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<br />General Terms & Conditions <br />Continued <br />Page 2 of 4 <br /> <br />3. METHOD OF AWARD <br />Evaluation will be based on the criteria stated in the RFP. The best proposal submitted <br />by a responsible offeror will be negotiated with the City of La Porte. If proposal amounts <br />exceed the available funds to finance the contract, the Owner may reject all proposals or <br />may award the contract on a negotiated proposal with deductible alternates applied in <br />numerical order in which they are listed on the Form of Proposal, as produces a net <br />amount, which is within the available funds. <br /> <br />The City of La Porte reserves the right to waive any informalities or technical errors, that <br />in its judgment will best serve the interests of the City. <br /> <br />4. FUNDING OUT CLAUSE <br />The City of La Porte warrants that funds are available to pay for this contract until the end <br />of its current fiscal year and warrants funds will be requested to make payment in each <br />appropriation period from now until the end of the last renewable option year. However, if <br />funds are not made available after such request, then the City of La Porte may terminate <br />this agreement with thirty (30) days written notice. <br /> <br />5. QUALIFICATIONS OF OFFEROR <br />At the time of the opening of proposals, each offeror will be presumed to be thoroughly <br />familiar with the plans and contract documents (including all addenda). The failure or <br />omission of any offeror to examine any form, instrument, or document shall in no way <br />relieve any offeror from any obligation in respect of his proposal. <br /> <br />The Owner may make such investigations as he deems necessary to determine the ability <br />of the offeror to perform the work, and the offeror shall furnish to the Owner all such <br />information and data for this purpose as the Owner may request. The Owner reserves the <br />right to reject any proposal if the evidence submitted by, or investigation of, such offeror fails <br />to satisfy the Owner that such offeror is properly qualified to carry out the obligations of the <br />contract and to complete the work contemplated therein. Conditional proposals will not be <br />accepted. <br /> <br />6. CONDITIONS OF WORK <br />Each offeror must inform himself fully of the conditions relating to the construction of the <br />project and the employment of labor thereon. Failure to do so will not relieve a successful <br />offeror of his obligation to furnish all material and labor necessary to carry out the provisions <br />of his contract. Insofar, as possible contractor, in carrying out his work, must employ such <br />methods or means as will not cause any interruptions of or interference with the work of any <br />other contractor. <br /> <br />6 <br />