S2026-PM-0048 Bulk Trash Solicitation - Final.pdf

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INVITATION FOR BID

BULK TRASH PICKUP SERVICES

Solicitation No. S2026-PM-0048

METROPOLITAN DEVELOPMENT AND HOUSING AGENCY

NASHVILLE, TENNESSEE

Sept. 1, 2026

This IFB and its current plans and specifications are available through MDHA’s Procurement Housing

Agency Marketplace Site. URL: https://bit.ly/MDHAProcurement

All Bids must be received before 10:00 a.m. on Oct. 1, 2026, CST.

Questions are due Sept. 9, 2026, at 2:00 p.m. CST https://bit.ly/MDHAProcurement

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1 INTRODUCTION

The Metropolitan Development and Housing Agency (“MDHA”) is seeking bids from qualified vendors for Bulk Trash Services (Roll-off Hauling and Disposal) for several MDHA properties. Term of the contract shall be for three (3) years with two (2) one-year optional renewals. This service will be awarded to one

Bidder.

1.1 SCHEDULE

EVENT DATE

Questions and Clarifications due no later than 2:00 p.m. Sept. 9, 2026

Answers to questions posted on Housing Agency Marketplace website

Sept. 16, 2026

Bids are due no later than 10:00 a.m. Oct. 1, 2026

Notice of Award (approximate) Oct. 20, 2026

Contract Execution (approximate) Oct. 26, 2026

MDHA reserves the right to modify this schedule at any time.

1.2 BACKGROUND

As the housing and development agency of Nashville and Davidson County, MDHA's mission is to create quality affordable housing opportunities, support neighborhoods, strengthen communities and help build a greater Nashville. The Agency owns and/or manages nearly 6,700 apartments at 39 properties/developments and administers close to 8,000 vouchers, providing stable housing to approximately 30,000 people. MDHA also facilitates several programs that ensure affordable apartments are created and preserved.

Established in 1938, MDHA is predominately funded by the federal government and chartered by the state to serve Davidson County. It is governed by a seven-member Board of Commissioners appointed by the mayor and confirmed by Metro Council.

As the largest owner and operator of affordable housing in Nashville, MDHA seeks every opportunity to be a leading voice in developing solutions to Nashville's housing affordability crisis.

• MDHA is committed to transforming its aging family properties into mixed-income communities. The process ensures a one-for-one replacement of the existing federally subsidized units at each site and deconcentrates poverty by adding new affordable, workforce and market-rate housing. The Agency's first transformation at Cayce Place has been demonstrating promising returns through community engagement and new modern apartment buildings.

• MDHA's Payment in Lieu of Taxes (PILOT) program was first approved by Metro Council in 2016. To date, the program has assisted in creating and preserving more than 11,000 affordable apartments. The PILOT program provides financial incentives for Low-Income Housing Tax Credit (LIHTC) developments that encourage new construction and substantial rehabilitation of

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• MDHA has also converted nearly 1,000 of its Tenant-Based Vouchers to project-based vouchers, ensuring units remain affordable for 14 to 20 years. This move has allowed MDHA to assist with creating nearly 900 new apartments and preserving more than 200 affordable apartments.

MDHA administers four Community Planning and Development (CPD) programs on behalf of the city of Nashville: Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) and Housing Opportunities for Persons with AIDS (HOPWA). These funds are awarded by the U.S. Department of Housing and Urban Development (HUD).

The Agency also oversees 11 Redevelopment Districts, manages Metro's Tax Increment Financing (TIF) program and serves as a developer for the city. One of its current projects is the rebuild of historic Second Avenue.

MDHA's strategic plan focuses on four primary goals:

• Preserve and expand affordable housing in Nashville;

• Provide sustainable and healthy communities;

• Cultivate, enhance and evaluate strategic partnerships;

• Continuously improve MDHA's operations.

With MDHA at the helm, and multiple partners from the public and private sectors working together, we can expand and preserve affordable housing in Nashville.

2.0 STATEMENT OF WORK

Bidder shall provide waste pickup and disposal of garbage from dumpsters located at 13 MDHA properties. Additional MDHA properties may be added as needed during this contract term. MDHA may cancel a scheduled pickup or request an additional pickup with a minimum of forty-eight (48) hours’ notice.

Pickup, transportation and disposal of waste are to be in accordance with all applicable federal, state, and local laws and regulations.

If the pickup day is missed and overflow results, Bidder is responsible for picking up and discarding the overflow. In the event the Bidder experiences issues that obstruct the successful removal of waste, Bidder must notify the designated MDHA contact person for the situation to be remedied.

Bidder must provide a valid point of contact (name, email, and telephone number) and a backup contact (name, email, and telephone number). If contact information changes, Bidder must notify the MDHA contact within 10 days of the change.

