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Exhibit 1 <br />C. PROPOSAL VALIDITY <br />Services, pricing and warranties indicated in a respondent's Proposal must be valid for a <br />period of 120 days after the submission of the Proposal. <br />D. PRE -CONTRACTUAL EXPENSES <br />Santa Ana shall not be liable for any pre -contractual expenses incurred by PROPOSERS <br />in the preparation of its proposal. <br />E. PROPOSAL INFORMATION <br />It is understood and agreed upon by the PROPOSER in submitting a Proposal that the <br />CITY has the right to withhold all information regarding this procurement until after <br />Agreement award, including but not limited to: the number received; competitive technical <br />information; competitive price information; and the CITY evaluation concerns about <br />competing Proposals. Information releasable after award is subject to the disclosure <br />requirements of the Public Records Act, California Government Code Section 6250. <br />F. PREVAILING WAGES <br />For capital improvements no contractor or subcontractor may be listed on a bid proposal <br />for a Public Works or Parks and Recreation project (submitted on or after March 1, 2015), <br />unless registered with the Department of Industrial Relations pursuant to Labor Code <br />section 1725.5 [with limited exceptions from this requirement for bid purposes only under <br />Labor Code section 1771.1(a)]. <br />G. EVIDENCE OF FINANCIAL CAPACITY <br />Proposer may be requested to submit its most recent audited financial statement, <br />evidencing PROPOSER'S financial capacity to fully perform the required services, <br />including provision of equipment and personnel expenses over a ninety (90) day period. <br />If said financial statement does not reflect full ninety (90) day operational capacity, <br />PROPOSER may include a letter of credit as evidence of supplemental capacity. <br />H. CITY RIGHT TO REJECT <br />The CITY reserves the right to reject any or all proposals submitted and no representation <br />is made hereby that any agreement will be awarded pursuant to this RFP or otherwise. <br />The CITY reserves the right to accept or reject the combined or separate components of <br />this proposal in part or in its entirety or to waive any minor inconsistency, informality or <br />technical defect in the proposal. <br />The CITY reserves the right to reject, replace and approve any and all subcontractors. <br />All subcontractor(s) shall be identified in the response to the RFP. Subcontractors shall <br />be the responsibility of the successful PROPOSER and the CITY shall assume no liability <br />of such subcontractors. <br />City of Sart1k R6P 20-078 <br />LL �r0 <br />