RFP - CLOSED
Former Hazelwood Library
The Urban Redevelopment Authority of Pittsburgh (URA) is requesting proposals from redevelopers or redevelopment teams (Redeveloper(s)) to purchase and redevelop the former location of the Carnegie Library of Pittsburgh’s Hazelwood Branch, as well as several adjacent parcels. The goal of this RFP is to select a Redeveloper who can complete a high-quality, residential, community or special purpose facility as permitted by zoning R1D-H while preserving the historic character of the former library. As the former library is a Local Historic Landmark, it should be maintained and preserved in accordance with local requirements and the Secretary of the Interior’s Standards for the Treatment of Historic Properties. The redevelopment project should reflect the concepts and principles contained in the community’s neighborhood plan, the Greater Hazelwood Neighborhood Plan (GHNP). See Section 4.D. for more information about the GHNP.
Resources & Addendums
The Urban Redevelopment Authority of Pittsburgh (URA) is requesting proposals from redevelopers or redevelopment teams (Redeveloper(s)) to purchase and redevelop multiple sites along the Second Avenue/Irvine Street Corridor in the Hazelwood neighborhood of the City of Pittsburgh (City). Redevelopers may submit responses for individual parcels, several parcels, or the entire site. The goal of this RFP is to select Redeveloper(s) who can complete a high-quality, mixed-use redevelopment project that is reflective of the concepts and principles contained in the community’s neighborhood plan, the Greater Hazelwood Neighborhood Plan (GHNP). See Section 4.D. for more information about the GHNP.
A tentative schedule for the proposal selection process is below. Redeveloper(s) must be available for the following meetings, interviews and deadlines.
|RFP Issue Date||Tuesday, September 17, 2019|
|Site Toura||Wednesday, October 16, 2019, 9:30 a.m. - Noon ET|
|Site Tourb||Wednesday, November 13, 2019, 9:30 a.m. - Noon ET|
|Proposal Due Date||Thursday, December 19, 2019 at Noon ET|
|Community Meeting with Redeveloper Shortlist||January, 2020|
|Interviews and Potential Redevelopers||Early February, 2020|
|URA Board Meeting||Thursday, March 12, 2020|
a. The structure included in the RFP will be made available to tour. Representatives from the URA and City will be available. RSVP your attendance to Claren Healey, email@example.com.
b. A second site tour will occur closer to the due date. The structure included in the RFP will be made available to tour. Representatives from the URA and City will be available. RSVP your attendance to Claren Healey, firstname.lastname@example.org.
|Block and Lot||Address||Lot Area in Sq. Ft.||Property Owner|
|1. 56-B-240 (Structure)*||4748 Monongahela Street||16054||City of Pittsburgh|
|2. 56-B-247||145 Hazelwood Avenue||1800||City of Pittsburgh|
|3. 56-B-248||143 Hazelwood Avenue||1800||City of Pittsburgh|
|4. 56-B-252||135 Hazelwood Avenue||3000||City of Pittsburgh|
|5. 56-B-254||133 Hazelwood Avenue||4850||City of Pittsburgh|
The URA will acquire the City-owned property and convey through URA’s Disposition Process (Exhibit “A”).
A site map showing the development area can be found below.
|Neighborhood / Location||Hazelwood
15th Ward, City of Pittsburgh
|Zoning||R1D-H Single-Unit Detached Residential - High Density|
|Sales Price||$109,000 (See Exhibits "B" and "C" for appraisals.|
* The former library was designated as a Local Historic Landmark in 2004. The selected Redeveloper(s) will be responsible for obtaining all appropriate Historic Review Commission (HRC) approvals.
A. URA Information
As the economic development agency for the City of Pittsburgh (City), the URA is committed to creating jobs, expanding the City’s tax base, and improving the vitality of businesses and neighborhoods within the City. The URA achieves this mission by assembling, preparing and conveying sites for major mixed-use developments and by providing a portfolio of programs that include financing for business location, relocation, and expansion, housing construction and rehabilitation, and home purchases and improvements, among many others. The URA conducts these activities using unique powers granted by the Commonwealth’s Urban Redevelopment Law to deploy and attach conditions to the use of public subsidy and the disposition of publicly-owned land. The URA is committed to equitable development and incorporates best practices for equity and inclusion into the URA's internal and external policies and activities.