Bidder shall invoice MDHA monthly indicating the pickup date, location, and cost.

3.0 INSTRUCTIONS TO BIDDERS

3.1 RESERVED

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3.2 RESERVED

3.3 INTERPRETATION OF CONTRACT DOCUMENTS

No interpretation of the meaning of the plans, specifications or other Bidding Documents shall be made to a Bidder orally. Any such oral interpretations or clarifications shall be without legal effect. All requests for interpretations or clarifications shall be in writing. Requests for interpretation will be accepted until Sept. 9, 2026, at 2:00 p.m. CST. MDHA’s response to written inquiries will be posted through the Marketplace to all Bidders as addendum. Questions may be submitted via “Housing Agency Marketplace” URL:

https://bit.ly/MDHAProcurement

3.4 SUBMISSION DEADLINE

For consideration, please submit the following no later than 10:00 a.m., Oct. 1, 2026, via Marketplace “Housing Agency Marketplace” URL:

a. Vendor is responsible for all TN Certifications per local, state, and federal law.

b. Noncompliance with these instructions will result in the bid envelope not being opened nor bid being considered.

c. To submit Bids, follow Invitation for Bids. It is the Bidder’s responsibility to ensure receipt of their Bid before time set and at place identified for receipt of Bids.

3.5 BID PREPARATION AND SUBMISSION

a. All bids must be submitted on the forms provided by MDHA. Bidders shall furnish all the information required by the solicitation. Bids must be signed, and the bidder’s name typed or printed on the bid sheet and each continuation sheet which requires the entry of information by the bidder. Erasures or other changes must be initialed by the person signing the bid. Bids signed by an agent shall be accompanied by evidence of that agent’s authority. (Bidders should retain a copy of their bid for their records.) The below-listed forms are required to be completed in their entirety and submitted in the order as they are listed. Failure to submit these documents in specific order and their entirety could result in being considered non-responsive. These forms can be found in this solicitation as Forms A through D and Exhibit 1-2:

• Attachment A - Bid Sheet

• Attachment B – Client References

• Attachment C – Representation, Certification, and Other Statements of Bidders

• Attachment D – Prime / Subcontractor / Supplier Information

• Exhibit -1 – Sample Contract

• Exhibit - 2 – General Conditions

b. This solicitation requires bidding on all items, failure to do so will disqualify the bid.

c. Unless expressly authorized elsewhere in this solicitation, alternate bids will not be considered.

d. Bids submitted by telegraph or facsimile (fax) machines will not be considered.

e. Pricing should include labor, all equipment, insurance, and administrative costs.

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3.6 AMENDMENTS/ADDENDA TO INVITATIONS FOR BIDS

a. Amendments/addenda shall be binding on bidder and shall become a part of the bidding documents.

b. If this solicitation is amended, then all terms and conditions which are not modified remain unchanged.

c. Bidders shall acknowledge receipt of any amendment(s) and/or addenda to this solicitation by identifying the amendment(s) and/or the addenda number and date on the bid form. Bids which fail to acknowledge amendment(s) and/or addenda issued will result in the rejection of the bid if the amendment(s) and/or the addenda contained information which substantially changed MDHA’s requirements.

d. Amendments/addenda will be on file in the offices of MDHA, or available electronically, at least seven

(7) days before bid opening.

3.7 RESPONSIBILITY OF PROSPECTIVE CONTRACTOR

a. MDHA will award the contract only to responsible prospective contractors who have the ability to perform successfully under the terms and conditions of the proposed contract. In determining the responsibility of a bidder, MDHA will consider such matters as the bidder’s:

• Integrity;

• Compliance with public policy;

• Record of past performance;

• Financial and technical resources (including construction and technical equipment); and

• Ability to do work in the State of Tennessee.

b. Before a bid is considered for award, the bidder may be requested by MDHA to submit a statement or other documentation regarding any of the items in paragraph (3.7(a)) above. Failure by the bidder to provide such additional information shall render the bidder non-responsible and ineligible for award.

c. Code of Silence. Bidders shall not communicate with the President and CEO, Contracting Officers, and Commissioners of the Board.

3.8 LATE SUBMISSIONS, MODIFICATIONS, AND WITHDRAWAL OF

BIDS

Bids may be withdrawn by written notice, in person or by electronic submission if Notice of Withdrawal is received before the exact time set for the opening of the bids.

3.9 BID OPENING

All bids received by the date and time of receipt specified in the solicitation will be opened and MDHA will post the award information once an award decision is made.

3.10 SERVICE OF PROTEST

a. Definitions. As used in this provision:

“Interested party” means an actual or prospective bidder whose direct economic interest would be affected by the award of the contract.

