04-13-13 Special Meeting of La Porte City Council

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Instructions to Respondents Continued Page 2 of 4 3. COOPERATIVE PURCHASE Vendors awarded contracts through Cooperative Purchasing Programs are encouraged to submit proposals. Proposals must be submitted on the appropriate Cooperative form, i.e. H-GAC, BuyBoard, etc. 4. METHOD OF AWARD Evaluation will be based on the criteria stated in the RFP. The best proposal submitted by a responsible respondent will be negotiated with the City of La Porte and one or more vendors may be allowed to present a best and final offer. If proposal amounts exceed the available funds to finance the contract, the Owner may reject all proposals or may award the contract on a negotiated proposal with deductible alternates applied in numerical order in which they are listed on the Form of Proposal, as produces a net amount, which is within the available funds. The City of La Porte Council reserves the right waive any informalities or technical errors, consider alternate proposals and award as lump sum, individual basis, or any combination, that in its judgment, will best serve the interests of the City. 5. FUNDING OUT CLAUSE The City of La Porte warrants funds are available to pay for this contract until the end of its current fiscal year and warrants that funds will be requested to make payment in each appropriation period from now until the end of the last renewable option year. However, if funds are not made available after such request, the City of La Porte may terminate this agreement with thirty (30) days written notice. 6. QUALIFICATIONS OF RESPONDENT At the time of the opening of proposals, each respondent will be presumed to be thoroughly familiar with the plans and contract documents (including all addenda). The failure or omission of any respondent to examine any form, instrument, or document shall in no way relieve any respondent from any obligation in respect of their proposal. The Owner may make such investigations as deemed necessary to determine the ability of the respondent to perform the work, and the respondent shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any proposal if the evidence submitted by, or investigation of, such respondent fails to satisfy the Owner that such respondent is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional proposals will not be accepted.