Bid Notice.pdf

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STATEMENT OF QUALIFICATIONS (SOQ)

Levi’s Stadium Facility Condition Assessment

SOQ# 26-27-12

PROCUREMENT TIMELINE:

Event Key Dates

SOQ Released July 28, 2026

RSVP to Mandatory Pre-Proposal Conference August 11, 2026 by 3:00pm PST

Mandatory Pre-Proposal Conference August 18, 2026 at 11:00am to 1:00pm

PST

Deadline for Questions August 21, 2026 at 3:00pm PST

Deadline for Objections One (1) Week from Proposal Due Date

Proposals Due Date September 11, 2026 at 3:00pm PST The Stadium Authority has developed the above list of key events. All key dates are subject to change at the Stadium Authority’s discretion.

PROCUREMENT CONTACT: RSVP CONTACT:

Mallory Andersen, Contracts Manager Galen Yusufzai-Boggs mandersen@santaclaraca.gov GYusufzaiBoggs@SantaClaraca.gov mailto:mandersen@santaclaraca.gov mailto:GYusufzaiBoggs@SantaClaraca.gov

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TABLE OF CONTENTS

TABLE OF CONTENTS

LIST OF ATTACHMENTS

SECTION 1. INTRODUCTION

SECTION 2. PROJECT OBJECTIVES

SECTION 3. MINIMUM QUALIFICATIONS

SECTION 4. SCOPE OF SERVICES

SECTION 5. TERM OF THE AGREEMENT

SECTION 6. PRE-PROPOSAL CONFERENCE

SECTION 7. HOW TO OBTAIN THIS SOQ

SECTION 8. PROCEDURE FOR SUBMITTING QUESTIONS AND INQUIRIES

SECTION 9. OBJECTIONS

SECTION 10. DELIVERY OF PROPOSALS

SECTION 11. PROPOSAL CONTENT

SECTION 12. CHAPTER 7 – COST/FEE PROPOSAL

SECTION 13. SELECTION PROCESS AND EVALUATION CRITERIA

SECTION 14. AWARD OF CONTRACT

SECTION 15. PUBLIC NATURE OF RESPONSE MATERIALS

SECTION 16. PROTESTS

SECTION 17. COLLUSION

SECTION 18. GROUNDS FOR DISQUALIFICATION

SECTION 19. NON-CONFORMING PROPOSAL

SECTION 20. CONFLICT OF INTEREST

SECTION 21. GRATUITIES

SECTION 22. PROPOSAL PREPARATION COSTS

SECTION 23. NON-DISCRIMINATION

SECTION 24. RIGHTS OF THE STADIUM AUTHORITY

SECTION 25. TAXES

SECTION 26. INSURANCE REQUIREMENTS

SECTION 27. OTHER PUBLIC AGENCY PURCHASES

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LIST OF ATTACHMENTS

The table below provides a list of additional attachments that together form the entire Statement of Qualifications (SOQ) proposal package.

Attachment Title

A Scope of Services

B Procurement and Contract Process Integrity and Conflict of Interest Guidelines

The following must be completed and returned with the proposal:

C Proposer Certification Form

D Exemplar Agreement (including insurance requirements)

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SECTION 1. INTRODUCTION

1.1 The Santa Clara Stadium Authority (“Stadium Authority”) is soliciting proposals from qualified firms to provide Facility Condition Assessment (“FCA”) services for Levi’s Stadium. The FCA shall be a comprehensive, visual, non-destructive assessment of the Stadium’s buildings, structures, systems, equipment, site improvements, and supporting infrastructure. The assessment will identify observed deficiencies, estimate remaining useful life, provide planning-level cost information, and support long-term capital planning, budgeting, and asset management.

1.2 Levi’s Stadium is a large-scale, multi-purpose professional sports and entertainment venue located in Santa Clara, California. The facility includes complex building systems, public assembly areas, premium spaces, back-of-house areas, technology systems, security systems, life-safety systems, vertical transportation, site improvements, utilities, and other supporting infrastructure.