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“Protest” means a written objection by an interested party to this solicitation or to a proposed or actual award of a contract pursuant to this solicitation.

b. Protests shall be served on the Assistant Director of Procurement and Contract Management by obtaining written and dated acknowledgement from:

Camber Schlag, Assistant Director of Procurement and Contract Management 712 South Sixth Street, Nashville, TN 37206.

All protests shall be resolved in accordance with MDHA’s protest policy and procedures, copies of which are maintained at MDHA.

3.11 CONTRACT AWARD

a. The Owner will evaluate bids in response to this solicitation without discussions and will award a contract to the responsible bidder whose bid, conforming to the solicitation, will be most advantageous to the Owner considering only price and any price-related factors specified in the solicitation.

b. If the apparent low bid received in response to this solicitation exceeds MDHA’s available funding for the proposed contract work, MDHA reserves the right to reject any or all bids, cancel the solicitation, negotiate as permitted by applicable laws and regulations, revise the scope of work and re-solicit bids, or take any other action authorized under MDHA's procurement policies and procedures.

Any award made under this solicitation shall be subject to the availability of funds and compliance with MDHA's procurement requirements.

c. In the case of tie low bids, award shall be made in accordance with MDHA’s written policy and procedures.

d. MDHA reserves the right to reject any and all Bids and/or to waive any informality in the solicitation process or parts thereof and to resolicit. MDHA does not guarantee that a contract will be awarded as a result of this Invitation to Bid.

e. MDHA may reject any bid as non-responsive if it is materially unbalanced as to the prices for the various items of work to be performed. A bid is materially unbalanced when it is based on prices significantly less than cost for some work and prices which are significantly overstated for other work.

f. The Notice of Award not itself create the contract, and the contract become effective upon execution by both parties.

g. MDHA reserves the right to increase/decrease the scale of the contract without further solicitations maintaining that the scope is substantially the same and pricing remains the same.

h. The contract will be effective from the date the contract is signed by both parties.

i. MDHA reserves the right to increase/decrease the contract amount and/or the contract time.

3.12 COST INCURRED IN RESPONDING

All costs directly or indirectly related to the preparation of a Bid to this Invitation for Bid, or any oral presentation required to supplement and/or clarify the submittal which may be required by MDHA shall be the sole responsibility of and shall be borne by Bidder(s).

Each firm, by submitting its bid, waives any claim for liability against MDHA as to loss, injury and costs or expenses, which may be incurred as a consequence of its Bid to this document.

3.13 ORGANIZATIONAL CONFLICTS OF INTEREST

a. The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the

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

2. The Contractor's objectivity in performing the contract work may be impaired.

b. The Contractor agrees that if after award it discovers an organizational conflict of interest with respect to this contract or any work performed under the contract, he or she shall make an immediate and full disclosure in writing to the contracting officer which shall include a description of the action which the Contractor has taken or intends to take to eliminate or neutralize the conflict. The Owner may, however, terminate the contract for the convenience of the Owner if it would be in the best interest of the Owner.

c. In the event the Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the contracting officer, the Owner may terminate the contract for default.

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

3.14 INTEREST OF MEMBERS OF CONGRESS OF THE UNITED STATES

OF AMERICA

No member of or delegate to the Congress of the United of America or Resident Commissioner shall be admitted any share or part, and therefrom of this contract or to any benefit to arise there from, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit.

3.15 GRATUITIES AND KICKBACKS

a. Gratuities

It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim, or controversy or other particular matter, pertaining to any program requirement or any agreement or subcontract or to any solicitation or bid therefor.

b. Kickbacks

It shall be a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under an agreement to the prime contractor, higher tier subcontractor, or any person associated therewith, as an inducement for the award of a subcontract or order.

3.16 LIMITATIONS ON PAYMENTS MADE TO INFLUENCE CERTAIN

FEDERAL FINANCIAL TRANSACTIONS

3.16.1 The Contractor agrees to comply with Section 1352 of Title 31, United States Code which prohibits the use of Federal appropriated funds to pay 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 any of the following covered Federal actions:

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the entering into of any cooperative agreement; or the modification of any Federal contract, grant, loan, or cooperative agreement.

The Contractor further agrees to comply with the requirement of the Act to furnish a disclosure (OMB Standard Form LLL, Disclosure of Lobbying Activities) if any funds other than federal appropriated funds (including profit or fee received under a covered federal transaction) 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 a federal contract, grant, loan, or cooperative agreement.

3.17 CONTRACT COMPLIANCE STATEMENT

The Bidder shall state its compliance with all applicable rules and regulations of Federal, State and Local governing entities and attest that it is not excluded from Federal procurement programs. By the act of submitting your bid, your company is agreeing to the terms and conditions contained in this IFB and warrants to the best of its knowledge and belief, no actual conflict of interest exists with regard to your company’s possible performance of this procurement.

