The_City_of_Pittsburgh_Three_River_Heritage_Trail_Maintenance_&_Management_Plan_(Addendum_#2_Revision).pdf

REQUEST FOR PROPOSAL

2023-RFP-058

THE CITY OF PITTSBURGH THREE RIVER HERITAGE TRAIL

MAINTENANCE & MANAGEMENT PLAN

City of Pittsburgh

City-County Building

Pittsburgh, PA 15219

RELEASE DATE: March 22, 2023

DEADLINE FOR QUESTIONS: April 11, 2023

RESPONSE DEADLINE: May 12, 2023, 5:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

Request for Proposal #2023-RFP-058 Title: The City of Pittsburgh Three River Heritage Trail Maintenance & Management Plan https://secure.procurenow.com/portal/pittsburghpa https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Pittsburgh

REQUEST FOR PROPOSAL

The City of Pittsburgh Three River Heritage Trail Maintenance &

Management Plan

I. Introduction II. Instructions to Bidders

III. Scope of Work IV. Proposal Format Requirements V. Evaluation Phases

VI. Equal Opportunity Review Commission Terms VII. Award and Contract

VIII. General Terms & Conditions IX. Federal Funding Requirements X. Miscellaneous Requirements

XI. Vendor Questionnaire

Attachments:

A - Riverbank Stability Assessment City of Pittsburgh -Draft

1. INTRODUCTION

1.1. Summary

The City of Pittsburgh Department of Mobility and Infrastructure, is soliciting bids to complete a formal maintenance & management plan to ensure the integrity of the trail system inside the City limits and plan for resiliency.

1.2. Background

The City of Pittsburgh has led the way with trail development since the early 1990s. The Trail network

(Known as Three Rivers Heritage Trail) has become a regional and national destination for our iconic riverfront experience and connection to regional trails. This trail system hosts various regional and national trail networks including the Great Allegheny Passage, the Erie to Pittsburgh Trail, the Industrial

Heartland Trails, and the Great American Rail Trail. This connectivity and continuous improvement of the trail system have led to an increase in users, a trend accelerated by the COVID-19 Pandemic, as people sought new outdoor outlets for respite and recreation. This heavy use, plus an ever-increasing volatility in weather and river conditions due to climate change, has led to increased deterioration of the trail.

1.3. Contact Information

Jessie Nusser

Sourcing Specialist

414 Grant St

Suite 502

Pittsburgh, PA 15219

Email: jessica.nusser@pittsburghpa.gov

Phone: (412) 255-2458

Department:

Mobility & Infrastructure

1.4. Timeline

The following represents the tentative schedule for this project. Any change in the scheduled dates for the Pre Proposal Conference (if applicable), Deadline for Submission of Written Questions, or Proposal

Submission Deadline will be advertised in the form of an addendum to this RFP. The schedule for the evaluation process and other future dates may be adjusted without notice.

RFP Released March 22, 2023

Question Submission Deadline April 11, 2023, 3:00pm

Proposal Submission Deadline May 12, 2023, 5:00pm mailto:jessica.nusser@pittsburghpa.gov tel:(412)255-2458

Proposal Review and Supplier Scoring May 2023

Contract Award May 2023

2. INSTRUCTIONS TO BIDDERS

2.1. Submittal Requirements

All proposals must be submitted electronically. No proposal shall be accepted in person, by U.S. Mail, by private courier service, via oral or email communication, telephone or fax transmission.

Respondents are required to provide one (1) electronic copy of their proposal in either MS Word or PDF by the submission deadline.

If additional hard copies are requested, the proposal should be bound or contained in a loose leaf binder. Document pages shall be 8-1/2 inches by 11 inches in size or folded to such a size. Use section dividers, tabbed in accordance with this Section as specified below. All proposals will need to be provided electronically so the following format will apply for the electronic submittal through the

Beacon website.

2.2. Additional Submission Considerations

Late proposals will not be accepted or considered. Respondents should allow enough time to register company on the City's e-Procurement Portal, search the solicitation they wish to respond to and complete the submission process online before the deadline.

The City of Pittsburgh shall not be responsible for proposals delivered to a person or location other than that specified herein.

All submittals, whether selected or rejected, shall become the property of the City of Pittsburgh and will not be returned.

All costs associated with proposal preparation shall be borne by the applicant.

