FORTY NINERS STADIUM MANAGEMENT COMPANY LLC

REQUEST FOR STATEMENT OF QUALIFICATIONS

FOR

Levi’s Stadium Architectural and Engineering Professional Services

RFSOQ Number: FY26-0094

ISSUE DATE:

April 22, 2026

ELECTRONIC SUBMISSION OF SOQ DUE DATE:

June 1, 2026

3:00 p.m. (PT)

Procurement 4900 Marie P DeBartolo Way

Santa Clara, CA 95054

Procurement Contact: Procurement Department Email: proc@49ers-smc.com

VERSION August 2020, as modified by Stadium Manager

RFSOQ# FY26-0094

RFSOQ COVERSHEET

Levi’s® Stadium RFSOQ Number: RFSOQ FY26-0094

Event Date/Information

RFSOQ Released on eProcurement Portal

April 22, 2026

Deadline for Questions and Objections May 8, 2026 @ 5:00 p.m. (PT)

SOQ Due Date and Time June 1, 2026 @ 3:00 p.m. (PT)

Procurement Contact Procurement Department Email: proc@49ers-smc.com

RFSOQ# FY26-0094

Levi’s Stadium Architectural and Engineering Professional Services

TABLE OF CONTENTS

1 INTRODUCTION

2 PURPOSE OF THE RFSOQ

3 TERM OF THE AGREEMENT

4 COMPLETE RFSOQ

5 PROCUREMENT TIMELINE

6 PROCUREMENT CONTACT

7 PRE-SOQ CONFERENCE

8 HOW TO OBTAIN THIS RFSOQ

9 PROCEDURE FOR SUBMITTING QUESTIONS AND INQUIRIES

10 OBJECTIONS

11 SUBMISSION OF STATEMENT OF QUALIFICATIONS

12 SOQ CONTENT

13 LATE SUBMISSION OF STATEMENT OF QUALIFICATIONS

14 POST-AWARD ATTACHMENT SUBMITTALS

15 SELECTION PROCESS AND EVALUATION CRITERIA

16 BASIS OF AWARD

17 PROTESTS

18 COLLUSION

19 GROUNDS FOR DISQUALIFICATION

20 NON-CONFORMING PROPOSAL

21 GRATUITIES

22 GENERAL INFORMATION

23 RIGHTS OF STADIUM MANAGER

24 PUBLIC NATURE OF PROPOSAL MATERIAL

25 PREVAILING WAGE REQUIREMENTS

26 INSURANCE REQUIREMENTS

RFSOQ #FY26-0094 Page 1 of 14

1 INTRODUCTION

Levi’s® Stadium (Stadium) is located at 4900 Marie P. DeBartolo Way in Santa Clara, California and is the home of the San Francisco 49ers. The Stadium opened in 2014 as a 1.85 million square feet venue with a seating capacity of approximately 68,500. Levi’s® Stadium is the Bay Area’s premiere sports and entertainment venue and has generated more than $2 billion for the local economy since opening. It is a multi-purpose facility with flexibility to host a wide range of events – including international soccer, college football, ice hockey, motorsports, concerts, and various civic events.

Forty Niners Stadium Management Company LLC (Stadium Manager) operates the stadium 365 days of the year on behalf of the Santa Clara Stadium Authority (Stadium Authority), and the venue hosts NFL games for the San Francisco 49ers as well as public and private non-NFL events year-round.

The Stadium is a highly complex facility featuring many systems and components throughout its interior and exterior. The Stadium Manager aims to build a pool of qualified architects and engineers to provide on-call, multidisciplinary services for projects at the Stadium. Respondents must demonstrate the ability to provide services in multiple disciplines, either with in-house staff or through a coordinated team of qualified subconsultants, rather than specializing in a single area.

These services may include, but are not limited to, facility renovations and upgrades; improvements to structural, mechanical, electrical, and plumbing (MEP) systems; life safety systems; code compliance and ADA enhancements; and general architectural planning and design.

