment because of the individual’s race, color, religion, age, gender, disability, national origin, genetic information, sexual orientation, gender identity/reassignment or expression, military or veteran status, marital status, or any characteristic protected by applicable law.

11. TITLE VI NONDISCRIMINATION NOTIFICATION

The City of Greenville, North Carolina in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all respondents that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit proposals in response to this advertisement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

12. SELECTION CRITERIA

Criteria for the selection of the Company will include the following and their respective weights:

Criterion Weight Licensed as a Certified Residential Real Estate Appraiser and in good Standing with the State of North Carolina.

50%

Adequate staffing, with the ability to complete appraisals within the requested time period.

25%

Reasonable cost of service

25%

Doc #1195303 Page 8

Total Score 100%

Score Points

0 Missing Response

1 Poor Response

2 Satisfactory Response

3 Good Response

4 Excellent Response

North Carolina Companies qualified to do the required work will be given priority consideration. A North Carolina firm is a firm that maintains an office in North Carolina staffed with an adequate number of employees judged by the City/Department to be capable of performing a majority of the work required.

After reviewing qualifications, if firms are equal on the evaluation review, then those qualified firms with proposed MWBE participation will be given priority consideration.

An interview phase may or may not be a part of selection for this project. If an interview phase of the selection process is deemed necessary after the initial review of proposals, interviewees will be evaluated based on the following criteria:

1. Overall quality of project presentation

2. Team dynamic

3. Quality of answers provided during the interview

Once a preferred firm is chosen, the City will work with the project team to develop a more detailed scope of services to be included in the project contract. The City reserves the right to negotiate a contract, including the final scope of work and contract price, with any respondent or other qualified party.

13. SUBMISSION SCHEDULE AND KEY DATES

Event Date and Time Issuance of RFP June 7, 2024 Deadline to Submit Questions June 21, 2024 @ 5:00 pm Answers to Questions Provided June 25, 2024 Proposals Due June 28, 2024 @ 9:00 am Selection June 28, 2024 @ 10:00 am

Doc #1195303 Page 9

ATTACHMENT A

GENERAL TERMS AND CONDITIONS

The contract terms provided herein are not exhaustive but shall become a part of any contract issued as a result of this solicitation. Any exceptions to the contract terms must be stated in the submittal. Any submission of a proposal without objection to the contract terms indicates understanding and intention to comply with the contract terms. If there is a term or condition that the firm intends to negotiate, it must be stated in the proposal. The successful firm will not be entitled to any changes or modifications unless they were first stated in the proposal. The City reserves the right, at its sole discretion, to reject any or all submittal package(s) containing unreasonable objections to standard City contract provisions.

1. NONDISCRIMINATION: The Vendor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income-level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix E, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21.

2. SOLICITATIONS FOR SUBCONTRACTS, INCLUDING PROCUREMENTS OF MATERIALS AND EQUIPMENT:

In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor’s obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income-level, or LEP.

3. NON-COLLUSION: Respondents, by submitting a signed proposal, certify that the accompanying submission is not the result of, or affected by, any unlawful act of collusion with any other person or company engaged in the same line of business or commerce, or any other fraudulent act punishable under North Carolina or United States law.

4. PAYMENT TERMS: The City agrees to pay all approved invoices Net Thirty (30) days from the date received and approved. The City does not agree to the payment of late charges or finance charges assessed by the seller or vendor for any reason. Invoices are payable in U.S. funds. However, the City shall not be obligated to make payment to the Contractor for any services performed under this contract.

5. GOVERNING LAW: Any agreement, contract or purchase order resulting from this invitation to bid, request for proposals or request for qualifications or quotes, shall be governed by the laws of the State of North Carolina without regard to its choice of law provisions, and venue for any action or suits arising out of or relating to this contract shall be the North Carolina General Courts of Justice, in Pitt County, or if in federal court, in the Eastern District of North Carolina.

Doc #1195303 Page 10

6. SERVICES PERFORMED: All services rendered under this agreement will be performed at the Vendor’s own risk and the Vendor expressly agrees to indemnify and hold harmless the City, its officers, agents, independent contractors, officials (elected and appointed) and employees from any and all liability, loss or damage that they may suffer as a result of claims, demands, actions, damages or injuries of any kind or nature whatsoever by or to any and all persons or property. Additionally, all work performed under this Contract shall be performed in a workmanlike and professional manner, to the reasonable satisfaction of the City, and shall conform to all prevailing industry and professional standards.

