RFQ for Consulting Services for Public Housing Capital Needs Assessment and Asset Repositioning Strategy AE27-001, Housing and Community Development, Chapel Hill, NC September 30, 2026

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REQUEST FOR QUALIFICATIONS (RFQ)

Consulting Services for

Public Housing Capital Needs Assessment and Asset Repositioning Strategy

Housing and Community Development Department

RFQ: AE27-001

From: Lenore Bishop, Purchasing & Contracts Manager

Subject: Consulting Services for Public Housing Capital Needs Assessment and Asset

Repositioning Strategy

Department: Housing and Community Development Department

Date: September 30, 2026

**The work to be performed under this proposed federally-funded Contract is subject to the requirements of

HUD Section 3 (24 CFR Part 75)**

The Town of Chapel Hill (“Town”) through its Housing and Community Development Department (“HCD”) is seeking proposals from qualified consultants (“Proposer” or “Contractor”) to provide strategic and technical advisory services. The selected consultant will perform a Capital Needs Assessment (“CNA”) and determine strategies for asset repositioning of the Town’s public housing portfolio consisting of 296 residential units, one administrative office building, and three community buildings. The consultant will work closely with HCD leadership and staff to assess the current condition of assets, explore repositioning options, and implement a plan that aligns with the U.S. Department of Housing and Urban Development’s (“HUD”) repositioning policies and the Town’s Affordable Housing Plan to support the long-term sustainability of the Town’s aging real estate portfolio.

RFQ Questions

October 15, 2026 All RFQ questions from Proposers must be sent via email to Jamila Lunsford at jlunsford@chapelhillnc.gov and are due by 3:00 PM EST.

October 22, 2026 Answers to questions published as an addendum posted to Town website at www.chapelhillnc.gov under the current bids page.

RFQ Submittals

October 30, 2026

Proposals must be sent via email to Lenore Bishop, Purchasing and Contracts Manager, at lbishop@chapelhillnc.gov and are due by 12:00 PM EST.

Proposal submittal questions should be directed to the Purchasing Division at

(919) 969-5022.

The Town of Chapel Hill reserves the right to reject any and all proposals for any reason or no reason and to accept the proposal most favorable to the Town of Chapel Hill.

https://www.chapelhillaffordablehousing.org/read-our-plan mailto:jlunsford@chapelhillnc.gov http://www.chapelhillnc.gov/ https://www.chapelhillnc.gov/Town-Government/Doing-Business-with-Chapel-Hill/Bids-Current mailto:lbishop@chapelhillnc.gov

REQUEST FOR QUALIFICATIONS

Public Housing Capital Needs Assessment and Asset Repositioning Strategy

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Contents

Contents I. Project Scope

A. Background B. Scope of Services C. Project Timeline D. Contract Period

II. Procurement Process

A. RFQ Timeline B. Addenda C. Requests for Interpretation D. Submission of Proposals E. Preparation Costs F. Time for Consideration G. The Town’s Rights and Options H. Open Records

III. Contract Requirements

A. Insurance B. Subcontractors C. Business Engagement and Opportunities D. Section 3 Compliance E. Additional Terms and Conditions F. Federal Assistance G. Prohibited Contract Terms

IV. Proposal Format

A. Cover Letter and Firm Overview B. Key Personnel and Qualifications C. Knowledge and Experience D. Project Approach and Delivery Schedule E. Required Forms

V. Evaluation Criteria and Process

REQUEST FOR QUALIFICATIONS

Public Housing Capital Needs Assessment and Asset Repositioning Strategy

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VI. Required Forms

Form A. Proposal Form Form B. Proposer’s Certification Form Form C. Certification Regarding Lobbying Form D. Certification Regarding Debarment and Suspension Form E. Compliance or Exception to Terms and Conditions Form F. Non-Collusion Affidavit Form G. Certification and Representation of Offerors Form H. Section 3 Compliance Checklist and Business Concern Certification

Attachment A – Sample Contract

Attachment B – HUD Section 3 Quick Guide

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I. Project Scope

A. Background Chapel Hill has 65 years of demonstrated commitment to affordable housing, beginning with the creation of the Chapel Hill Housing Authority in 1962 and development of the first public housing neighborhood opened in 1967. The Town assumed operations of the public housing portfolio in 1987. Today, the Housing and Community Development Department oversees 296 Town-owned public housing units across 12 diverse communities in Chapel Hill and Carrboro. These homes were built between 1967 and 1994 and range from one to five bedrooms, providing affordable housing for low- and very low-income residents.

