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• Make the selection based on its sole discretion; 6.1.C. - Page 20 <br />• Reject any and all proposals; <br />• Issue subsequent Request for Proposal; <br />• Postpone contract start date for its own convenience; <br />• Remedy technical errors in the RFP process; <br />• Approve or disapprove the use of particular sub -consultants; <br />• Negotiate with any, all or none of the Proposers; <br />• Accept other than the lowest offer; <br />• Cancel the RFP and reject any and all quotations in whole or in part when it is in <br />the best interest of the City; <br />• Waive informalities and irregularities in the proposals; <br />• Accept, modify, or reject any items of the proposal; <br />• Enter into an agreement with another Proposer in the event the originally <br />selected Proposer defaults or fails to execute an agreement with the City; and, or <br />• Enter into an agreement with multiple Proposers for different portions of work <br />as outlined. <br />An agreement shall not be binding or valid with the City unless and until it is executed by authorized <br />representatives of the City and of the Proposer. <br />9. Contract Type, Term and Method of Payment <br />It is anticipated that the contract resulting from this RFP, if awarded, will be a not -to -exceed budget <br />contract for repairs, based upon the hourly costs of labor in conjunction with the cost of any <br />necessary parts and supplies, and a flat rate contract for preventative maintenance. The first term <br />of the contract shall be for one year, with an option to extend the contract up to two additional two- <br />year terms for a total of five years. <br />Rates may be reviewed each term by the successful proposer and the City, and rate increases may <br />be requested in writing with detailed justification. Nevertheless, the maximum increase in labor <br />and/or equipment costs in any calendar year shall be three percent (3%) or the most recent <br />proceeding increase in the Consumer Price Index (CPI) for the West Coast published by the United <br />States Department of Labor, Bureau of Labor Statistics, whichever is less. Exceptions related to <br />equipment costs shall be justified in letter format to the City with supporting information. <br />A Sample Agreement is provided as Attachment D. The method of payment to the successful <br />Proposer shall be a flat fee for preventative maintenance and an hourly with a maximum "not to <br />exceed" fee for repairs as set by the Proposer in the Proposal, or as negotiated between the <br />Proposer and the City as being the maximum cost to perform all work. This figure shall include direct <br />costs and overhead, such as, but limited to, transportation, communications, subsistence and <br />materials and any subcontracted items of work. The City requires the successful Proposer to submit <br />detailed monthly invoices as described in Attachment A — Scope of Services. Monthly invoices <br />should be sent to the City after the completion of the task. Invoices are customarily paid on a net <br />30 -day basis. <br />10. Review and Selection Process <br />City staff will evaluate the proposals based on the following criteria: <br />PUBLIC WORKS SERVICES DEPARTMENT <br />FY2017-18 STORM PUMP PM AND ON-CALL REPAIR RFP 7 of 23 <br />