7. INDEPENDENT CONTRACTOR: It is mutually understood and agreed the Vendor is an independent contractor and not an agent of the City, and as such, Vendor, their agents and employees shall not be entitled to any City employment benefits, such as but not limited to vacation, sick leave, insurance, worker’s compensation, pension or retirement benefits.

8. VERBAL AGREEMENT: The City will not be bound by any verbal agreements.

9. CONFIDENTIALITY: Proprietary or confidential information (“confidential information”) developed or disclosed by either party under this agreement shall be clearly labeled and identified as confidential information by the disclosing party at the time of disclosure. Confidential Information shall not be disclosed to the extent allowable by law by the receiving party to any other person except to those individuals who need access to such Confidential Information as needed to ensure proper performance of the Services.

Neither party shall be liable for disclosure or use of Confidential Information which: (1) is or was known by the receiving party at the time of disclosure due to circumstances unrelated to this agreement; (2) is generally available to the public without breach of this agreement; (3) is disclosed with the prior written approval of the disclosing party; or (4) is required to be released by applicable law or court order.

Each party shall return all Confidential Information relating to this agreement to the disclosing party upon request of the disclosing party or upon termination of this agreement, whichever occurs first. Each party shall have the right to retain a copy of the Confidential Information for its internal records and subject to ongoing compliance with the restrictions set forth in this Section. This Section shall survive termination of this agreement.

7. INSURANCE REQUIREMENTS: Vendor shall maintain at its own expense (a) Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence for bodily injury or property damage;

City of Greenville, North Carolina, 200 W. Fifth St. Greenville, NC 27834 shall be named as additional insured. (b) Professional Liability insurance in an amount not less than $1,000,000 per occurrence-if providing professional services; (c) Workers Compensation Insurance as required by the general statutes of the State of North Carolina and Employer’s Liability Insurance not less than $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease, and $1,000,000

Doc #1195303 Page 11 policy limit; (d) Commercial Automobile Insurance applicable to bodily injury and property damage, covering all owned, non-owned, and hired vehicles, in an amount not less than $1,000,000 per occurrence as applicable. Certificates of Insurance shall be furnished prior to the commencement of Services. Depending on the type of services to be provided, cyber liability insurance or increased limits may be necessary.

8. INDEMINIFICATION AND HOLD HARMLESS: All services rendered under this agreement will be performed at the Vendor’s own risk and the Contractor shall indemnify and hold harmless the City from and against any liability, loss, cost, damage suit, claim, or expense arising occurrence on the part of the Vendor and its officers, servants, agents or employees arising from its activities, operations, and performance of services under this contract and further agrees to release and discharge the City and its agents and employees from all claims or liabilities arising from or caused by the Vendor in fulfilling its obligation under this contract. It is understood and agreed by the parties that City will assume no liability for damages, injury, or other loss to the Contractor, its employees or property, tools or equipment, or to other persons or properties located on City facilities resulting from the Vendor’s activities and operations while performing services under this contract.

9. E-VERIFY COMPLIANCE: The Vendor shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, if the Vendor utilizes a Subcontractor, the Vendor shall require the Subcontractor to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. By submitting a proposal, the Proposer represents that their firm and its Subcontractors are in compliance with the requirements of Article 2 Chapter 64 of the North Carolina General Statutes.

10. IRAN DIVESTMENT ACT: By submitting a proposal, the Vendor certifies that: (i) it is not on the Iran Final

Divestment listed created by the N.C. State Treasurer pursuant to N.C.G.S. 147-86.58; (ii) it will not take any actions causing it to appear on said list during the term of any contract with the City, and (iii) it will not utilize any subcontractor to provide goods and services hereunder that is identified on said list.

11. ADVERTISING: The Vendor shall not use the existence of this Contract, or the name of the City, as part of any advertising without the prior written approval of the City.

12. FORCE MAJEURE: Except as otherwise provided in environmental laws, rules, regulations or ordinances applicable to the parties and the services performed under this contract, neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by any acts of God; acts of the public enemy; insurrections; riots; embargoes; labor disputes, including strikes, lockouts, job actions, or boycotts; shortages of materials or energy; fires; explosions;

floods; any curtailment, order, regulation, or restriction imposed by governmental, military or lawfully established civilian authorities, including, without limitation any of the foregoing which occur as a result of epidemic or pandemic; changes in laws governing this type of Work of facility; or other unforeseeable causes beyond the reasonable control and without the fault or negligence of the City. Reasonable

Doc #1195303 Page 12 extension of time for unforeseen delays may be made by mutual written consent of all parties involved or the contract may terminate.

13. ASSIGNMENT: This Contract, including payment due under this contract, may not be assigned without the express written consent of the City.

