9-FY25-0085 On-Call Electrical RFP in PDF.pdf

FORTY NINERS STADIUM MANAGEMENT COMPANY LLC

REQUEST FOR PROPOSALS

FOR

Levi’s Stadium On-Call Electrical Maintenance and Repair Services

RFP Number: RFP-FY25-0085

ISSUE DATE:

August 11, 2025

ELECTRONIC SUBMISSION OF PROPOSALS DUE DATE:

September 18, 2025

3:00 p.m. (PST)

Procurement 4900 Marie P DeBartolo Way

Santa Clara, CA 95054

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

VERSION August 2020, as modified by Stadium Manager

RFP# FY25-0085

TABLE OF CONTENTS

1 INTRODUCTION

2 PURPOSE OF THE RFP

3 TERM OF THE AGREEMENT

4 COMPLETE RFP

5 PROCUREMENT TIMELINE

6 PROCUREMENT CONTACT

7 PRE-PROPOSAL CONFERENCE

8 HOW TO OBTAIN THIS RFP

9 PROCEDURE FOR SUBMITTING QUESTIONS AND INQUIRIES

10 OBJECTIONS

11 SUBMISSION OF PROPOSALS

12 PROPOSAL CONTENT

13 LATE PROPOSALS

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

RFP# FY25-0085 Page 1 of 15

1 INTRODUCTION

Levi’s Stadium opened in 2014 and has a seating capacity of approximately 68,500 patrons. The Stadium has more than 170 premium suites, 11 clubs, and is over 1.8 million square feet. Levi’s Stadium was officially recognized as Sports Facility of the Year by Sports Business Journal in May 2015, and followed that award one month later by being named Venue of Year by the Stadium Business Awards in Barcelona, Spain. The Forty Niners Stadium Management Company operates the stadium 365 days of the year. In addition to hosting NFL games for the San Francisco 49ers, Levi’s Stadium has hosted world class events, such as Super Bowl 50, College Football Playoff, international soccer matches, WrestleMania, concerts and other large scale events. In July 2016, Levi’s Stadium was awarded LEED Gold Certification for Operations and Maintenance of an Existing Building after opening the stadium in 2014 with LEED Certification as New Construction.

2 PURPOSE OF THE RFP

Forty Niners Stadium Management Company LLC (“Stadium Manager”) is soliciting proposals from qualified firms (“Proposers”) to provide electrical maintenance and repairs on an “as needed” basis pursuant to this Request for Proposals (“RFP”).

The purpose of this RFP is to establish a qualified, experienced bench of contractors to provide electrical maintenance and repair services at the Stadium on an on-call, as-needed basis. The Proposers must be qualified and capable of handling a wide range of electrical repairs. The Proposers that are selected for this work will be available for on-call maintenance and repair assignments at Levi’s Stadium, which will be communicated using a separate Task Order for each discrete assignment.

A detailed Scope of Services is provided in Attachment A.

3 TERM OF THE AGREEMENT

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

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4 COMPLETE RFP

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

RFP.

Attachment Title

A Scope of Services

B Cost Proposal

C Proposer Certification Form

D Exemplar Contract (including insurance requirements, Contractor’s Certificate Regarding Workers’ Compensation, Public Works Contractor Registration Certification)

E Procurement and Contract Process Integrity and Conflict of Interest Guidelines

F Customer Reference Form

G Labor Compliance Addendum

5 PROCUREMENT TIMELINE

Event Date

RFP released on eProcurement Portal August 11, 2025

Non-Mandatory Pre-Proposal Conference and Site Walkthrough:

August 26, 2025 @ 9:30 a.m. (PST)

Deadline for Questions and Objections: September 3, 2025 @ 5:00 p.m. (PST)

Proposals Due September 18, 2025 @ 3:00 p.m. (PST)

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

6 PROCUREMENT CONTACT

Purchasing Contact Procurement Team

Address Forty Niners Stadium Management Company LLC 4900 Marie P. DeBartolo Way

Email proc@49ers-smc.com

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7 PRE-PROPOSAL CONFERENCE

There is no pre-proposal conference for this requirement

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

There is a mandatory pre-proposal conference for this requirement

7.1 A non-mandatory pre-proposal site visit and conference will be held on the date set forth in Section 5. The purpose of the pre-proposal conference is for Stadium Manager to present an overview of the RFP and answer any general questions. Stadium Manager reserves the right not to answer any questions that are non-applicable or inappropriate.