The Bidder shall affirm that it subscribes to a personnel policy which supports Title VI:

Nondiscrimination Requirement

No person shall be excluded from participation in, be denied of, be discriminated against in the admission or access to, or be discriminated against in treatment or employment in MDHA’s contracted programs or activities, on the grounds of race, creed, color, national origin, age, sex, disability, or any other classification protected by federal or Tennessee State Constitutional or statutory law; nor shall they be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of contracts with MDHA or in the employment practices of MDHA’s Contractors. Contractor certifies and warrants that it will comply with this nondiscrimination requirement. Accordingly, all offerors entering into contracts with MDHA shall, upon request, be required to show proof of such nondiscrimination and to post in conspicuous places that are available to all employees and applicants, notices of nondiscrimination.

4.0 BID SUBMISSION CHECKLIST FOR BIDS

[ ] Attachment A – Bid Sheet [ ] Attachment B – Client References [ ] Attachment C - Representation, Certifications, and Other Statements of Bidders [ ] Attachment D –Prime Contractor / Subcontractor/ Supplier Information [ ] Signed Addendums individually

ATTACHMENT B – REFERENCES

Bidder must provide 3 references that can be contacted regarding the quality of workmanship and service provided to current and past customers.

Project Reference #1

Name of Project: ______________________________________________________________

Project Location: ______________________________________________________________

Project Date: _________________________________________________________________

Firm Name for Contact Person #1: ________________________________________________

Name of Contact Person #1: _____________________________________________________

Telephone Number for Contact Person #1: __________________________________________

Email Address for Contact Person #1: ______________________________________________

Project Reference #2

Name of Project: ______________________________________________________________

Project Location: ______________________________________________________________

Project Date: _________________________________________________________________

Firm Name for Contact Person #2: ________________________________________________

Name of Contact Person #2: _____________________________________________________

Telephone Number for Contact Person #2: __________________________________________

Email Address for Contact Person #2: ______________________________________________

Project Reference #3

Name of Project: ______________________________________________________________

Project Location: ______________________________________________________________

Project Date: _________________________________________________________________

Firm Name for Contact Person #3: ________________________________________________

Name of Contact Person #3: _____________________________________________________

Telephone Number for Contact Person #3: __________________________________________

Email Address for Contact Person #3: ______________________________________________

MDHA reserves the right to contact additional references as deemed necessary.

Att C

MDHA Form A (8/2024)

ATTACHMENT C

REPRESENTATION, CERTIFICATIONS, AND OTHER STATEMENTS OF BIDDERS

“Bidder” as used herein refers to the business responding to a solicitation from MDHA whether it be a request for applications, proposals, qualifications, quotes, or an invitation for bids.

“Bid” as used herein refers to the written response provided by the Bidder responding to a solicitation from MDHA whether it be a request for applications, proposals, qualifications, quotes, or an invitation for bids.

“MDHA” is the acronym for Metropolitan Development and Housing Agency.

A. Certificate of Independent Price Determination and Non-Collusive Affidavit

A.1 The Bidder certifies that

(a) The prices in this Bid have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other Bidder or competitor relating to

(1) those prices,

(2) the intention to submit a bid, or

(3) the methods or factors used to calculate the prices offered;

(b) The prices in this Bid have not been and will not be knowingly disclosed by the Bidder, directly or indirectly, to any other bidder or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a competitive proposal solicitation) unless otherwise required by law; and

(c) No attempt has been made or will be made by the Bidder to induce any other concern to submit or not to submit a bid for the purpose of restricting competition.

A.2 Each signature on the Bid is considered to be a certification by the signatory that the signatory [check (a) or (b) as applicable]

(a) [ ] Is the person in the Bidder's organization responsible for determining the prices being offered in this Bid, and that the signatory has not participated and will not participate in any action contrary to subparagraphs A.1(a) through A.1(c) above; or

(b) [ ] Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs A.1(a) through A.1(c) above.

Name: Title:

Name: Title:

Name: Title:

[insert full name of person(s) in the Bidder's organization responsible for determining the prices offered in this Bid (the principals), and the title of his or her position in the Bidder's organization];

(1) As an authorized agent, does certify that the principals named in subdivision A.2(b) above have not participated, and will not participate, in any action contrary to subparagraphs A.1(a) through A.1(c) above; and

(2) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs A.1(a) through

A.1(c) above.

A.3 If the Bidder deletes or modifies subparagraph A.1(b) above, the Bidder must furnish with its Bid a signed statement setting forth in detail the circumstances of the disclosure.

[ ] [Contracting Officer check if following paragraph is applicable]

A.4 AFFIDAVIT: The signatory below, as principal, or agent of principal, deposes and states that the Bidder is fully informed respecting the preparation and contents of its Bid. That such Bid is genuine and not collusive or a sham; that Bidder has not colluded, conspired, connived or agreed directly or indirectly, sought by agreement or collusion, or communication or conference, with any person, to fix the Bid price of Bidder or of any other bidder, or to fix any overhead, profit or cost element of said Bid price, or of that of any other bidder, or to secure any advantage against the MDHA or any person interested in the proposed contract; and that all statements in said Bid are true.