1.3 The Stadium Authority intends to award one agreement to a single firm, which shall serve as the prime consultant and be responsible for managing all required disciplines and subconsultants.

SECTION 2. PROJECT OBJECTIVES

The Stadium Authority seeks a qualified firm to conduct a comprehensive visual Facility Condition Assessment of Levi’s Stadium. The primary objectives are to:

2.1 Determine the general condition of major building systems, site elements, infrastructure, and operational areas.

2.2 Identify visible deficiencies, deferred maintenance, capital renewal needs, and potential modernization requirements.

2.3 Estimate remaining useful life of major systems and components.

2.4 Develop planning-level opinions of probable cost for recommended repair, replacement, rehabilitation, preservation, or modernization work.

2.5 Prioritize recommended work by urgency, risk, life-safety impact, operational impact, and capital planning year.

2.6 Provide financial information to support budgeting, capital improvement planning, and Stadium Authority oversight.

SECTION 3. MINIMUM QUALIFICATIONS

3.1 The Proposer must have completed at least three facility condition assessment, capital asset assessment, building systems assessment, lifecycle/capital planning, or comparable projects within the last seven years.

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3.2 The Proposer’s team must include professionals currently licensed in the State of California, as applicable to the services proposed, including at least one of the following:

3.2.1 California-licensed Professional Engineer; or

3.2.2 California-licensed Architect.

3.3 The proposed Project Manager must have at least five years of experience managing facility condition assessments, building systems assessments, capital planning studies, architectural/engineering assessments, or comparable multidisciplinary facility assessment projects.

SECTION 4. SCOPE OF SERVICES

The services to be provided are described in Attachment A, Scope of Services.

SECTION 5. TERM OF THE AGREEMENT

The anticipated term of the agreement is three (3) years. The Stadium Authority may extend the agreement for such period as necessary to complete any services contemplated under this SOQ.

The anticipated term, including any optional extensions, will be specified in the Stadium Authority’s agreement form or in the final negotiated contract.

SECTION 6. PRE-PROPOSAL CONFERENCE

6.1 There is no pre-proposal conference for this SOQ.

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

6.3 There is a mandatory pre-proposal conference for this SOQ.

6.3.1 The purpose of the pre-proposal conference is for Stadium Authority Staff to present an overview of the SOQ,answer general questions, and provide supplemental project information. Because certain supplemental information may be confidential, interested firms must RSVP and execute a Non-Disclosure Agreement (NDA) prior to participating in the pre-proposal conference. Stadium Authority Staff reserves the right not to answer any questions that are non-applicable or inappropriate. At its discretion, Stadium Authority Staff may defer certain questions and respond to all proposals in writing after the meeting.

6.3.2 A mandatory pre-proposal conference will be held on the date set forth on the cover page. This meeting requirement must be met by attending in-person. There will be sign-in sheet at the conference and all attendees will be required to submit their name, company affiliation, and contact information. The Stadium Authority shall reject proposal(s) from any respondent that was not presented at the conference.

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6.3.3 Proposers who are interested in attending the mandatory pre-proposal conference must RSVP by sending an email to the RSVP Contact listed on the cover page of this document. This will ensure that the Stadium Authority can make arrangements to accommodate all attendees. Specific parking and access instructions will be provided upon receipt and confirmation of Proposer’s RSVP.

Proposers should plan on arriving at least 30 minutes prior to the time listed on the cover page of this document. A maximum of three (3) representatives from each proposing company will be allowed to attend.

6.3.4 The mandatory pre-proposal conference will be held at the following location:

Levi’s Stadium 4900 Marie P DeBartolo Way Santa Clara, CA 95054

SECTION 7. HOW TO OBTAIN THIS SOQ

7.1 This SOQ may be downloaded from the BidNet Direct e-Procurement system located at https://www.bidnetdirect.com/california/cityofsantaclara. Respondents can also find a link at the City of Santa Clara website at www.santaclaraca.gov. At either website, follow the links to register for this online service. You may register for free either online or by calling BidNet Vendor Support at 800-835-4603, Option 2, or via email at support@bidnet.com and telling the support representative that you are registering for City of Santa Clara solicitations.