At its discretion, Stadium Manager may defer certain questions and respond to all proposals in writing after the meeting.

The non-mandatory pre-proposal site visit and conference will be held at:

Levi’s® Stadium 4900 Marie. P. DeBartolo Way

Proposers must email the Procurement Contact within one (1) business days before the date set forth in Section 5 with the following information to obtain a visitor’s pass and come onsite. A maximum of three (3) representatives from each proposing company will be allowed to attend.

Name of Attendee Company Name Email Address and Cell Phone Contact

Once registered, Proposer will receive an email confirmation with the visitor pass, address and location to park your vehicle and the right security gate to pass security to enter the Stadium. Please bring a government provided ID to show proof at the security check. Please arrive 10 minutes before the conference start time to pass security and be escorted to the meeting location.

8 HOW TO OBTAIN THIS RFP

8.1 This RFP 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 (formerly Bonfire), receive notifications and submit proposals 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 https://49ers.bonfirehub.com/portal/ mailto:support.bonfire@eunasolutions.com

RFP# FY25-0085 Page 4 of 15 portal, https://49ers.bonfirehub.com/portal/. In the event that this RFP is obtained through any means other than Bonfire, the Stadium Manager will not be responsible for the completeness, accuracy, or timeliness of the final RFP document.

9 PROCEDURE FOR SUBMITTING QUESTIONS AND INQUIRIES

Questions pertaining to this RFP 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 RFP.

10 OBJECTIONS

Any objections as to the structure, content or distribution of this RFP must be submitted in writing to the procurement contact prior to the submission deadline for Questions and Answers. Objections must be as specific as possible, identify the RFP section number and title, and provide a detailed rationale for the objection.

11 SUBMISSION OF PROPOSALS

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

11.1 Proposals must be submitted through the Stadium Manager’s eProcurement Portal at:

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, proposals 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, proposers will not be able to complete the submission until the requirement is met.

Proposers will receive an email confirmation receipt with a unique confirmation number once the submission is finalized. This will confirm that the proposer has successfully submitted the Proposal.

https://49ers.bonfirehub.com/portal/ https://49ers.bonfirehub.com/portal/ https://49ers.bonfirehub.com/portal/ https://49ers.bonfirehub.com/portal/ mailto:support.bonfire@eunasolutions.com https://customer.eunasolutions.com/public/s/contactsupport

RFP# FY25-0085 Page 5 of 15

11.2 The Proposal 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 PROPOSAL CONTENT

In order to expedite the evaluation process, each Proposal shall be organized in accordance with this section. Proposals 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 Proposal documents, resolution thereof shall be in the Stadium Manager’s sole discretion. Proposals shall include the following information in the format indicated.

12.1 Table of Contents. Include a table of contents that identifies the page numbers for each of the various sections in the Proposal. All pages must be consecutively numbered and correspond to the table of contents.

12.2 Cover Letter. Include a transmittal letter identifying the Proposer and the proposal package being submitted. The letter shall provide the name, title, address, email address, telephone number, and fax number of the individual(s) authorized to contractually bind the Proposer and be signed by the authorized individual. The letter shall also include the name and contact information of the individual serving as the main point of contact in reference to this RFP.

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

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12.3.1 Number of years in business;

12.3.2 Company names previously used by the Proposer 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 Proposer’s principal place of business;

12.3.5 Phone number and fax number of the office in which the project team will be located;

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

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 Executive Summary. Please include an executive summary that demonstrates a thorough understanding of this Project, as well as a descriptive plan for meeting all project schedules, goals, and objectives.