Firms will support projects through all phases, including assessment, concept development, design, permitting, documentation, and construction administration. Additional services may include site investigations, feasibility studies, cost estimating, assistance with procurement and bid processes, coordination with stadium operations and stakeholders, and rapid-response support for urgent or unforeseen needs.

2 PURPOSE OF THE RFSOQ

The Stadium Manager is requesting proposals in the form of Statements of Qualifications (“SOQs”) from qualified firms (“Respondents”) for professional architectural and engineering services at Levi’s Stadium located at 4900 Marie P. DeBartolo Way, Santa Clara, CA 95054 for a multi-year, on-call service agreement.

The purpose of this RFSOQ is to establish a bench of qualified and experienced architectural and engineering firms capable of providing on-call services in accordance with the detailed Scope of Services outlined in Attachment A.

All work will be performed on an on-call basis under a valid task order issued by Stadium Manager.

RFSOQ #FY26-0094 Page 2 of 14

3 TERM OF THE AGREEMENT

The term of any contract(s) awarded pursuant to this RFSOQ will be five (5) years. Stadium Manager reserves the right to exercise up to five (5) additional one-year options, for a total of ten

(10) years. Since the term extends beyond a single fiscal year, the term for subsequent fiscal years shall be conditioned upon approval of the Santa Clara Stadium Authority budget for the applicable fiscal year that includes the amounts due under the agreement.

4 COMPLETE RFSOQ

The following table lists and briefly describes the additional attachments that comprise the entire

RFSOQ.

Attachment Title

A Scope of Services

B Cost Proposal

C Respondent Certification Form

D Exemplar Agreement-Professional Services Agreement

E Procurement and Contract Process Integrity and Conflict of Interest Guidelines

F Customer Reference Form

5 PROCUREMENT TIMELINE

Event Date

RFSOQ released on eProcurement Portal April 22, 2026

Deadline for Questions and Objections: May 8, 2026 @ 5:00 p.m. (PST)

Statement of Qualifications Due June 1, 2026 @ 3:00 p.m. (PT)

The foregoing dates are tentative and subject to change in the Stadium Manager’s sole discretion.

6 PROCUREMENT CONTACT

Procurement Contact Procurement Team

Address Forty Niners Stadium Management Company LLC 4900 Marie P. DeBartolo Way Santa Clara, CA 95054

Email proc@49ers-smc.com

RFSOQ #FY26-0094 Page 3 of 14

7 PRE-SOQ CONFERENCE

There is no pre-SOQ conference for this requirement

There is a non-mandatory pre-SOQ conference for this requirement.

There is a mandatory pre-statement of qualifications conference for this requirement

8 HOW TO OBTAIN THIS RFSOQ

8.1 This RFSOQ may be downloaded from the Stadium Manager’s e-procurement portal, https://49ers.bonfirehub.com/portal/. Follow the link to register for online service. You may register for free online. For assistance related to technical questions on how to register with Euna Supplier Network (Bonfire), receive notifications and submit Statement of Qualifications via the e-procurement portal, contact Bonfire at support.bonfire@eunasolutions.com.

8.2 All addenda and notices related to this procurement will be posted by Stadium Manager on Bonfire and can be accessed via the Stadium Manager’s e-procurement portal, https://49ers.bonfirehub.com/portal/. In the event that this RFSOQ is obtained through any means other than Bonfire, the Stadium Manager will not be responsible for the completeness, accuracy, or timeliness of the RFSOQ document.

9 PROCEDURE FOR SUBMITTING QUESTIONS AND INQUIRIES

Questions pertaining to this RFSOQ must be submitted via Stadium Manager’s e-procurement portal, https://49ers.bonfirehub.com/portal/. Please submit all questions by the deadline indicated in Section 5, Procurement Timeline. Stadium Manager will provide a written response to all pertinent questions in the form of an addendum. Questions answered on Stadium Manager’s e-procurement portal, https://49ers.bonfirehub.com/portal/, shall be considered addenda to the RFSOQ.

10 OBJECTIONS

Any objections as to the structure, content or distribution of this RFSOQ must be submitted in writing to the Procurement Contact prior to the submission deadline for Questions and Objections.