14. CONFLICT OF INTERESTS:

a. Vendor is aware of the conflict of interest laws of the City of Greenville, of the State of North Carolina

(as set forth in North Carolina General Statutes), and agrees that it will fully comply in all respects with the terms thereof and any future amendments.

b. Vendor covenants that no person or entity under its employ, presently exercising any functions or responsibilities in connection with this Agreement has any personal financial interests, direct or indirect, with the City. Contractor further covenants that, in the performance of this Agreement, no person or entity having such conflicting interest shall be utilized in respect to the Scope of Work or services provided hereunder. Any such conflict of interest(s) on the part of Contractor, its employees or associated persons or entities shall be disclosed to the City.

c. Vendor shall disclose any possible conflicts of interest or apparent improprieties of any party under or in connection with the Legal Requirements, including the standards for procurement.

d. Vendor shall make any such disclosure to the City in writing and immediately upon the Contractor's discovery of such possible conflict. The City's determination regarding the possible conflict of interest shall be binding on all parties.

e. No employee, agent, contractor, elected official or appointed official of the City, exercising any functions or responsibilities in connection with this Agreement, or who is in a position to participate in the decision-making process or gain inside information regarding activities, has any personal financial interest, direct or indirect, in this Agreement, the proceeds hereunder, the Project or Contractor, either for themselves or for those with whom they have family or business ties, during their tenure or for one year thereafter.

15. NONAPPROPRIATION OF FUNDS. Vendor acknowledges that funding for this Agreement is conditioned upon appropriation and allocation by the governing body of sufficient funds to support the activities described in this Agreement. By written notice to Vendor at the earliest possible date, City may terminate this Agreement, in whole or in part, at any time for lack of appropriation of funds, or other withdrawal, reduction or limitation in any way of the City’s budget, funding or financial resources. Such termination is in addition to the City’s rights to terminate for convenience or cause. If this Agreement is terminated for non-appropriation: The City will be liable only for payment in accordance with the terms of this Agreement for Work completed and expenses incurred prior to the effective date of termination. The Vendor will not be compensated for any other costs in connection with a termination for non-appropriation. The Vendor will not be entitled to recover any damages in connection with a termination for non-appropriation, including, but not limited to, lost profits. Vendor shall be released from any further obligation to

Doc #1195303 Page 13 provide Work affected by such termination; and Termination shall not prejudice any other right or remedy available to the City.

16. DISPUTE RESOLUTION: In the event of any dispute arising out of or relating to this agreement, the affected party shall notify the other party, and the parties shall attempt in good faith to resolve the matter within thirty (30) days after the date such notice is received by the other party (the “Notice Date”) prior to exercising their rights under law.

17. PERFORMANCE OF GOVERNMENT FUNCTIONS: Nothing contained in this Agreement shall be deemed or construed so as to in any way estop, limit, or impair the City from exercising or performing any regulatory, policing, legislative, governmental, or other powers or functions.

18. E-SIGNATURE AUTHORITY: The parties hereto consent and agree that this agreement may be signed and/or transmitted by facsimile, e-mail of a .pdf document or using electronic signature technology (e.g., via DocuSign or similar electronic signature technology), and that such signed electronic record shall be valid and as effective to bind the party so signing as a paper copy bearing such party’s hand written signature. The parties further consent and agree that (1) to the extent a party signs this document using electronic signature technology, by clicking “sign”, such party is signing this Agreement electronically, and (2) the electronic signatures appearing on this Agreement shall be treated for purposes of validity, enforceability and admissibility, the same as hand-written signatures.

19. TERMINATION: The City may terminate this Contract at any time by providing thirty (30) days written notice to the Contractor. In addition, if Vendor shall fail to fulfill in timely and proper manner the obligations under this Contract for any reason, including the voluntary or involuntary declaration of bankruptcy, the City shall have the right to terminate this Contract by giving written notice to the Contractor and termination will be effective upon receipt. Contractor shall cease performance immediately upon receipt of such notice. The Vendor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract, and the City may withhold any payment due to the Contractor for the purpose of setoff until such time as the City can determine the exact amount of damages due the City because of the breach.

Doc #1195303 Page 14

Appendix B

City of Greenville/Greenville Utilities Commission Minority and Women Business Enterprise Program

City of Greenville MWBE Guidelines for Professional Service Contracts

$10,000 and above

These instructions shall be included with each bid solicitation.