3. SCOPE OF WORK

3.1. Scope of Work

The City is looking for a Consultant to develop maintenance and management plans to ensure the integrity of the trail and plan for resiliency. With this plan the City intends to focus on four key areas.

These four key areas include:

A. Canopy and Invasive Plant Management

B. Riparian Restoration and Preservation

C. Trail lighting, Surface and Drainage Management

D. Maintenance Financing

3.2. Canopy and Invasive Plant Management

The City of Pittsburgh has lost an estimated 3% of tree coverage between 2010 and 2015 due to pests, invasive species, and lack of maintenance. The City plans to work with regional partners such as Tree

Pittsburgh, Western PA Conservancy and Friends of the Riverfront to improve the tree canopy along the riverfront. With the 36 miles of riverfront in the City, managing the canopy is complex.

This section of the plan will:

• Assess the current canopy and losing rate. Identify areas of need for new plantings;

• Identify areas in need of tree maintenance;

• Identify areas in need of preserving existing trees through invasive management; and

• Provide a list of recommended canopy trees.

The Consultant will:

• Create a canopy assessment; and

• Identify and map priority areas for new plantings, tree maintenance, and invasive management for the long term.

3.3. Riparian Restoration and Preservation

Beginning in 2020 and completed in 2021, the City partnered with the Army Corp of Engineers to complete an environmental assessment of the riverbanks. This assessment was to help the City to understand the conditions of the banks and identify areas of need. Maintaining a stable riverfront will ensure the integrity and stabilization of the trail.

This section of the plan will update and/or expand, as needed, on the USACE Assessment to fulfill the scope of work.

• Identify short-term (0-5 years) priorities for riparian restoration and preservation;

• Identify long-term (6-20 years) priorities for riparian restoration and preservation;

• Create a map(s) of project prioritization broken down by time range; and

• Assess existing retaining walls and recommend fixes.

3.4. Trail lighting, Surface and Drainage Management

Maintaining the surface of the trail is key to ensuring a positive and safe user experience. With harsh winter weather and increased users, the trail surface has seen significant wear. To ensure that the trails continue to function properly for years to come, the City needs to prepare for a variety of typical and extreme events.

• Outline a routine repaving scheme and interim maintenance between pavings;

• Identify area with existing drainage issues;

• Identify and propose best practices for addressing drainage issues;

• Identify best practices for preparing for significant weather event or improvements to minimize damage (I.e. ice jams, flooding); and

• Evaluate current lighting situation, and identify gaps and needs for additional lighting in the system.

• Collect field data on current trail surface/drainage conditions;

• Research/Compile best practices related to trail drainage;

• Research/Compile best practices related to significant/extreme weather events and trail protection;

• Propose routine repaving scheme based on existing assessment and field data; and

• Develop a plan for lighting assessment and expansion of lighting, associated cost, developing a lighting standard and maintenance of existing and future trail lighting.

3.5. Maintenance Financing

The City acknowledges maintaining the trail will take dedicated funding. The plan will use asset management planning principles ensure trails are maintained efficiently and cost effectively. This will also be used to help guide the city for future budgetary needs along the trail network.

• Determine the replacement, maintenance, and equipment costs of different trail segment and average per mile costs;

• Prioritize trail sections for near- and long-term capital projects; and

• Identify funding streams for the maintenance of each segment of the trail.

• Assess/Determine costs related to replacement, maintenance, and equipment for different trail segment; and

• Develop a priority list of trail segment that needs maintenances.

3.6. Future Management Scenarios

The City works with many partners across the region on maintenance for the trails, including Allegheny

Clean Ways, Friends of the Riverfront, Riverlife, Tree Pittsburgh, and Western Pennsylvania

Conservancy. Coordinating the various partners and community groups on maintenance has been challenging. With this plan, the City plans to look at the roles and responsibilities for these partners to establish consistency for trail maintenance.

This plan seeks to assess and prioritize remedial maintenance needs as outlined above. It will complement other planning efforts, including Riverlife & Friends of the Riverfront’s work to align various riverfront property owners and establish a permanent funding stream for daily care and maintenance and coordinate all the short-term maintenance efforts by City’s partnering agencies.

• Develop a Trail Maintenance Responsibility Matrix that details the roles and responsibilities of each trail partner; and

• Evaluate current staffing situation of the City and recommend future staffing plan.