B. Contingent Fee Representation and Agreement

B.1 Definitions. As used in this provision:

"Bona fide employee" means a person, employed by a bidder and subject to the Bidder's supervision and control as to time, place, and manner of performance, who neither exerts, nor proposes to exert improper influence to solicit or obtain contracts nor holds out as being able to obtain any contract(s) through improper influence.

"Improper influence" means any influence that induces or tends to induce an MDHA employee or officer to give consideration or to act regarding a MDHA contract on any basis other than the merits of the matter.

B.2 The Bidder represents and certifies as part of its Bid that, except for full-time bona fide employees working solely for the Bidder, the

Bidder:

(a) has not employed or retained any person or company to solicit or obtain this contract; and

(b) has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.

B.3 Ether B.2(a) of B.2(b) above is untrue, the Bidder shall make an immediate and full written disclosure to the MDHA Contracting

Officer.

B.4 Any misrepresentation by the Bidder shall give the MDHA the right to

(a) terminate the contract;

(b) at its discretion, deduct from contract payments the amount of any commission, percentage, brokerage, or other contingent fee;

or

(c) take other remedy pursuant to the contract.

C. Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

C.1 The definitions and prohibitions contained in Section 1352 of title 31, United States Code, are hereby incorporated by reference in paragraph C.2 of this certification.

C.2 The Bidder, by signing its Bid, hereby certifies to the best of its knowledge and belief as of December 23, 1989 that:

(a) No 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 on his or her behalf in connection with the awarding of a contract resulting from this solicitation;

(b) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) 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 on his or her behalf in connection with this solicitation, the Bidder shall complete and submit, with its Bid, OMB standard form LLL, "Disclosure of Lobbying Activities;" and

(c) The Bidder will include the language of this certification in all subcontracts at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly.

CI.3 Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title

31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than

$100,000, for each such failure.

C.4 Indian tribes (except those chartered by States) and Indian organizations as defined in section 4 of the Indian Self-Determination and

Education Assistance Act (25 U.S.C. 450B) are exempt from the requirements of this provision.

D. Organizational Conflicts of Interest Certification

D.1 The Bidder certifies that to the best of its knowledge and belief and except as otherwise disclosed, it does not have any organizational conflict of interest which is defined as a situation in which the nature of work to be performed under this proposed contract and the

Bidder's organizational, financial, contractual, or other interests may, without some restriction on future activities:

(a) Result in an unfair competitive advantage to the bidder; or,

(b) Impair the bidder's objectivity in performing the contract work.

D.2 In the absence of any actual or apparent conflict, Bidder hereby certifies that to the best of its knowledge and belief, no actual or apparent conflict of interest exists with regard to its possible performance of this procurement.

E. Bidder's Certification of Eligibility

E.1 By the submission of this Bid, the Bidder certifies that to the best of its knowledge and belief, neither it, nor any person or firm which has an interest in the Bidder's firm, nor any of the Bidder's subcontractors, is ineligible to:

(a) Be awarded contracts by any agency of the United States Government, HUD, or the State in which this contract is to be performed; or,

(b) Participate in HUD programs pursuant to 24 CFR Part 24.

E.2 The certification in paragraph E.1 above is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Bidder knowingly rendered an erroneous certification, the contract may be terminated for default, and the

Bidder may be debarred or suspended from participation in HUD programs and other Federal contract programs.

F. Certification of Eligibility Under the Davis-Bacon Act

F.1 By the submission of this Bid, the Bidder certifies that neither it nor any person or firm who has an interest in the Bidder's firm is a person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or

29 CFR 5.12(a)(1).

F.2 No part of the contract resulting from this solicitation shall be subcontracted to any person or firm ineligible to be awarded contracts by the United States Government by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

F.3 The penalty for making false statements is prescribed in the U. S. Criminal Code, 18 U.S.C. 1001.

G. Fair Employment Practice Statement Affidavit

G.1 The signatory below, as principal, or agent of principal, deposes and states that the Bidder, by its employment policy, standards, and practices, does not subscribe to any personnel policy which permits discrimination or harassment against any qualified employee or job applicant in regard to hiring, promotion, demotion, employment, dismissal, or other terms and conditions of employment due to an employee’s or applicant’s protected class in violation of applicable federal law or the laws of the State of Tennessee.

G.2 The Bidder further agrees that it is in compliance with the Equal Employment Opportunity Clauses in the General Conditions of the

Contract.