12.5 Qualifications. Each Proposer shall submit evidence of competency and expertise to perform the work as requested in the RFP. Evidence of competency and expertise, unless otherwise specified, shall consist of statements covering the Proposer’s past experience on similar work, listing summaries of the work performed, total project cost, list of equipment and materials, period over which the work was completed, and any other information that pertains to the overall project. Specifically, your proposal must address the following matters:

12.5.1 Levi’s Stadium is a 1.8 million square foot facility completed in 2014. It utilizes complex electrical components matching the size and age of the facility. Proposer must have experience in understanding, trouble-shooting, and repairing electrical systems similar to the systems employed at Levi’s Stadium. Additionally, due to immovable event requirements, a failure of any electrical system or component which might compromise safety, security or game operations, must be addressed immediately. The Proposer must therefore have the experience, technical wherewithal, and labor and logistical resources to respond to necessary repair work or installation work including emergency repairs.

12.5.2 Proposer shall provide documentation that it currently has at least four current service contracts similar in scope to the services contemplated under this RFP for other clients operating facilities (or a campus) greater than 500,000 square feet in size, within the San Francisco Bay area. Documentation shall include the name of the client (i.e., company name), size of the facility, scope of

RFP# FY25-0085 Page 7 of 15 services provided by Proposer, and the name and phone number of the client representative who dealt directly with the Proposer.

12.5.3 Proposer shall identify the project manager who will be assigned to manage the Levi’s Stadium project (“Project Manager”). Project Manager shall have at least four years’ experience managing projects of similar size and scope as the scope identified in this RFP. Proposer’s submission shall include a complete resume of the Project Manager demonstrating the Project Manager’s qualifications to serve in a lead role on the Levi’s Stadium project. Proposer must provide a minimum of three client representatives who can provide feedback as to the performance and responsiveness of Proposer’s nominated Project Manager.

12.5.4 While being able to service individual components in a complex facility is an important factor, so is Proposer’s senior management’s ability to understand how the components of a large facility work together as a system. Therefore, prime electrical contractor construction experience on projects greater than 250,000 square feet in size is important. Equally important are the senior Proposer personnel who managed the work on such projects, and their availability to assist and advise Stadium Manager on electrical system trouble-shooting and repair as needed.

Proposer shall provide documentation that it has completed, or is currently in the process of completing electrical system installation work on at least two facilities projects greater than 250,000 square feet in size in the past 24 months in the San Francisco Bay area. Each of these two projects must include emergency power systems installed by the Proposer. The Proposer’s role in these projects must be as the primary electrical contractor. Proposer shall describe the scope of the project, key components of the electrical systems installed, client name, and the name and phone number of the client representative who dealt directly with the Proposer on these projects.

Finally, Proposer shall provide the name(s) of the project manager(s) who directed the foregoing projects and attest to their availability to serve as advisors to Stadium Manager and the Proposer should circumstances warrant the need for electrical system trouble-shooting at Levi’s Stadium.

12.6 Project Team Qualifications and Experience.

12.6.1 Provide the names and background information on staff that will be assigned to this project. Include one-page résumés for the key personnel, with copies of relevant licenses/certificates held, attached.

12.6.2 If Proposer anticipates utilizing any subcontractor to perform work under the awarded contract, provide the name of the subcontractor, a description of the

RFP# FY25-0085 Page 8 of 15 work that the subcontractor will perform, and a description of the subcontractor’s experience in performing the work.

Stadium Manager is committed to increasing contracting opportunities for small businesses with main offices located in Santa Clara County. For individual task orders that require the use of subcontractors, the Contractor(s) selected through this RFP process will be encouraged to solicit proposals for that subcontracted work from local small businesses.

Contractor must have sufficient staffing/vehicles to provide the required services at Levi’s Stadium.

12.7 License Qualifications & Other Proposal Requirements. Proposer must hold a valid, active C-10 Electrical Contractor license issued by the California Contractors State License Board (CSLB) in accordance with the California Business & Professions Code. The license must be current and have been active, without suspension, for a minimum of five (5) consecutive years prior to the deadline for submission of proposals under this RFP and shall remain active for the term of any resulting contract.

12.7.1 Proposer must provide written confirmation that it can perform all services required under this RFP.

12.7.2 Proposer must provide a copy of the Proposer’s CSLB license record or other written confirmation of its California contractor’s classification, license number, and expiration date in its proposal.

12.7.3 Proposer shall provide an affirmative written statement confirming that it has the technical capabilities to perform the work described in Attachment A.

