Fire_Bureau_Equipment_Financing_Services.pdf

REQUEST FOR PROPOSAL

2026-RFP ELA-114

FIRE BUREAU EQUIPMENT FINANCING SERVICES

City of Pittsburgh

City-County Building

Pittsburgh, PA 15219

RELEASE DATE: July 7, 2026

DEADLINE FOR QUESTIONS: July 20, 2026

RESPONSE DEADLINE: July 27, 2026, 5:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/pittsburghpa https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of Pittsburgh

REQUEST FOR PROPOSAL

Fire Bureau Equipment Financing Services

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. Authority Terms & Conditions X. Miscellaneous Requirements

XI. Vendor Questionnaire XII. Pricing Proposal

Request for Proposal #2026-RFP ELA-114 Title: Fire Bureau Equipment Financing Services

1. Introduction

1.1. Summary

The City of Pittsburgh, on behalf of the Equipment Leasing Authority of the City of Pittsburgh (the

"ELA"), invites you to submit a proposal for Fire Bureau Equipment Financing Services to support the acquisition of fire apparatus, emergency response vehicles, specialty equipment, and other related capital assets through a flexible, tax-exempt municipal financing program.

1.2. Contact Information

Jessie Nusser

Sourcing Specialist

414 Grant St

Suite 502

Pittsburgh, PA 15219

Email: jessica.nusser@pittsburghpa.gov

Phone: (412) 255-2458

Department:

Equipment Leasing Authority

1.3. 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 July 7, 2026

Question Submission Deadline July 20, 2026, 3:00pm

Proposal Submission Deadline July 27, 2026, 5:00pm

Proposal Review and Supplier Scoring Specify the general time for Review and Scoring -

July 26

Contract Award Specify the general time for Contract Award - July mailto:jessica.nusser@pittsburghpa.gov tel:(412)255-2458

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. Fire Bureau Equipment Financing Services

The Equipment Leasing Authority of the City of Pittsburgh ("ELA") is seeking proposals from qualified financial institutions to provide tax-exempt municipal financing services for Fire Bureau apparatus, emergency response vehicles, specialty equipment, and related capital assets.

The successful respondent shall provide financing solutions that support one or more equipment acquisitions during the term of the agreement. Financing may include master financing agreements, lease-purchase financing, draw-down funding capabilities, manufacturer pre-payments, rate lock options, and other financing structures permitted under Pennsylvania law.

The ELA anticipates financing multiple projects over the term of the agreement; however, final equipment types, quantities, acquisition schedules, and financing amounts have not yet been determined and may be modified at the sole discretion of the Authority. The successful respondent shall demonstrate the ability to provide flexible financing solutions that accommodate extended manufacturing lead times, phased equipment deliveries, and evolving capital investment priorities.

3.2. Scope of Services

The Equipment Leasing Authority, on behalf of the City of Pittsburgh, plans to lease multiple types of fire apparatus and their related equipment. The specifications of these pieces of equipment are being solicited separately. The exact manufacturers and vehicles are still unknown at this time. We would like to see proposals under multiple financing options.

The Lessor shall provide options for prepayment to the manufacturer so that the City may take advantage of all prepayment discounts. The ELA would also like to see options for payment upon delivery. The equipment manufacturer will provide the Lessor with a performance bond to ensure delivery of equipment for the full amount of the purchase upon contract execution.

3.3. Requirements

Specific functions of the lease agreements may include, but not necessarily be limited to, any or all of the following:

· Term of each lease transaction shall not exceed five (5) years. Please provide the following options: five

(5) year payment with zero down payment, as well as a four (4) year payment with a down payment of

$4,000,000.

· Amount of total leases (principal only) shall not exceed $18,000,000.

· The City shall have the right to auction unusable or damaged equipment and or vehicles with the permission of the vendor. Proceeds shall be used as a prepayment against that lease.

· The City shall have the right to pre-pay and or pay off leases any time during the term without penalty.

· The City shall own equipment at the end of term.

· There shall not be any lending issuance costs.

· Lease funds shall be made available to the City within five (5) business days of the request.

· Equipment leased shall be insured through the City’s self-insured policy.

· Payment shall occur at least annually

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.

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 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.

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, Experience and

References

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 15 (15% of Total)

2. Qualifications of Team

Vendor response provided 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.

Points Based 15 (15% of Total)

3. Project Approach and Plan

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 30 (30% of Total)

4. Cost Proposal

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.

Points Based 30 (30% of Total)

5. MWDBE/VOSB Good Faith Effort

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

MWDBE & VOSB Participation.

