2014_0409 LA8302 futurePRACTICE_NRF RFQ

Table of Contents 1.0

Introduction and Background

3

2.0

New Riverfront Park: Fieldwork, Schematic Design and Permitting

4

3.0

Adventure Play Park: Final Design and Construction

9

4.0

Implementation

11

5.0

Acceptance of Work

11

6.0

Proposal Format and Evaluation Factors

12

7.0

Cost Incurred In Responding

14

8.0

Inquiries

14

9.0

Submission Deadline

14

10.0

Rejection

14

11.0

Contract Compliance Statement

14

12.0

Terms & Conditions

15

13.0

Miscellaneous Provisions

17

14.0

Accounting Records

18

15.0

Insurance

18

16.0

Licensing & Business Requirements

18

17.0

Equal Employment Opportunity

19

18.0

Minority, Women and Small Business Requirements

19

19.0

Title VI

19

Exhibits

Attachments A. B. C. D. E. F. G.

A. B.

New Riverfront Park Concept Plan Adventure Play Park Schematic Plan

Company Information Client Reference Fair Employment Practice Statement Form of Non-Collusive Affidavit Certification for Contracts, Grants, Loan and Cooperative Agreement Certifications DBE Program

2

1.0

Introduction and Background In 2006-2007 the Metropolitan Board of Parks and Recreation and the U.S. Army Corps of Engineers worked with the citizens of Nashville through 16 months of extensive public forums and design workshops to create the Nashville Riverfront Concept Plan, a 20 year vision for the dramatic transformation of the downtown riverfront and the east banks of the Cumberland River. The major goals of that plan are to improve recreation, the environment and spur redevelopment of the riverfront in a coordinated, financially, ecologically and socially responsible manner.

The initial phases of the Nashville Riverfront Concept Plan to be implemented will be the New Riverfront Park Plan (see Exhibit A). The New Riverfront Park Plan proposes additional public open space and recreational amenities along the downtown corridor of the Cumberland River, emphasizing the importance of the river as an environmental, recreational and economic development asset.

The Metropolitan Development and Housing Agency (MDHA) is now soliciting qualification-based proposals from qualified firm(s) to advance the New Riverfront Park plan as follows: A.

Fieldwork, Schematic Design, and Environmental Permitting of 17 open space and recreation projects within the New Riverfront Park Plan as described in Section 2.0 below. The goal is to advance those conceptual projects through schematic design as a unified package and successfully complete required Federal 404 permitting with the U.S. Army Corps of Engineers.

B.

Design development, construction documents, assistance with bidding and construction observation services for the Adventure Play Park as described in Section 3.0 below. Schematic plans are complete for this project (see Exhibit B).

Respondents should familiarize themselves with the Nashville Riverfront Concept Plan (as this plan will be used as the basis the New Riverfront Park schematic design and permitting) and with the existing schematic plans for the Adventure Play Park. It is not the purpose of this RFQ to revisit existing plans, but to build on those plans and move the projects forward. All existing plans and documents related to the Nashville Riverfront Concept Plan, the New Riverfront Park Plan and the Adventure Play Park schematic plans can be viewed and downloaded from http://www.nashville.gov/parks/riverfront/).

The following sections describe the projects and associated scope of services in greater detail, identify the required form and content of responses, and outline the evaluation criteria to be employed in selecting the successful consultant. Failure to submit information in accordance with the requirements and procedures listed herein may be cause for disqualification. At risk of elimination from this opportunity, upon issuance of this RFQ, proposers and their team members are prohibited to contact City and MDHA officials, board members and staff with the intent of promoting their team.

The MDHA has established a 20% Diversity Business Enterprise (DBE) goal for this project. Proposers will utilize the forms (DBE Forms 2001, 2002 and 2003) located in 3

Attachment G to show their efforts to contact and commit to DBE firms to reach the 20% goal. Proposers may contact Ron Chenault at rchenaul@nashville-mdha.org to receive an electronic listing of DBE firms who have registered with MDHA. 2.0

NEW RIVERFONT PARK PLAN: FIELDWORK, SCHEMATIC DESIGN AND ENVIRONMENTAL PERMITTING

2.1

Project Description The New Riverfront Park Plan recommends that the east and west banks of the downtown riverfront be transformed into continuous sequences of open public spaces, and that along those riverfronts special active and passive spaces should be established. Some of these improvements will serve to reinforce and enhance existing public areas, such as upgrading facilities at the City Wharf, completing a missing link of the East Bank Greenway, or improving connections between Broadway and the riverfront. Other projects introduce new urban parks or waterfront features, such as pier overlooks and boardwalks along the river’s edge. The New Riverfront Park concept plan is attached as Exhibit A. That plan, and the individual projects comprising it, can be viewed at http://www.nashville.gov/mdha/waterfront_redevelopment.asp.

The New Riverfront Park Plan identifies 19 individual projects along the downtown riverfront corridor. Fieldwork, schematic design and 404 environmental permitting covered by this Request for Qualifications shall be provided for 17 of those projects as identified below: 1.

First and Broadway Overlook. An 80’ high water fountain is proposed at the terminus of Broadway to bring water up to the eye level of pedestrians. The fountain will be lit at night. Two pier overlooks will flank this water feature and align with a newly designed public plaza at the end of Broadway, ideal for gatherings or events. The overlooks will also frame views of the “Ghost Ballet” public artwork situated across the river. The pier overlooks will provide ADA access to the floating walkways below the bluffs. Existing high-voltage overhead electric transmission lines that currently extend along the west bank riverfront will be installed within underground conduit banks.

2.

City Wharf and Terraces. The City Wharf area known today as “Riverfront Park” is one of downtown’s key historical sites and a link to Nashville’s working river past. Access to the river’s edge is currently complicated by the presence of a commuter rail station and the steep banks down to the river. The plan calls for a reworking of the existing riverside terraces to increase visitor capacity, improve accessibility, provide additional lighting and expand utility services (e.g. electric power) for special events. The plans for the site will preserve existing uses such as riverboat docking, water taxi access and large event space bookings; views and access down to the river will be improved. Docking facilities will be rehabilitated and designed to be fully integrated into the future “Walk on Water” boardwalk that will run up and down the river from the docking area.

3.

Pioneer Walk. The urban walkway will complete an important missing link in the west bank greenway network. The walk will stretch along the top of the west bank 4

bluff and connect the Public Square, Fort Nashborough, development along First Avenue and the Broadway terminus. The pioneer walk will provide an opportunity for street fair event space and a connection to the proposed Public Square Landing down to the river’s edge. It will parallel the floating walkway, and together with the proposed piers, increase circulation up and down the downtown waterfront.

Interpretative signage for the historic Trail of Tears will be considered at this location.

4.