7.2 All addenda and notices related to this procurement will be posted by the Stadium Authority on BidNet Direct. In the event that this SOQ is obtained through any means other than BidNet Direct, the Stadium Authority will not be responsible for the completeness, accuracy, or timeliness of the final SOQ document.

SECTION 8. PROCEDURE FOR SUBMITTING QUESTIONS

AND INQUIRIES

Questions pertaining to this SOQ should be submitted via BidNet Direct. Please submit all questions by the deadline indicated on the cover page. The Stadium Authority will provide a written response to all pertinent questions in the form of an Addendum. Questions answered on BidNet Direct shall be considered addenda to the SOQ.

SECTION 9. OBJECTIONS

Any objections as to the structure, content or distribution of this SOQ must be submitted in writing to the Procurement Contact by the deadline indicated on the cover page. Objections must be as specific as possible, and identify the SOQ section number and title, as well as a description and rationale for the objection.

https://www.bidnetdirect.com/california/cityofsantaclara http://www.santaclaraca.gov/

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SECTION 10. DELIVERY OF PROPOSALS

10.1 Your proposal must be received by the due date and time listed in BidNet Direct. Proposers should familiarize themselves with BidNet Direct and allow adequate time to upload their proposals. Submittals that are initiated prior to the deadline but not completed by the deadline will not be accepted. The Stadium Authority is not responsible for any late or incomplete submissions due to any technical issues that may be encountered in BidNet Direct.

10.2 Your proposal should be submitted in one file. Submitting multiple files may result in a proposal being marked down or disqualified if the Stadium Authority spends excessive time printing and organizing your proposal.

10.3 The Stadium Authority will accept e-signatures on documents that require a signature.

10.4 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.

SECTION 11. PROPOSAL CONTENT

In order to expedite the evaluation process, each proposal shall be organized and indexed according to the chapters specified below. 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 Authority’s sole discretion.

11.1 Table of Contents

Include a table of contents that identifies the page numbers for each of the various Chapters in the proposal. All pages must be consecutively numbered and correspond to the table of contents.

11.2 Chapter 1 – Letter of Transmittal

11.2.1 Include a transmittal letter identifying the Proposer’s firm and the proposal package being submitted. The letter shall provide the name, title, address, telephone number, and fax number of the individual authorized to contractually bind the firm and be signed by the authorized individual. Also include the name of the contact person for this SOQ.

11.3 Chapter 2 – Company Profile

11.3.1 Provide a brief company profile that identifies the following:

11.3.1.1 years in business, names previously used, and other company affiliations;

11.3.1.2 description of any anticipated changes of ownership or control of the company;

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11.3.1.3 mailing address of the Proposer’s principal place of business; mailing address and phone number of the office from which the services will be provided;

11.3.1.4 registration number with the California Secretary of State;

11.3.1.5 other general information that is deemed significant enough to be highlighted.

11.3.2 Address any pending or current litigation related to services provided by your firm, and any terminated contracts within the past five years with an explanation of the reasons for termination.

11.4 Chapter 3 – California Public Records Act

If you are requesting that section(s) of your submittal be kept confidential, refer to Section 15 for additional instructions on the information that must be included in your proposal.

11.5 Chapter 4 – Executive Summary

11.5.1 Include an executive summary that demonstrates your understanding of the Stadium Authority’s requirements and provides a general overview of how your firm will provide the services described in this SOQ.

11.6 Chapter 5 – Qualifications, Experience and References

11.6.1 Describe your firm’s qualifications providing facility condition assessment, architectural, engineering, capital planning, asset management, or related professional consulting services. Demonstrate your firm’s experience assessing facilities with complex public assembly, crowd circulation, event operations, premium/public areas, back-of-house areas, life-safety systems, and significant mechanical/electrical infrastructure. If the proposer does not have direct stadium experience, the proposer must demonstrate experience with facilities of comparable size, complexity, public access, and operational demands.