Chapel Hill’s Public Housing Portfolio

COMMUNITY # OF

UNITS

# OF

BUILDINGS

# OF

STORIES BUILT RENOVATED

Craig Gomains 40 17 2 1967 1999

Linsday Street 9 3 2 1967 2001

North Columbia 11 4 2 1968 2008

South Estes 44 9 2 1970 1997

Airport Gardens 26 4 2 1972 2006

Pritchard Park 15 3 2 1972 2002

South Roberson 15 3 2 1972 2011

Colony Woods 30 15 1 1981

Oakwood 30 11 1 & 2 1984

Church Caldwell 20 5 1 1986

Eastwood 32 16 1 1986

Rainbow Heights 24 12 1 1994

FACILITIES LOCATION APPROX. SQUARE

FOOTAGE BUILT

Administrative Office 317 Caldwell St. 5,184 1995 Airport Gardens Community Center

821 Martin Luther King Jr.

Blvd. 294 1972

Craig-Gomains Community Center 505 Craig St. 1,482 1975

South Estes Community Connect Center 391 South Estes Dr. 1,090 1997

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B. Scope of Services The selected consultant shall conduct a comprehensive inspection of the current condition of the Town’s public housing properties and facilities, evaluate viable repositioning strategies, and develop a strategic plan to guide the Town’s decision-making related to the maintenance, development, and redevelopment potential of our public housing properties. This work will support the Town’s enduring mission to provide quality and safe housing and community spaces.

The consultant shall clearly articulate objectives, deliverables, and responsibilities to produce a comprehensive Capital Needs Assessment of the Town’s public housing portfolio and an Asset Repositioning Plan aligned with HUD regulatory requirements and long‑term strategic goals. The tasks outlined below are divided into two phases, which may be performed concurrently, and are representative but not exhaustive:

1. Phase 1: Capital Needs Assessment (CNA)

The consultant shall complete a CNA in accordance with HUD guidance to include:

a. Conducting full property condition surveys for at least 30% of randomly sampled occupied units, ensuring the sample includes units from each community and consists of all bedroom sizes; and 100% of all vacant units and facilities across all developments.

b. Using appropriate statistical sampling methods and techniques with consideration taken for the unit size mix to reach conclusions about property needs.

c. Inspecting major building systems (site conditions, structural elements, roofs, HVAC, electrical, plumbing, interiors, life safety, accessibility, energy efficiencies).

d. Identifying immediate code deficiencies and HUD compliance issues.

e. Providing remaining useful life estimates for building components.

f. Developing a 20‑year capital needs schedule with detailed cost estimates.

g. Documenting all methodology, assumptions, and data sources used in the assessment.

1.1 Phase 1 Deliverables

i. Draft and complete milestone reports in PDF or other acceptable format for HCD review at scheduled intervals.

ii. Provide a final comprehensive CNA report which includes findings, immediate repair recommendations with cost estimates, data tables, photos, narrative analysis, and a multi-year capital plan.

iii. Include all supporting documentation such as color photographs, electronic data, spreadsheets, narratives, and inspection notes as a supplement to the final report.

2. Phase 2: Asset Repositioning Plan

The consultant shall:

a. Assess repositioning options, such as Rental Assistance Demonstration (RAD), Section 18, Project-Based Vouchers (PBV), Tenant Protection Vouchers (TPVs), redevelopment, mixed‑finance strategies as well as advantages, disadvantages, and the feasibility of each approach.

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b. Perform a financial analysis including capital needs, operating performance, pro formas, potential funding sources, and timelines.

c. Outline community impact and relocation considerations with a communications strategy for informing and engaging residents, council members, and stakeholders.

d. Identify environmental, market, and regulatory due diligence steps.

e. Develop a phased implementation plan with milestones.

f. Present to Town leadership, board, and stakeholders as needed.

2.1 Phase 2 Deliverables

i. Draft and complete milestone reports in PDF or other acceptable format for HCD review at scheduled intervals.

ii. A final Asset Repositioning Plan including recommended strategies for each neighborhood with estimated sources, uses, and timelines.

iii. The Asset Repositioning Plan should propose a prioritization for each neighborhood, including guidance on which projects can be undertaken simultaneously, and which should be sequenced consecutively.

iv. Include all supporting documentation such as electronic data, spreadsheets, and inspection notes as a supplement to the final document.