Church Street Pier. Nashville’s steep topography on the west bank poses challenges of how to deal with issues such as river visibility and water access. The proposed pier overlooks will respond to this issue, as they stretch out over the bluffs toward the river, extending the geometry of the street grid out into the water. They visually draw views out toward the river, as well as to river activities below, such as fishing, boating, walking and docking. The piers also serve as accents to key points along the western riverbank emphasizing Church Street, Fort Nashborough, the downtown greenway connection, Riverfront Park and Demonbreun Street connections. The pier overlooks will provide additional plaza and event spaces for gatherings that could include food kiosks, mobile seating arrangements and music performances and will add a dynamic presence to downtown during both day and night. In addition, the Piers are designed to provide direct access down to the proposed new west bank boardwalk. The Church Street pier will be located at the terminus of Church Street on the west bank of the river.

5.

Public Square Landing. Public Square at the Metro Courthouse will be reconnected back to the water’s edge through a series of ramps, terraces and steps at Public Square Landing. The landing will create additional event space and accommodation for docking barge stages.

6.

Woodland Street Bridge Walk. The Woodland Street Bridge is an important connection between greenways along the Cumberland River’s eastern and western banks. The bridge will be made more pedestrian friendly by widening the sidewalk and introducing designated bicycle lanes. At night, the bridge will be illuminated with catenary lighting. This overhead canopy of lights will create a more intimate and festive atmosphere enhancing the pedestrian experience and providing additional safety lighting. The new lighting package will also compliment the dramatic lighting effects of the other downtown bridges. Improving connections with ramps down to the water’s edge on the east bank will increase activity and access to that side of the river.

7.

Walk on Water. The Walk on Water project is a 20’ wide linear floating walkway or boardwalk, potentially built with recycled barges, for people to walk directly on the river. The boardwalk will be lit at night and become a floating ribbon of light along the base of Nashville’s river bluffs. The water buffer between the walkway and the bank could be planted with wetland plants, providing additional habitat for fish, and helping offset processes of erosion and sedimentation. The boardwalk also will serve as new recreational boat docking making downtown a destination for people and watercraft. This floating walkway will extend south from the First and Broadway Pier to the Demonbreun Street Pier Overlook and north from the City 5

Wharf to the Public Square landing. Its entire length will be used for walking, biking, fishing and docking.

8.

Esplanade Wetland. The riverfront adjacent to L.P. Field will be resculpted to provide open views of the water’s edge and downtown. The Esplanade will weave together a series of walks connecting to other riverfront destinations. The plan envisions a perched wetland between the solid esplanade walk and the winding boardwalk which will treat stormwater runoff from the parking lots and introduce new wildlife habitat. At night, lighting features will line the esplanade walk, making it feel safe for nighttime activities. The public esplanade at the top of the east bank will link into the existing greenway system and provides a space for people to walk, run or bike along the water’s edge. Ecological interpretative signage will be considered at this site.

9.

Cove. A historic industrial crane remnant will be preserved and a cove carved out from the bank for kayakers to explore. Pedestrian access from the top of the bank to a viewing platform at the river cove should be explored.

10.

River Overlook and Pavilion. Located on the east bank just south of L.P. Field will be a plaza with a signature pavilion. The dynamically designed pavilion will provide a gathering space for small programs, public uses, special events, reservations and will allow for tremendous views towards downtown. The Overlook and Pavilion will be designed to be integrated with the River Lawn feature in order to create a seamless connection to the NABRICO Building and the Adventure Play Park to the south.

11.

River Lawn. Located on the east bank of the river immediately north of the “Ghost Ballet” public art installation, the River Lawn project will function in conjunction with Riverfront Park and the City Wharf to provide river-stage docking for major performance events such as the CMA Music Festival and other special events downtown. The one-acre sloping grass lawn will provide an attractive riverbank location for general relaxation and picnics with spectacular views of downtown.

The design is intended to allow a barge event stage to dock at the foot of the lawn space and will require a ramping system allowing services for events to access the staging area.

12.

NABRICO Gardens. The surrounding site around the old Nashville Bridge Company building (NABRICO) will be landscaped and is envisioned as an area incorporating interpretive gardens, rain gardens and potential art spaces. The site will include walkways connecting to the Adventure Play Park and River Lawn and East Bank greenway. The historic bridge company building itself will be renovated (under a separate design contract) and all landscaping plans surrounding the building will need to be closely coordinated with the building design consultant.

13.

Adventure Play Park. (Schematic design is complete; see Section 3.0 of this RFQ for Scope of Work.)

14.

Docks. Existing floating docks along the west bank will be relocated to the eastern bank between the Shelby Street Bridge and the Korean Veterans Bridge to reduce 6

conflict with commercial barge traffic. The east bank location will be highly visible from both sides of the river and easily accessible for recreational boaters. This will increase activities along the east side of the river and improve ADA access. Utility hook ups and additional lighting will be provided. The water surface between the docks and the edge of the bank could contain floating wetlands to improve water quality and provide additional habitat for fish and other aquatic species.

15. Urban Forest. The goal of the Urban Forest is to increase the density of the existing tree grid around L.P. Field and replace impermeable asphalt with permeable grass parking and paving. The Urban Forest is intended to enhance the game day experience while allowing rain water and surface toxins to be cleaned naturally. Over 2,000 parking spaces could be retrofitted in this manner and approximately 600 new shade trees could be planted on the site.

16.

Korean War Veterans Bridge (KVB) Walk. Both pedestrian and cyclist experiences will be enhanced on the bridge along with improved connections from the bridge down to the east riverbank. Improvements could include dedicated bike and mass transit lanes, pedestrian scale lighting and more convenient linkages to greenway systems along both margins of the river.

17.

Demonbreun Street Pier. This pier overlook will be located at the river terminus of Demonbreun Street. The pier will provide a connection to the proposed greenway below (under design) and could provide additional plaza and event spaces for gatherings that include food kiosks, mobile seating arrangements and music performances. In addition, the pier should be designed to provide walkway access down to the boardwalks along the riverbanks.

18. Cayce Landing. The Cayce neighborhood on the east side of the river currently has limited access to the water’s edge due to existing development patterns. The plan visualizes the Cayce Landing as a way to reconnect the neighborhood to the riverfront. Cayce Landing will be located under the I-24 overpass. The project is programmed for a river ramp, a kayak launch, sports fields, night lighting, a parking plaza, picnic facilities and a future greenway connection to Shelby Park and downtown.

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2.2

Greenway Connection. (Currently under design; not included in this Scope of Services).

Scope of Services The New Riverfront Park Plan is now advancing to schematic design and environmental permitting. The required Scope of Services includes: A.

Fieldwork. The conceptual New Riverfront Park Plan relied on a variety of preexisting reports and GIS information. Schematic design and environmental permitting needs to be informed by detailed site investigations including: • Topographic/Hydrographic survey • Boundary/Utility survey • Geotechnical reports 7

• Ecological analyses • Archeological analyses

B.

Schematic Design. The goal is to complete schematic design for all remaining projects identified by the New Riverfront Park Plan and to advance those projects as a package through Federal and State environmental permitting. Final design and construction of those projects will be staged over time as funding sources become available. Schematic Design plans should incorporate cost effective approaches, balancing innovative designs with considerations for ongoing maintenance, durability, environmental sensitivity, safety and accessibility. Sustainable design techniques and technologies should be considered and incorporated as appropriate.