Points Based 10 (10% of Total)

6. Equal Opportunity Review Commission Terms

6.1. MWE/DBE

The City of Pittsburgh Equipment Leasing Authority 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

ELA's goal to encourage increased participation of women and minority groups in ELA contracts.

The ELA 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 ELA contracts. The levels of MBE and WBE participation will be monitored by the

City of Pittsburgh's 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 ELA'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 ELA requires that all respondents demonstrate good faith efforts to obtain the participation of veteran-owned small business in work to be performed under ELA contracts. The levels of veteran-owned participation will be monitored by the City of Pittsburgh's 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 ELA 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 ELA, 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 ELA cannot process invoices nor approve payments until this Contract has been fully executed by the Respondent and all required 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 ELA contracts. For this reason the ELA will not sign any standard contract proffered by the respondent.

An agreement shall not be binding or valid with the ELA unless and until it is fully executed by authorized representatives of the ELA and of the Proposer. Once the Contract is fully executed the ELA 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 ELA 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 ELA has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by a proposer, and proposer hereby grants the ELA 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 ELA's review and approval, for a period of one hundred twenty (120) days from the closing date for the receipt of proposals.

The ELA 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 ELA shall not be responsible for nor bound by any oral instructions, interpretations or explanations issued by the ELA 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 ELA reserves the right to determine, at its sole discretion, the appropriate and adequate responses to written comments, questions, and requests for clarification. The ELA's official responses and other official communications pursuant to this RFP shall constitute an addendum of this RFP.

D. The ELA 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 ELA'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 ELA.

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

ELA; •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 ELA, which results in termination of the agreement.

8.9. Restrictions on Gifts & Activities

The City of Pittsburgh Ethics Code and Chapter 198 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 Equipment Leasing Authority

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

The ELA 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 ELA;

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 ELA's sole judgment, has been delinquent or unfaithful in the performance of any contract with the ELA;

L. Reject the proposal of any Respondent who, in the ELA'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 ELA.

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 ELA.

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

8.11. Ensuring Equal Employment Opportunity for Persons Previously Convicted

CONSULTANT shall comply with Pittsburgh Code Section 161.16A.

9. Authority Terms & Conditions

9.1. Definitions

I. DIRECTOR: It is agreed by the parties to this contract, that unless otherwise specified, wherever the word Director occurs in the contract, it will be considered as referring to the Director of the City

Department or the Chairperson of the ELA issuing the contract.

II. CITY: The City of Pittsburgh, a municipal corporation of the Commonwealth of Pennsylvania.

III. ELA: The City of Pittsburgh Equipment and Leasing Authority, a municipal authority legally separate from the City of Pittsburgh.

IV. CONTRACTOR: It is agreed by the parties hereto that wherever the word Contractor, or the pronoun(s) in place thereof are used in this contract, they are to be considered as referring to and meaning the contracting party or parties, or such party or parties seeking to enter into a contract with the City of Pittsburgh, as the case may be, or the legal representatives of such party or parties.

9.2. Alterations/Corrections

Any alteration, erasure, addition to or omission of required information, change of the specifications or bidding schedule, is made at the risk of the prospective contractor and may result in the rejection of the response, unless such changes are authorized by the specifications.

9.3. Execution of Responses

Responses are to be executed, by the following persons:

I.CORPORATION - The President or Vice President, and one of the following: Secretary, Treasurer, Assistant Secretary or Assistant Treasurer.

If a response is executed by any other person, a power of attorney, a copy of the bylaws, or a resolution of the Board of Directors documenting the authority of that person to sign the response must accompany the response. The power of attorney, bylaw, or resolution must be certified by the

Corporate Secretary as a true and correct copy, still in force as of the date of the execution of the contract.

II. PARTNERSHIP - At least one (1) of the partners.

III. SOLE PROPRIETORSHIP - The individual owner.

IV. BUSINESS OPERATING UNDER A FICTITIOUS NAME - Entities operating a business under a Fictitious

Name must execute the contract in the name of the entity trading and doing business as the Fictitious

Name.

9.4. Performance and Bid Bonds

Whenever a bid bond or performance bond is required, the respondent may meet the requirement by submitting an acceptable cashier's check, certified check, banker's check or an irrevocable letter of credit in the amount required. Whenever a performance bond is required, the successful respondent shall keep all provisions and requirements of the bond up-to-date throughout the term of the contract.