C. Project Timeline

Time is critical to the successful completion this project. The Town expects for the selected firm to begin project implementation immediately following contract execution and no later than sixty

(60) days afterwards. All work shall be completed within one (1) year from the contract execution date.

The proposer’s estimate of the time required to complete the services outlined in this RFQ will be a consideration in the evaluation and selection process. The proposal(s) must include a timeline identifying the components of the scope and any other tasks deemed necessary to produce the final deliverables.

D. Contract Period The term of performance of this contract will be for a period of one (1) year. Please see Attachment A for a sample contract that will be used.

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II. Procurement Process

A. RFQ Timeline

Date Event September 30, 2026 RFQ Posted October 15, 2026 Questions due in writing by 3:00 PM EST to Jamila Lunsford at jlunsford@chapelhillnc.gov.

October 22, 2026 Answers to questions received will be published by 5:00 PM on Town website www.chapelhillnc.gov under Current Bids.

October 30, 2026 Proposals due to Lenore Bishop at lbishop@chapelhillnc.gov by 12:00 PM

EST.

November 2026 Selection and Notification January 2026 Contract Award

B. Addenda Each Proposer is responsible for determining that all addenda issued by the Town of Chapel Hill Purchasing and Contracts Manager have been received before submitting a proposal. All such addenda shall become part of the Contract, and all Proposers shall be bound by such addenda.

C. Requests for Interpretation All questions pertaining to this RFQ must be submitted in writing no later than 3:00 PM EST on October 15, 2026. Written questions should be emailed to: jlunsford@chapelhillnc.gov.

All responses to timely submitted requests for interpretations will be published in the form of an addendum of the Town’s website at Chapel Hill Bids-Current on October 22, 2026.

No personal contact with Town of Chapel Hill employees or Town Council, except for the designated project contacts, is allowed during the RFQ process. Any vendors contacting Town department(s) directly may subject the proposal to being rejected.

D. Submission of Proposals Company’s proposal must be emailed to the Purchasing and Contracts Manager, Lenore Bishop, at lbishop@chapelhillnc.gov. All proposals must be received by 12:00 PM EST on October 30, 2026.

The email subject line must read:

“RFQ # AE27-001 Consulting Services for Public Housing Capital Needs Assessment – Company Name”.

Any submissions received after 12:00 P.M. EST on the Town’s internal server will be rejected.

Do not submit paper copies.

E. Preparation Costs

The Town of Chapel Hill will not pay any costs associated with preparing, submitting, or evaluating proposals.

mailto:jlunsford@chapelhillnc.gov https://www.chapelhillnc.gov/ https://www.chapelhillnc.gov/Town-Government/Doing-Business-with-Chapel-Hill/Bids-Current mailto:lbishop@chapelhillnc.gov mailto:jlunsford@chapelhillnc.gov https://www.chapelhillnc.gov/Town-Government/Doing-Business-with-Chapel-Hill/Bids-Current mailto:lbishop@chapelhillnc.gov

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F. Time for Consideration The Town shall have a period of ninety (90) calendar days from due date of the proposals in which to award the contract. The Proposer shall be bound by their proposal during that time. A company may withdraw a proposal by written request prior to the date and time of the proposal opening or after the 90-day time for consideration if a contract has not been awarded.

G. The Town’s Rights and Options Nothing herein is intended to exclude any responsibilities or in any way restrain or restrict competition. All contractors are encouraged to submit proposals. The Town reserves the right to waive any informalities and to reject any and/or all proposals. In addition, the Town reserves the right to cancel a solicitation at any time prior to the award of a contract.

The Town will seek to negotiate a contract, a general scope of services, fee schedule, etc. with the preferred proposer(s). If unable to reach an agreement, the Town reserves the right to terminate negotiations and commence negotiations with the next ranked proposer(s).

H. Open Records Information submitted to the Town of Chapel Hill is public information and is available upon request in accordance with the North Carolina Public Information Act. As provided by North Carolina statute and rule, the Town will consider keeping confidential the trade secrets, which the Company does not wish to be disclosed. For such information, the Company must mark each page in boldface at the top and bottom as “CONFIDENTIAL”. In spite of what is labeled as a trade secret, the determination of whether it is or not will be determined by North Carolina General Statutes 132-1.2(1). Once a final price is negotiated, the cost information will not remain confidential. Any other public information may not be deemed confidential; therefore, only mark the necessary confidential pages.