The associated Scope of Services includes, but is not limited, to the following: • Develop, refine and reconcile the approved conceptual plan into a comprehensive series of schematic plans. Provide illustrative plans, views and elevations to adequately describe the character and layout of all components.

The form and content of schematic plans will also need to be suitable to serve as the basis for submittal of a complete application package for both Federal and State permitting purposes.

• Provide an opinion of probable costs at Schematic design level for all projects.

• Attend regular meetings with the client; make presentations at public meetings as needed.

• Consult and coordinate with regulatory agencies such as Metro Water Services, Metro Codes Administration, TDEC, US Army Corps of Engineers and others as necessary.

C.

Environmental Permitting. The goal is to submit the Schematic Design package and documented site investigations for both Federal and State environmental review and permitted approvals. The associated Scope of Services includes: • To prepare all necessary drawings, conduct all fieldwork as required and permit applications and attend all necessary meetings to receive final approval of such applications and permits.

• Consult and coordinate with regulatory agencies such as Metro Water Services, Metro Codes Administration, TDEC, US Army Corps of Engineers and others as necessary The major permits identified at this time include: • Federal – USACE Individual Permit (section 404) • State – TDEC Section 401 Water Quality Permit and a Remedial Action Work Plan & Agreement, if necessary

D.

Implementation Strategy. The goal is to use the Schematic design package as a program management tool to in the phased development of New Riverfront Park.

Careful thought should been given as to the sequencing of individual projects in order to maximize public benefits and ensure that each project appropriately connects and relates to future phases. The associated Scope of Services includes, but is not limited, to the following: • Prepare phasing implementation strategies • Assess needs and set priorities 8

• •

Set expectations and directions for subsequent design and field work phases Identify roles and responsibilities

The consultant shall be experienced in all facets of this type of riverfront development. The consultant(s) should be comprised of landscape architects, urban planners, engineers, architects and appropriate sub-consultants, registered and/or licensed to do work in the State of Tennessee. The consultant may either provide the above disciplines in his/her firm, or through joint ventures or agreements with other firms. It shall be incumbent upon the consultant to insure that all services are performed using prudent architectural and engineering practices in accordance with the latest codes and regulations and any other applicable design standards.

3.0

ADVENTURE PLAY PARK: FINAL DESIGN AND CONSTRUCTION

3.1

Project Description The Adventure Play Park will be the first project constructed from the New Riverfront Park Plan. The park will be located on the east bank of the river on a highly visible 7.5 acre site framed by the Shelby Street Pedestrian Bridge and the Korean War Veterans Memorial Bridge (formerly known as Gateway Bridge). This will be a family-oriented multi-use play park easily accessible across the river from downtown. It is envisioned as a high use activity site that incorporates creative and interactive landscapes to engage children and adults in free and creative play. The park will be layered into an integrated series of family-oriented play zones containing a wide range of both active and passive recreational features such as spray-grounds and water jets, wading pools, slides, swinging bridges, climbing walls, tire swings, picnic and sitting areas, a lawn amphitheater, natural wetlands, a river walk and landscaped gardens. Portions of the site constitute a riverfront Brownfield site and a TDEC remedial work or construction site plan may be required.

Schematic designs have been completed (see Exhibit B) and are available for viewing at http://www.nashville.gov/parks/riverfront/ (click on “Proposed Design for Nashville Riverfront Adventure Park”). The goal is to advance this project through final design documents, bidding and construction. Site investigation and up to date survey work will need to be conducted as part of this next phase of design.

Development of Adventure Play Park will displace some existing parking spaces currently dedicated to game-day and other special event functions held at L.P. Field.

Included within the scope of work will be identification of replacement parking opportunities in nearby areas of the L.P. Stadium site, preparation of associated construction documents and assistance with bidding and construction processes.

The Urban Forest Pilot Program reflected in the existing Schematic Design of the Adventure Play Park has not been funded at this time. Urban Forest methodologies will be employed selectively within new (replacement) parking areas.

3.2

Scope of Services

9

The consultant(s) will take the completed schematic design of the Adventure Play Park through the remaining phases of fieldwork, design development, construction documents, permit approvals, bid documents, construction observation and any other services that MDHA believes necessary for successful completion of the project. Specific services will include, but may not be limited to: A.

Coordination meetings with MDHA and Metro Parks staff, US Army Corps of Engineers, TDEC, EPA, Metro Water Services, Metro Codes, and Metro Health on a regular basis throughout the project.

B.

Field surveys and site investigations.

C.

Prepare design-development drawings and obtain preliminary approvals from all pertinent agencies.

D.

Prepare construction documents, specifications and bid packages. Graphic documents shall be created in, or converted to, AutoCad.dwg digital format useable by client staff. The architect/engineer consultant shall provide printed copies of the documents sufficient in number to cover distribution for bidding (10 sets) and for construction use

E.

Provide detailed opinions of cost at design development and construction document stages.

F.

Coordinate the assembly of bid documents and assist MDHA staff with bid processes.

G.

Modify plans and assist with re-bidding if bids exceed the available funds.

H.

Identify all permits required to construct the project. Obtain approvals from all regulatory agencies. Prepare all necessary drawings and attend all necessary meetings to receive final approval of such applications and permits.

I.

Provide customary services including review of shop drawings and provision of construction observation to insure compliance with plans.

J.

Provide periodic inspections and monthly progress meetings with the contractor and client during construction including the approvals of pay requests and resolution of conflicts or changes required during construction. The Consultant(s) must coordinate all reviews necessary for issuance of Notice of Substantial Completion.

K.

Prepare a maintenance plan and budget

L.

Confirm and collect warranty information for all applicable items in the contract and coordinate the assembly of at least three copies of close-out documents for this project. These must be presented in three-ring binders.

M.

Coordinate the close-out process for this project; prepare and provide as-built documents in AutoCad.dwg format.

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N.

Provide review and resolution of any deficiencies in the project discovered during the Contractor’s warranty period of one year from date of substantial completion.

The consultant shall be experienced in all facets of this type of park development. The consultant(s) should be comprised of landscape architects, engineers, architects and appropriate sub-consultants, registered and/or licensed to do work in the State of Tennessee. The consultant may either provide the above disciplines in his/her firm, or through joint ventures or agreements with other firms. It shall be incumbent upon the consultant to insure that all services are performed using prudent architectural and engineering practices in accordance with the latest codes and regulations and any other applicable design standards.

4.0

Implementation It is imperative for MDHA that the services begin expeditiously upon execution of the contract and that the Consultant(s) prepare implementation schedules to meet the time constraints mandated by MDHA.

5.0

Acceptance of Work A.

MDHA will hold conferences to outline the work required and the management staff that will be involved in the decision process.

B.

The Consultant firm(s) shall employ the proposed staff to provide the services required in the professional quality and timeliness agreed upon.

C.