The URA is a legal entity separate and distinct from the City of Pittsburgh. The URA works closely with the City in fulfilling its redevelopment mission.
Additional information regarding the URA may be found on the URA’s website at www.ura.org.
B. Neighborhood Context
Hazelwood is a primarily residential neighborhood situated in Pittsburgh’s southernmost valley above the Monongahela River. It shares a border with four other City neighborhoods: Glen Hazel to the east-southeast, Squirrel Hill South to the east, Greenfield to the north, and South Oakland to the northwest. The two arterial roads that provide access to the neighborhood are Second Avenue – running north and south – and Hazelwood Avenue – running east and west. Hazelwood is accessible to Pittsburgh’s major employment hubs – Oakland and Downtown Pittsburgh - via an approximate 10- to 15-minute drive on Second Avenue. Johnston Avenue, a local collector road that runs east-west, allows access to the Waterfront in Homestead by way of Glen Hazel and Squirrel Hill South neighborhoods.
Like many of Pittsburgh’s neighborhoods, Hazelwood has experienced prolonged population decline. Recent U.S. Census data suggests the rate of population loss slowed significantly between 2010 and 2017, keeping in line with the City’s overall population trend. Hazelwood is home to an estimated 3,823 residents and Glen Hazel is home to an estimated 948 residents. Together, these neighborhoods are commonly referred to as Greater Hazelwood and are home to an estimated 4,771 residents. Although most residents shop and dine outside of the neighborhood, recent commercial projects have increased neighborhood options and helped improve local market strength. Please see Section 4.E below for more information.
Hazelwood is home to a number of local institutions including the Hazelwood Branch of the Carnegie Library of Pittsburgh which relocated in 2014 to the business corridor at the intersection of Second Avenue and Tecumseh Street; Propel School which opened in 2014; several churches and faith organizations; and many community-serving, not-for-profit organizations working to improve the quality of life in Hazelwood.
Hazelwood also features significant greenspace (parks and groves) including a portion of the 183-acre greenspace known as the Hazelwood Greenway. These greenspaces are part of the rich recreational amenities within the neighborhood. Other recreational amenities include the Lewis Playground, located on Irvine at Minden Streets, and a KaBOOM! Playground located between Lytle Street and Roma Way, which opened in September 2016. Popular bicycle trails also run through Hazelwood including the Eliza Furnace Trail, which leads to Downtown and crosses over the Hot Metal Bridge onto East Carson Street in the South Side, and the Duck Hollow Trail, which leads to Oakland’s universities, parks and museums. Hazelwood’s unique location also places it within several miles of Schenley Park and Frick Park which feature a combined 1,100 acres of trails, woods and attractions.
The URA has created business district market profiles to provide a statistical snapshot of the area. The market profiles use a 2-minute drive time radius as a designation of the trade/market area around the center of the commercial corridor. These reports are meant to provide basic information and should not be considered conclusive comprehensive market studies. Data has been collected through ESRI Business Analyst, a GIS-based market data program. The 2018 Hazelwood’s Market Profile – Second Avenue Commercial District can be accessed here: https://www.ura.org/business-district-profiles/hazelwood-second-avenue.
The predominantly residential neighborhood of Greenfield is located half a mile north from the site, easily accessible via Hazelwood Avenue. Recent years have shown considerable growth in Greenfield’s for-sale and rental residential markets. In 2010, Greenfield’s population was 7,294, and by 2017 it had grown to 10,039. Bolstered by a mix of young families and students, Greenfield has a minimal commercial footprint relative to its population; many residents leave the neighborhood to shop and dine. The ability to incorporate Greenfield’s burgeoning market into this site’s catchment area makes it all the more exciting as a development opportunity.
C. Community Outreach
Hazelwood is home to several nonprofit advocacy organizations that are dedicated to improving the quality of life for Hazelwood’s residents. These organizations include Hazelwood Initiative, Inc. (HI), a Community Development Corporation dedicated to improving the neighborhood’s economic context by pursuing redevelopment projects; Center of Life, a nonprofit organization focused on empowering the Hazelwood community through programs and services; and the Greater Hazelwood Community Collaborative (GHCC), a coalition of organizations representing a wide variety of resident, nonprofit, business and governmental interests.