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III. Contract Requirements

A. Insurance The successful proposer shall procure and maintain during the life of the contract the following insurance coverages:

Worker’s Compensation: Coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include employer’s liability with a limit of $100,000 for each accident, $100,000 bodily injury by disease each employee and $500,000 bodily injury by disease policy limit.

Commercial General Liability: Shall have minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include premises and/or operations, independent contractors, products and/or completed operations, broad form property damage and explosion, collapse and underground damage coverage, sudden and accidental pollution losses, and a contractual liability endorsement.

Business Auto Policy: Shall have minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include: owned vehicles, hired and non-owned vehicles and employee non-ownership.

Professional Liability Insurance: The selected firm will be required to furnish proof of professional liability insurance coverage at the minimum amount of $1,000,000.

Special Requirements: The Town of Chapel Hill is to be named as an additional insured on the Commercial General Liability policy.

Current, valid insurance policies meeting the above requirements shall be maintained for the duration of the project. Renewal certificates shall be sent to the Town of Chapel Hill thirty (30) days prior to any expiration date. There shall also be a 30-day notification to the Town in the event of cancellation or modification of any stipulated insurance coverage. Certificates of Insurance on an Accord 25 (8/84) or similar form meeting the required insurance provisions shall be forwarded to the Town of Chapel Hill. Wording on the Certificate of Insurance which states that no liability shall be imposed upon the company for failure to provide such notice is not acceptable. Original policies or certified copies of policies may be required by the Town at any time.

Hold Harmless: The Contractor agrees to indemnify and hold harmless the Town of Chapel Hill from all loss, liability, claims or expense (including reasonable attorneys’ fees) arising from bodily injury, including death or property damage to any person or persons proximately caused in whole or in part by the negligence or willful misconduct of the Contractor except to the extent same are caused by the negligence or misconduct of the Town.

B. Subcontractors Any subcontract entered into by the Contractor for work hereunder is subject to prior approval by the Town. Without limitation, the Contractor shall ensure that any contract entered into by and between Contractor and a subcontractor to perform work hereunder requires the subcontractor to comply, as applicable, with all provisions under HUD Form 5370 C-General Conditions (Non- Construction Section I & II). Contractor shall further ensure that no subcontractor has been debarred by HUD or otherwise barred from working on federally funded programs or projects.

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C. Business Engagement and Opportunities Consistent with 2 CFR 200.321, when possible, recipients and subrecipients of federal financial assistance should ensure that all businesses, including small, emerging, growing, under-capitalized, and under-resourced firms or organization, are provided opportunities to participate in federally assisted contracts.

Contractors shall include these special provisions in all subcontracts for this contract.

D. Section 3 Compliance Pursuant to 24 CFR Part 75, Contractors must comply with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) and its implementing regulations to ensure that, to the greatest extent feasible, employment, training, contracting, and other economic opportunities arising from HUD-funded projects are directed toward low- and very low-income persons, particularly those residing in the project area. Proposers must describe their Section 3 compliance strategy (see Proposal Format and Attachment B).

The selected consultant will be responsible for maintaining records, demonstrating compliance and submitting required Section 3 reports for the duration of the contract.

E. Additional Terms and Conditions All proposals and other material submitted become the property of the Town of Chapel Hill. The Town of Chapel Hill reserves the right to add terms and conditions during contract negotiations.

These terms and conditions will be within the scope of the RFQ and will not affect the proposal evaluations.

F. Federal Assistance

This project is funded, in whole or in part, by federal assistance. Accordingly, the federal provisions contained in Exhibit B included in the Town’s standard contract document apply as applicable.

G. Prohibited Contract Terms

In no event shall there be any of the following unless Town’s express prior written agreement is obtained: (1) any limitation on, or disclaimer of, implied or express warranties or the liability of Contractor; (2) any limitation of damages, including a limitation on consequential damages; (3) any requirement for arbitration or for mandatory mediation; (4) any requirement that Town officials or employees keep the information confidential or any requirement that records be kept confidential by the Town unless the requirement for confidentiality meets the requirements of the Public Records Law.

https://www.ecfr.gov/current/title-2/section-200.321 https://www.ecfr.gov/current/title-24/part-75

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IV. Proposal Format Proposers shall submit a response to this RFQ that follows the required format outlined below to be considered responsive. Each submission must be bookmarked by category, include all requested components, and must not exceed 25 pages in total, excluding required RFQ forms.

A. Cover Letter and Firm Overview

• Key information about the firm: Firm’s size, former name(s), organizational structure, years established, number of employees, address, business phone, and website (as applicable).