11.6.2 Identify the key personnel who will be assigned to this project, including their relevant experience, background, certifications, licenses, and any other pertinent qualifications. Ensure your response demonstrates compliance with the minimum qualifications specified in Section 3.2 and 3.3. Additionally, describe the role that each individual will perform in delivering the required services. Key personnel will be an important factor considered by the evaluation committee. Changes in key personnel may be cause for rejection of the proposal.

11.6.3 If Proposer anticipates utilizing any subcontractor to perform work under the contract, provide the name of the subcontractor, a description of the work that the subcontractor will perform, and a description of the subcontractor’s experience in performing the work.

11.6.4 Provide at least three and up to five relevant projects completed within the last seven years that demonstrate experience with facility condition assessment, architectural, engineering, capital planning, asset management, or comparable

SOQ# 26-27-12 – Levi’s Stadium Facilities Condition Assessment Page 9 of 16 services. Include client name, facility type, scope, year completed, deliverables, project value, and client reference. Ensure your response demonstrates compliance with the minimum qualifications specified in in Section 3.1.

11.7 Chapter 6 – Technical Capability

11.7.1 Describe your proposed approach and work plan for performing a comprehensive visual, non-destructive Facility Condition Assessment of Levi’s Stadium. Include your project management approach, document review, field investigations, coordination with Stadium Authority staff, and schedule management.

11.7.2 Describe your methodology for evaluating facility conditions and identifying deficiencies across building systems, structural elements, site infrastructure, and specialized stadium systems.

11.7.3 Describe your methodology for preparing planning-level opinions of probable cost and developing a prioritized Capital Improvement Plan for a 20- to 25- year planning horizon. Describe how your reports, asset inventory, cost model, and recommendations will be organized to support Stadium Authority budgeting, capital planning, and long-term decision making.

11.7.4 Provide a proposed project schedule identifying major tasks, milestones, deliverables, and the anticipated project completion date. While the Stadium Authority’s desired timeframe for completion is approximately 120 days from issuance of the notice to proceed, Proposers should use their professional judgment to develop a realistic schedule that reflects the scope, level of effort, coordination requirements, and any project restraints.

11.7.5 Discuss any factors that could increase or decrease the Scope of Services, and identify any areas or aspects within the Scope of Services that are of concern to you. Identify any assumptions, exclusions, recommended clarifications, or proposed refinements to the Scope of Services.

SECTION 12. CHAPTER 7 – COST/FEE PROPOSAL

12.1.1 Submit a cost/fee proposal that includes a not-to-exceed amount with a breakdown of cost by task for completing the scope of work described in Attachment A. The cost/fee proposal shall identify all anticipated labor, subconsultant costs, reimbursable expenses, travel, materials, and any other costs necessary to complete the work. Include a detailed fee schedule showing hourly rates by position/classification for the prime consultant and all proposed subconsultants, which may be used for any authorized additional or optional services.

12.1.2 Cost/fee proposals must include all anticipated costs, including travel, per diem, and out of pocket expenses. Please note the Stadium Authority does not pay for services before it receives them. Therefore, do not propose contract terms that call for upfront payments or deposits.

12.1.3 Provide the cost/fee proposal in a separate file.

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12.2 Chapter 8 – Proposer Certification Form

12.2.1 Submit the Proposer Certification Form (Attachment C) signed by an authorized representative.

12.3 Chapter 9 - Exemplar Agreement

12.3.1 The successful Proposer will be required to enter into an agreement with terms and conditions in substantial conformity with Attachment D.

12.3.2 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”. Please note that excessive changes may result in lower proposal scores, or disqualification of proposal.

SECTION 13. SELECTION PROCESS AND EVALUATION

CRITERIA

13.1 Evaluation Criteria

Proposals will be evaluated to determine the proposal that offers the best value to the Stadium Authority. The evaluation will be based upon the following criteria, listed in the order of descending priority. Although some factors are weighted more than others, all are considered necessary, and a proposal must be acceptable in each area to be eligible for award.

