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6.1.F. - Page 16 <br />a revised unit price schedule and supporting CPI information for any requested <br />changes. <br />H. PURCHASE ORDER AWARD <br />PWS will recommend to the awarding authority the award of a purchase order to the <br />lowest responsive and responsible Bidder. Award of purchase order occurs when a <br />Purchase Order is issued or other evidence of acceptance by the City is provided to <br />the Bidder. A Recommendation of Award does not constitute an award. <br />I. RIGHTS OF THE CITY <br />This NIB does not commit the City to issue an award, nor does it obligate the City to <br />pay for any costs incurred in preparation and submission of bids or in anticipation of a <br />purchase order award. The City reserves the right to: <br />• Make the selection based on its sole discretion; <br />• Reject any and all bids; <br />• Issue subsequent Notices Inviting Bids; <br />• Postpone award start date for its own convenience; <br />• Remedy technical errors in the NIB process; <br />• Approve or disapprove the use of particular sub -consultants; <br />• Negotiate with any, all or none of the Bidders; <br />• Cancel the NIB 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 bids; <br />• Accept, modify, or reject any items of the bid; <br />• Enter into an agreement with another Bidder in the event the originally selected <br />Bidder defaults or fails to execute an agreement with the City; and <br />• Award purchase orders to multiple bidders for materials. <br />An agreement/purchase order shall not be valid or binding on the City unless and until <br />it is executed by authorized representatives of the City. <br />J. PUBLIC NATURE OF BID MATERIALS <br />Responses to this NIB become the exclusive property of the City. At such time as <br />PWS recommends the Vendor to the City Manager or to the City Council, as <br />applicable, all bids received in response to this NIB become a matter of public record <br />and shall be regarded as public records, with the exception of those elements in each <br />bid which are defined by the Bidder as business or trade secrets and plainly marked <br />as "Confidential," "Trade Secret," or "Proprietary." The City shall not in any way be <br />liable or responsible for the disclosure of any such proposal or portions thereof, if they <br />are not plainly marked as "Confidential," "Trade Secret," or "Proprietary" or if <br />disclosure is required under the California Public Records Act. Any bid which contains <br />PUBLIC WORKS SERVICES <br />2018 ASPHALT AGGREGATES MATERIALS NIB 5 OF 10 <br />