• Contact information and title for the primary contact and authorized negotiator. Authorized negotiator must be empowered to make binding commitments for the firm.

• Include any designations as a Section 3 business concern and/or business enterprise as defined in 2 CFR 200.321.

• Signature of an authorized principal of the firm.

B. Key Personnel and Qualifications

• Identify key personnel for this project and demonstrate their qualifications to perform the duties specified in the Scope of Services, including but not limited to, professional background, certifications, industry recognition, and affiliations.

• Identify whether the Contractor intends to use any subcontractors for this project, if awarded, and/or if the proposal is a joint venture with another firm. All information required from the Contractor must also be included for any major subcontractors or from any joint venture.

• Include the firm’s strategies to engage firms as outlined in 2 CFR 200.321 and meet Section 3 compliance requirements as outlined in 24 CFR Part 75.

C. Knowledge and Experience

• Demonstrated understanding of the required Scope of Services

• Evidence of comprehensive knowledge of HUD repositioning programs, including but not limited to, RAD, Demolition/Disposition (Section 18), Voluntary Conversion (Section 22), and Choice Neighborhoods initiatives.

• Proven experience in providing asset repositioning and advisory services to public housing authorities (“PHAs”) of comparable size, including past performance related to budgets and schedules, success in identifying feasible approaches that led to favorable outcomes.

• Provide references from at least three (3) other clients for whom the firm has provided similar work in the past five (5) years.

• Include client/company name, contact name, email, and telephone number, what services were provided, and the dates worked for the client.

D. Project Approach and Delivery Schedule

• Demonstrate capacity and provide a well-conceived plan for implementation and delivery of the services outlined in the Scope of Services.

• Provide a framework that outlines anticipated milestones, timelines, methods for engaging designated HCD staff, and communication protocols throughout all phases of the project.

https://www.ecfr.gov/current/title-2/section-200.321 https://www.ecfr.gov/current/title-2/section-200.321 https://www.ecfr.gov/current/title-24/part-75

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E. Required Forms All forms are included as attachments to this solicitation:

• Form A: Company Profile Form

• Form B: Company Certification Form

• Form C: Certification Regarding Lobbying

• Form D: Certification Regarding Debarment and Suspension

• Form E: Compliance or Exception to Terms and Conditions

• Form F: Non-Collusive Affidavit

• Form G: HUD Forms 5369-B and 5369-C

• Form H: Section 3 Checklist and Section 3 Business Concern Certification

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V. Evaluation Criteria and Process

The proposal must show evidence that the proposer is capable of engaging with key stakeholders and producing documents satisfying the scope of services.

The Town of Chapel Hill reserves the right to use reference checks in its evaluation of proposals.

Each proposal will be evaluated on the Proposer’s responsiveness to the requirements of this RFQ utilizing the following factors. Award of points for each listed factor will be based upon the documentation the proposer submits within their proposal.

Criteria Maximum Points*

A Cover Letter and all Required Forms 10

B Key Personnel and Qualifications 30

C Knowledge and Experience 30

D Approach and Project Timeline 25

E Section 3 Certification or Compliance Strategy (awarded based on business ownership or compliance strategy) 5

Total Points Possible* 100

A committee selected by the Town of Chapel Hill will review and rank the proposals to make the selection based on consensus with their review committee. The Town, at its discretion, may choose to interview proposers or directly negotiate with the top ranked proposer(s). The Town will seek to negotiate a contract, a general scope of services, fee schedule, etc. with the preferred proposer(s). If unable to reach an agreement, the Town will terminate negotiations and commence negotiations with the next ranked proposer(s).

REMAINDER OF PAGE

INTENTIONALLY LEFT BLANK

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VI. Required Forms

Form A. Proposal Form

1. Company Profile

Company shall affirm the below statements to complete a responsive Proposal. Signatures must be of a Company employee with the authority to enter into agreements.

Company Name: ________________________________________________________________

Company Primary Contact: _______________________________________________________

Company Address: ______________________________________________________________

Company Phone Number: ________________________________________________________

Company Email: _________________________________________________________________

Company To Initial Each Statement:

a. The Company has read, understands, and has signed all required forms and submitted them as part of this offer. _______

b. The Company or authorized representative has read, understands, and accepts all terms and conditions as outlined herein, except for as noted on the Compliance Sheet. _______

c. The Company's proposal is valid for a period of at least 90 days from date of submission.

