Affordable Homeownership Development RFP#25-26-43

Affordable Homeownership Development

Request for Proposal (RFP)

#25-26-43

Proposal Due Date: May 20, 2026 at 9:00 AM EST

Contact Person: Renee’ Skeen

Title: Assistant Director Phone Number: 252-329-4487

Email Address: rskeen@greenvillenc.gov

Date: 4/22/2026

Subject: Affordable Homeownership Development

Contact: Renee’ Skeen, Assistant Director

The City of Greenville (City) is seeking proposals from qualified developers/builders (for-profit or nonprofit) to develop attractive, affordable, sustainable, energy efficient single-family homes that will be made available for homeownership opportunities. The single-family homes are to be developed on City-owned land located in the West Greenville revitalization area. This Request for Proposal (RFP) is designed to identify partners capable of delivering high-quality, energy-efficient homes that serve households earning ≤ 120% of Area Median Income (AMI). It is the intent of this RFP to have successful developers enter into a Professional Services Contract for design and construction with the City, for a period of one year. The requirements for submitting a Proposal are stated in the attached Request for Proposal (the “RFP”).

Sealed proposals clearly marked “Affordable Homeownership Development,” will be received by the City of Greenville, Community and Development Services Department, Community Development Division, located at 201 W. 5th Street, Greenville, NC 27834, until 9:00 AM EST on May 20, 2026.

Proposals may also be submitted electronically in PDF format to rskeen@greenvillenc.gov and must be received by 9:00 AM EST on May 20, 2026 .

The City of Greenville reserves the right to reject any or all proposals and to waive any informalities.

This RFP outlines a description of the services sought and the documents firms must submit plainly marked with the RFP Number and service description as follows:

Request for Proposals

Attention: Renee’ Skeen “Name of Company Submitting Proposal” Affordable Homeownership Development

RFP#25-26-43

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

Firms submitting fewer copies than required will not be considered. Written questions concerning this RFP may be submitted to Renee’ Skeen by email only at rskeen@greenvillenc.gov. Please insert RFP#25-26-43 in the subject line.

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 it appears 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 a 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 Purchasing | Greenville, NC

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 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 solicitation will become a “public 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 SOLICITATION 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 as directed in RFP Section Three.

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, and by submitting a proposal, you represent that you have: (1) thoroughly examined and became familiar with the scope of services outlined in this RFP; and (2) are capable of performing high quality work to achieve the City’s 50-in-10 Affordable Housing Initiative.

SECTION TWO

PROCEDURES

1. INTRODUCTION

The City of Greenville is seeking qualified developers/builders (for-profit or nonprofit) to partner in the development of high-quality, affordable, single-family homes as part of the City’s 50-in-10 Affordable Housing Initiative.

This initiative supports neighborhood revitalization in West Greenville while expanding access to homeownership opportunities for low- and moderate-income households.

The City has established design expectations to ensure consistency and quality, as outlined in Attachment G:

Sample Plans and Design Guidelines.

2. OVERVIEW OF ELIGIBLE APPLICANTS

Eligible applicants must meet the following minimum qualifications:

• Be a for-profit or nonprofit developer/builder in good standing and authorized to conduct business in the State of North Carolina

• Demonstrate experience in residential or affordable housing development of similar scale and scope

• Possess the financial capacity to successfully complete the proposed project

• Attend the mandatory pre-proposal meeting as specified in this RFP

3. DEVELOPMENT SITES

The City has identified vacant, City-owned parcels available for development. A list of these parcels is provided in Attachment H: City-Owned Lots List.

It is the developer’s responsibility to:

• Review all site conditions

• Conduct any necessary due diligence

• Incorporate all development-related costs into their proposal

Each proposer shall identify up to five (5) parcels from the list for development.