3.7. Public Engagement Materials

• Be expected to attend any public meeting or in person engagement;

• Provide necessary digital materials (ex- PowerPoint presentation, fact sheets, FAQ for distribution, banners, and posters) for the community engagement; and

• Analyze the public inputs collected and received by the City, evaluate their feasibilities and incorporate them into the plan.

3.8. Project Management & Timeline

• DOMI is anticipating bi-weekly progress meeting as instructed by the City (Remote).

• Project estimated timeline: 10-14 months after the contract execution.

3.9. Deliverables

• Final plan document with all the sections and tasks outlined above. The final plan document will be in .PDF.

• Submission of all the relevant collected photos, data and analysis, formatted and submitted as per City request.

3.10. Grant Agreement Terms & Conditions

This project is partially funded by a grant from the Community Conservation Partnerships Program administered by the Pennsylvania Department of Conservation and Natural Resources (DCNR), Bureau of Recreation and Conservation (Bureau). The Bureau has certain requirements and standards that must be met by the City and its contracted Consultant. This Request for Proposal (RFP) has been prepared in accordance with Bureau requirements and standards. The Bureau will monitor the project and certain documents will be subject to Bureau review and approval.

The DCNR Grant Agreement number is BRC-TAG-28-179.

4. PROPOSAL FORMAT REQUIREMENTS

4.1. Response Format

All submitted responses shall follow the formatting below, and all proposals will need to be provided electronically through the City's e-Procurement Portal. Each numbered section is to be uploaded as a separate file. If hard copies of submissions are required, each numbered section shall be a removable tab. Document pages shall be 8-1/2 inches by 11 inches in size or folded to such a size. (4-6 Page Limit)

Response to Scope

Firm’s Qualifications, Experience and References

Describe the firm and provide a statement of the firm’s qualifications for providing the scope of services.

Identify the services which would be completed by your firm’s staff and those that would be provided by sub-consultants, if any. Identify any sub-consultants you proposed to utilize to supplement your firm’s staff.

Provide a summary of the firm’s experience in providing these or similar services. Provide a minimum of three references for related projects, including dates, contact person, phone number, email, and a brief description of the project or scope of work.

Qualifications of Project Team

Provide a brief summary of the qualifications and experience of each team member assigned to this project, including length of service with the firm and resume/bio, and the qualifications /experience of any sub-consultant staff on your project team.

Provide a summary of the team Project Manager’s experience with similar projects and ability to manage the team, communicate with the City’s Project Manager, and deliver projects on schedule and within budget.

Project Approach and Plan

Provide a detailed discussion of your firm’s approach to the successful completion of the scope of services outlined in this RFP. Include thorough discussions of methodologies you believe are essential to accomplishing this project or completing the scope of services. Include a proposed work schedule to accomplish all of the required tasks within the desired timeline. Identify the staff roles who would be assigned to each major task, including sub-consultants.

Cost Proposal

Provide a total cost proposal for all services to be delivered, and a breakdown of costs delineated by major phase and/or deliverable as described in your project plan. Include a schedule of hourly rates for all proposed staff and the amount of time each person will be devoted to this project. Define any reimbursable expenses (e.g., travel) requested to be paid by the City. Note: If travel expenses are included, the rate assumptions generally should not exceed the United States General Services

Administration (GSA) rates for Pittsburgh.

PLEASE NOTE: The City does not agree to late fees, penalties, interest, attorney’s fees or other contingent liability. In no event shall the City be liable for special, indirect, incidental, reliance, lost profits or other business interest damages.

Demonstration of Good Faith Effort

Include statements of assurance regarding the following requirements detailed in the Equal Opportunity section of this solicitation:

A. Solicit certified MBE/WBE/Veteran-Owned companies for various service categories where opportunities exist to subcontract within their company’s business model.

B. Complete MWDBEVOSB Commitment Form to document good faith effort. Please provide scope of services to be delivered by each subcontractor. If a subcontractor is not chosen, a justification is required describing why services could not be rendered by a sub-contractor.

C. Provide email documentation of solicitation correspondence with MBE/WBE/Veteran-Owned companies.

Failure to include all of the elements specified may be cause for rejection. Additional information may be provided, but should be succinct and relevant to the goals of this RFP. Excessive information will not be considered favorably.