Objections must be as specific as possible, identify the RFSOQ section number and title, and provide a detailed rationale for the objection.

11 SUBMISSION OF STATEMENT OF QUALIFICATIONS

11.1 Respondents must respond to this RFSOQ by the due date and time listed in Section 5, Procurement Timeline.

11.2 Statement of Qualifications must be submitted through the Stadium Manager’s eProcurement Portal at:

RFSOQ #FY26-0094 Page 4 of 14 https://49ers.bonfirehub.com/portal/

Submissions by any other method will not be accepted.

Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled.

For technical questions related to submissions, Respondents should contact Euna Supplier Network (formerly Bonfire) at support.bonfire@eunasolutions.com or visit Bonfire’s help forum at https://customer.eunasolutions.com/public/s/contactsupport.

Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the portal. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated. If the required form is mandatory, Respondents will not be able to complete the submission until the requirement is met.

Respondents will receive an email confirmation receipt with a unique confirmation number once the submission is finalized. This will confirm that the Respondent has successfully submitted the Statement of Qualifications.

11.3 The SOQ must be in Times New Roman, Arial or similar, easily readable font. The size of the font cannot be any smaller than 11 and margins should be 1 inch or wider.

12 SOQ CONTENT

To expedite the evaluation process, each SOQ shall be organized in accordance with this Section.

Submissions that do not follow the specified format outlined below, or fail to provide the required documentation, may receive lower scores, or if found to be non-responsive, be disqualified. In the event of any conflict between any of the RFSOQ documents, resolution thereof shall be in the Stadium Manager’s sole discretion. Statements of Qualifications shall include the following information in the format indicated.

12.1 Table of Contents. Include a table of contents that lists the page numbers for each section of the SOQ. All pages must be consecutively numbered and correspond to the table of contents.

12.2 Cover Letter. Include a transmittal letter identifying the Respondent and the SOQ package being submitted. The letter shall provide the name, title, address, telephone number, and email address of the individual(s) authorized to contractually bind the Respondent and be signed by the authorized individual. The letter shall also include the name of the individual serving as the main point of contact, including the telephone number and email address for this RFSOQ.

12.3 Company Profile. Provide a brief company profile that identifies the company information, including, but not limited to the following:

RFSOQ #FY26-0094 Page 5 of 14

12.3.1 Number of years in business;

12.3.2 Company names previously used by the Respondent and other company affiliations;

12.3.3 Description of any anticipated changes of ownership or control of the company;

12.3.4 Mailing address of the Respondent’s principal place of business;

12.3.5 Phone number and physical address of the office in which the project team will be located and email address for the primary contact for this RFSOQ;

12.3.6 Any pending or current litigation related to services provided by Respondent;

terminated contracts within the past five (5) years with a detailed narrative of the reasons for termination; and

12.3.7 Other relevant information significant enough to include.

12.4 Firm Qualifications:

12.4.1 Overall Qualifications and Experience: Provide a narrative that details the firm’s qualifications, capacity, and experience in delivering architectural and engineering services. Respondents shall identify all disciplines listed in Attachment A, Scope of Work, for which the Respondent is qualified to provide services. For each discipline, the Respondent shall clearly indicate whether the services will be performed by in-house personnel or through subcontractors. Respondents are encouraged to demonstrate substantial in-house capabilities across multiple disciplines.

12.4.2 Facilities of Similar Size and Complexity: Describe the firm’s experience with facilities that are comparable in size, scope, and complexity, focusing on large, complex, occupied venues such as stadiums, arenas, hospitals, airports, convention centers, or similar structures. Include details of no more than five representative projects completed within the past five (5) years. Your narrative should explain how these experiences qualify your firm to deliver the services specified in this RFSOQ.

12.4.3 References: Prepare three separate references using a separate Attachment F, Customer Reference Form, for each and submit with your SOQ.

12.4.4 Compliance with Applicable Codes: Describe the firm’s experience ensuring compliance with applicable codes, regulations, and standards, including building codes, ADA requirements, and life-safety systems.

