11-12-12 Meeting of the La Porte Development Corporation Board of Directors

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