9.5. Insurance

A certificate evidencing the following minimum insurance must be provided when award is made, unless otherwise specified:

a. GENERAL LIABILITY Single limit of Bodily Injury and Property Damage Combined: $500,000.00 each occurrence. $1,000,000.00 aggregate.

b. EQUIPMENT LEASING AUTHORITY OF THE CITY PITTSBURGH must be listed as "Additional Insured' on the insurance certificate.

NOTE: The name(s) of the insured on the certificate must be the same as the name(s) of the Contractor listed on the bid document.

c. Insurance coverage must be an “OCCURRENCE POLICY". "Claims made” policies are unacceptable.

d. WORKERS’ COMPENSATION: STATUTORY LIMITS.

e. AUTOMOTIVE LIABILITY INSURANCE – MINIMUM REQUIREMENTS: $500,000 for each individual occurrence and $1,000,000 in aggregate coverage.

f. PROFESSIONAL LIABILITY (Required for Professional Services Only): Coverage as shall protect the

Supplier and any subcontractor performing work under the Contract, from claims errors and omissions which arise from operation of the Contract, whether such operations are performed by the Supplier, any subcontractor, or anyone directly or indirectly employed by either. The amounts of such insurance shall not be less than $1,000,000 each occurrence/aggregate and $1,000,000 excess liability, each occurrence/aggregate.

Insurance must be maintained in full force and effect throughout the term of the contract. If insurance must be renewed during the term of the contract, the new certificate of insurance must be forwarded to:

Equipment Leasing Authority of the City of Pittsburgh

414 Grant Street, Room 526

Pittsburgh, PA 15219

Failure to provide and renew such insurance as required shall be deemed a material breach of contract and shall be a basis for immediate termination of this Contract and any related Bid Agreement. The insurance requirements of this provision shall be in addition to any other insurance requirements of this

Contract.

9.6. Tax Status of Authority

The Equipment Leasing Authority of the City of Pittsburgh is exempt from Federal excise taxes, transportation taxes and state sales taxes. Therefore, respondent should not include any such taxes in its calculations or in the prices bid. Any sales tax invoiced to the Authority shall not be paid.

9.7. Firm Price Bids

The Authority cannot allow escalation of prices during the contract term. All contracts are for fixed prices. Such statements as "interest charges applied on accounts 30 days or older" or "prices subject to revision" are considered escalation clauses. Any reference in documents submitted with a response indicating that the prices are not firm may be cause for rejection of the response.

9.8. Anti-Discrimination

Contractor shall not discriminate in its employment on the basis of race, color, religion, ancestry, national origin, place of birth, sex, age, disability, non-job related handicap, or sexual orientation.

Contractor shall comply with the applicable provisions of the Pittsburgh Code of Ordinances, Title Six -

Conduct Article V Discrimination, and any amendments thereto. Contractor also shall comply with the applicable provisions of Title I and Title II of the Americans with Disabilities Act, any amendments thereto and any regulations issued thereunder. Contractor shall incorporate in any subcontracts which may be permitted under the terms of the contract, a requirement that said subcontractors also comply with the provisions of this section.

9.9. Contractor to be Qualified and Responsible

Before any Bid Agreement is awarded subsequent to the execution of this Contract, prospective

Contractors must satisfy the Authority that they have the requisite organization, capital, plant, ability and experience to satisfactorily perform the work under this Contract in accordance with the terms and conditions herein and in conformity with the best modern practices and industry standards.

Award shall be made to the lowest responsible bidder on an item by item or low total basis as the

Authority determines is in its best interests. Respondents should be mindful that the lowest-priced response may not be the lowest responsible bidder. “Lowest responsible bidder” is defined in

Pittsburgh’s Authority Code and via established case law.

9.10. Collusion Between Respondents

If the Authority forms a reasonable belief that a prospective Contractor is interested in more than one proposal for the same project that is sufficient cause for rejection of all proposals in which collusion between respondents is suspected.

9.11. Rejection of Responses

The Authority reserves the right to reject, for any reason, any or all responses if it is in the best interest(s) of the Authority to do so.