All documents prepared by the Consultant firm(s) that form a part of his/her services shall, upon completion, become the property of MDHA. The Consultant firm(s) shall be responsible for the protection and/or replacement of any contract document in his/her possession. MDHA shall receive all original documents. The Consultant firm(s) shall retain reproducible copies of documents they need after the project is completed.

D.

MDHA will furnish (to the extent feasible) existing information, surveys, data, reports and maps identified by the Consultant firm(s), which may be needed to carry out the work. MDHA shall cooperate with the Consultant firm(s) in every way possible, providing its needs are made known.

E.

MDHA will not provide clerical assistance to the Consultant firm(s) and MDHA personnel will not be asked to undertake surveys, analyses, tabulations, summaries, etc., for the Consultant firm(s)

F.

MDHA will conduct reviews and provide comments on drawings and specifications at the normal event times, i.e. schematics, design development, fifty percent (50%) construction documents, ninety-five percent (95%) construction documents, one hundred percent (100%) construction documents. Three sets of each shall be provided at normal intervals for review purposes. The Consultant will establish review points.

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6.0

Proposal Format and Evaluation Factors An original and seven (7) copies of the Proposal must be submitted in a sealed envelope to: Harold Haynes, Director of Construction Metropolitan Development and Housing Agency 712 South Sixth Street Nashville, Tennessee 37206 The original submittal must be marked on the outside of the proposal as “Original.”

The submittal shall be arranged in the following format and sequence and will be evaluated using the factors and assigned values listed below. Proposals may be ranked without interviews; hence, applicants are encouraged to submit their proposals as comprehensively as possible. A selection committee will rank and award the project based on the criteria in this document. After reviewing the submittals, qualified firms may be invited to an interview with the selection committee. The interviews will be based on the qualifications and experience of the submitting firms. Following the interviews, the committee may narrow the field of firms and conduct additional interviews, make site visits, or ask for additional information.

Submitted materials are to be on paper no larger than 8-1/2” x 11”.

A.

Letter of Interest. Include the organization’s name, address, phone number, and the name and position of the proposer’s authorized negotiator. The letter of interest must include a statement that the consultant agrees to and accepts the terms and conditions of this Request for Qualifications. The letter shall serve as a Certificate of Authority and must be signed by the Chief Officer or managing partner of the respondent. Include Attachment A with additional information regarding the firm’s background.

B.

Executive Summary. Provide an overview of the proposed project team and why that team is deemed qualified to successfully accomplish the stated scope of work.

Provide highlights of the submittal materials and reasons your team should be selected (no more than 2 pages).

C.

Team Organization and Capacity to Complete Work on Time and Within Budget (20%). Provide a detailed organizational chart of the project team identifying key team members and associated roles and responsibilities. Indicate the availability of key team members to complete the scope of work in a timely manner.

Provide a list of recently completed projects of similar nature and scope, and indicate how they were completed in relation to the time frame and budget in the contract. Provide an explanation for any projects that exceeded their time frame and/or budget.

D.

Specialized Expertise of Team Members (20%). Identify key professionals on the project team, their project role, relevant qualifications and experience with 12

similar projects. Provide resumes for a minimum of one (preferably two) licenses/registered professionals for each major discipline, including subconsultants. Include your plan to reach the 20% goal for Diversity Business Enterprise (DBE) firms, Minority Business Enterprise (MBE), Woman Owned Business Enterprise (WBE) and Small Business Enterprise (SBE) participation in the project utilizing the forms provided in Attachment G. Indicate the efforts made to notify firms of sub-consultant opportunities by completing Form 2001. If a firm desires to joint venture with a DBE firm, the proposer will submit Form 2002.

Proposers are to complete and submit Form 2003 indicating their commitment to DBE sub-consultant firms if awarded the contract. Forms 2001, 2002 and 2003 are required to be submitted with the proposal package.

E.

Project Experience (30%). Provide relevant project experience for each firm on the project team. Provide specific information on recent projects of a similar type and scale. If sub-consultants or a joint venture is proposed, indicate past working relationships (especially on similar projects). Document the team’s ability to accomplish reviews and permitting of waterfront-related projects with Federal, State and local authorities. Demonstrate the team’s ability to deliver high quality design products by providing visual examples of relevant projects similar in scope, or examples of comparable features or design standards produced as part of similar plans.

F.

Project Approach (30%). Provide project approaches of sufficient detail to effectively explain how the project team will successfully accomplish the scopes of work described in Sections 2.2 and 3.2. Include detailed project schedules with production timeframes and key action benchmarks clearly identified. Identify quality control measures to be employed by the team.

G.

References. The quality of work performed on similar projects will be carefully considered. Use Attachment B to provide three (3) references associated with recent work of a similar type and scale.

H.

All Attachments. (only required from the prime consultant)

6.3

Any proposal may be withdrawn prior to award of the contract.

6.4

MDHA reserves the right: A.

To waive informalities required herein;

B.

To request additional information;

C.

To supplement, amend or otherwise modify the terms or schedules set forth herein;

D.

To conduct all investigations and background checks necessary for adequate evaluation.

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7.0

Cost Incurred In Responding

7.1

All costs directly or indirectly related to preparation of a response to the Request for Qualifications 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 Offeror(s).

7.2

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

8.0

Inquiries

8.1

Questions will be accepted until Friday, August 21, 2009 at 4:00 P.M. (central time).

All questions must be in writing on proposer’s letterhead, properly signed and submitted

by FAX. Responses to written inquiries will be e-mailed or faxed to registered proposers.

Direct all questions to: Harold Haynes, Director of Construction Metropolitan Development and Housing Agency 712 South Sixth Street Nashville, TN 37206 FAX: 615-252-6733

8.2

Pre-Proposal Conference A Pre-Proposal Conference will be held August 18, 2009 at 9:00 A.M. (central time) in the MDHA Cafeteria, located at 701 South Sixth Street, Nashville, Tennessee 37206.

9.0

Submission Deadline The submission deadline is September 10, 2009 no later than 2:00 P.M. (central time) to the MDHA Construction Development Office, located at 712 South Sixth Street Nashville, Tennessee 37206.

10.0

Rejection

10.1

MDHA reserves the right to reject any and all submittals and/or to waive any informality in the solicitation process or parts thereof and to re-solicit.

10.2

MDHA does not guarantee that a contract will be awarded as a result of this Request for Qualifications.

11.0

Contract Compliance Statement

11.1

The proposer shall state his/her compliance with all applicable rules and regulations of Federal, State and Local governing entities and that they are not excluded from Federal procurement programs. Offeror must state his compliance with terms of this Request for Qualifications (see attachments).

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11.2

The proposer must demonstrate that the proposal meets all applicable rules, regulations, zoning, permitting, registration and licensing requirements, whether Local, State or Federal. It is the responsibility of the potential Consultant firm(s) to determine the applicability of any rule, regulation or other requirement.

12.0

Terms and Conditions The following shall be essential terms and conditions of this agreement: A.

Termination. The MDHA shall have the right to terminate the Agreement at any time.