Doc #1195303 Page 15

City of Greenville/Greenville Utilities Commission Minority and Women Business Enterprise Program

MWBE Guidelines for Professional Service Contracts $10,000 and above

Policy Statement It is the policy of the City of Greenville and Greenville Utilities Commission to provide minorities and women equal opportunity for participating in all aspects of the City’s and Utilities’ contracting and procurement programs, including but not limited to, construction projects, supplies and materials purchases, and professional and personal service contracts.

Goals and Good Faith Efforts Service providers responding to this solicitation shall comply with the MWBE program by making Good Faith Efforts to achieve the following aspirational goals for participation.

CITY

MBE WBE

Professional Services 4% 4%

Submitters shall submit MWBE information with their submissions on the forms provided. This information will be subject to verification by the City prior to contract award. As of July 1, 2009, contractors, subcontractors, suppliers, service providers, or MWBE members of joint ventures intended to satisfy City MWBE goals shall be certified by the NC Office of Historically Underutilized Businesses (NC HUB) only. Firms qualifying as “WBE” for the City’s goals must be designated as a “women-owned business” by the HUB Office.

Firms qualifying as “MBE” for the City’s goals must be certified in one of the other categories (i.e.: Black, Hispanic, Asian American, American Indian, Disabled, or Socially and Economically Disadvantaged). According to new Statewide Uniform Certification (SWUC) Guidelines, ethnicity supersedes gender; therefore, firms who are certified as both a “WBE” and “MBE” will satisfy the “MBE” category only. Each goal must be met separately. Exceeding one goal does not satisfy requirements for the other.

The City shall accept NCDOT certified firms on federally funded projects only.

Please note: A service provider may utilize any firm desired. However, for participation purposes, all MWBE firms who wish to do business as a minority must be certified by NC HUB. A complete database of NC HUB certified firms may be found at http://www.doa.nc.gov/hub/

Doc #1195303 Page 16

Instructions

The submitter shall provide the following forms:

FORM 1—Sub-Service Provider Utilization Plan This form provides the amount of sub-contracted work proposed on the project for MWBE. This proposed participation is based on the current scope of work. Submitter must turn in this form with submission. If the submitter does not customarily subcontract elements of this type of project, do not complete this form. Instead complete FORM 2.

FORM 2--Statement of Intent to Perform work without Sub-Service Providers This form provides that the submitter does not customarily subcontract work on this type of project.

Sub-Service Provider Utilization Commitment Submitted by the selected service provider after negotiation of the contract and prior to Award, this form lists the MWBE firms committed to participate on the project. This commitment will reflect any changes in the Plan due to adjustments in project scope.

NOTE: A firm is expected to maintain the level of participation proposed in FORM 1 – Sub-Service Provider Utilization Plan – unless there is a negotiated change in the service required by the City. A firm is also encouraged to increase MWBE participation in the Utilization Commitment as a result of ongoing Good Faith Efforts.

Proof of Payment Certification

Submitted by the selected service provider with each payment application, listing payments made to subconsultants. This form is not provided with the submission.

In addition to the forms provided above, each service provider must provide a discussion of its diverse business policies and procedures to include the good faith efforts it employed to utilize minority and women-owned firms on this project. This discussion must include:

1. Outreach efforts that were employed by the firm to maximize the utilization of MWBE’s.

2. A history of MWBE firms used on similar projects; and

3. The percentage participation of MWBE firms on these projects.

NOTE: Those service providers submitting FORM 2 should discuss and provide documentation to justify 100% performance without the use of subconsultants (both majority and minority) per the statements of the form.

Minimum Compliance Requirements: All written statements, signed forms, or intentions made by the Submitter shall become a part of the agreement between the Submitter and the City for performance of contracts. Failure to comply with any of these statements, signed forms, or intentions or with the minority business guidelines shall constitute a breach of the contract. A finding by the City that any information submitted (either prior to award of the contract or during the performance of the contract) is inaccurate, false, or incomplete, shall also constitute a breach of the contract. Any such breach may result in termination of the contract in accordance with the termination provisions contained in the contract. It shall be solely at the option of the City whether to terminate the contract for breach or not. In determining whether a Submitter has made Good Faith Efforts, the City will evaluate all efforts made by the Submitter and will determine compliance in regard to quantity, intensity, and results of these efforts.

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Sub-Service Provider Utilization Plan

FORM 1

(Must be included with submission if subcontracting any portion of work)

We _________________________________________________________, do certify that on the (Company Name) ______________________________________________ we propose to expend a minimum of ______% (Project Name) of the total dollar amount of the contract with certified MBE firms and a minimum of _______% of the total dollar amount with WBE firms.

Name, Address, & Phone Number of Sub- Service Provider

*MWBE