9.12. Payment Under Bid Agreement

It is the intent of the Authority to pay all invoices resulting from work performed under a Bid Agreement for a Project within forty-five (45) calendar days from invoicing. The Authority CANNOT pay any

INTEREST CHARGES or LATE PAYMENT CHARGES. Any inclusion of such charges may disqualify the proposal from award consideration and/or will be disregarded by the Authority. Invoices for payment must be received within thirty (30) calendar days of the completion of work or delivery. Authority reserves the right to reject, not pay, or reduce total compensation for all invoices that are submitted more than 30 days after delivery of goods or completion of services. Payment for unit(s) will be processed only after unit(s) bid has/have been verified as complying with specifications and accepted by the Authority. All invoices shall be submitted to:

Equipment Leasing Authority of the City of Pittsburgh

414 Grant Street, Room 526

Pittsburgh, PA 15219

9.13. Notice of Award

Regardless of any notification of award to any prospective Contractor, all responses remain open and acceptable by the Authority for ninety (90) days from the bid opening date. Nothing in this paragraph is to be considered a waiver of the Authority's rights against a prospective Contractor who fails to execute a contract once it is awarded.

9.14. Compliance with Pennsylvania "Right to Know" Law; Superfund

The Authority of Pittsburgh is obligated to comply with the Pennsylvania Worker and Community Right to Know and Superfund Amendments and Reauthorization Act (“SARA”) Title III laws. Successful

Contractors, where applicable, must submit a Material Safety Data Sheet (“MSDS”) for hazardous chemicals. Submit all Material Safety Data Sheets to:

Equipment Leasing Authority of the City of Pittsburgh

414 Grant Street, Room 526

Pittsburgh, PA 15219

9.15. Prices

All prices submitted by the Respondent shall be based upon the following:

a. No taxes of any kind shall be included in any price.

b. All transportation costs of every kind, including transit insurance, required to effectuate the delivery of the items shall be included in every price. All items shall be delivered F.O.B. destination.

c. No discounts of any kind shall be included in any price. Discounts, if any, offered to the Authority for prompt payment shall be available for a period of not less than forty five (45) days after acceptance by the Authority of the items. If offered, discounts must apply to the total price of items as to which the

Authority accepts this Proposal, which may be fewer than the total number of items as to which the

Respondent proposes. The size of discounts, but not the length of time therefore after forty five (45) days, will be considered by the Authority in determining the lowest responsible bid meeting specifications.

d. All prices quoted shall be firm prices without contingencies for increase. No reference to price increases is permitted. No price increases will be permitted for any reason, including inflation or scarcity. The Respondent hereby expressly waives its right to the defense of impracticability of performance or similar defenses. No separate terms, including, but not limited to, interest of any kind or in any amount, may be included for late or partial payments by the Authority.

9.16. Use of Trade Names

Respondent agrees and warrants that whenever the respondent, in its response, describes goods by trade name, catalog number, or "as per sample", the goods so described conform to the specifications.

The unauthorized use of any patented articles is done entirely at the risk of the successful respondent.

9.17. Indemnification

CONTRACTOR hereby agrees to indemnify, save and hold harmless, and defend AUTHORITY, its officers, agents and employees from and against all liens, charges, claims, demands, losses costs, judgments liabilities, and damages of every kind and nature whatsoever, including court costs and attorney’s fees arising by reason of: the performance by CONTRACTOR of any services under this Contract; any act, error or omission of CONTRACTOR or of an agent, employee or licensee of CONTRACTOR or subcontractor of CONTRACTOR; and any breach by CONTRACTOR of any of the terms conditions or provisions of this Agreement.

9.18. Contractor Thoroughly Informed as to Work

Contractor hereby affirms that s/he has read each and every clause in the advertisement, Information to

Prospective Contractors, specifications and agreements relating to this work and fully understands the meaning of each, and hereby agrees that s/he will comply with all the terms, covenants and agreements herein set forth; and that s/he fully understands the character of the work to be performed under this contract.

9.19. Settlement of Disputes

It is expressly covenanted and agreed that in the event of a disagreement or controversy arising between the Contractor and the Authority as to the interpretation, specifications, or proper execution of this contract, or as to settlement thereunder, or in the event any disagreement, as to any dispute under this contract or the work involved, such dispute shall be brought immediately to the Authority’s attention in writing. The Authority shall decide upon the dispute and such decision shall be final and conclusive, as to all matters in controversy, without exception or appeal, and all right(s) of action at law, in equity or otherwise, under and by virtue of this contract are hereby expressly waived.

9.20. Assignment; Contracting

Contractor shall not assign this contract or any right to monies to be paid hereunder without the written consent of Authority. None of the services covered by this contract shall be subcontracted without the prior written approval of Authority. It is further agreed that no subcontract, if consented to, shall under any circumstances relieve the Contractor of any liabilities and obligations under this Contract, and should any subcontractor fail to perform the work undertaken in a satisfactory manner, such subcontract must be terminated immediately and ended by the Contractor upon notice of the Authority

Chair so to do. The successful respondent shall be responsible to require his sub-contractors to comply with all of the insurance requirements of this agreement.