The selected developer will be responsible for all site-related improvements necessary to support construction, which may include, but are not limited to:

• Grading and site preparation

• Clearing, including tree and stump removal

• Slope stabilization, if required

• Replacement of curb cuts with curb and gutter

• Installation of sidewalks

• Repair or replacement of any adjacent curbs and/or sidewalks damaged during construction The City reserves the right to waive certain permitting fees associated with the project.

The final method of land disposition will be determined by the City in coordination with the selected developer and may include:

• Fee Simple Sale (“As Is”)

Transfer of property ownership, contingent upon compliance with all affordability and performance requirements

• Long-Term Ground Lease A lease term of up to 99 years, including provisions to ensure long-term affordability and a reversionary interest if requirements are not met

4. DESCRIPTION OF SERVICES (SCOPE OF WORK)

To achieve the City’s goals and utilize the developer’s experience to the best degree possible, the City will require agreement to the following:

Affordability

• Homes must serve households earning up to 120% of Area Median Income (AMI)

• A minimum of 60% of homes must be sold to households earning ≤ 80% AMI

• Maximum sales prices must comply with HUD’s 95% median purchase price limits

Marketing & Sales

• The development team must include a qualified real estate professional experienced with HUD income limits and affordable housing programs

• The developer must identify the realtor as part of the proposal

• The marketing strategy must include outreach to eligible buyers, including coordination with local nonprofits, lenders, and City programs, as well as activities such as open houses and targeted outreach

Required City Training

• The developer and project team must participate in City-led training related to program compliance, reporting requirements, and affordability standards prior to construction and marketing

Affordability Covenants

• Properties must be subject to resale restrictions to preserve long-term affordability, typically ranging from

10 to 30 years or as determined by the City

Development Quality

• Homes must meet all applicable local building codes, energy efficiency standards, and any additional

City requirements

• All homes must be stick-built; modular and manufactured homes are not permitted

• Developers should propose a realistic timeline for construction and sale of each unit, with a target of approximately 12 months per unit, unless otherwise approved by the City

Warranties and Title

• Developers shall provide warranties covering labor, workmanship, materials, and major systems

• Manufacturer warranties must be transferred to the homebuyer where applicable (e.g., appliances, HVAC, water heater, roofing, siding)

• A minimum one (1) year warranty shall be provided for all building components and systems, and a minimum three (3) year warranty for roofing

• All properties must be conveyed with clear title, free of any material or mechanic’s liens

5. TERM OF CONTRACT – The contract period for the successful developer will be from date of award through a maximum of (12) months, as determined by the City. The City of Greenville Community Development Division is to be billed based on the contractual agreement unless noted otherwise.

6. OPTIONAL QUESTION AND ANSWER SESSIONS

Developer(s) will have the opportunity to attend optional question and answer sessions. The sessions will be held on the following dates:

To register, please contact Meredith Wells at 252-329-4481 or by email at mwells@greenvillenc.gov. All sessions will be held at 201 W. 5th Street, Greenville, NC, on the 3rd Floor.

7. MANDATORY PRE-SUBMITTAL MEETING

Developer(s) intending to submit a proposal in response to this RFP must attend a mandatory pre-submittal meeting. The in-person meeting will be held on May 5, 2026 at 10:00 AM at 200 W. Fifth Street, 3rd Floor Gallery. Please rsvp to Meredith Wells by email mwells@greenvillenc.gov by May 3, 2026.

8. EVALUATION AND AWARD PROCESS – Issuance of this RFP and receipt of proposals does not commit the City to award a contract. The City reserves the right to postpone receipt date, accepting or rejecting

April 28, 2026, from 10AM to 1PM April 29, 2026, from 10AM to 1PM April 30, 2026, from 10AM to 1PM any or all proposals received in response to this RFP, or to negotiate with the Developer submitting an RFP or cancelling all or part of this RFP.

The City will evaluate each proposal based on whether it meets the City’s goal and objectives. The winning proposal(s) will be the one(s) which best addresses those purposes. The City Council of the City of Greenville will have authority to award the final contracts.