2. Addenda Acknowledgement

The undersigned acknowledges receipt of the following Addenda which are considered as part of the RFQ:

Addendum No.___________ Dated _________________

Signature Printed Name Date

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Form B. Proposer’s Certification Form

I have carefully examined the Request for Qualifications and any other accompanying documents that make a part of this solicitation.

I certify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the company as its act and deed and that the company is ready, willing and able to perform if awarded the contract.

I further certify that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a proposal for the same product or service; no officer employee or agent of the Town or any other proposer is interested in said proposal; and that the undersigned executed this Proposer’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.

This is an acknowledgement that federal financial assistance will be used to fund the contract. The Contractor will comply with all applicable federal laws regulations, executive orders, and the latest version of federal policies, procedures, and directives.

It is distinctly understood that the Town reserves the right to reject any or all proposals.

_________________________________ Federal Tax ID: ______________________ Company Name Phone: _____________________________ Authorized Signature Fax: _______________________________

_________________________________ Email: _____________________________ Printed or Typed Name and Title

Mailing Address

City/State/Zip Code

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Form C. Certification Regarding Lobbying

“Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)

This certification requirement applies to all FEMA grant and cooperative agreement programs.

Contractors that apply or bid for an award of $100,000 or more shall file the required certification required by 49 CFR Part 20, “New Restrictions on Lobbying.” Each tier certifies to the tier above that it will not and has not used federally appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose the name of any registrant under the Lobby Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-federal funds with respect to that federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.

The offeror, by signing its offer, hereby certifies, to the best of his or her knowledge and belief that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995).

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The Contractor, ____________________________________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.

Signature of Authorized Official Printed Name and Title of Authorized Official

Date

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Form D. Certification Regarding Debarment and Suspension

The Use of any Contractor that has been declared debarred by the office of Federal Contract Compliance Programs (OFCCP) is prohibited. Further the use of subcontractor(s) that has been declared debarred by OFCCP is prohibited. A complete list of federally disbarred contractors can be found at www.sam.gov.

It is the sole responsibility of the Contractor to ensure that subcontractor(s) are in good standing with the OFCCP and not on the disbarment list.

The undersigned applicant certifies to the best of his or her knowledge and belief, that the applicant and its principals:

(a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal Department or agency;

(b) have not within a 3-year period preceding this proposal been convicted of or had a valid judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) are not presently indicted or otherwise criminally or civilly charged by a governmental entitle

(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and

(d) have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

Should the applicant not be able to provide this certification, an explanation as to why should be placed after the assurances page in the application package.

The applicant agrees by submitting the proposal that it will include, without modification, the clause titled “Certification Regarding Debarment, Suspension, in eligibility, and Voluntary Exclusion- Lower Tier Covered Transactions” in all lower tier covered transactions (i.e., transactions with sub-grantees and/or contractors) and in all solicitations for lower tier covered transactions.

Signature

Title http://www.sam.gov/

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Form E. Compliance or Exception to Terms and Conditions

Please check ONE option:

☐ Company agrees and shall comply with all terms and conditions of this RFQ.

☐ Company takes exception to the following terms and conditions (identify by section number, page number, and title); note that exceptions to any term or condition may, at the Town's discretion, render the proposal non-responsive.:

Firm Name (Print)

Authorized Signature

Title

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Form F. Non-Collusion Affidavit

_________________________________________(name of individual), being first duly sworn, deposes and says that:

1. He/She is the ___________________________ (title) of

__________________________________ (company name), the proposer that has submitted the attached proposal;

2. He/She is fully informed respecting the preparation and contents of the attached proposal and of all pertinent circumstances respecting such proposal;

3. Such proposal is genuine and is not a collusive or sham proposal;

4. Neither the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other proposer firm or Person to submit a collusive or sham proposal in connection with the contract for which the attached proposal has been submitted or to refrain from proposing in connection with such contract, or has in any manner, directly or indirectly sought by agreement or collusion of communication or conference with any other proposer, firm or person to fix the price or prices or of any other proposers, or to fix any overhead, profit or cost element of the proposal of any other proposer or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the Town or any person interested in the proposed contract; and

Signature

Title

Date: ______________________________

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Form G. Certification and Representation of Offerors

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Form H. Section 3 Compliance Checklist and Business Concern Certification

(Must Be Included with Proposal)

Project Title & Project No.

Company Name

Date of Submission

SECTION A: GENERAL REQUIREMENTS

I understand this project is subject to HUD Section 3 compliance requirements, as administered by the Town of Chapel Hill’s Affordable Housing and Community Connections Department.