12.4.5 Managing Permit Process with City of Santa Clara: Describe the firm’s experience managing permitting processes with the City of Santa Clara.

RFSOQ #FY26-0094 Page 6 of 14

12.5 Project Team Qualifications and Professional Licenses: Provide project team qualifications and experience to include the following:

12.5.1 Organization Chart: Provide an organizational chart identifying key personnel and their respective roles and responsibilities. Describe how the proposed team will deliver the services outlined in Attachment A, Scope of Work.

12.5.2 Key Personnel: Identify key personnel proposed for this contract, including the project manager and discipline leads. All personnel shall possess the appropriate California licenses required for the services they will perform. For each California-licensed architect and engineer who could be assigned to this contract, include their license number(s), disciplines, and role. Submit resumes for each key personnel, highlighting relevant experience.

12.5.3 Project Manager: Describe the qualifications and responsibilities of the proposed project manager, including experience managing comparable teams and projects within the past three (3) years.

12.5.4 Subcontractors: Identify all subcontractors proposed for this contract.

Describe their qualifications, including the licenses they hold, and the services they will provide.

12.5.5 Small Businesses: Stadium Manager encourages participation by small businesses located in Santa Clara County. For task orders requiring subcontractors, the selected Contractor(s) are encouraged to solicit participation from qualified local small businesses.

12.6 Project Approach: Provide the following information to explain how your firm provides the services.

12.6.1 Capital Expenditure Projects (CapEx): Describe the firm’s approach to supporting CapEx projects, including project evaluation, design, permitting, and procurement support. Your description should include a discussion of your firm’s process for assisting with evaluating and preparing projects prior to submission for approval, and your approach to managing and executing those projects once approved.

12.6.2 Repair and Maintenance Project Assistance: The Stadium Manager may request investigation and design support for specific repair and maintenance projects that require architectural or engineering services. Describe the firm’s approach to conducting investigations and evaluations, as well as designing services for repair and maintenance projects. Include methods for developing repair recommendations, preparing construction documents, and managing unforeseen conditions while ensuring facility safety and continuous operations.

12.6.3 On-Call Service Delivery: Explain how the firm provides on-call services, RFSOQ #FY26-0094 Page 7 of 14 including staffing, resource management, handling multiple concurrent task orders, managing project budgets, controlling costs, and meeting tight deadlines.

12.6.4 Communication and Stakeholder Coordination: Describe the firm’s approach to communication and coordination with Stadium Manager, contractors, and applicable public agencies.

12.6.5 Permitting and Regulatory Coordination: Describe the firm’s approach to obtaining permits and coordinating with the City of Santa Clara and other authorities having jurisdiction.

12.6.6 Quality Assurance and Quality Control (QA/QC): Describe the firm’s quality assurance and quality control processes to ensure accuracy, completeness, and coordination of deliverables across all disciplines.

12.7 Cost: Provide all costs and fees requested in Attachment B, Cost Proposal. Cost Proposals will not be scored, but will be evaluated for reasonableness.

12.8 Attachments. The following documents must be completed and submitted with your proposal, as applicable:

12.8.1 Attachment B – Cost Proposal

12.8.2 Attachment C – Respondent Certification Form

12.8.3 Attachment D – Exemplar Contract: Please complete each of the following steps.

12.8.3.1 Note Exceptions to the Exemplar Contract: Respondent shall note any exceptions to the terms and conditions of the Exemplar Contract. If there are no exceptions, please return the first page of the Exemplar Contract marked “No Exceptions.” If you have proposed changes, please redline them directly in the Word document (do not submit as a PDF) and return the redlined Word version of the Exemplar Contract with your SOQ. Failure to include either (i) the executed first page marked “No Exceptions” or (ii) a redlined version of the Exemplar Contract with your SOQ shall be deemed acceptance of the terms and conditions set forth in the Exemplar Contract.

12.8.3.1.1 Respondents are advised that excessive or material deviations from the Exemplar Contract may result in a reduction in evaluation score and may, at the discretion of Stadium Manager, render the SOQ non-responsive.