Evaluation Criteria Weight

Proposal Responsiveness Pass/Fail

Company Information, Experience & Qualifications 50%

Technical Capability 50%

Total 100%

13.2 Proposal Responsiveness

13.2.1 Proposals will be reviewed to determine if all required documentation was included with the proposal submittal.

13.2.2 Proposals that fail to contain the required documents will be disqualified from further consideration.

13.3 Proposal Review And Evaluation

13.3.1 Technical proposals will be evaluated based on the general criteria and their corresponding weights as outlined in Section 13.1.

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13.3.2 The Stadium Authority may seek clarification from any or all Proposers to better understand and evaluate the proposals. This process may not be used as an opportunity to submit missing documentation or to make substantive revisions to the original proposal.

13.3.3 The Stadium Authority reserves the right to rely on information from sources other than the information provided by the Proposers.

13.4 Presentations / Oral Interviews (if held)

13.4.1 Finalist(s) (proposal(s) 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 Authority to fully understand the Proposer’s ability to meet the evaluation criteria. Finalist(s) will be notified in writing of the date, place, time and format of the interview or presentation.

13.4.2 Oral presentations will not be scored separately. Instead, the Stadium Authority may modify proposal scores and resulting rankings based on the oral presentation

13.4.3 Proposers are cautioned that oral presentations are optional and at the sole discretion of the Stadium Authority, unless otherwise specified in Section 13.1.

Therefore, Proposers should not assume that there would be an additional opportunity to revise their technical proposals after their original submission.

Proposers may not request an opportunity for oral presentations.

13.5 Best And Final Offer (BAFO)

13.5.1 A Best and Final Offer (BAFO) may be held with finalist(s) 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 Authority.

The Stadium Authority 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.

13.5.2 The Stadium Authority will request only one BAFO, unless the Purchasing Officer determines in writing in the procurement file that another BAFO is warranted.

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

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SECTION 14. AWARD OF CONTRACT

14.1 Notice of Intended Award

14.1.1 The Stadium Authority will determine the ranking of the proposals in accordance with Section 13.1. above.

14.1.2 Based on the rankings, the Stadium Authority will negotiate contract terms and rates/costs with the highest-ranked Consultant(s). If the Stadium Authority is unable to negotiate a satisfactory contract with the highest ranked Consultant(s), then the Stadium Authority will go through the negotiation process with the next firm in the rankings, continuing this procedure until an agreement is reached or the list of ranked qualified firms is exhausted. The Stadium Authority may negotiate with more than one Consultant at the same time.

14.2 Post-Notice of Intended Award Attachment Submittals

Intended awardee(s) are required to submit the following information and documents by the specified time below, unless the Stadium Authority grants an extension in its sole discretion.

Failure to provide the documents within the time frame may result in withdrawal of the recommendation of award, and award will be made to the next highest ranked Proposer.

14.2.1 Certificate of Insurance (insurance requirements outlined under Exhibit C of the Exemplar Agreement within ten (10) calendar days after the Notice Of Intended Award.

14.3 Execution of Contract

The recommendation of award and agreement shall not be binding or valid with the Stadium Authority unless and until it is approved by the Stadium Authority Board, if so required, and executed by authorized representatives of the Stadium Authority and of the successful Proposer.

SECTION 15. PUBLIC NATURE OF RESPONSE MATERIALS

15.1 All materials submitted in response to this solicitation become the exclusive property of the Stadium Authority. At such time as the Stadium Authority awards a contract, all materials received in response to this solicitation become a matter of public record and shall be regarded as public records. If you must include confidential or proprietary information that you believe is exempt from disclosure, you must (a) clearly mark the specific information as “Confidential,” “Trade Secret,” or “Proprietary,” (b) state the specific provision in the Public Records Act that provides the exemption; and (c) provide the factual basis for claiming the exemption in each specific instance. In addition, you must separately provide a redacted version of your response materials.

15.2 The Stadium Authority shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary,” or if disclosure, in the Stadium Authority’s sole discretion, is required under the California Public Records Act as addressed below. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” may be regarded as non-responsive.