D. Neighborhood Planning Initiatives
The Greater Hazelwood Community Collaborative (GHCC) and the City of Pittsburgh’s Department of City Planning (City Planning) launched a neighborhood planning process in January 2017. The goal of this process is to create a comprehensive neighborhood plan that will proactively shape the Greater Hazelwood community for the next ten (10) years, ensuring the clear objective: development without displacement. The Greater Hazelwood Neighborhood Plan (GHNP) - also known as Greater Hazelwood: Our Hands. Our Plan. - will provide goals, policies and programs, and implementation tools to help guide future growth, protect neighborhood character, create new economic opportunity, and enhance the quality of life for all who live, work, visit and invest in Greater Hazelwood (Hazelwood + Glen Hazel). Guided by the community’s vision statement, the GHNP planning process has involved discussion around priority topics like land and the built environment, mobility and transportation, community and economic development, environmental integrity, sustainability and art and cultural heritage. Additional information about the GHNP planning process can be found online at https://pittsburghpa.gov/dcp/ghnp.
Over the past two (2) years, the GHCC-led planning process has been carried out through a steering committee that convened community meetings, focus groups and interviews and empowered community action teams to inform, organize and inspire resident participation. The planning process is near completion. A draft of the GHNP can be found in Exhibit “D”. A final version of the plan will be posted to Public Purchase when it becomes available.
E. Neighboring Development Projects
- Almono LLC’s Hazelwood Green redevelopment project – a 178-acre former brownfield located along the Monongahela River - will have a significant impact on the rest of the Hazelwood neighborhood. The master plan anticipates the build-out of 3,600 mixed-income residential units; almost 72 acres of industrial, green tech, commercial and mixed-use development and 25 acres of parks and open space. In the near future, Hazelwood Green will be home to Carnegie Mellon University’s Next Manufacturing Center and Manufacturing Futures Initiative; Advanced Robotics for Manufacturing (ARM); Uber; and Catalyst Connection (a workforce development organization). See https://www.hazelwoodgreen.com for more information.
- HI and the GHCC purchased Gladstone School for conversion to a mixed-use development including mixed-income rental housing, a permanent home for the Center of Life and its neighborhood-based youth and arts programming, and other job-generating uses. The Center of Life will develop the annex portion of the property.
- The on-going purchase and rehabilitation of scattered sites along the Second Avenue business district, including the Spahr Building (4800 block, corner of Flowers Avenue) for Community Kitchen Pittsburgh; La Gourmandine Bakery (former D’Imperio’s grocery store); Elizabeth Pharmacy (new façade); Floriated Interpretations Nursery (new business); and HI’s purchase of 5017, 4944-48, 4901-4915, and 4838-40 Second Avenue for commercial redevelopment.
- HI, in conjunction with the URA, has been active in rehabilitating single-family properties and selling them as affordable housing. Renovation of upwards of 13 scattered-site vacant homes for homeownership has begun through HI’s Rehab for Resale program.
- The URA has released an RFP for the redevelopment of multiple sites along the Second Avenue/Irvine Street Corridor. The RFP can be found at: https://www.ura.org/proposals/second-avenue-rfp.
- HI’s purchase and planned redevelopment of the former YMCA building on Monongahela Street
- The private redevelopment of the historic Woods House, located at 4604 Monongahela and 160 Tullymet Streets, into a Scottish restaurant and pub is underway with completion planned in late 2019 or early 2020.
- PennDOT is planning improvements to Second Avenue and Hazelwood Avenue. These improvements are intended to help open access to the new developments happening at Hazelwood Green. Additionally, minor street widening in certain locations is being considered.
F. Public Funding and Other Considerations
Interested Redeveloper(s) should note there is no commitment by the URA to provide subsidy for this project. Proposals must take this into consideration.
Please note that the URA is currently using Public Purchase as its new RFP Platform.
Redevelopers must register online at https://www.publicpurchase.com/ to submit their proposal. Additionally, thirteen (13) bound hard copies and one (1) electronic copy (flash drive, CD, or email) should be sent to the address below on or before the due date shown on the cover of this RFP:
Claren Healey, Development Officer
Real Estate Department
Urban Redevelopment Authority of Pittsburgh
412 Boulevard of the Allies, Suite 9
Pittsburgh, PA 15219
All questions regarding this RFP should be submitted through the Public Purchase platform. See instructions on registering for and accessing Public Purchase in Exhibit “E.”
The URA will not reimburse firms for any expenses incurred in preparing responses to this RFP.
