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6.1.F. - Page 17 <br />language purporting to render all or significant portions of the bid "Confidential," "Trade <br />Secret," or "Proprietary" may be regarded as non-responsive. <br />Although the California Public Records Act recognizes that certain confidential trade <br />secret information may be protected from disclosure, the City may not accept or <br />approve that the information that a Bidder submits is a trade secret. If a request is <br />made for information marked as "Confidential," "Trade Secret," or "Proprietary," the <br />City shall provide the Bidder who submitted the information with reasonable notice to <br />allow the Bidder to seek protection from disclosure by a court of competent jurisdiction. <br />K. COLLUSION <br />By submitting a bid, each Bidder represents and warrants that its bid is genuine and <br />not a sham or collusive or made in the interest of or on behalf of any person not named <br />therein; that the Bidder has not directly induced or solicited any other person to submit <br />a sham bid or any other person to refrain from submitting a bid; and that the Bidder <br />has not in any manner sought collusion to secure any improper advantage over any <br />other person submitting a bid. <br />L. FAIR DEALING/CONFLICT OF INTEREST <br />The Bidder warrants that no gratuities, in the form of entertainment, gifts or otherwise, <br />were, or will be offered or given by the Bidder, or any agent or representative of the <br />Bidder to any officer or employee of the City with a view toward securing a <br />recommendation of award or subsequent award or for securing more favorable <br />treatment with respect to making a recommendation of award. <br />The Bidder warrants that it presently has no interest and shall not acquire any interest, <br />direct or indirect, which would conflict in any manner or degree with the performance <br />of services required under the award resulting from this NIB. The Bidder also warrants <br />that, to the best of its knowledge, no officer, agent or employee of the City who shall <br />participate in any decision relating to this NIB and the resulting award, currently has, <br />or will have in the future, a personal or pecuniary interest in the Bidder's business. <br />M. NON -CONFORMING BID <br />A bid shall be prepared and submitted in accordance with the provisions of these NIB <br />instructions and specifications. Any alteration, omission, addition, variance, or <br />limitation of, from or to a bid may be sufficient grounds for non-acceptance of the bid, <br />at the sole discretion of the City. <br />SECTION VI. SCOPE OF SERVICES <br />The Successful Bidder will provide the City with asphalt, aggregates and related materials on <br />an as -needed basis. Hot asphalt/asphalt products will be picked up from the plant by City <br />vehicles and/or contract trucking. <br />PUBLIC WORKS SERVICES <br />2018 ASPHALT AGGREGATES MATERIALS NIB 6 OF 10 <br />