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Proposals, Public Information <br />Proposals are public records; each Bidder is hereby informed that, upon submittal of its proposal to the <br />City in accordance with this RFP, the proposal is the property of the City. <br />1.26.1.9. Unless otherwise compelled by a court order, the City will not disclose any <br />proposal while the City conducts its deliberative process in accordance with the <br />procedures identified in this RFP. However, after the City either awards the project to a <br />successful Bidder, or the City rejects all proposals, the City shall consider each proposal <br />subject to the public disclosure requirements of the California Public Records Act <br />(California Government Code sections 6250, etseq.), unless there is a legal exception to <br />public disclosure. <br />1.26.1.10. If a Bidder believes that any portion of its proposal is subject to a legal exception <br />to public disclosure, the Bidder shall: (1) clearly mark the relevant portions of its <br />proposal "Confidential"; (2) identify, upon request from the City the legal basis for <br />exception from disclosure under the California Public Records Act; and (3) defend, <br />indemnify, and hold harmless the City regarding any claim by any third party for the <br />public disclosure of the "Confidential" portion of the proposal. <br />Liquidated Damages <br />Time is of the essence for this contract. Failure to start and complete all work specified within the time <br />allowed shall constitute material breach of contract. The "time allowed" will be calculated from the date <br />of the Purchase Order which serves as the Notice to Proceed through the "Maximum Completion date" <br />indicated by the successful Bidder on his Bid form for the completion of work. Failure of the successful <br />Bidder to complete the work within the time allowed will result in damages, and for each consecutive <br />day in excess, the contractor shall pay to the City a sum of $500 per calendar day. Such amount shall not <br />be construed as a penalty, but as a minimum value of liquidated damages that may be deducted from <br />payment due to the contractor if such delay occurs. <br />BIDDER PROFILE <br />1.27. Organizational Information <br />Bids shall provide the following information, in sequence, to evidence the Bidder's experience in <br />delivering services similar to those required by this RFP: <br />• a brief description of the Bidder's background and organizational history; organization's number <br />of employees, longevity and sample client base; <br />• years in business; <br />• a brief statement of how long the Bidder has been performing the services required by this RFP; <br />• location of offices; <br />RFP No. 55021— Public Works CMMS Page 18 of 46 <br />