12.7.4 Proposer must provide the total number of employees currently employed by Proposer in its proposal.

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

12.8.1 Attachment B – Cost Proposal

12.8.2 Attachment C – Proposer Certification Form

12.8.3 Attachment D – Exemplar Contract

Proposer shall note any exceptions to the terms and conditions of the Exemplar Agreement. If there are no exceptions, please return the first page of the Exemplar Agreement marked “No Exceptions”. If you have proposed changes, please redline them directly in the Word document. Please note that excessive changes may result in lower proposal scores or disqualification of proposal.

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12.8.4 Attachment F – Customer Reference Form

12.8.5 Exhibit E in Attachment D Exemplar Contract – Public Works Contractor Registration Certification

12.8.6 Exhibit F in Attachment D Exemplar Contract – Contractor’s Certification Regarding Worker’s Compensation Labor Code – Section 1861

13 LATE PROPOSALS

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. Proposers are strongly recommended to allow sufficient time to submit proposals electronically. Proposers are solely responsible for ensuring their responses are completed and submitted electronically prior to closing date and time.

The system will not allow Proposer 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 Proposer 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.

14.2 Attachment G – Labor Compliance Addendum within ten (10) calendar days after the notice of intended award.

14.3 Exhibit F in Attachment D – Performance and Payment Bond within ten (10) calendar days after the notice of intended award

15 SELECTION PROCESS AND EVALUATION CRITERIA

15.1 PROPOSAL RESPONSIVENESS

15.1.1 Proposals will be reviewed to determine if they conform to all material aspects of the RFP.

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

https://49ers.bonfirehub.com/portal/

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15.2 PROPOSAL REVIEW AND EVALUATION

15.2.1 Proposals 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 Proposers 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 proposal 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 Proposers.

15.3 COST PROPOSAL REVIEW AND EVALUATION

Cost and cost realism will be evaluated and scored in accordance with the table in Section 15.6.

15.4 PRESENTATIONS / ORAL INTERVIEWS

Finalists (proposals 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 Proposer’s ability to meet the Stadium Manager’s needs. Oral presentations will not be scored separately. Instead, the Stadium Manager may modify proposal 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 Proposers to revise their original technical and/or cost proposals 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 will request only one BAFO, unless the Stadium Manager determines that another BAFO is warranted.

15.5.3 Proposers are cautioned that the BAFO is optional and at the sole discretion of the Stadium Manager. Therefore, Proposers should not assume that there would be an additional opportunity to amend their technical or price proposals after the original submission of technical and price proposals. Proposers may not request an opportunity to submit a BAFO.

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15.6 EVALUATION CRITERIA

Criteria Score

Proposal Responsiveness Pass/Fail

Project Team Qualifications and Experience 35

Qualifications: Technical Capability, License, and Other Qualifications

Cost 30

Total 100

16 BASIS OF AWARD

16.1 Awards will be made to the Proposer(s) whose proposal(s) provide the best value to the Stadium Manager as determined by the evaluation criteria specified in Section 15.6 above. Stadium Manager intends to award multiple on-call contracts under this RFP and desires to establish a bench of up to three 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 Proposer for all or any portion of the work described herein.

16.3 Should the selected Proposer(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 Proposer for award.

16.4 Stadium Manager reserves the right to accept a proposal in- full, or in-part, or to reject all proposals.

17 PROTESTS

17.1 If an unsuccessful Proposer 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 announcement of the successful Proposer, 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

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18 COLLUSION

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

19 GROUNDS FOR DISQUALIFICATION

All Proposers are expected to have 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 Proposers in regard to the amount, terms or conditions of this proposal.

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

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

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

19.5 Evidence of Proposer’s inability to successfully complete the responsibilities and obligations of the proposal.

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

20 NON-CONFORMING PROPOSAL

A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or to a proposal may be sufficient grounds for rejection of the proposal, 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.

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22 GENERAL INFORMATION

22.1 The successful Proposer(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 RFP.

22.2 All costs associated with responding to this RFP are to be borne solely by the Proposers. By submitting a Proposal in response to this RFP, the Proposer agrees that Stadium Manager shall have no liability or responsibility for any costs accrued by Proposer 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 RFP.

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.