5. EVALUATION PHASES

Selection Procedure

Your Proposal will be evaluated by a Proposal Committee comprised of the Director or other supervisor of the Using Department, one or more members of the Director’s staff, at least one member of the

Office of Management & Budget and any other department representatives as deemed necessary.

Submittals will be reviewed for responsiveness, and responsive submittals will further be screened by a selection committee in accordance with the criteria listed below. The firm(s) submitting the highest rated proposal may be invited for interviews.

No. Evaluation Criteria Scoring Method Weight (Points)

1. Firm’s Qualifications, Team and Project

Manager: Experience and References

The following factors will be considered:

• The firm’s experience in performing similar work

• The expertise and professional level of the individuals assigned to conduct the work

• The clarity and completeness of the proposal and the firm’s demonstrated understanding of the work to be performed

Vendor response demonstrated that the firm has the experience and capabilities to successfully perform the scope of services, including providing references for clients of similar size and scope.

Points Based 35 (35% of Total)

2. Project Approach and Plan

The following factors will be considered:

• The techniques for collecting and analyzing data

• The sequence and relationships of major steps

• The methods for managing the work to ensure timely and orderly completion

Vendor response demonstrated a firm understanding of the scope of services, the response included thorough and complete responses to the items outlined in the Section

4, and the vendor has the appropriate expertise, procedures, and methods in place to perform the scope of services.

Points Based 35 (35% of Total)

3. Cost Proposal

The following factors will be considered:

• The number of hours of work to be performed

• The level of expertise of the individuals proposed to do the work.

Vendor response provided a total cost proposal for all services to be delivered, a breakdown of costs delineated by major phase and/or a schedule of hourly rates.

Reward Low Cost 15 (15% of Total)

4. MWDBE/VOSB Good Faith Effort

The following factors will be considered:

• Whether the lead consultant is fulfilling City’s MWDBE/VOSB goals.

• If not, the effort and reasoning of not fulfilling.

Vendor response was detailed and demonstrated clear Good Faith Effort to obtain

MWDBE & VOSB Participation.

Points Based 15 (15% of Total)

6. EQUAL OPPORTUNITY REVIEW COMMISSION TERMS

6.1. MWE/DBE

The City of Pittsburgh is committed to the ideal of providing all citizens an equal opportunity to participate in City and its Authorities' contracting opportunities. It is therefore the City's goal to encourage increased participation of women and minority groups in all City contracts. The City requires that all respondents demonstrate good faith efforts to obtain the participation of Minority-Owned

Business Enterprises (MBE's) and Women-Owned Business Enterprises (WBE's) in work to be performed under City contracts. The levels of MBE and WBE participation will be monitored by the City of

Pittsburghs Equal Opportunity Review Commission (EORC). In order to ensure that there are opportunities for historically disadvantaged minority groups and women to participate on Covered

Contracts, and consistent with the City's current equal employment opportunity practice and goals, the

EORC will review contracts to include an evaluation of a developer/contractors employment of minority groups and women, encourage goals of eighteen (18) percent and seven (7) percent respectively.

6.2. Veteran-Owned Small Business

It is also the City's goal to encourage participation by veteran-owned small businesses in all contracts.

The City of Pittsburgh shall have an annual goal of not less than five (5) percent participation by veteran-owned small businesses in all contracts. The participation goal shall apply to the overall dollar amount expended with respect to the contracts. The City requires that all respondents demonstrate good faith efforts to obtain the participation of veteran-owned small business in work to be performed under City contracts. The levels of veteran-owned participation will be monitored by the City of Pittsburghs EORC.

6.3. Good Faith Commitment

In order to demonstrate good faith commitment to these goals, all respondents are required to complete and submit with their bids the attached MDE/WBE/Veteran-Owned Solicitation and

Commitment Form (which details the efforts made by the respondents to obtain such participation).

Failure to submit a properly completed form along with documentation of Good Faith Commitment may result in rejection of the bid. Participants are encouraged to contact the Equal Opportunity Review

Commission at 412-255-8804 to assist further. For further information, including definitions and additional requirements, please see Chapter 177A (Sections 177A.01 et. seq.) of the City Code and

Section 161.40 of the City Code.

7. AWARD AND CONTRACT

7.1. Award

After the City has received all Proposals and conducted its initial Evaluation, described above, the

Proposal Committee may invite one or more Respondents to a follow-up interview to further discuss their Proposal(s).