G.3 By the submission of this Bid, the Bidder certifies that it does not and will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Bidder agrees that a breach of this certification is a violation of the

Equal Employment Opportunity clause in the contract. The Bidder further agrees that it will obtain identical certifications from the proposed subcontractors.

"Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom, or otherwise.

H. Clean Air and Water Certification

H.1 The Bidder certifies that:

(a) Any facility to be used in the performance of this contract is not listed on the Environmental Protection Agency List of Violating

Facilities.

(b) The Bidder will immediately notify the MDHA Contracting Officer, before award, of the receipt of any communication from the

Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the Bidder proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities;

(c) The Bidder will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract.

I. Drug Free Workplace Affidavit

I.1 The signatory below, as principal, or agent of principal, deposes and states that the Bidder certifies that it has in effect, at the time of submission of its Bid to perform the scope of work as solicited by MDHA, a drug-free workplace program that complies with Tennessee Code Annotate § 50-9-113.

J. Iran Divestment Act J.1 In accordance with the Iran Divestment Act, Tennessee Code Annotated § 12-12-101 et seq., CONTRACTOR certifies, by submission of this bid, and each person signing on behalf of CONTRACTOR certifies, and in the case of a joint bid each party hereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, neither CONTRACTOR (including, if applicable any joint bidder), nor any of its subcontractors are on the list created pursuant to Tennessee Code Annotated § 12-12-106. Misrepresentation may result in civil and criminal sanctions, including contract termination, debarment, or suspension from being a contractor or subcontractor under MDHA contracts.

K. Prohibition of Boycott of Israel K.1 The Contractor certifies that it is not currently engaged in, and will not for the duration of the contract engage in, a boycott of Israel as defined by Tenn. Code Ann. § 12-4-119. This provision shall not apply to contracts with a total value of less than two hundred fifty thousand dollars ($250,000) or to contractors with less than ten (10) employees.

L. Non-Discrimination Requirement (Title VI) L.1 No person shall be excluded from participation in, denied, be discriminated against in the admission or access to, or be discriminated against in treatment or employment in MDHA’s contracted programs or activities, on the grounds of race, creed, color, national origin, age, sex, disability, or any other classification protected by federal or Tennessee State Constitutional or statutory law; nor shall they be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of contracts with MDHA or in the employment practices of MDHA’s Contractors. Contractor certifies and warrants that it will comply with this nondiscrimination requirement. Accordingly, all offerors entering into contracts with MDHA shall, upon request, be required to show proof of such nondiscrimination and to post in conspicuous places that are available to all employees and applicants, notices of nondiscrimination.

The Bidder hereby certifies that the information contained in these certifications and representations is accurate, complete, and current.

Signature: Date:

Printed Name: ________________________________ Title: ________________

Phone Number: Email:________________

Business Address: _____________________________________________________________________

Business License, if applicable License No.:

Issuing city/county:

License(s) Required by the Solicitation (make additional copies as necessary) License type:

Issuing agency:

Licensed name:

License No.:

Classification/scope:

Expiration date:

Monetary limit, if applicable:

MDHA reserves the right to request copies of all required licenses for verification.

ATTACHMENT D

PRIME CONTRACTOR/SUBCONTRACTOR/SUPPLIER INFORMATION

List all proposed subcontractors and suppliers to be used. Provide company names; contacts, addresses, phone numbers; trade/service/commodity to be provided (specify if subcontractor or supplier); work to be performed with the contractor’s own workforce, including estimated dollar amount allocated for that work (work that is consistently and historically performed in-house); and total amount to be paid to this sub/supplier (do not discount supply dollars).

Provide all information requested. Use additional sheets if necessary.

1. What is the estimated percentage of work that the Prime Contractor will self-perform?

_________% List these areas below with approximate dollar amounts to be allocated for the work.

2. Is all work (whether to be subcontracted or self-performed) listed below?

No Yes _______No ______ Are all material suppliers listed? Yes If no, please explain.

COMPANY NAME, CONTACT

WORK TO BE PERFORMED

(TRADE) OR COMMODITY

ADDRESS, PHONE NUMBER TO BE SUPPLIED DOLLAR AMOUNT

1 Sub/Supplier/In-house (Circle One)

2 Sub/Supplier/In-house (Circle One)

3 Sub/Supplier/In-house (Circle One)

4 Sub/Supplier/In-house (Circle One)

Signature of Bidder Title

Exhibit 1

CONTRACT NO. ______________

Metropolitan Development and Housing Agency

712 SOUTH SIXTH STREET * NASHVILLE, TENNESSEE * TELEPHONE (615) 252-8421

MAILING ADDRESS: P.O. BOX 846 NASHVILLE, TENNESSEE 37202

TELEPHONE DEVICE FOR THE DEAF (615) 252-8599

THIS CONTRACT made this ______________ (“Effective Date”) by and between

_________ “a corporation”, “a partnership” or “an individual” doing business under the laws of the State of Tennessee, hereinafter called the “Contractor”, and the

METROPOLITAN DEVELOPMENT AND HOUSING AGENCY, Nashville, Tennessee, a public body and a body corporate and politic, created under the provisions of the Housing Authorities Law, of the State of Tennessee, hereinafter called the

“Metropolitan Development and Housing Agency”, or “MDHA”.