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15.3 Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the Stadium Authority 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 Authority shall provide the Proposer who submitted the information notice of the request. Proposer shall immediately notify Stadium Authority whether Proposer will seek protection from disclosure by a court of competent jurisdiction. Any such action will be at the Proposer's sole expense. If, after receiving the foregoing notice from the Stadium Authority, Proposer takes no action or is not responsive as determined by the Stadium Authority, the Stadium Authority will disclose Proposer’s information without any liability or further duty of protecting the information.

SECTION 16. PROTESTS

16.1 If an unsuccessful Proposer wants to dispute the award recommendation, the protest must be submitted in writing to the contact listed below no later than ten (10) calendar days after the publication of the Notice of Intended Award. The protest must provide a detailed explanation of the grounds for the protest, the factual basis for the protest, and include all supporting information. Protests will not be considered for disputes of proposal requirements and specifications, which must be addressed in accordance with Objections Section above. Failure to submit a timely written protest to the contact listed below will bar consideration of the protest.

16.2 The address for submitting protests is:

1500 Warburton Avenue Finance Department- Purchasing Division

Santa Clara, CA 95050 Attention: Purchasing Officer

SECTION 17. 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.

SECTION 18. GROUNDS FOR DISQUALIFICATION

All Proposers are expected to have read and understand Attachment B, 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:

18.1 Evidence of collusion, directly or indirectly, among Proposers in regard to the amount, terms or conditions of this proposal.

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

18.3 Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the Stadium Authority.

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

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

18.6 Proposer’s default under any previous agreement with the Stadium Authority.

SECTION 19. NON-CONFORMING PROPOSAL

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

SECTION 20. CONFLICT OF INTEREST

20.1 Proposer(s) may not have any interest in any potential future Stadium Authority procurements that may result from the work performed under the agreement resulting from this SOQ.

20.2 For the purpose of the State of California’s conflict of interest rules, consultants who make or influence governmental decisions are required to file Statements of Economic Interest, known as a “Form 700.”

SECTION 21. GRATUITIES

No person shall offer, give or agree to give any Stadium Authority employee any gratuity, discount or offer of employment in connection with the award of contract by the Stadium Authority. No Stadium Authority 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 Authority contract.

SECTION 22. PROPOSAL PREPARATION COSTS

All costs associated with responding to this request are to be borne by the Proposer.

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SECTION 23. NON-DISCRIMINATION

It is the Stadium Authority’s policy that the selected firm 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 Authority contracts.

SECTION 24. RIGHTS OF THE STADIUM AUTHORITY

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

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

24.2 Issue subsequent Requests for Proposals.

24.3 Postpone opening proposals for any reason.

24.4 Remedy errors in the Request for Proposals process.

24.5 Approve or disapprove the use of particular subconsultants.

24.6 Negotiate with any, all or none of the Proposers.

24.7 Accept other than the lowest offer.

24.8 Waive informalities and irregularities in the proposals.

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

SECTION 25. TAXES

25.1 Do not include California retail sales tax in your bid price.

25.2 The Stadium Authority is exempt from federal excise tax, including federal transportation tax. The Stadium Authority will provide an exemption certificate as appropriate.

25.3 Contractors conducting business in the City of Santa Clara or using their own trucks to deliver merchandise must pay a City of Santa Clara Business Tax. To apply for a business license, Contractors must complete the business license application at https://www.santaclaraca.gov/home/showdocument?id=65820.

https://www.santaclaraca.gov/home/showdocument?id=65820

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SECTION 26. INSURANCE REQUIREMENTS

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 Exhibit C to the Exemplar Agreement.

SECTION 27. OTHER PUBLIC AGENCY PURCHASES

27.1 It is intended that any other public agency be permitted to purchase under the terms submitted in response to this procurement. Any participating public agency shall accept sole responsibility for the placing of orders, arranging for delivery and/or services, and making payments to the Contractor. The Stadium Authority will not be liable or responsible for any obligations, including but not limited to financial responsibility, in connection with participation by other public agencies.