The Proposal Committee may decide to accept the Proposal of one or more Respondents. It may decide to reject all proposals. Once a Proposal is accepted, the contract negotiation process will commence.

This RFP and your response to it, in the form of your entire Proposal, will become part of the Contract. If a real or apparent conflict should arise between this RFP/Proposal and other language contained in the final Contract, the language of the final Contract shall control.

7.2. Contracting Process

Successful Respondents will be required to enter into a Contract with the City of Pittsburgh, contingent upon the approval of City Council. This Contract will be directed and managed by the issuing department and the Office of Management & Budget.

Work cannot commence on the Scope of the RFP until it a contract is fully executed. The City cannot process invoices nor approve payments until this Contract has been fully executed by the Respondent and all required City signatories, including the issuing department, the Law Department, and the City

Controller.

City laws and policies mandate the incorporation of various custom terms and conditions into all City contracts. For this reason the City will not sign any standard contract proffered by the respondent.

An agreement shall not be binding or valid with the City unless and until it is fully executed by authorized representatives of the City and of the Proposer. Once the Contract is fully executed the City will notify Respondent in writing and give the order to proceed.

8. GENERAL TERMS & CONDITIONS

8.1. Examination of Proposal Documents

A. The submission of a proposal shall be deemed a representation and certification by the

Respondent that they:

1. Have carefully read and fully understand the information that was provided by the City to serve as the basis for submission of the proposal.

2. Have the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted.

3. Represent that all information contained in the proposal is true and correct.

4. Did not, in any way, collude; conspire to agree, directly or indirectly, with any person, firm, corporation or other proposer in regard to the amount, terms or conditions of this proposal.

5. Acknowledge that the City has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by a proposer, and proposer hereby grants the City permission to make these inquiries, and to provide any and all related documentation in a timely manner.

B. No request for modification of the proposal shall be considered after its submission on the grounds that the proposer was not fully informed to any fact or condition.

8.2. RFP Term

Respondent’s proposal shall remain firm and effective, subject to the City’s review and approval, for a period of one hundred twenty (120) days from the closing date for the receipt of proposals.

The City may enter into negotiations with one or more Respondents during the one hundred twenty

(120) day period during which all proposals will stay effective. The purpose of such negotiations will be to address questions and identify issues as the parties move towards the execution of a final contract or contracts.

8.3. RFP Communications

Unauthorized contact regarding this RFP with employees or officials of the City of Pittsburgh other than the RFP Coordinator named in the header section of this solicitation may result in disqualification from this procurement process.

Neither Respondent(s) nor any person acting on Respondent(s)’s behalf shall attempt to influence the outcome of the award by the offer, presentation or promise of gratuities, favors, or anything of value to any appointed or elected official or employee of the City of Pittsburgh, their families or staff members.

All inquiries regarding the solicitation are to be directed to the designated RFP Coordinator. Outside of pertinent RFP questions directed to the City of Pittsburgh as specified above, any other attempts to contact any City of Pittsburgh personnel regarding this RFP, without prior approval by the RFP

Coordinator will be considered grounds for dismissal and immediate disqualification from the RFP process. This includes, but is not limited to, all verbal, voice, text, e-mail, and social media (e.g. –

LinkedIn) contact.

Please note the following:

A. The City shall not be responsible for nor bound by any oral instructions, interpretations or explanations issued by the City or its representatives.

B. Each proposer shall assume the risk of the method of dispatching any communication or proposal. •The RFP Coordinator must receive all written comments, including questions and requests for clarification, no later than the Deadline for Submission Questions listed in the tentative project schedule.

C. The City reserves the right to determine, at its sole discretion, the appropriate and adequate responses to written comments, questions, and requests for clarification. The City’s official responses and other official communications pursuant to this RFP shall constitute an addendum of this RFP.

D. The City will publish all official responses and communications pursuant to this RFP to the City of

Pittsburgh procurement website. It is the responsibility of each proposer to check the site and incorporate all addenda into their response.

E. All addenda for this RFP will be distributed via the City of Pittsburgh procurement website at procurement.pittsburghpa.gov/beacon/opportunities

F. Only the City’s official, written responses and communications shall be considered binding with regard to this RFP.

8.4. Addenda/Clarifications

Should discrepancies or omissions be found in this RFP or should there be a need to clarify this RFP, questions or comments regarding this RFP must be put in writing and received by the RFP Coordinator within the Question and Answer tab.