WITNESSETH, that the Contractor and MDHA for the consideration stated herein mutually agree as follows:

ARTICLE 1. STATEMENT OF WORK: In response to the Invitation for Bid or

Request for Proposal for _________________________ the Contractor shall furnish all supervision, labor, materials, equipment and services, including all related accessories, specialties, freight, taxes, and fees, for the completion of Work outlined in the Contract

Documents listed in Article 15, which said Contract Documents are incorporated herein by reference and made a part thereof.

ARTICLE 2. THE CONTRACT PRICE: The Metropolitan Development and Housing Agency shall pay the Contractor for the performance of the Contract, in current funds, subject to additions and deductions, or other modifications as set forth in the General Conditions, the sum of ________________________________.

ARTICLE 3. ESCALATION/DE-ESCALATION: This Contract is eligible for annual escalation/de-escalation adjustments. The maximum escalation/de-escalation adjustments request cannot exceed 5% annually on pricing in Article 2 or in reference Exhibit. The request for adjustment must be in accordance with Consumer Price Index (http:www.bls.gov.cpi/) submitted by Contractor to the Purchasing Agent/Contracting Officer no less than thirty (30) days prior to the annual anniversary of the filing of this Contract with MDHA. Any such adjustment, if approved by the Purchasing Agent/Contracting Officer, shall become effective on the anniversary of the filing of this Contract with MDHA.

ARTICLE 4. PAYMENTS: Contractor shall submit invoices for payment in a format acceptable to MDHA and shall submit invoices no more frequently than monthly for satisfactory and accurately performed services. Contractor shall be paid as work is completed and invoices are approved by MDHA. Invoices shall detail this Contract accompanied by any necessary supporting documentation as required by MDHA.

Contractor shall submit all invoices no later than (90) days after the services have been delivered/performed.

A correctly submitted invoice shall include the following:

a. Invoice number and date of invoice;

b. Project or property name;

c. MDHA point of contact (POC). The POC is defined as the MDHA project manager responsible for the project, or the property manager or maintenance supervisor responsible for the property;

d. Reference the MDHA contract or purchase order number as applicable (only one

(1) purchase order number per invoice);

e. Neither price nor quantity may exceed that present on the contract or purchase order as applicable;

f. Item description, quantity received, price, and extended price (again matching the

PO as applicable).

Incorrect invoices will be rejected and returned to Contractor for correction. A corrected invoice will be required for payment.

All payments shall be effectuated by Automated Clearing House (ACH).

Invoices shall be submitted to accountspayable@nashville-mdha.org.

Payment of an invoice by MDHA shall not waive MDHA’s rights of revocation of acceptance due to nonconformity or the difficulty of discovery of the non-conformance.

Such revocation of acceptance shall occur within a reasonable time after MDHA discovers or should have discovered the non-conforming product and/or service but prior to any substantial change in condition of the products and/or services caused by MDHA.

ARTICLE 5. THE CONTRACT TIME: The Contractor shall complete the Work within ___________________________ days from the date Notice to Proceed is issued.

The Contractor shall complete the Work within ___________________________ days from the Effective Date of this Contract stated above.

The Contractor shall complete the Work by ___________________________.

The services of Contractor are to commence on ___________, and are to continue until

_______________; at the option of MDHA, this Agreement may be extended by up to four (4) additional periods of twelve (12) month each.

ARTICLE 6. INSURANCE: During the term of this Contract, for any and all awards, Contractor shall, at its sole expense, obtain and maintain in full force and effect for the duration of this Contract, including any extension(s), the types and amounts of insurance identified below. Proof of insurance shall be required naming the Metropolitan Development and Housing Agency, 701 South Sixth Street, Nashville, TN 37206 as additional insured on the general liability policy identifying either project name, RFQ, RFP, IFB or Purchase Order on the ACORD document.

mailto:accountspayable@nashville-mdha.org

a. General Liability Insurance- Bodily injury and property damage combined single limit in the minimum amount of one million ($1,000,000.00) dollars for each occurrence, two million ($2,000,000.00) dollars aggregate.

b. Automobile Liability Insurance- Bodily injury and property damage combined single limit in the minimum amount of one million ($1,000,000.00) dollars for each accident, two million ($2,000,000.00) dollars aggregate.

c. Worker’s Compensation Insurance- Contractor shall maintain workers’ compensation insurance with statutory limits required by the State of Tennessee or other applicable laws and Employer’s Liability Insurance with limits of no less than one hundred thousand ($100,000.00) dollars, as required by the laws of Tennessee (Not required for companies with fewer than five (5) employees).

d. Professional Liability Insurance- covering negligent acts, errors and omissions in the performance of professional services, with policy limits of not less than one million ($1,000,000.00) dollars per claim and two million ($2,000,000.00) dollars aggregate.