In the event the Consultant fails to comply with any provision of this Agreement, or if the progress or quality of the work is unsatisfactory, the MDHA may serve written notice upon the Consultant and if the Consultant fails within a period of ten (10) days thereafter to correct failure, MDHA may terminate the Agreement upon written notice to the Consultant. Upon such termination, the Consultant shall immediately cease its performance of the Agreement and shall deliver to MDHA all completed or partially completed work. MDHA shall determine and pay to the Consultant the amount due for such satisfactory work.

MDHA reserves the right to terminate this Agreement for its convenience or in the event it shall abandon or indefinitely postpone the program. Such termination shall be accomplished by written notice delivered to the Consultant. Upon receipt of notice, the Consultant shall immediately cease work and deliver to MDHA all completed or partially completed work. Payment to the Consultant shall be made for work performed prior to receipt of the termination notice, together with the Consultant’s cost for closing down its work, and the Consultant shall have no claim for loss of anticipated profits or any additional compensation.

B.

Breach of Agreement. If the Consultant firm(s) fails to fulfill its obligations under this Agreement in a timely and proper manner or if it shall violate any of the terms of this Agreement, MDHA shall have the right to immediately terminate such contract and withhold payments in excess of fair compensation for work completed.

The term “breach of agreement� specifically includes, but is not limited to, failure to comply with any applicable Federal, State or Local laws or regulations.

Notwithstanding the above, the Consultant firm(s) shall not be relieved of liability to MDHA for damages sustained by virtue of any breach by the Consultant firm(s).

C.

Modification of Agreement. Such Agreement may be modified only by written amendment executed by all parties.

D.

Partnerships/Joint Ventures. Such Agreement shall not in any way be construed or intended to create a partnership or joint venture between the parties or among any of the parties. None of the parties of such Agreement shall hold itself out in a manner contrary to the terms of this. No party shall become liable for any representation, act or omission of any other party contrary to the terms of this.

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E.

Waiver. No waiver of any provision of such Agreement shall affect the right of MDHA thereafter to enforce such provision or to exercise any right or remedy available to it in the event of any other default.

F.

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, 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 of a contract or subcontract or to any solicitation or proposal therefore.

b)

Kickback. 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 a contract to the prime contractor of higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.

G.

Indemnification. The Consultant firm(s) shall agree to indemnify and hold MDHA, its officers, agents and/or employees harmless from and against any and all lawsuits, damages and expenses, including court costs and attorney’s fees, by reason of any claim and/or liability imposed, claimed and/or threatened against the MDHA, its officials, agents and/or employees for damages because of bodily injury, death and/or property damages arising out of or in consequence of the performance of services under this Agreement to the extent that such bodily injuries, death and/or property damages are attributable to the negligence of the Consultant firm(s) and/or the Consultant firm(s) servants, agents and/or employees.

H.

Assignment-Consent Required. The provisions of such Agreement shall inure to the benefit of and shall be binding upon the respective successors and assignees of the parties hereto. Such Agreement nor any of the rights and obligations of the Contractor hereunder shall not be assigned, subcontracted or transferred in whole or in part without the prior written consent of MDHA. Any such assignment transfer or subcontract shall not release the Consultant firm(s) from it obligation hereunder.

Any approved assignee shall assume each and every obligation of the Architectural firm hereunder and MDHA may contract with or reimburse any such assignee without waiving any of its rights against the Consultant firm(s).

I.

Entire Agreement. Such Agreement shall set forth the entire Agreement between the parties with respect to the subject matter hereof, and shall govern the respective duties and obligations of the parties until and unless a more formal Agreement is entered into between the parties.

16

J.

13.0

Force Majeure. No party to such Agreement shall have any liability to the other hereunder by reason of any delay or failure to perform any obligation or covenant if the delay or failure to perform is occasioned by any act of God, force majeure, storm, fire, casualty, civil disturbance, riot, war, national emergency, act of Government, act of public enemy or other cause of similar nature beyond its control.

Miscellaneous Provisions The Consultant firm(s) and MDHA mutually agree as follows: A.

Ownership of Documents. Tracings, plans, specifications and maps prepared or obtained under the terms of this Agreement shall be delivered to and become the property of MDHA. Basic design notes and sketches, charts, computations, all original drawings and other data prepared or obtained under this Agreement shall be made available, upon request, to MDHA without restriction or limitation on their use.

B.

Reuse of Documents. All documents furnished by the Consultant firm(s) pursuant to this Agreement are instruments of his/her services with respect to the Project.

C.

Progress. The Consultant firm(s) shall prepare progress schedules for the work and shall submit monthly progress reports based on such schedules to the MDHA.

D.

Personnel. The Consultant firm(s) represents that he/she has or will secure at his/her own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with MDHA. All services required hereunder will be performed by the Contractor or under his/her supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform services.

E.

Claims and Disputes Pertaining to Salary Rates. Claims and disputes pertaining to salary rates or to classifications of architects, draftsmen, technical engineers and technicians performing work under this Agreement shall be promptly reported in writing by the Consultant firm(s) to MDHA for the latter decision which shall be final.

F.

Interest of Other Local Public Officials. No member of the governing body of the locality in which the area of the Project is situated and no other public official of such locality who exercises any functions or responsibilities in the review or approval of the carrying out of the Project to which this Agreement pertains shall have any personal interest, direct or indirect, in their Agreement.

G.

Consultant firm(s) Endorsement. The Consultant firm(s) endorsement shall be placed on the final report cost estimates; also other data and documents furnished by the Consultant firm(s) to the MDHA. 17

H.

Control. All work by the Consultant firm(s) is to be performed in a manner satisfactory to MDHA and in accordance with established customs practices and procedures and in conformance with MDHA modernization, energy conservation, and cost effectiveness standards. The decision of MDHA is to control in all questions regarding the work covered hereunder. The Consultant firm(s) is to periodically request sufficient conferences to insure that the Consultant firm(s) firm is doing the work in a satisfactory manner and that all locations and work are made in accordance with the wishes of the MDHA.

14.

Accounting Records. Without limiting its liability hereunder, the Consultant firm(s) shall maintain books, records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with accepted professional practice and appropriate accounting procedures and practices. Audits conducted pursuant to this provision shall be in accordance with generally accepted auditing standards and formally established audit regulations, procedures and guidelines of the reviewing or audit agency.

15.0

Insurance

16.0

A.

Worker’s Compensation Insurance. Providing coverage in compliance with the laws of the state in which any part of the work is to be performed, and Employer’s Liability Coverage in the minimum amount of $100,000 for each occurrence.

B.

Comprehensive General Liability Insurance. Bodily injury and property damage combined single limit in the minimum amount of $1,000,000 for each occurrence, $1,000,000 aggregate.

C.

Automobile Liability Insurance. Bodily injury and property damage combined single limit in the minimum amount of $1,000,000 for each occurrence, $1,000,000 aggregate.

D.

Consultant firm(s) Professional Liability Insurance. Single limit in the minimum amount of $1,000,000 each occurrence, $1,000,000 aggregate.

E.