12.8.4 Attachment F – Customer Reference Form – Attach one for each of your three (3) references.

RFSOQ #FY26-0094 Page 8 of 14

13 LATE SUBMISSION OF STATEMENT OF QUALIFICATIONS

Submissions must be uploaded, submitted and finalized prior to the closing time as stated in the Stadium Manager’s electronic procurement portal, https://49ers.bonfirehub.com/portal/. Stadium Manager is not responsible for any delay in submission. Respondents are strongly recommended to allow sufficient time to submit Statements of Qualifications electronically. Respondents are solely responsible for ensuring their responses are completed and submitted electronically prior to closing date and time. The system will not allow Respondents to upload and submit a response after the stated due date and time.

14 POST-AWARD ATTACHMENT SUBMITTALS

Each awardee is required to submit the following information and documents by the specified time below. Failure to provide the documents within the time frame may result in withdrawal of the award, and potential award to the next highest ranked Respondent in the Stadium Manager’s sole discretion.

14.1 Certificate of Insurance (insurance requirements outlined in Attachment D – Exemplar Contract) within 10 (ten) days after the notice of intended award.

15 SELECTION PROCESS AND EVALUATION CRITERIA

15.1 PROPOSAL RESPONSIVENESS

15.1.1 Statement of Qualifications will be reviewed to determine if they conform to all material aspects of the RFSOQ.

15.1.2 Statement of Qualifications that fail to conform to all material aspects of the RFSOQ may be disqualified from further consideration in the Stadium Manager’s sole discretion.

15.2 PROPOSAL REVIEW AND EVALUATION

15.2.1 Statements of Qualifications will be evaluated against the general criteria and scores will be applied as described below in Section 15.6.

15.2.2 Stadium Manager may seek written clarification from any or all Respondents to better understand and evaluate the proposed solution. This process may not be used as an opportunity to submit missing documentation or to make substantive revisions to the original SOQ except as may be allowed during any negotiation process Stadium Manager, in its sole discretion, chooses to engage in.

15.2.3 Stadium Manager reserves the right to investigate and rely on information from sources other than the information provided by the Respondents.

RFSOQ #FY26-0094 Page 9 of 14

15.3 COST PROPOSAL REVIEW AND EVALUATION

Cost proposals will not be scored but will be evaluated for reasonableness15.6.

15.4 PRESENTATIONS / ORAL INTERVIEWS

Finalists (Statement of Qualifications determined to have scored in the competitive range) may be invited to present oral presentations for the purpose of introducing key members of the project team, and allowing the Stadium Manager to fully understand the Respondent’s ability to meet the Stadium Manager’s needs. Oral presentations will not be scored separately. Instead, the Stadium Manager may modify SOQ scores and resulting rankings based on the oral presentation.

15.5 BEST AND FINAL OFFER (BAFO)

15.5.1 A Best and Final Offer (BAFO) may be held with finalists that have scored in the competitive range if additional information or clarification is necessary to make a final decision. The BAFO may allow Respondents to revise their original technical and/or cost proposal based on information received from the Stadium Manager. Stadium Manager will send out the request for a BAFO with instructions addressing the areas to be covered and the date and time in which the BAFO is to be submitted. After receipt of the BAFO, scores may be adjusted based on the new information received in the BAFO.

15.5.2 Stadium Manager expects to request only one BAFO from each Proposer, unless Stadium Manager determines that additional BAFOs are warranted.

15.5.3 Respondents are cautioned that the BAFO is optional and at the sole discretion of the Stadium Manager. Therefore, Respondents should not assume that there would be an additional opportunity to amend their technical or cost proposal after the originally submitted technical and cost proposals.

Respondents may not request an opportunity to submit a BAFO.