8.5. Withdrawal of Proposals

A proposer may withdraw its proposal at any time before the expiration of the time for submission of proposals as provided in this RFP by delivering a written request for withdrawal signed by, or on behalf of, the proposer.

8.6. Public Record

Respondent, by submittal of a proposal, acknowledges that all proposals may be considered public information in accordance with the Commonwealth of Pennsylvania Right to Know laws. Subject to award of this RFP, all or part of any submittal may be released to any person or firm who may request it.

Therefore, proposers shall specify in their proposal response if any portion of their submittal should be treated as proprietary and not releasable as public information. Proposers should be aware that all such requests may be subject to legal review and challenge.

Any information considered proprietary should be indicated as such or not included in the response.

8.7. Non-Conforming Proposal

A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or to a proposal may be sufficient grounds for non-acceptance of the proposal, at the sole discretion of the City.

8.8. Disqualification

Factors such as, but not limited to, any of the following may be considered just cause to disqualify a proposal without further consideration:

A. Evidence of collusion, directly or indirectly, among proposers in regard to the amount, terms or conditions of this proposal;

B. Any attempt to improperly influence any member of the evaluation team;

C. Existence of any lawsuit, unresolved contractual claim, or dispute between the proposer and the

City; •Evidence of incorrect information submitted as part of the proposal;

D. Evidence of proposer’s inability to successfully complete the responsibilities and obligation of the proposal; and

E. Proposer’s default under any previous agreement with the City, which results in termination of the agreement.

8.9. Restrictions on Gifts & Activities

The City of Pittsburgh Ethics Code and Chapter 197 of the City Code (Code of Conduct) was established to promote public confidence in the proper operation of our local government. These resources outline the requirements for disclosure of interests and restricted activities as related to public procurement processes. Proposers are responsible to determine the applicability of these requirements to their activities and to comply with its requirements.

8.10. Rights of the City of Pittsburgh

This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract.

The City reserves the right to:

A. Reject any and all proposals;

B. Issue subsequent Requests for Proposals;

C. Cancel this RFP with or without issuing another RFP;

D. Remedy technical errors in the Request for Proposals process;

E. Approve or disapprove the use of particular sub-consultants;

F. Make an award without further discussion of the submittal with the proposer (therefore, the proposal should be submitted initially on the most favorable terms that the firm or individual might propose);

G. Meet with select proposers at any time to gather additional information;

H. Make adjustments to the scope of services at any time if deemed by the Office of Management and Budget to be in the best interest of the City;

I. Accept other than the lowest offer.

J. Waive any informality, defect, non-responsiveness, or deviation from this RFP that is not material to the Respondent’s proposal;

K. Reject the proposal of any Respondent who, in the City’s sole judgment, has been delinquent or unfaithful in the performance of any contract with the City;

L. Reject the proposal of any Respondent who, in the City’s sole judgment, is financially or technically incapable of performing in accordance with this RFP;

M. Negotiate with any, all, or none of the Offerors and to enter into an agreement with another

Offeror in the event that the originally selected finalist defaults or fails to execute an agreement with the City.

N. Award a contract to the firm(s) that presents the best qualifications and whose proposal best accomplishes the desired results; and/or

O. Enter into an agreement with another proposer in the event the originally selected proposer defaults or fails to execute an agreement with the City.

P. Require a performance bond and/or other “failure to deliver” agreement by the awardee at time of contracting.

9. FEDERAL FUNDING REQUIREMENTS

9.1. Breach of Contract Terms

Any violation or breach of terms of this contract on the part of the Contractor may result in the suspension or termination of this contract or such other action that may be necessary to enforce the rights of the parties of this contract. The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

9.2. Termination of Contract for Cause

If, through any cause, the Contractor shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this

Contract, the City of Pittsburgh shall thereupon have the right to terminate this Contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the

Contractor under this Contract shall, at the option of the City of Pittsburgh, become its property.

Notwithstanding the above, the Contractor shall not be relieved of liability to the City of Pittsburgh for damages sustained by the City of Pittsburgh by virtue of any breach of the Contract by the Contractor, and the City of Pittsburgh may withhold any payment to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City of Pittsburgh from the Contractor is determined.