The Comprehensive General Liability Insurance referred to in this Section, paragraph (B) above, shall include broad form Contractual Liability Coverage for the liability assumed by the Architectural firm in SECTION 12.0, TERMS AND CONDITIONS. Paragraph G. (Indemnification).

Licensing and Business Requirements The Offeror is responsible to comply with all licensing requirements and associated business regulations whether Local, State or Federal. It is the responsibility of the potential project manager to determine the applicability of any rule, regulation or other requirement.

18

17.0

Equal Employment Opportunity The Consultant firm(s) shall affirm that it does not subscribe to any personnel policy which permits or allows for discrimination in the employment promotion, demotion, dismissal or laying off of any individual due to his/her race, creed, color, national origin, age or gender or physical handicap, and that it has not been convicted of violating Metropolitan Code of Laws, Section 2-1-112 through 2-1-114, within the immediate preceding six (6) month period.

18.0

Minority, Women and Small Business Enterprise Requirements Consistent with Presidential Executive Orders 11625, 12138, and 12432, the proposer shall make efforts to ensure that minority, women and small business enterprises businesses are utilized when possible. Efforts to achieve minority, women and small business participation shall include, but shall not be limited to:

19.0

A.

Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

B.

Ensuring that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources;

C.

Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises;

D.

Establishing delivery schedules, where the requirements of the contract permit, which encourage participation by small and minority businesses and women’s business enterprises; and

E.

Using the services and assistance of the U.S. Small Business Administration, the Minority Business Development Agency of the U.S. Department of Commerce, and State and local governmental small business agencies.

TITLE VI The Metropolitan Development and Housing Agency prohibits discrimination in all of its programs and activities on the basis of race, color or national origin. The agency will comply with all statutes and regulations of Title VI of the Civil Rights Act of 1964. No person should be excluded from participation in or be denied the benefit of or be subjected to discrimination under any program or service provided by or affiliated with MDHA on the basis of non-merit reasons. To file a complaint of discrimination, write or call Harold Haynes, MDHA Director of Construction, 712 South Sixth Street, Nashville, TN 37206, phone (615) 780-7058.

19

Exhibit A - New Riverfront Park Concept Plan

20

Exhibit B - Adventure Play Park Schematic Plan

21

Attachments

A.

Company Information

B.

Client Reference

C.

Fair Employment Practice Statement

D.

Form of Non-Collusive Affidavit

E.

Certification for Contracts, Grants, Loan and Cooperative Agreement

F.

Certifications

G.

DBE Program

22

ATTACHMENT A

COMPANY INFORMATION

Name of Organization Business Address

Phone Number Name of Principal Owners (leave blank if publicly owned) Number of Years in Business Location of office which would service MDHA

Attach any additional information regarding your firm’s background, which would be useful in assessing your proposal.

23

ATTACHMENT B CLIENT REFERENCES

Provide on a separate sheet of paper labeled Attachment B, Client References, three (3) references. Information should include: Customer Name, Address Nature of Services Provided Contact Person Phone Number Limit references to clients for whom similar services have been provided.

24

ATTACHMENT C FAIR EMPLOYMENT PRACTICE STATEMENT AFFIDAVIT

STATE OF __________________________ COUNTY OF________________________ After being first duly sworn according to law, the undersigned (Affiant) states that he/she is _____________________________________of_________________________ (Contractor) and that by its employment policy, standards and practices the Contractor does not subscribe to any personnel policy which permits or allows for the promotion, demotion, employment, dismissal of, laying off of any individual due to his/her race, creed, color, national origin, age sex, or handicapping condition.

Any further Affiant sayeth not. ______________________________ Signature _____________________________ Type/Print Name Sworn to and subscribed before me on this ______ day of _________________________ ________________________ NOTARY PUBLIC My Commission Expires:___________________________________________________

25

ATTACHMENT D FORM OF NON-COLLUSIVE AFFIDAVIT State of

____________________

County of

____________________

__________________________________________, being first duly sworn, deposes and says that: (1) He/She is __________________________ of __________________________________, the Vendor 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 not collusive or sham; that said vendor has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person to put in a sham bid or to refrain from bidding and has not, in communications or conference, with any person, agreed to fix any overhead, profit or cost element of said bid price, or that of any other bidder, or to secure any advantage against the Metropolitan Development and Housing Agency or any person interested in the proposed contract; and that all statements in said proposal of bid are true; and; (4) Any professional fees arrived at during negotiations must be fair and proper and are not to be tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Professional or any of its agents, representatives, owners, employees or parties in interest, including this affidavit.

(Signed)___________________________________ ____________________________________ Title

Sworn to and subscribed before me on this _____ day of ____________________, 20__ ______________________________ Notary Public My Commission Expires:___________________________________________________

26

ATTACHMENT E

CERTIFICATION FOR CONTRACTS, GRANTS, LOAN AND COOPERATIVE AGREEMENT The undersigned 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 persons, 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 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 it instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, 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 Section 1352, Title 31, U. S. Code. 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.

Executed this __________ day of __________________, 20__ By:______________________________________ (Signature of Authorized Official) _________________________________________ (Signature of Authorized Official) Sworn to and subscribed before me on this _____ day of ____________________, 20__. ______________________________ Notary Public My Commission Expires:___________________________________________________

27

ATTACHMENT F Certifications State of __________________________________ County of ________________________________ __________________________________________, being first duly sworn, certifies that: (1) No member, officer, or employee of the Metropolitan Development and Housing Agency; no member of the governing body of the locality in which the project is situated; and no other public official of such locality or localities who exercise any functions or responsibilities with respect to the project, shall, during his tenure, or for one year thereafter, have any interest, direct or indirect, in this contract or the proceeds thereof.

(2) The submitter principal members do not now have, and have not had, during the previous 12 months, any interest, direct or indirect, in MDHA or any of its members or officials, including a family relationship with any Agency member or official and employment by or service as a member or official of MDHA. (3) The submitter shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, age, handicapping conditions or national origin. The submitter shall take affirmative action to ensure that applicants are employed, and employees are treated during employment, without regard to race, color, religion, sex, age, handicapping conditions or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensations; and selection for training, including apprenticeship.

(4) The submitter shall not assign or transfer any interest in this contract without the written approval of the MDHA Board of Commissioners, which authorization would be communicated only over the signature of the Executive Director. If the contractor is a partnership, this contract shall inure to the benefit of the surviving or remaining membership of such partnership.

(Signed)_____________________________ ______________________________ Title Subscribed and sworn to before me this _____ day of _______________________, 2009. _________________________________ My commission expires ________________, 20_______.

28

1.

ATTACHMENT G MDHA DIVERSITY BUSINESS ENTERPRISE PROGRAM

The Metropolitan Development and Housing Agency (MDHA) has established a Diversity Business Enterprise (DBE) Program to enhance the participation of minority, women and small business enterprise firms in the Agency’s contracting and purchasing activities. The DBE Program is being implemented to increase utilization of minority, women and small businesses and to provide these businesses greater economic opportunity. MDHA's Construction Department is responsible for the Diversity Business Program Administration.