ARTICLE 7. COMPLIANCE WITH LAWS: CONTRACTOR agrees to comply with all applicable federal, state and local laws and regulations.

ARTICLE 8. GOVERNING LAW: The validity, construction, and effect of this Contract and any and all extensions and/or modifications thereof shall be governed by the laws of the State of Tennessee. Tennessee law shall govern regardless of any language in any attachment or other document that Contractor may provide.

ARTICLE 9. JURISDICTION AND VENUE: In the event of a Contract dispute or litigation arising out of said Contract, it is understood and agreed that this Contract was executed and performed in Davidson County, Tennessee, and, as such, it is agreed by both parties that venue for said litigation, including an action of Declaratory Judgement, will be in Davidson County, Tennessee.

ARTICLE 10. ATTORNEY'S FEES: In the event of litigation rising out of said Contract, it is agreed that if Contractor is held liable for damages, or is found to have breached the Contract, Contractor will pay the MDHA's reasonable attorney's fees and expenses involved in the litigation.

ARTICLE 11. INDEMNIFICATION: Contractor shall indemnify and hold harmless MDHA, its officers, agents, and employees from:

a. Any claims, damages, costs, and attorney fees for injuries or damages arising, in part or in whole, from the negligent or intentional acts or omissions of Contractor, its officers, employees, and/or agents, including its sub or independent contractors, in connection with the performance of the contract.

b. Any claims, damages, penalties, costs, and attorney fees arising from any failure of Contractor, its officers, employees, and/or agents, including its sub or independent contractors, to observe applicable laws, including, but not limited to, labor laws and minimum wage laws.

c. In any and all claims against MDHA, its officers, agents, or employees, by any employee of Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for Contractor or any subcontractor under workers’ compensation acts, disability acts, or other employee benefits acts.

d. MDHA will not indemnify, defend, or hold harmless in any fashion Contractor from any claims arising from any failure, regardless of any language in any attachment or other document that Contractor may provide.

e. Contractor shall pay MDHA any expenses incurred as a result of Contractor’s failure to fulfill any obligation in a professional and timely manner under this Contract.

ARTICLE 12. LIMITATION OF LIABILITY: In no event shall a party be liable to the other for any indirect, consequential, incidental, exemplary, special or punitive damages (including without limitation lost profits and lost business), arising out of or related to this Contract, even if it has been advised or is aware of the possibility of such damages, and regardless of whether arising in tort (including negligence), contract, or other legal theory. In any event, the liability of one party to the other for any reason and upon any cause of action shall be limited to ten million dollars ($10,000,000.00).

This limitation applies to all causes of action in the aggregate. Notwithstanding anything to the contrary contained herein, the exclusions and limitations of liability contained in this section shall not apply to 1) any damages awarded in conjunction with a final judicial determination of fraud or gross negligence; or 2) personal injury, including death, or damage to tangible personal property caused by the negligent, willful or intentional acts of a party or its employees, agents or subcontractors. References to a party in this section include such party’s directors, officers, employees, members, agents, and domestic and international affiliated entities.

ARTICLE 13. POINT OF CONTACT: Communication related to the Scope of

Work shall be by and between the following:

a. MDHA shall be sent to:

Attention:

Address:

Phone:

Email:

b. Contractor shall be sent to:

Attention:

Address:

Phone:

Email:

ARTICLE 14. NOTICES: Notice shall be provided in writing to the designated representative of the party to whom the notice is addressed and shall be deemed to have been duly served if delivered in person, by mail, by courier, or by electronic transmission if a method for electronic transmission is set forth in the Contract.

a. Notices to MDHA shall be sent to:

Attention: Contracting Officer Address: 712 S Sixth Street Nashville, TN 37206 Phone: (615) 252-8497

E-Mail Address: purchasing@nashville-mdha.org

b. Notices to Contractor shall be sent to:

Contractor: TBD Attention: TBD Address: TBD Phone: TBD E-Mail Address: TBD

ARTICLE 15. CONTRACT DOCUMENTS: The Agreement shall consist of the following component parts, in descending precedential order:

a. This Contract

b. General Conditions

c. Exhibits and Attachments (list each one with specifics)

d. Addendums to the Request for Proposals or IFB

e. Request for Proposal or IFB

f. Contractors Proposal to Request for Proposal or IFB g.

This Instrument, together with the other documents enumerated in this Article, which said other documents are as fully a part of the…