9.21. Home Rule Charter

This contract is subject to the provisions of the Pittsburgh Home Rule Charter where applicable.

9.22. Prevailing Wage Ordinance

The Contractor agrees that section 161.16(e) of the Pittsburgh Code of Ordinances, stating that the

Contractor shall pay at least the applicable prevailing wages as shall have been determined by the

Secretary of Labor and Industry to the workers employed in the performance of any contract for public work subject to the Pennsylvania Prevailing Wage Act approved August 15, 1961 (Act No. 442), as amended August 9, 1963 (Act No. 342), and the regulations issued pursuant thereto, and all supplements and amendments thereto, shall be made a part of this Prequalified Contract as fully as if attached hereto, and that s/he will comply in all respects with the provisions thereof, insofar as the same affects this contract.

9.23. Anti-Sweatshop Provisions

The Contractor certifies that none of their goods or products were made under sweatshop conditions as defined in § 161.02(e) of the City Code.

If the Authority is presented with information that would lead the Authority to reasonably believe that the Contractor or its suppliers may be obtaining goods or products for sale, re-sale, lease or rental to the

Authority that where made under sweatshop condition, upon request of the Authority, Contractor shall disclose information, data and materials reflecting Contractor’s practices as they pertain to the procurement and manufacturing of goods/products in compliance with the Anti-sweatshop provisions of

Pittsburgh Code Section 160.02.

9.24. Workers Compensation

Contractor hereby agrees to perform the work described in this Contract in accordance with the terms herein and further certifies that it has accepted the provisions of the Worker's Compensation and

Occupational Disease Acts, as amended and supplemented, insofar as the work covered by this contract is concerned, and that it has insured its liability thereunder in accordance with the terms of the said

Acts, as evidenced by the certificate of insurance it has caused to be attached hereto, or will file with the

Authority before the execution of this Contract, a certificate of exemption form for insurance from the

Bureau of Workmen’s Compensation of the Department of Labor and Industry.

9.25. Compliance with Laws

The unit(s) proposed to be furnished shall, at the time of delivery, conform in all respects with rules, regulations, and requirements of the unit code and all other laws, regulations, etc., relating to the Motor unit Code of the Commonwealth of Pennsylvania. In addition, the unit must comply at delivery with applicable City and Federal laws and regulations. All units must be delivered with the most current

Pennsylvania State Inspection sticker affixed. Any response submitted must meet the Pennsylvania Buy-

American Laws and the Buy American requirements of section 1605 of the American Recovery and

Reinvestment Act of 2009, to the extent applicable.

9.26. Governing Law

The contract that is formed subject to these articles of Agreement will be construed and interpreted in accordance with the laws of the Commonwealth of Pennsylvania.

9.27. Debarment

Contractor warrants that it is not prohibited from entering into this Contract with the Authority by reason of disqualification under subsection (b) of Section 161.22 of the Pittsburgh Code. An affidavit certifying compliance with this Section is attached hereto as an Exhibit and incorporated into and made a part of this Contract.

9.28. Statement of Affiliations

Contractor hereby files a Statement of Affiliations with the Authority, attached hereto as an Exhibit, in compliance with Section 197.08(c) of the Pittsburgh Code.

9.29. Termination

In addition to any rights of termination set forth elsewhere in this Contract or any related Bid

Agreement, the Authority may terminate this Contract at any time, without cause or liability, by giving

Contractor thirty (30) days advance written notice of its intention to terminate.

9.30. Option to Extend

The Equipment Leasing Authority in cooperation with the successful Contractor(s) in regard to this

Contract, reserves the right to extend this Contract for up to ninety (90) days after the indicated expiration date. This mechanism would be utilized in the event that a lapse in the current Contract occurs before a new contract can be established for the demolition services required by the Authority.

When applicable, an extension notice will be issued defining the exact extension of this Contract; all other terms and conditions of the extended contract will remain in full force and effect.

9.31. New Material

Unless otherwise provided in the specifications, all goods to be supplied to the Authority shall be from new, unused, current stock.

9.32. Estimated Quantities

Unless otherwise provided in the specifications, any references in the specifications to quantities of goods or frequency of services to be provided to the Authority are estimates, and the Authority reserves the right to require the successful respondent to provide more or less than the estimated quantity or frequency, or to purchase none at all.