The following proposal requirements will serve to establish a Redeveloper’s overall capacity to complete this project and to meet the requirements and obligations associated with the land. Each submission should include the following:
1. RFP Summary Sheet
This should be the cover page and include the firm’s name, contact person, and contact information. See Exhibit “F.” Please include this as a Microsoft Excel document in the electronic submission.
2. Table of Contents
3. Development Team Profile
Provide a description of the development team, including but not limited to the developer, architect, engineer, etc.
4. Project Narrative
a. Description of development scenario and plan – specific use, number, type of units, square footage and affordability mix for residential and/or commercial units
b. Description of preservation efforts to the former library building
c. Parking plans
d. Community engagement plan – explain how you plan to engage the community and how you plan to incorporate their input if selected
e. Describe how the proposed development aligns with the Greater Hazelwood Neighborhood Plan
f. Explanation of ownership entity (single owner, partnership, LLC)
g. Prospective development timeline, including major milestones
5. Schematic Drawings of the Proposed Project
a. Massing Plan
b. Site Plan
6. Financial Capacity
a. Detailed description of the ability to finance the costs associated with the project
b. Identification of the people or entities in the proposed development team, including any and all joint venture, general, or limited partners and respective percentages of interest
c. Role of each listed in b. above in the implementation of the development plan
d. Statement of equity contribution with source identified
e. Letter of Interest or references from lending institutions, if applicable
f. Letters of Interest from potential tenants, if applicable
g. Redeveloper’s financial statements (under separate cover)
a. Financing sources with funding gaps identified
i. If you propose to use Low Income Housing Tax Credits (LIHTC) as a source (either 9% credits or 4% credits), please include a LIHTC equity calculation.
ii. If there is a gap identified and you plan to apply for URA financing, please clearly identify funding amount, source and use
b. Project uses including Redeveloper’s offer as well as projected hard and soft costs
c. Proforma including all anticipated operational and maintenance costs
d. Phased sources and uses, if applicable, with the first phase clearly identified
e. Completion of attached Project Sources and Uses of Funds Template (Exhibit “G”)
8. Minority and Women-Owned Business Enterprise (MWBE) Requirements
a. The URA has a long history of diversity and inclusion within all of its programs and other activities. The URA encourages the full participation of minority and women business owners and professionals in this effort. The URA requires that all applicants demonstrate a good faith effort to obtain minority and women-owned business participation in work performed in connection with URA initiatives. The URA acknowledges and adheres to the City’s goal of 18 percent (18%) minority and 7 percent (7%) women participation.
b. An MWBE narrative needs to be included with the respondent’s proposal. See Exhibit “H” for MWBE Narrative Requirements. MWBE participation can be satisfied by:
i. Ownership/partnership of firm
ii. Use of minority or women-owned businesses as vendors
iii. Subcontracting with firms owned and controlled by minorities and/or women. If this is to be done, that fact, and the name of the proposed subcontracting firms must be clearly identified in the proposal.
c. Any questions about MWBE requirements should be directed to the URA’s MWBE program office at email@example.com.
Notice to MWBE Firms Interested in Contracting Opportunities
If you are an MBE or WBE firm interested in working on this project, you may submit a capability statement describing your firm and the work that your firm would like to perform. Upon receipt of this statement, your firm will be added to a list of potential MWBE subcontractors, to be shared for consideration with the contract awardee(s). Interested firms should send capability statements to firstname.lastname@example.org no later than Thursday, February 27, 2020. Capability statements must be within the scope of work related to this project and clearly identify the limited scope. Please note: Providing a capability statement does not guarantee that your firm will be contacted or contracted to work on this project. The URA will not make an official recommendation as to which MWBE firms the project awardee(s) must utilize. All capability statements submitted by qualifying firms by Thursday, February 27, 2020 will be shared with the selected Redeveloper(s) to aid in the Redeveloper’s good faith effort to meet the 18 percent (18%) MBE and 7 percent (7%) WBE goals for the project.