I have reviewed the Section 3 regulations (24 CFR Part 75), applicable Town guidance, and the HUD

Section 3 Guidebook, available on the HUD Exchange at:

https://www.hudexchange.info/programs/section-3/section-3-guidebook/welcome/

I agree to make every effort, to the greatest extent feasible, to provide economic opportunities to low-and very low-income persons and to Section 3 Businesses.

SECTION B: SECTION 3 WORKFORCE PARTICIPATION

Workforce Commitment

I commit to employing or currently employ Section 3 Workers and Targeted Section 3 Workers in accordance with HUD benchmarks (at least 25% and 5% of total labor hours, respectively).

I have included a staffing plan or labor hour projection outlining anticipated hiring needs.

Documentation

I will collect and maintain appropriate documentation to verify Section 3 Worker status (e.g., self-certification forms, income verification, proof of residency, date hired, position, etc.)

I will track and report labor hours worked by Section 3 and Targeted Section 3 Workers.

SECTION C: SECTION 3 BUSINESS UTILIZATION

(Complete this section only if subcontracting is permissible under the proposal specifications.)

Outreach

I will actively seek opportunities to engage certified Section 3 Business Concerns, with preference for those located in Chapel Hill or Orange County.

I have conducted or will conduct outreach to local Section 3 Business Concerns as part of my subcontracting strategy https://www.hudexchange.info/programs/section-3/section-3-guidebook/welcome/

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Section 3 Business List (attach additional sheets if necessary):

SECTION D: RECORDKEEPING AND REPORTING

I understand that the Town of Chapel Hill requires submission of Section 3 compliance data and activity reports, during and at the conclusion of the project, to include one or more of the activities below:

a) Section 3 worker certification forms or other documentation certifying eligibility

b) Record of Good Faith outreach efforts to provide training, apprenticeship, and employment opportunities to Section 3 residents

c) Evidence of Section 3 business utilization/subcontracting participation

d) Section 3 business concern certification forms

e) Record of Good Faith outreach efforts to subcontract with Section 3 businesses (if permissible under contract)

f) Labor hours worked by Section 3 employees (in full- and part-time positions)

I will maintain all necessary documentation for Section 3 compliance, including labor hours, worker certifications, subcontractor participation, and outreach efforts.

I will cooperate with the Town in providing requested reports and responding to compliance reviews or audits.

I understand that justification is required if Section 3 compliance goals are unmet.

SECTION E: DESIGNATED CONTACT INFORMATION

Section 3 Compliance Contact (Company Representative):

Name:

Title:

Phone:

Email:

Acknowledgment and Certification

I certify that the above information is accurate and complete, and that the Company named above is committed to fulfilling all applicable Section 3 responsibilities as outlined by HUD and the Town of Chapel Hill’s Affordable Housing and Community Connections Department.

Signature:

Printed Name:

Title:

Date:

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Attachment A – Sample Contract

STATE OF NORTH CAROLINA CONTRACT FOR

COUNTY OF ORANGE {DESCRIPTION OF SERVICES TO BE

PROVIDED UNDER THIS CONTRACT}

This Contract is made and entered into by and between the “Town of Chapel Hill,” herein “Town,” and “{Contractor’s Full Legal Name},” herein “Contractor,” for the services as described in this agreement.

WITNESSETH

That for and in consideration of the mutual promises and conditions set forth below, the Town and Contractor agree:

1. Duties of the Contractor: The Contractor agrees to perform those duties described in Exhibit A, attached hereto and incorporated herein by reference.

2. Duties of the Town: The Town will pay for the Contractor’s services as set forth in Exhibit A.

3. Maximum Sum: Contract amount is not to exceed {insert a not to exceed amount} plus applicable sales tax.

4. Federal Assistance. This Contract is funded, in whole or in part, by federal assistance. Accordingly, the federal provisions contained in Exhibit B apply, as applicable. In the event the federal assistance funding this contract, in whole or in part, is frozen or terminated, then this Contract shall automatically expire without penalty to the Town, and Contractor shall immediately stop its work unless otherwise agreed to by the Town in writing.

5. Billing and Payment: The Contractor shall submit an invoice to the Town for work performed under the terms of this Contract. The Town will make payment within thirty (30) days of receipt of an accurate invoice, approved by the department which contracted for these services.