9.3. Termination

The City of Pittsburgh may terminate this Contract at any time giving at least ten (10) days notice in writing to the Contractor. If the Contract is terminated by the City of Pittsburgh as provided herein, the

Contractor will be paid for the time provided and expenses incurred up to the termination date. If this

Contract is terminated due to the fault of the Contractor, Paragraph 1(Breach of Contract) hereof relative to termination shall apply.

Notwithstanding the above, the Contractor shall not be relieved of liability to the City of Pittsburgh for damages sustained by the City of Pittsburgh by virtue of any breach of the Contract by the Contractor, and the City of Pittsburgh may withhold any payment to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City of Pittsburgh from the Contractor is determined.

9.4. Equal Employment Opportunity

During the performance of this Contract, the Contractor agrees as follows:

A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, ancestry, place of birth, religion, sex, sexual orientation, color, age, familial status, handicap, or national origin. Contractor shall comply with the applicable provisions of the

Pittsburgh City Code, Title Six: Conduct, Article V: Discrimination, and any amendments thereto.

Contractor shall comply with the applicable provisions of Title I and Title II of the Americans with

Disabilities Act, and any amendments thereto and any regulations issued thereunder. Contractor shall incorporate in any subcontracts or purchase orders which may be permitted under the terms of this contract a requirement that subcontractors shall also comply with the provisions of this Section.

B. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equally during employment, without regard to their race, color, ancestry, place of birth, religion, sex, sexual orientation, color, age, familial status, handicap, 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 compensation; and selection for training, including apprenticeship. The

Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City of Pittsburgh setting forth the provision of this non-discrimination clause.

C. The Contractor will, in all solicitation or advertisements for employees placed by or on behalf of the Contractor; state that all qualified applicants will receive consideration for employment with regard to race, color, ancestry, place of birth, religion, sex, sexual orientation, color, age, familial status, handicap, or national origin.

D. The Contractor will cause the foregoing provisions inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontract for standard commercial supplies or raw materials.

E. The Contractor will comply with all provisions of US Executive Order 11246 of September 24, 1965, as amended by US Executive Order 11375 and as supplemented in US Department of

Labor Regulations (41 CFR, Part 60), and of the rules, regulations, and relevant orders of the US

Secretary of Labor.

F. The Contractor will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the City of

Pittsburgh and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

G. In the event of the Contractors non-compliance with the non-compliance clauses of this

Agreement or with any of such rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for future Government contracts in accordance with procedures authorized in Executive Order

11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

9.5. Civil Rights Acts of 1964 and 1988, as Amended

Under Title VI of the Civil Rights Act, as amended, no person shall, on the grounds of race, color, creed, sex, familial status, handicap, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

9.6. Section 109 of the Housing and Community Development Act of 1974, as Amended

No person in the United States shall on the grounds of race, color, national origin, familial status, handicap, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title.

9.7. Section 3 Compliance in the Provision of Training, Employment, and Business Opportunities

A. The work to be performed under this contract is on a project assisted under a program providing direct Federal financial assistance from the U.S. Department of Housing and Urban Development and is subject to the requirements of Section 3 of the Housing and Community Development

Act, as amended, Section 3 requires that to the greatest extent feasible opportunities for training an employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project.

B. The parties of this contract will comply with the provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of U.S. Housing and Urban Development set forth in 24

CFR Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with these requirements.

C. The contractor will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract or understanding, if any, a notice advising the said labor organization or worker's representative of his commitments under this

Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training.

D. The contractor will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of Federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of U.S. Housing and Urban

Development, 24 CFR Part 135. The contractor will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under

24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations.

E. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued hereunder prior to the execution of the contract, shall be a condition of the federal financial assistance provided to the project, binding upon its successors and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors, and subcontractors, its successors an assigns to those sanctions specified by the grant or loan agreement or contract through which Federal assistance is provided, and to such sanctions as are specified by 24 CFR Part 135.

9.8. MBE/WBE Participation

(Applicable only in contracts for $25,000 or more). Contractor agrees to assist City of Pittsburgh's efforts to encourage the participation of minorities and women in City of Pittsburgh contracts by making a good faith effort to utilize women and minorities in performing the work required by this Contract. The final payment under this Contract will not be made until Contractor submits a report to City of Pittsburgh detailing the following information.