Award of a contract to a Proposer is not a guarantee of work. By submitting a proposal, each Proposer understands and agrees the purpose of this RFP 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 the Stadium Manager, in its sole discretion, chooses to issue a task order seeking specified services.

23 RIGHTS OF STADIUM MANAGER

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

23.1.1 Accept an offer in full, or in part, or to reject all offers.

23.1.2 Make the selection based on its sole discretion.

23.1.3 Reject any and all proposals.

23.1.4 Issue subsequent Requests for Proposals.

23.1.5 Postpone opening proposals for any reason.

23.1.6 Remedy errors in the RFP process.

23.1.7 Approve or disapprove the use of particular subcontractors.

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23.1.8 Negotiate with any, all or none of the Proposers 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 proposals.

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

23.1.13 Cancel all or any part of this RFP.

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 Proposer.

24 PUBLIC NATURE OF PROPOSAL MATERIAL

24.1 All correspondence with the Stadium Manager including responses to this RFP become the exclusive property of the Stadium Manager, Santa Clara Stadium Authority and Forty Niners Stadium Company LLC. At such time as the Stadium Manager awards a contract or rejects all proposals, all proposals received in response to this RFP become a matter of public record and shall be regarded as public records If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer 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 Proposer submits trade secret information, the Proposer 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 Proposer 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 proposal which contains language purporting to render all or significant portions of the proposal “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, the Stadium Manager may determine, in its sole discretion, that the information that a Proposer submits is not a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” or “Proprietary,” the Stadium Manager shall provide the Proposer who

RFP# FY25-0085 Page 15 of 15 submitted the information reasonable notice to allow the Proposer to seek protection from disclosure by a court of competent jurisdiction, at the Proposer's sole expense.

25 PREVAILING WAGE REQUIREMENTS

25.1 Pursuant to Labor Code Section 1773, Stadium Manager has obtained the prevailing rate of per diem wages and the prevailing wage rate for holiday and overtime work applicable in Santa Clara County from the Director of the Department of Industrial Relations for each craft, classification, or type of worker needed to execute the awarded contract. A copy of these prevailing wage rates may be obtained via the internet at: www.dir.ca.gov/dlsr/.

25.2 In addition, a copy of the prevailing rate of per diem wages is available from the Stadium Manager and shall be made available to interested parties upon request. The successful Proposer shall post a copy of the prevailing wage rates at each job site. It shall be mandatory upon the Proposer to whom the contract is awarded, and upon any subcontractors, to comply with all Labor Code provisions, which include but are not limited to the payment of not less than the said specified prevailing wage rates to all workers employed by them in the execution of the awarded contract, employment of apprentices, hours of labor and debarment of contractors and subcontractors.

25.3 Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors that wish to propose upon, be listed in a proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No Proposal will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the Proposer and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the awarded contract. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections

1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections

1725.5 and 1771.1.

25.4 The awarded contract is subject to labor compliance monitoring and enforcement by the Department of Industrial Relations. Additionally, Proposers are advised of the requirements set forth in the Exemplar Contract related to submission of documentation demonstrating compliance with applicable prevailing wage laws, the timely submission of which constitutes a condition of payment.

25.5 In submitting a proposal, it shall be the Proposer’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements set forth herein and applicable law in its proposal.

25.6 Proposer must complete and submit the Public Works Contractor Registration Certification (Exhibit E to the Exemplar Contract) and Contractor’s Certificate Regarding Workers’ Compensation (Exhibit F to the Exemplar Contract) with its

RFP# FY25-0085 Page 16 of 15 proposal. Failure to submit either form with the proposal may render the proposal nonresponsive and subject to rejection.

25.7 Proposer must complete and submit the Labor Compliance Addendum (Attachment G) within ten (10) days after issuance of notice of intended award.

25.8 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 Proposer in the Stadium Manager’s sole discretion.

26 INSURANCE REQUIREMENTS

26.1 The selected Proposer(s), at Proposer’s sole cost and expense and for the full term of the Agreement or any extension thereof, shall obtain and maintain, at a minimum, all of the insurance requirements outlined in the Exemplar Contract to this RFP.

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 Proposer.

15.6 EVALUATION CRITERIA