15.6 EVALUATION CRITERIA

Criteria Score

Proposal Responsiveness Pass/Fail

Qualifications and Experience 50

Approach 50

Total 100

16 BASIS OF AWARD

16.1 Awards will be made to the Respondent(s) whose SOQ(s) provide the best value to the Stadium Manager as determined by the evaluation criteria specified in Section 15.6

RFSOQ #FY26-0094 Page 10 of 14 above. Stadium Manager intends to award multiple contracts under this RFSOQ and desires to establish a bench of qualified and experienced contractors providing the Stadium Manager the best value but may award more or fewer on-call contracts in its sole discretion.

16.2 Subject to Section 16.1, Stadium Manager reserves the right to award a contract to any Respondent for all or any portion of the work described herein.

16.3 Should the selected Respondent(s) fail to provide post award documents as required, the Stadium Manager, in its sole discretion, may withdraw the award recommendation, and select the next highest ranked Respondent for award.

16.4 Stadium Manager reserves the right to accept a SOQ in-full, or in-part, or to reject all SOQ(s).

17 PROTESTS

17.1 If an unsuccessful Respondent wants to dispute the award recommendation, the written protest must be submitted via email to the contact listed below no later than ten (10) calendar days after Stadium Manager’s issuance of the notice of intent to award, detailing the grounds, factual basis, and providing all supporting information. Protests will not be considered for disputes of proposal requirements and specifications, which must be addressed in accordance with Section 10. Failure to submit a timely written protest via email to the contact listed below will bar consideration of the protest.

17.2 The email address for submitting protests to Procurement Lead is:

Email: Proc@49ers-smc.com

18 COLLUSION

By submitting a proposal, each Respondent represents and warrants that its proposal is genuine and made in the interest of or on behalf of any person named therein; that the Respondent has not directly induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and that the Respondent has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal.

19 GROUNDS FOR DISQUALIFICATION

All Respondents are expected to read and understand Attachment E, Procurement and Contract Process Integrity and Conflict of Interest. Factors, such as, but not limited to, any of the following, may disqualify a proposal without further consideration:

19.1 Evidence of collusion, directly or indirectly, among Respondents in regard to the amount, terms or conditions of this RFSOQ.

19.2 Any attempt to improperly influence any member of the evaluation team.

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19.3 Existence of any lawsuit, unresolved contractual claim or dispute between Respondent and either Stadium Manager or the Stadium Authority.

19.4 Evidence of incorrect information submitted as part of the SOQ.

19.5 Evidence of Respondent’s inability to successfully complete the responsibilities and obligations of the SOQ.

19.6 Respondent’s default under any previous agreement with Stadium Manager.

20 NON-CONFORMING PROPOSAL

A SOQ shall be prepared and submitted in accordance with the provisions of these RFSOQ instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or to a SOQ may be sufficient grounds for rejection of the SOQ, at the sole discretion of the Stadium Manager.

21 GRATUITIES

No person shall offer, give or agree to give any Stadium Manager employee any gratuity, discount or offer of employment in connection with the award by the Stadium Manager. No Stadium Manager employee shall solicit, demand, accept or agree to accept from any other person a gratuity, discount or offer of employment in connection with a Stadium Manager contract.

22 GENERAL INFORMATION

22.1 The successful Respondent(s) will be required to enter into an agreement with terms and conditions in substantial conformity with the Exemplar Contract, which is Attachment D of this RFSOQ.

22.2 All costs associated with responding to this RFSOQ are to be borne solely by the Respondents. By submitting a SOQ in response to this RFSOQ, the Respondent agrees that Stadium Manager shall have no liability or responsibility for any costs accrued by Respondent that arise out of or relate to preparing for, responding to (including the cost of any virtual or in-person presentations), negotiating under, or protesting any aspect of this RFSOQ.

22.3 It is the Stadium Manager’s policy that the selected firm(s) shall not discriminate, in any way, against any person on the basis of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law, in connection with or related to the performance of Stadium Manager contracts.

RFSOQ #FY26-0094 Page 12 of 14

Award of a contract to a Respondent is not a guarantee of work. By submitting a SOQ, each Respondent understands and agrees the purpose of this RFSOQ is to establish a bench of contractors qualified to provide the services specified herein on an on-call and as-needed basis. As such, no firm is guaranteed any work under the awarded contract and by extension any compensation thereunder until such time Stadium Manager, in its sole discretion, chooses to issue a task order seeking specified services.