6. Indemnification and Hold Harmless: The Contractor agrees to indemnify and hold harmless the

Town of Chapel Hill and its officers, agents and employees from all loss, liability, claims or expense (including reasonable attorneys’ fees) arising from bodily injury, including death or property damage to any person or persons proximately caused in whole or in part by the negligence or willful misconduct of the Contractor, except to the extent same are caused by the negligence or misconduct of the Town. Contrary to any provision that may be contained in any exhibits, attachments, or subsequent purchase orders, the Town shall not consent to limitations of Contractor liability for amounts less than the amount of insurance coverage under this agreement. Any provision that may be contained in any exhibit attached hereto that calls for the Town to indemnify the Contractor shall be only to the extent allowed by law.

7. Insurance Provisions: The Contractor shall provide evidence of current valid insurance (if applicable) for the duration of this agreement, with the Town named as an additional insured under the Contractor’s Commercial General Liability and Business Automobile policies. The required coverage limits are: 1) Commercial General Liability and Business Automobile - $1,000,000 per occurrence and 2) Workers’ Compensation - $100,000 for both employer’s liability and bodily injury by disease for each employee and $500,000 for the disease policy limit. Cyber Liability Coverage in the amount of $1,000,000 per occurrence and $2,000,000 aggregate is required for Contractors having access to personal identifying information and/or computer networks. The

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Town may also require evidence of supplementary insurance coverages depending on the services provided under this agreement.

8. Non-Discrimination: The Contractor contractually agrees to administer all functions pursuant to this agreement without discrimination because of race, creed, sex, national origin, age, economic status, sexual orientation, gender identity or gender expression.

9. Federal and State Legal Compliance: The Contractor must be in full compliance with all applicable federal and state laws, including those on immigration.

10. E-Verify: The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the

North Carolina General Statutes. If any subcontractors are used, they also must comply with these requirements. Pursuant to North Carolina General Statute § 143-133.3 (c)(2), contracts solely for the purchase of apparatus, supplies, materials, and equipment are exempt from this E-Verify provision.

11. Amendment: This Contract may be amended in writing by mutual agreement of the Town and

Contractor.

12. Termination: Either party may terminate this Contract at any time by giving the other party thirty

(30) days written notice of termination prior to the end of the term.

13. Interpretation/Venue: This Contract shall be construed and enforced under the laws of North

Carolina. The courts and the authorities of the State of North Carolina shall have exclusive jurisdiction over all controversies between the parties which may arise under or in relation to this Contract. In the event of any dispute between the parties, venue is properly laid in Orange County, North Carolina for any state court action and in the Middle District of North Carolina for any federal court action. Contrary to any provision that may be contained in any exhibits, attachments, or subsequent purchase orders, the Town shall not consent to 1) resolving any dispute by means of arbitration and/or 2) waiver of a trial by jury.

14. Preference: If the terms of any exhibits, attachments, or subsequent purchase orders are not consistent with the terms of this Contract, this document shall have preference; provided that where either any exhibits, attachments, or subsequent purchase orders or this document establishes higher standards for performance by either party, the higher standard, wherever located, shall apply.

15. Severability: The parties intend and agree that if any provision of this Contract or any portion thereof shall be held to be void or otherwise unenforceable, all other portions of this Contract shall remain in full force and effect.

16. Assignment: This Contract shall not be assigned without the prior written consent of the parties.

17. Entire Agreement: This Contract shall constitute the entire agreement of the parties and no other warranties, inducements, considerations, promises, or interpretations shall be implied or impressed upon this Contract that are not expressly addressed herein. All prior agreements, understandings and discussions are hereby superseded by this Contract.

18. Non-Appropriation of Funding: Contractor acknowledges that the Town is a governmental entity, and the Contract validity is based upon the availability of public funding under the authority of its statutory mandate.

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In the event that public funds are unavailable and not appropriated for the performance of Town’s obligations under this Contract, then this Contract shall automatically expire without penalty to the Town, thirty (30) days after written notice to Contractor advising of the unavailability and non-appropriation of public funds. It is expressly agreed that the Town shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Contract, but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally its governmental operations.

19. Construction Project Related Sales Tax: If applicable, the Contractor must provide certified statements regarding the cost of materials purchased and the amount of North Carolina sales and use taxes paid by Contractor and any subcontractors. Contractor further agrees to provide the Town with any additional information and documentation the Town might request in the event the Commissioner of Revenue of the State of North Carolina requires more information to substantiate a refund claim by the Town for sales or use tax. The Town will not make payment until these statements are submitted.