9. CITY’S RIGHT TO REJECT – The City reserves the right to reject any and all proposals received as a result of this RFP, or to negotiate issues so as to best serve the interests of the City of Greenville.

10. DEVELOPER ELIGIBILITY REQUIREMENTS

A. All licenses to do business in the State of North Carolina must be proper and valid. A copy of all insurance information and licenses shall be included with the proposal package. All work must comply with applicable federal, state and local laws, ordinances, regulations, construction specifications and requirements.

B. All new vendors, including subcontractors/consultants, must register with the City’s online portal prior to the rendering goods and services.

i. Registration as a vendor with the City is the responsibility of prime or subcontractor

/consultant, and requires the prospective new vendor to submit a W-9, and complete the registration through the City’s vendor portal at the following web address:

https://cityofgreenvillenc.munisselfservice.com/vss.

ii. If the prospective new vendor is only providing service(s) as a subcontractor/consultant, submission of payment information is not necessary at the time of registration.

11. PROPOSAL REQUIREMENTS - Proposals must include:

A. Cover Letter with company information and contact details.

B. Developer Experience, Qualifications & Capacity. The developer must identify key team members, including trades and/or subcontractors, and provide a resume of those team members’ experience highlighting experience on projects similar to the one proposed in this RFP. Additionally, the developer must provide a detailed description of previous projects that are similar to the development proposed in this RFP. The description should include photos, plans, price and the time on market for homes built in each previous development and demonstrate the ability to build and market both speculative and pre-sale homes in a timely manner.

C. Project Design & Timeline. Developers should submit a detailed development plan including unit mix, floor plans, construction timeline, and trade names. The plans must fit aesthetically and architecturally into the existing community. The homes must be at a minimum of 1,200 square feet.

Modular and/or mobile homes are not permitted; all homes must be stick built. (For reference only, see ATTACHMENT G).

D. Financial Plan and Proof of Financing Capacity. A letter from suppliers and financial institutions, references from previous customers or businesses acknowledging capacity and good standing.

E. Marketing Plan and Approach for Identifying Eligible Buyers. This plan should identify which realtor they will be working with to market the homes. The resume should be included and should specify the realtor’s experience marketing homes in a similar market. The marketing plan should describe the outreach efforts to reach potential low-and-moderate-income buyers, particularly those that currently reside in the community where the homes will be built. It should also note what organization(s) will be partners in outreach efforts.

F. Regulatory Compliance. The developer must provide a plan for complying with affordability covenants.

G. Local Hiring/Job Training Initiatives. The City aims to provide job training opportunities through its partnership with the North Carolina Homebuilders Association Construction Training Program.

Participants of the program complete a free 8-week hands-on construction training program in which they learn the fundamentals of building trades. Developers should make an effort to hire graduates from the NCHBA Construction Training Program or other qualified local residents to fill vacancies as they are completing the project. A proposed hiring plan along with efforts to fill vacancies with qualified local residents should be included with documentation for this RFP.

H. References.

The developer must provide at least three (3) professional references from other cities for which the developer has successfully completed a project similar in scope to the one proposed in this RFP.

In addition, the developer must provide three (3) homeowner reference letters from individuals who have occupied homes developed by the firm for a minimum of one (1) year.

All reference letters must be emailed directly to rskeen@greenvillenc.gov and received no later than May 20, 2026 by 9:00 AM Failure to comply with these requirements may result in the proposal being deemed non-responsive.

12. EVALUATION CRITERIA

Activity Eligible Points

Developer Experience, Qualifications & Capacity 30 points Financial Feasibility and Proposed Budget 15 Points Project Design and Alignment with City Goals 10 Points Marketing Plan 10 Points Project Timeline & Ability to Meet Deadlines 5 Points Compliance with Affordability Requirements 5 Points Local Hiring/Job Training Initiatives 15 Points References and Past Performance 10 Points Total 100 Points

TOTAL 100 points

13. QUESTIONS

Any questions you have regarding this RFP shall be submitted in writing by email to Renee’ Skeen at rskeen@greenvillenc.gov.