In support of this program, we require architectural/engineering firms, contractors and their subcontractors and other lower-tier subcontractors, vendors and suppliers, who do business with Metropolitan Development and Housing Agency to adopt similar policies. Businesses bidding or proposing on procurements are required to comply with the provisions of the DBE Program.

MDHA prohibits discrimination against any person, business or organization in pursuit of it’s’ procurement opportunities on the basis of race, color, sex, religion, disability or national origin.

MDHA will conduct its contracting and purchasing programs so as to prevent any discrimination and to resolve all allegations of discrimination.

2.

Diversity Business Enterprise Policy

It is the policy of MDHA to assist minority, women and small business enterprise firms in their aspirations of viability and growth, which support a more stable economic community. To this extent, we join with community agencies and organizations that support these businesses to create greater opportunities for these entrepreneurs in the attainment of mutually beneficial social and economic objectives. Minority, women and small business enterprise firms will be given the maximum practicable opportunity, consistent with efficient performance, to compete for and participate in contracts, subcontracts, purchase orders and other procurement activities.

3.

Definitions For Determining Minority, Women And Small-Owned Firms. The guidelines for determining minority, women and small-owned firms are defined as follows: “MINORITY” means a person who is a citizen or lawful permanent resident of the United States and who is: Black (a person having origins in any of the black racial groups of Africa); Hispanic (a person of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish culture or origin, regardless of race); Asian American (a person having origins in any of the original peoples of the Far East. Southeast Asia, the Indian subcontinent, or the Pacific Islands); or American Indian and Alaskan Native (a person having origins in any of the original peoples of North America).

“MINORITY BUSINESS ENTERPRISE” shall mean a minority business:

A continuing, independent, for profit business which performs a commercially useful function, and is at least 51 percent owned and controlled by one or more minority individuals; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned and controlled by one or more minorities. Whose management and daily business operations are controlled by one or more of minority individuals.

“Control” as used in the above clause, means exercising the power to make policy decision. “Operate," as used in the above clause, means being actively involved in the day-to-day management of the business.

“WOMEN BUSINESS ENTERPRISE” shall mean women business: A continuing, independent, for profit business which performs a commercially useful function, and which is at least 51 percent owned and controlled by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned and controlled by one or more women. Whose management and daily business operations are controlled by one or more of such individuals. “Control” as used in the above clause, means exercising the power to make policy decision. “Operate," as used in the above clause, means being actively involved in the day-to-day management of the business.

SMALL BUSINESS ENTERPRISE AS DEFINED IN SECTION 4.44.010 OF THE METROPOLITAN CODE OF LAWS; A Small Business satisfies all of the following criteria: (a)

A United States business which is independently owned and operated, and which is not dominant in its field of operation or an affiliate or subsidiary of a business dominant in it’s field of operation.

(b)

Either has no more than the following number of employees or has no more than the following annual sales volume for the applicable industry; and

INDUSTRY Agriculture, Forestry, Fishing Architectural/Design/Engineering Construction Educational Finance, Insurance, Real Estate Information Systems/Technology Manufacturing Marketing/Communications/Public Relations Medical/Healthcare Mining Retail Trade Service Industry Transportation, Commerce and Utilities Wholesale Trade (c)

ANNUAL SALES VOLUME $500,000 $2,000,000 $2,000,000 $1,000,000 $1,000,000 $2,000,000 $2,000,000 $2,000,000

MAXIMUM NUMBER OF EMPLOYEES* 9 30 30 9 9 30 99 30

$2,000,000 $1,000,000 $750,000 $500,000 $1,000,000 $1,000,000

30 49 9 9 9 19

Meets the following additional criteria: 1. Has demonstrated capability to perform independently a substantial portion of the contract they seek, or a substantial portion or the subcontract for which they are proposed by a bidder or offeror, as specified by the Purchasing Agent; 2. Not share or jointly use office space, production, marketing and sales, business support systems, personnel, or equipment with any business not classified by Metro as a small business (i.e., a large business); 3. Has existed as a legal business entity for a minimum of one year (twelve months of continuous business enterprise), performing independently and satisfactorily and achieving a minimum of $35,000.00 sales income (collected sales dollars not simply booked sales);

4. Not to be owned, controlled, or directed by individuals or groups of individuals who own, control or direct a large business involved in the same category of work as the business for which small business status is sought; 5. If a supplier, be an authorized regular distributor with normal wholesale agreements for the Product or products to be supplied; and 6. If a construction contractor, be licensed as required by the state to perform the work for which it has submitted a bid or has been proposed by a prime as a subcontractor. *NOTE: Employee means a person (or persons) employed on a full-time (or full-time equivalent), a permanent basis. Full-time equivalent includes employees who work 30 hours per week or more. Full-time equivalent also includes the aggregate of employees who work less than 30 hours a week, where the work hours of such employees add up to at least 40 hour work week. The totality of the circumstances, including factors relevant for tax purposes, will determine whether persons are employees of a concern. Temporary employees, independent contractors or leased employees are not employees for these purposes. The owner(s) are excluded from this classification.

Minority, women and small-owned firms are required to provide proof of their eligibility in accordance with these guidelines.

4.

Utilization of Diversity Business Enterprise Firms In order to provide minority, women and small businesses equal opportunity to participate in MDHA's procurements, A/E’s and contractors bidding or proposing on Agency procurements are required to solicit the services of minority, women and small business firms. A/E’s, and contractors who are awarded contracts, or purchase orders, along with their subcontractors, and other lower-tier subcontractors must commit to utilize Diversity Business Enterprise firms as part of their contractual obligation. a. Diversity Business Enterprise Program Compliance Forms To be considered a responsive bidder or proposer, Diversity Business Enterprise forms 2001, 2002, and 2003 must be completed in its entirety and submitted with the bid/or proposal.

5.

MDHA Diversity Business Goal A goal of 20% Diversity Business Participation has been established for this project.

Contractors will submit with their bid DBE Form 2001 indicating efforts to utilize DBE contractors, DBE Form 2002 if joint venturing with a DBE business and DBE Form 2003 showing commitment to meet established goal and indicating type of work and dollar amount for each DBE business.

6.

Program Questions/Information Questions regarding the DBE Program and requests for information should be directed to: Metropolitan Development and Housing Agency’s Diversity Business Coordinator, Ron Chenault, 712 South Sixth Street, Nashville, Tennessee 37206, (615) 252-8498 or rchenaul@nashville-mdha.org.

7.

MDHA DBE Directory To assist Contractors in obtaining the DBE goal for this project, Contractors are recommended to contact Ron Chenault at (615) 252-8498 or by email rchenaul@nashville-mdha.org to receive an electronic copy of the MDHA DBE Directory.

FORM 2001

COMPANY NAME:

METROPOLITAN DEVELOPMENT AND HOUSING AGENCY DIVERSITY BUSINESS ENTERPRISE EQUAL OPPORTUNITY SOLICITATION CERTIFICATION ADDRESS/TELEPHONE:

PROJECT NAME: DATE FORM SUBMITTED: IMPORTANT - THIS FORM MUST BE COMPLETELY FILLED OUT AND SUBMITTED WITH BID OR PROPOSAL Please list the name(s) of Minority (M) Women (W) and Small (S) Business Enterprise Firms contacted, and their responses to the above procurement package. If additional space is required, this form may be duplicated.