23 RIGHTS OF STADIUM MANAGER

23.1 This RFSOQ does not commit the Stadium Manager to enter into a contract, nor does it obligate Stadium Manager to pay for any costs incurred in preparation and submission of Statement of Qualifications or in anticipation of a contract. Stadium Manager reserves the right to:

23.1.1 Accept an offer in full, or in part, or to reject all SOQ(s).

23.1.2 Make the selection based on its sole discretion.

23.1.3 Reject any and all SOQ(s).

23.1.4 Issue subsequent Requests for Statement of Qualifications.

23.1.5 Postpone opening SOQ(s) for any reason.

23.1.6 Remedy errors in the RFSOQ process.

23.1.7 Approve or disapprove the use of particular subcontractors.

23.1.8 Negotiate with any, all, or none of the Respondents separately or concurrently in time.

23.1.9 Award one or more contracts.

23.1.10 Accept other than the lowest cost offer.

23.1.11 Waive informalities and irregularities in the Statement of Qualifications.

23.1.12 Enter into an agreement with another Respondent in the event the originally selected Respondent defaults or fails to execute an agreement with the Stadium Manager.

23.1.13 Cancel all or any part of this RFSOQ.

23.2 An agreement shall not be binding or valid with the Stadium Manager unless and until it is approved by the Santa Clara Stadium Authority Board, if so required, and executed by authorized representatives of the Stadium Manager and the Respondent.

24 PUBLIC NATURE OF PROPOSAL MATERIAL

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24.1 All correspondence with the Stadium Manager including responses to this RFSOQ become the exclusive property of the Stadium Manager, Santa Clara Stadium Authority and Forty Niners Stadium Company LLC. At such time as Stadium Manager awards a contract or rejects all SOQ(s), all SOQ(s) received in response to this RFSOQ become a matter of public record and shall be regarded as public records If a Respondent desires to exclude a portion of its SOQ from disclosure under the California Public Records Act, the Respondent must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. For example, if a Respondent submits trade secret information, the Respondent must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the Stadium Manager is not in a position to establish that the information that a Respondent submits is in fact a trade secret. Stadium Manager shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof. Any SOQ which contains language purporting to render all or significant portions of the SOQ “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as non-responsive.

24.2 Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, Stadium Manager may determine, in its sole discretion, that the information that a Respondent submits is not a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” or “Proprietary,” Stadium Manager shall provide the Respondent who submitted the information reasonable notice to allow the Respondent to seek protection from disclosure by a court of competent jurisdiction, at the Respondent's sole expense.

25 PREVAILING WAGE REQUIREMENTS

25.1 The Stadium Manager has determined that the services described in this solicitation may constitute “Public Works” and may be subject to California prevailing wage requirements. It shall be mandatory upon the Respondent(s) to whom the contract is awarded, and upon any subcontractors and subconsultants, to comply with all applicable Labor Code provisions, which include but are not limited to the payment of not less than the specified prevailing wage rates to all workers employed by them in the execution of the contract, contractor and subcontractor registration, certified payroll records, employment of apprentices, hours of labor and debarment of contractors and subcontractors. Failure to meet the requirements stated above in this section by the time allotted may result in withdrawal of the award and award to the next highest ranked Respondent.

26 INSURANCE REQUIREMENTS

26.1 The selected Respondent (s), at Respondent’s sole cost and expense and for the full term of the Agreement or any extension thereof, shall obtain and maintain, at a

RFSOQ #FY26-0094 Page 14 of 14 minimum, all of the insurance requirements outlined in the Exemplar Contract to this

RFSOQ.

26.2 A certificate of insurance demonstrating compliance with the insurance requirements shall be provided to Stadium Manager within 10 days of the notice of intended award.

Failure to provide the required certificate of insurance may result in withdrawal of the notice of intended award, and award may be made to the next highest ranked Respondent.