The deadline for asking questions will be May 5, 2026 at 12:00 PM. Answers to all submitted questions will be provided to the public via an addendum on the website, by email to those who submitted the question, and by email to any directly known party of interest who may be planning to submit a proposal by May 7, 2026, at 4:00 PM.

14. PROCUREMENT SCHEDULE

Event Dates and Times Issuance of RFP April 22, 2026 @ 5:00 PM Mandatory Pre-Submittal Meeting May 5, 2026 @ 10:00 AM Deadline to Submit Questions May 5, 2026 @ 12:00 PM Answers to Questions Provided May 7, 2026 @ 4:00 PM Proposal Due May 20, 2026 @ 9:00 AM Interviews, if necessary Week of June 15, 2026 Selection of Developer(s) Proposed for the week of July 13, 2026 Notice to Proceed Proposed for the week of August 10, 2026

15. SUBMISSION INSTRUCTIONS

Proposals must be submitted electronically in PDF format or as hard copies to:

Renee' Skeen Assistant Director: City of Greenville

Community & Development Services Community Development Division 201 West Fifth Street

Email: Rskeen@greenvillenc.gov Phone:252-329-4487

Late proposals will not be considered

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 developer, regarding 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 developer 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. Title VI Assurances are attached as Attachment C.

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

In all solicitations, either by competitive bidding, or negotiation made by the developer 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 developer of the developer’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 obliged to make payment to the Developer for any services not 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.

6. SERVICES PERFORMED: All services rendered under this agreement will be performed at the Developer’s own risk and the Developer expressly agrees to indemnify and hold harmless the City, its officers, agents, independent developers, 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 DEVELOPER: It is mutually understood and agreed that the Seller is an independent developer and not an agent of the City, and as such, Developer, his or her 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. *NEW UPDATE: Developer(s) are responsible for ensuring all subcontractors working on the project are registered as vendors with the City of Greenville and have active registration prior to contract award.

All new vendors, including subcontractors/consultants, must register with the City of Greenville’s online portal prior to the rendering of goods or services.

Registration as a vendor with the City of Greenville is the responsibility of prime or subcontractor/consultant, and requires the prospective new vendor to submit a W-9, and complete the registration through the City’s vendor portal at the following web address:

https://cityofgreenvillenc.munisselfservice.com/vss

If the prospective new vendor is only providing service(s) as a subcontractor/consultant, submission of payment information is not necessary at the time of registration. General Developers must provide total amounts paid to MWBE subcontractors with each payment application/invoices.

9. VERBAL AGREEMENT: The city will not be bound by any verbal agreements.

10. INSURANCE REQUIREMENTS: Developer 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 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.

11. INDEMINIFICATION AND HOLD HARMLESS: All services rendered under this agreement will be performed at the Developer’s own risk and the Developer 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 DEVELOPER 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 DEVELOPER in fulfilling its obligation under this contract. It is understood and agreed by the parties that the City will assume no liability for damages, injury, or other loss to the Developer, its employees or property, tools or equipment, or to other people or property located on City facilities resulting from the DEVELOPER’S activities and operations while performing services under this contract.

12. E-VERIFY COMPLIANCE: The Developer shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, if the Developer utilizes a Subcontractor, the Developer 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 following the requirements of Article 2 Chapter 64 of the North Carolina General Statutes.

13. 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.

14. ADVERTISING: The Developer 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.

15. 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. A reasonable extension of time for unforeseen delays may be made by mutual written consent of all parties involved or the contract may terminate.

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

17. CONFLICT OF INTERESTS:

a. Developer 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. Developer 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. Developer 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 on the part of Developer, its employees or associated people or entities shall be disclosed to the City.

c. Developer 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. The developer shall make such a disclosure to the City in writing and immediately upon the Developer'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, developer, 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 Developer, either for themselves or for those with whom they have family or business ties, during their tenure or for one year thereafter.