9.33. Delivery Point and Time

Unless otherwise provided in the specifications, the goods and services to be delivered or provided shall be delivered to or provided at any place or places within Pittsburgh, Pennsylvania, which the Authority may designate. All deliveries are to be F.O.B. point of delivery. Unless otherwise provided in the specifications, the successful respondent shall provide all goods and services within thirty (30) days from the date of the Authority's request therefore.

9.34. Conformance to Specifications

Respondent agrees and warrants that whenever the respondent, in its response, describes goods by trade name, catalog number, or "as per sample", the goods so described conform to the specifications.

The unauthorized use of any patented articles is done entirely at the risk of the successful respondent.

9.35. Force Majeure

Neither Contractor nor the Authority shall be held responsible for losses resulting if the fulfillment of any terms or provisions of an award resulting from this Contract is delayed or prevented by unforeseeable causes including but not restricted to Acts of God, restraint of Government, or for any other causes which are unavoidable through the exercise of due care and beyond the control of the party who is to perform.

9.36. Unique Responses

Each respondent may only submit one (1) response on behalf of the organization and all subsidiaries.

9.37. Piggybacking

It is understood that the goods and services described in the specifications may be purchased by the

Authority and any other municipal bodies as set forth in the specifications and respondent agrees to supply the goods and services to the municipal bodies on the same terms and conditions as if they were to be supplied to the Authority. To the extent that the municipal bodies purchase goods or services, then the municipal bodies, and not the Authority, shall be liable to the respondent.

9.38. Non-Exclusivity

The Authority reserves the right at its sole discretion to utilize other contracts (such as Commonwealth of Pennsylvania or County of Allegheny contracts) for the services described herein. The Authority also reserves, at its sole discretion, the right to respond separately any services that may be included in this agreement.

9.39. Response Errors

If a respondent submits a response with a price that is patently incorrect, such that a “reasonable person” would recognize the error, the respondent shall be given the opportunity to withdraw the entire response or only the incorrect line item in a response. If the respondent wishes to withdraw the entire response or only a line item, the respondent shall, within five working days of bid opening, state in a letter to the Authority the reason for the mistake and request that the Authority not consider the response or line item for award.

9.40. Specification Errors and Bulletins (Amendments)

If any alleged errors are noted in the bid specifications, respondent should immediately notify the

Authority and, if confirmed, a bulletin shall be sent to all respondents. A copy of all bulletins issued shall be submitted electronically with the suppliers response.

9.41. Clarification

The Authority reserves the right to request clarification of any response before award.

9.42. Qualified Respondent

All respondents must be merchants dealing in the goods and services on which they respond, and must be qualified to advise as to their application and use. Respondents warrant, and must be able, upon request, to demonstrate, that they possess the knowledge, experience, skill, capital, stock, charters, licenses, permits, patents and personnel necessary to satisfactorily perform the contract for which they submit response.

9.43. Samples

a. By submitting a response, the respondent agrees to deliver to the Authority, at the Authority’s request and at no cost to the Authority, samples of any or all items upon which the respondents response. Said samples shall not be returned to the respondent. Inspection or testing by the Authority does not constitute a waiver of any claims or rights which the Authority otherwise would have with respect to the quality of goods or workmanship. Authority shall specify the quantity of samples. If respondent inadvertently provides an incorrect sample or otherwise wishes to exchange the submitted sample with a correct sample, the respondent shall provide a detailed written explanation to the

Authority and have a legitimate reason for the exchange. The respondent shall have only one opportunity to perform such an exchange.

b. Authority, at its sole discretion, shall have the right to arrange for testing of samples to determine whether they are within bid specification. Authority shall indicate to respondent that it desires testing and advise which samples are to be tested and for what purpose. The following additional guidelines shall be followed:

1. Laboratoryesting facility used shall be pre-approved by Authority;

2. Suppliers shall be solely and fully responsible for the expenses of testing regardless of whether or not the tested sample(s) meets specification;

3. Authority and respondent shall immediately communicate upon Authority’s request for testing to determine which laboratoryesting facility shall be used, as well as the time frame in which tests are to be conducted and reported to Authority;

4. The laboratory which tests the samples shall report its results directly to both Authority and respondent.

9.44. Pre-Printed Terms and Conditions

Respondent's pre-printed Terms and Conditions or restrictions commonly appearing on the reverse side of letters submitted with the response and/or respondent's specifications material and contract documents shall be disregarded and have no effect.

9.45. Solicitation Only

This is a solicitation only and is not intended to be nor should it be construed to be an offer to enter into any contract or other agreement.

9.46. Fatal Response Errors

The following errors shall be…