9. Minority Workforce Inclusion (MWI) Narrative Requirements
a. In accordance with City of Pittsburgh Executive Order Number 2018-03, the URA requires that all respondents demonstrate and document a good faith effort to meet or exceed the City’s 12 percent (12%) minority workforce inclusion (MWI) goal for all URA projects with total project costs of $500,000 or greater. As a matter of policy, all proposal packages submitted to the URA must include an MWI narrative detailing how the respondent plans to meet the URA’s expressed MWI goal of 12 percent (12%). If awarded the project, the respondent will be asked to submit an MWI plan evidencing that 12 percent (12%) of the labor hours are fulfilled by minority workers.
b. MWI participation can be fulfilled by:
i. Employment level of minorities and/or women in the firm
ii. Staffing of minorities and/or women on URA matters
c. See Exhibit “I” for MWI requirements. Any questions about MWI requirements should be directed to the URA’s MWBE program office at email@example.com.
10. Pittsburgh p4 Performance Measures
The p4 Performance Measures are an evaluation tool that informs the alignment of investments in real estate development projects to the City’s commitment to sustainable and equitable practices. If project costs are expected to exceed $2,000,000, a p4 Narrative must be included with the Redeveloper’s proposal. See Exhibit “J” for p4 Narrative requirements.
11. Relevant Development Experience
a. Brief description of similar projects (date, location, concept)
b. Experience with Local and Federal preservation requirements on similar projects
c. Photographs of projects
d. References - strong references include banks, municipal entities, co-developers, tenants and press clippings that include project descriptions to describe previous work
e. Brief description of community engagement in previous projects
12. Other Information
Please provide any other information you believe is pertinent to the URA’s consideration of your firm.
Proposal responses will be evaluated by a review committee comprised of community representatives, representatives of local elected officials, a representative from the Department of City Planning, and various URA staff. The URA intends to make a recommendation to its Board to enter into exclusive negotiations with a Redeveloper.
One or more Redevelopers may be asked to meet with the selection committee in a formal interview process.
A Redeveloper will be selected based on, but not limited to, the criteria listed below. The URA reserves the right to weigh each of these criteria differently and as set forth in Section 9, waive any of these criteria in its discretion.
1. Appropriateness of the proposed plan as it relates to the Greater Hazelwood Neighborhood Plan
2. Redeveloper’s experience in completing similar projects and/or Redeveloper’s training, skills, and experiences that provide evidence of Redeveloper’s ability to complete the proposed development
3. Ability to assemble a team with the appropriate specialties
4. Demonstration of the ability to attract and secure financing
5. Commitment to p4 Performance Measures
6. Commitment to Minority and Women-Owned Business Enterprise (MWBE) participation
7. Experience with community engagement in previous projects and demonstration of commitment to follow the URA’s Community Input Process, (Exhibit “K”), for community participation and interaction for the project
8. Commitment to giving community residents first consideration for employment opportunities
A Redeveloper will be recommended to the URA Board based on the overall quality of the proposed project. The URA does not sell land for speculative purposes. Any such proposal to acquire and hold the land with construction to occur when, and if, it is successfully marketed will be rejected. Furthermore, the URA will reject any Redeveloper which intends to purchase the entire site but develop only a portion of that site. If that is the intention, the Redeveloper should submit a response for a portion of the site.
The evaluation of the Redeveloper’s qualifications, experience and capacity will be based upon information in the proposal submitted by the Redeveloper, interviews, investigation of projects completed by the Redeveloper, assessment of performance in previous undertakings and other pertinent factors. The URA will follow its Disposition Process (see Section 8 below) which includes significant design review and construction oversight.
The URA Board must approve any and all Redevelopers who purchase URA land.
Should the URA Board select a Redeveloper for the site, such Redeveloper will be required to comply with the URA’s Disposition Process. As part of this process, the Redeveloper must show that all funds needed for the fully-realized project are available at the time of closing. In order to give the community a level of comfort that the site will be responsibly redeveloped, the URA will review the Opinion of Probable Cost and construction plans against the evidence of financing to determine if the information presented is reasonable and corresponds. The URA will not close on a property until all the terms of the disposition process are fulfilled. See Exhibit “A” for Disposition Process Overview.
The Redeveloper must be willing to enter into a written Disposition Contract with the URA. The Disposition Contract is the binding document that details the Redeveloper’s plan to design, finance, purchase and construct the redevelopment project. Taxes, liability insurance, site security, and all aspects of owning and redeveloping the property shall be the full responsibility of the Redeveloper at the time of sale as specified in the Disposition Contract.
The URA Board must approve any and all Redeveloper(s) who purchase URA property. Upon URA Board approval, the Redeveloper’s purchase of the property will occur after execution of a Disposition Contract, approval of the final construction documents and issuance of a building permit. The purchase of the property will occur simultaneously with the closing on the Redeveloper’s construction financing.