18. TERMINATION: The City may terminate this Contract at any time by providing thirty (30) days written notice to the Developer. In addition, if Developer 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 Developer and termination will be effective upon receipt. The developer shall cease performance immediately upon receipt of such notice. The Developer 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 Developer for the purpose of setoff until such time as the City can determine the exact amount of damage due to the City because of the breach.

ATTACHMENT B

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

City of Greenville MWBE Guidelines for Professional Service Contracts

$50,000 and above

These instructions shall be included with each bid solicitation.

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

MWBE Guidelines for Professional Service Contracts $50,000 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 the contract award. As of July 1, 2009, developers, 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 the 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/

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. Submitters 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 participating in 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.

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

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.

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.

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

Category

Work description % of Work

*Minority categories: Black, African American (B), Hispanic or Latino (L), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (S) Disabled (D)

The undersigned intends to enter into a formal agreement with MWBE firms for work listed in this schedule conditional upon execution of a contract with the current scope proposed by the Owner.

The undersigned hereby certifies that he/she has read the terms of this agreement and is authorized to bind the submitter to the agreement herein set forth.

Date:

Name & Title of Authorized Representative

Signature of Authorized Representative

Statement of Intent to Perform work without Sub-Service Providers

FORM 2

(Must be included with submission if not subcontracting any portion of work)

We, , hereby certify that it is our intent to perform 100% of the work required for the contract.

In making this certification, the Proposer states the following:

i. It is a normal and customary practice of the Proposer to perform all elements of this type of contract with its own workforce and without the use of sub-consultants. The Proposer has substantiated this by providing documentation of at least three (3) other projects within the last five (5) years on which they have done so.

Check box to indicate documentation is attached.

ii. The Proposer has a valid business reason for self-performing all work on the Contract as opposed to subcontracting with a MWBE. The Proposal must describe the valid business reason for self-performing, and the Proposer must submit with its Bid or Proposal documentation sufficient to demonstrate to the Authority reasonable satisfaction the validity of such assertions.

Check box to indicate documentation is attached.

iii. If it should become necessary to subcontract some portion of the work at a later date, the Proposer will notify the City and institute good faith efforts to comply with all requirements of the MWBE program in providing equal opportunities to MWBEs to subcontract the work. The firm will also submit a Request to Change MWBE Participation Form (even if the final sub-consultant is not MWBE).

The undersigned hereby certifies that he or she has read the terms of this certification and is authorized to bind the Proposer in accordance herewith.

Sub-Service Provider Utilization Commitment (Must be submitted after contract negotiation and prior to Award)

We , do certify that on the (Company Name) we will expend a minimum of % of the total dollar amount of the contract with certified MBE firms and a minimum of % of the total dollar amount of the work with WBE.

Name, Address, & Phone Number of Sub-

Service Provider

*MWBE

Category

Work description % of Work

*Minority categories: Black, African American (B), Hispanic or Latino (L), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (S) Disabled (D)

The undersigned will enter into a formal agreement with MWBE firms for the work listed in this schedule.

Failure to fulfill this commitment may constitute a breach of contract.

The undersigned hereby certifies that he/she has read the terms of this commitment and is authorized to bind the submitter to the commitment herein set forth.

REQUEST TO CHANGE MWBE PARTICIPATION

(Submit changes only if recipient of intent to award letter, continuing through project completion.)

Project:

Bidder or Prime Consultant:

Name & Title of Authorized Representative:

Address: Phone #:

Email Address:

Original Total Contract Amount: $

Total Contract Amount (including approved change orders or amendments): $

Will this request change the amount of the contract? Yes No

If yes, give the total contract amount including change orders and proposed change: $

The proposed request will do the following to overall MWBE participation (please check one):

Increase Decrease No Change

Name of sub-consultant:

Service provided:

Proposed Action:

Replace sub-consultant Perform work in-house

For the above actions, you must provide one of the following reasons (Please check applicable reason):

The listed MBE/WBE, after having had a reasonable opportunity to do so, fails or refuses to execute a written contract.