A. The percentage and dollar amount of the contract paid to Minority Business Enterprises along with the names, addresses and telephone numbers of said Minority Business Enterprises;

B. The percentage dollar amount of the contract paid to Womens Business Enterprises along with the name, addresses and telephone numbers of Womens Business Enterprises; and

C. The goals and timetables for MBE or WBE workforce in each trade on all construction work in the covered area. For purposes of this Notice, the covered area is Pittsburgh SMSA (Allegheny, Washington, Beaver, and Westmoreland Counties);

D. An explanation of any failure to achieve the goals for Minority Business Enterprises and Women

Business Enterprises participation which had been represented to City of Pittsburgh prior to the award of the contract.

9.9. Compliance with the Copeland Act

The Contractor shall comply with the Copeland Anti- Kickback Act (18 U.S.C. 874) as supplemented in

Department of Labor regulations (29 CFR. Part 3).

9.10. Compliance with the Davis-Bacon Act

The Contractor shall comply with the Davis-Bacon Act the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5).

9.11. Compliance with §103 and §107 of the Contract Work Hours and Safety Standards Act

A. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty

(40) hours in such workweek

B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (a) of this section, the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States, for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph a of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40) hours without payment of the overtime wages required by the clause set forth in subparagraph a of this section.

C. Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work

Hours and Safety Standards Act with is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph b of this section.

D. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraphs a through d of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs a through d of this section.

9.12. Reports and Information

The Contractor, at such times and in such forms as the City of Pittsburgh may require, shall furnish the

City of Pittsburgh such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract.

9.13. Patent Rights

No discovery or patent rights arising from any discovery or invention which arises or is developed in the course of or under this contract shall be exercised by or on behalf of the contractor.

9.14. Copyright

No report, maps, or other documents produced in whole or in part under this Contract shall be subject of an application for copyright by or on behalf of the Contractor.

9.15. Access to Records

The City of Pittsburgh, or any of its duly authorized representatives, shall have access to any books, documents, papers and records of the Contractor which are directly pertinent to this specific contract, for the purpose of audits, examinations, and making excerpts and transcriptions during and for up to three (3) years following the termination of this Contract or completion of the work, whichever is later.

9.16. Records and Audits

The Contractor shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the City of Pittsburgh to assure proper accounting for all project funds, both Federal and non Federal shares. These records will be made available for audit purposes to the City of Pittsburgh or any authorized representative, and will be retained for three years after the expiration of this Contract unless permission to destroy them is granted by the City of Pittsburgh.

9.17. Compliance with §306 of the Clean Air Act and §508 or the Clean Water Act

The Contractor shall comply with all applicable standards, orders, or requirements issued of the Clean

Air Act (42 USC 1857 et. seq.), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR, Part 15) prohibiting the use of facilities included on the EPA List of Violating Facilities.

9.18. Energy Efficiency

The Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and

Conservation Act (Public Law 94-163).

9.19. Compliance with All Other Laws

The Contractor shall comply with all applicable laws, ordinances, codes, and administrative regulations of the Federal, State and, Local governments which are or become applicable to the work done under this Contract.

9.20. Interest of Member of the Governing Body

No member of the governing body of the City of Pittsburgh and no other officer, employee, or agent of the City of Pittsburgh, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this

Contract; and the Contractor shall take appropriate steps to assure compliance.

9.21. Interest of Other Local Public Officials

No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct, or indirect, in this Contract; and the

Contractor shall take appropriate steps to assure compliance.

9.22. Interest of Contractor and Employees

The Contractor covenants that he presently has no interest and shall not acquire interest, direct, or indirect, in the study area or any parcels therein or any other interest which would conflict in any manner or degree with performance of his services hereunder. The Contractor further covenants that in the performance of this Contract, no person having any such interest shall be employed.

9.23. Amendment

This agreement contains all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of this agreement, shall be deemed to exist or to bind any of the parties hereto. This agreement may not be changed, modified, discharged, or extended except by written amendment, duly executed by the parties.

9.24. Personnel

A. The Contractor represents that he has, or will secure at his expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the City of Pittsburgh.

B. All of the services required hereunder will be performed by the Contractor or under his 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 such services.

C. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the City of…