The URA shall have the right to verify the accuracy of all information submitted and to make such investigation as it deems necessary to determine the ability of a Redeveloper to perform the obligations in the response. The URA in its discretion reserves the right to reject any response when the available evidence or information does not satisfy the URA that the Redeveloper is qualified to carry out properly the obligations of the response; is a person or firm of good reputation or character for strict, complete and faithful performance of business obligations; or if the Redeveloper refuses to cooperate with and assist URA in the making of such investigation.
1. Inspection of Parcel: Redeveloper(s) shall be given an opportunity to inspect the property and the title to the property, among other things. If the Redeveloper is selected and elects to proceed after exercising its due diligence, it shall acquire or take possession of the parcel(s) in “AS-IS” CONDITION, unless otherwise agreed to by the URA in its discretion, in a Disposition Contract.
2. Building Permits, Zoning Variances and Financial Viability: The sale of the property in no way guarantees or warrants grading permits, building permits, zoning variances or financial viability. The URA reserves the right to refuse to sell the property until a Redeveloper is able to obtain all necessary permits.
3. Disclaimer of Liability: Redeveloper(s) acknowledge by submitting information and proposals to the URA that the URA does not undertake any obligations and shall have no liability with respect to the development program, this RFP and responses thereto, nor with respect to any matters related to any submission by a Redeveloper.
4. Minority and Women-Owned Business Enterprises (MWBE) Requirements: The URA requires that all applicants demonstrate a good faith effort to obtain minority and women-owned business participation in work performed in connection with URA initiatives. The URA acknowledges the City’s goal of 18 percent (18%) minority and 7 percent (7%) women participation in planning and/or professional service activities. Any questions about MWBE requirements should be directed to the URA’s MWBE program office at firstname.lastname@example.org.
5. Sustainability Requirements: The selected Redeveloper(s) will be required to demonstrate a good faith effort to incorporate environmentally sustainable features and practices into their development plan. If selected by the URA’s Board of Directors as the Redeveloper(s) for this project, the Respondent(s) will be asked to submit an updated MWBE Narrative with its Redevelopment Proposal Package, and a detailed p4 checklist prior to closing on a loan and/or land transaction.
6. The Redeveloper(s), for itself and its employees, contractors, and primary subcontractors, agrees not to discriminate against or segregate any person or group of persons on any unlawful basis in the construction, sale, transfer, use, occupancy, tenure or enjoyment of the property or any improvements erected or to be erected thereon, or any part thereof.
7. The URA reserves the right to accept an offer or proposal other than the highest offer.
8. The URA reserves the right to negotiate with any, all, or none of the Redevelopers and to recommend another Redeveloper in the event that the originally selected Redeveloper defaults or fails to execute a disposition contract.
9. The URA shall be the sole judge as to which, if any, proposals and Redeveloper(s) best meet the selection criteria. Notwithstanding anything in this RFP to the contrary, URA reserves the right to reject any or all proposals received, to waive any submission requirements contained within this RFP, and to waive any irregularities in any submitted proposal.
10. This RFP is submitted subject to errors, omissions and/or withdrawal without notice by the URA at any time.
11. All proposals, including attachments, supplementary materials, addenda, etc. shall become the property of the URA and will not be returned.
12. Addenda will be posted on Public Purchase. All such addenda shall become part of the RFP documents. All Redevelopers shall be bound by such addenda, whether or not received by the Redevelopers.
13. Conflicts of Interest: Responsive firms and their team members must have no conflicts of interest with regards to any other work performed by the Redeveloper for the URA, the City, or any related entity.
14. RFP Compliance: All responsive firms must adhere to the instructions contained in this RFP in preparing the submitted proposal.
15. Waiver of Defects: The URA shall be the sole judge as to which Redeveloper(s) best meet the selection criteria. The URA reserves the right to reject any or all qualifications submitted. The URA reserves the right to reject any proposal for failure to comply with the requirements of this RFP. The URA further reserves the right, in its sole discretion, to waive any such defect(s) or failure(s). Submission of a response indicates acceptance by the firm of the conditions contained in this RFP.
16. Nondiscrimination: Each responsive firm agrees not to discriminate, whether in employment, contracting or otherwise, in violation of any federal, state, or local law and/or on the basis of sexual orientation, gender identity and/or gender expression.