The listed MBE/WBE is bankrupt or insolvent.

The listed MBE/WBE fails or refuses to perform his/her subcontract or furnish the listed materials.

The work performed by the listed sub-consultant is unsatisfactory according to industry standards and is not in accordance with the plans and specifications; or the sub-consultant is substantially delaying or disrupting the progress of the work.

If replacing sub-consultant:

Name of replacement sub-consultant:

Is the sub-consultant a certified MWBE? Yes No

If not, please attach documentation of outreach efforts employed by the firm to utilize MWBE.

Dollar amount of original consultant contract $

Dollar amount of amended consultant contract $

Other Proposed Action:

Increase total dollar amount of work Add as an additional sub-consultant* Decrease total dollar amount of work Other

Please describe reason for requested action:

*If adding additional sub-consultant:

Is the sub-consultant a certified MWBE? Yes, No

If not, please attach documentation of outreach efforts employed by the firm to utilize MWBE.

Dollar amount of original consultant contract $

Dollar amount of amended consultant contract $

Interofice Use Only:

Approval Y N

Date

Signature

Proof of Payment Certification MWBE Developers, Suppliers, Service Providers

Project Name:

Prime Service Provider:

Current Contract Amount (including change orders): $

Requested Payment Amount for this Period: $

Is this the final payment? Yes No

Firm Name MWBE Category*

Total Amount Paid from this Pay Request

Total Contract Amount

Total Amount Remaining

*Minority categories: Black, African American (B), Hispanic or Latino (L), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (S) Disabled (D)

Date: Certified By:

Name

Title

Signature

Pay Application No.

Purchase Order No.

Affordable Homeownership Development RFP# 25-26-43

ATTACHMENT C

Title VI of the Civil Rights Act of 1964 Nondiscrimination Provisions.

During the performance of this contract, the developer, for itself, its assignees, and successors in interest (hereinafter referred to as the "developer") agrees as follows:

1) Compliance with Regulations: The developer (hereinafter includes consultants) will comply with the Acts and the Regulations relative to Nondiscrimination in Federally assisted programs of the U.S. Department of Transportation (USDOT), as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

(2) Nondiscrimination: The developer, regarding the work performed by it during the contract, will not discriminate on the grounds of race, color, national origin, sex, age, creed (religion), low-income, limited English proficiency, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The developer will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21.

(3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the developer 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 developer of the developer's obligations under this contract and the Acts and the Regulations relative to Nondiscrimination on the grounds of race, color, or national origin.

(4) Information and Reports: The developer will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Recipient or the USDOT to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required from a developer is in the exclusive possession of another who fails or refuses to furnish the information, the developer will certify to the Recipient or the USDOT, as appropriate, and will set forth what efforts it has made to obtain the information.

(5) Sanctions for Noncompliance: In the event of a developer's noncompliance with the Non-discrimination provisions of this contract, the Recipient will impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to:

(a) withholding payments to the developer under the contract until the developer complies;

and/or

(b) cancelling, terminating, or suspending a contract, in whole or in part.

(6) Incorporation of Provisions: The developer will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The developer will act with respect to any subcontract or procurement as the Recipient or the USDOT may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided that if the developer becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the developer may request the Recipient to enter into any litigation to protect the interests of the Recipient. In addition, the developer may request the United States to enter into the litigation to protect the interests of the United States.

During the performance of this contract, the developer, for itself, its assignees, and successors in interest (hereinafter referred to as the "developer") agrees to comply with the following nondiscrimination statutes and authorities, including but not limited to:

Pertinent Nondiscrimination Authorities

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21.

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42

U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);

• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27;

• The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);

• Airport and Airway Improvement Act of 1982, (49 USC § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and developers, whether such programs or activities are Federally funded or not);

• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;

• The Federal Aviation Administration's…