Response to Solicitation (i.e.

Type of Type of Indicate How Businesses interested, not Business Work/Service(s) Were Contacted (i.e. letter, interested, no Company Telephone/Fax M/W/S Solicited phone, fax) response) Representative Number Name/Address

It is hereby certified that the following Diversity Business Enterprise firms were contacted and offered an opportunity to bid or propose on the above procurement. We further certify that the above statements are a true account of Diversity Business Enterprise firm's response to our solicitation.

Company Representative (Name/Title/Signature) Date

Revision 1, November 1, 2002

FORM 2002

COMPANY NAME:

METROPOLITAN DEVELOPMENT AND HOUSING AGENCY DIVERSITY BUSINESS ENTERPRISE PROGRAM JOINT VENTURE AGREEMENT IMPORTANT - THIS DOCUMENT MUST BE SUBMITTED WITH BID OR PROPOSAL COMPLETE ADDRESS/TELEPHONE:

PROJECT NAME:

DATE FORM SUBMITTED:

Please note: Completion of this form is only required when the Bidder/Proposer enters into a joint venture agreement with a Diversity Business Enterprise Firm.

Please indicate N/A If the Bidder/Proposer is not a Joint Venture.

A. PRIMARY PARTY OF JOINT VENTURE: Company Name,Complete Address and Phone Number Diversity Business Enterprise Status: (Check appropriate block) Minority Owned African American Native American Asian Hispanic American Hasidic Jewish American Woman Owned Business Percentage of Joint Venture Small Owned Business

Total Cash: $ Equipment

PRIMARY PARTY'S TOTAL CONTRIBUTIONS Bond Percentage: Total Cost

Cost

B. SECONDARY PARTY OF JOINT VENTURE: Company Name,Complete Address and Phone Number Diversity Business Enterprise Status: (Check appropriate block) Minority Owned African American Native American Asian Hispanic American Hasidic Jewish American Woman Owned Business Percentage of Joint Venture Small Owned Business

Total Cash: $ Equipment

SECONDARY PARTY'S TOTAL CONTRIBUTIONS Bond Percentage: Total Cost

Please attach copy of Joint Venture Agreement and all pertinent information.

Revision 1, November 1, 2002

Cost

FORM 2003

COMPANY NAME:

METROPOLITAN DEVELOPMENT AND HOUSING AGENCY DIVERSITY BUSINESS ENTERPRISE (DBE) PROPOSED UTILIZATION PLAN IMPORTANT - THIS DOCUMENT MUST BE SUBMITTED WITH THE BID OR PROPOSAL COMPLETE ADDRESS AND PHONE NUMBER:

PROJECT NAME:

DATE FORM SUBMITTED:

The above named company proposes to use the services of the following listed DBE firms. This form may be duplicated if additonal space is needed.

DBE NAME/ADDRESS/TELEPHONE

MBE Dollars/Percentage: WBE Dollars/Percentage: SBE Dollars/Percentage:

(Please Indicate Status)

MBE WBE

$ $ $

SBE

Certifying Agency

Type of Work

% % % Total DBE Dollars/Percentage Signature/Title: Date:

Revision 1, November 1, 2002

DBE DOLLARS

DBE %

FORM 2004 METROPOLITAN DEVELOPMENT AND HOUSING AGENCY STATEMENT OF INTENT TO UTILIZE DIVERSITY BUSINESS ENTERPRISE FIRMS THIS FORM MUST BE COMPLETED AND SUBMITTED TO CONTRACT COMPLIANCE OFFICER PRIOR TO CONTRACT AWARD COMPANY NAME: COMPLETE ADDRESS/TELEPHONE: PROJECT NAME:

DATE FORM SUBMITTED:

_______________________________________________ agrees to perform work on the above project as (check one): ( Name of DBE Subcontractor or Supplier) _______________________________________________ will enter into a formal agreement for the work with _________________________ (Name of DBE Subcontractor or Supplier) A/E or Contractor conditioned upon the company executing a contract with the MDHA. _____________________________ will submit to MDHA proof of A/E or Contractor any purchase orders awarded and/or subcontract agreements entered into with the above named DBE Subcontractor/Supplier as documentation of utilization of DBE firms.

SUBCONTRACT/ % OF TOTAL PURCHASE ITEM CONTRACT START ORDER PRICE NUMBER PRICE DATE DESCRIPTION OF WORK COMPLETION DATE

CONTRACTOR REPRESENTATIVE SIGNATURE, TITLE & DATE

DIVERSITY BUSINESS ENTERPRISE FIRM REPRESENTATIVE SIGNATURE, TITLE & DATE

Revision 1, November 1, 2002

FORM 2005 METROPOLITAN DEVELOPMENT AND HOUSING AGENCY COMPANY NAME:

CHANGES TO THE DIVERSITY BUSINESS ENTERPRISE UTILIZATION PLAN COMPLETE ADDRESS/TELEPHONE:

PROJECT NAME:

DATE FORM SUBMITTED:

SUBMIT THIS FORM WHEN A CHANGE ORDER WILL AFFECT DBE SUBCONTRACTS (ADDITIVE OR DEDUCTIVE) DBE NAME ADDRESS & PHONE

MBE Dollars/Percentage: WBE Dollars/Percentage: SBE Dollars/Percentage:

$ $ $

TYPE OF WORK

DBE DOLLARS

% % %

TOTAL DBE DOLLARS & PERCENTAGE: Contractor Signature/Title: Date:

Revision 1, November 1, 2002

DBE %

REASON FOR CHANGE

FORM 2006

METROPOLITAN DEVELOPMENT HOUSING AGENCY DIVERSITY BUSINESS ENTERPRISE MONTHLY UTILIZATION REPORT RECORD OF PAYMENTS TO DIVERSITY BUSINESS ENTERPRISE FIRMS ****PLEASE NOTE: THIS DOCUMENT MUST BE SUBMITTED WITH MONTHLY INVOICE

COMPANY NAME:

COMPLETE ADDRESS/TELEPHONE:

PROJECT NAME:

PAY APPLICATION#:

DBE NAME, ADDRESS & TELEPHONE

Description of Work

MBE Dollars

WBE Dollars

Dollars DueThis Period

Total Dollars Paid To-Date

% Of Work Scheduled Completed Start Date

Scheduled End Date

Dollars Awarded % of Current Contract TOTAL MBE/WBE DOLLARS DUE TOTAL MBE/WBE DOLLARS PAID TO-DATE The undersigned swears that the foregoing statements and information recorded above is correct, and that each of the representations herein set forth is true. “Any misrepresentation will be grounds for termination of contract and for initiating actions under Federal or State laws concerning false statements.”

Name of Company Representative: TITLE: TELEPHONE:

Revision 1, November 1, 2002