Flood_Park_Restroom_A_Sewer_Line_Replacement_(Addendum_#3_Revision).pdf

County of San Mateo

Request for Proposals (RFP) for Flood Park Restroom A

Sewer Line Replacement

Parks Department

RFP No. 2026-RFP-00308

RFP Contact: Travis Dunn tdunn1@smcgov.org

1. Introduction and Schedule

The County of San Mateo (the “County” or “SMC”) covers most of the San Francisco Peninsula. The region covers 744 mi and is home to nearly 800,000 residents and 20 incorporated cities. The County provides for the health and welfare of all people within its borders and serves as the local government for the unincorporated areas. Innovation thrives here in industries including bioscience, computer software, green technology, hospitality, financial management, health care, education and transportation. The

County prides itself on how that prosperity fosters its commitment to protecting and enhancing the health, safety, welfare and natural resources of the community.

1.1. Summary

The County of San Mateo (“County”) covers most of the San Francisco Peninsula. The region covers 744 mi2 and is home to approximately 750,000 residents. The County is made up of 20 incorporated cities.

The County provides for the health and welfare of all people within its borders and serves as the local government for the unincorporated areas. Innovation thrives here in industries including bioscience, computer software, green technology, hospitality, financial management, health care, education, and transportation. The County prides itself on how that prosperity fosters its commitment to protecting and enhancing the health, safety, welfare, and natural resources of the community.

The San Mateo County Parks Department (“Department”) serves nearly three million visitors every year.

Visitors have many options when visiting the County’s unique park system. With 24 parks and recreation areas, over 16,000 acres of park land, and 190 miles of trail, the Department provides healthy outdoor activities, educational opportunities, and lasting memories.

Due to the diversity of the park system, visitors can enjoy an array of recreational opportunities, including walking; running; hiking; biking; picnicking; horseback riding; sailing; kite surfing; fishing; camping;

gardening; tidepooling; volunteering; learning; sports courts; and playing on playgrounds.

1.2. Background

The Flood Park Restroom sewer line consists of approximately 130 linear feet of 6-inch vitrified clay

(terra cotta) pipe dating to the original construction. The existing sewer line is in a state of failure and requires full replacement. Documented deficiencies include a pronounced belly in the line, progressive separation of pipe joints resulting in groundwater infiltration, and significant root intrusion.

The sewer line extends from the restroom facilities to the downstream manhole connection. Replacement of the entire sewer line from the restroom structure to the manhole is required. Acceptable construction methods include directional boring or open trench installation. The replacement line must be installed at the proper grade to ensure adequate conveyance of solids, with a minimum slope of 1 percent required.

Two lateral connections currently discharge into the sewer line. One connection serves a bathroom

(toilet/sink) and kitchen (sink only) located in the adjacent adobe building, as shown in the provided photographs. A new two-way cleanout is required for this lateral connection. The second connection serves a public restroom facility consisting of two sinks, four toilets, and two urinals. The restroom’s interior plumbing and associated sewer lateral are existing, newly constructed, and currently functioning.

This existing lateral connects to the main sewer via a Y-connection at an unknown exact location. As part of this project, the contractor shall reconnect the replacement sewer main to the existing public restroom lateral at this Y-connection. Replacement or reconstruction of the restroom lateral or interior plumbing is not included in the scope of work.

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The completed work shall result in a fully functional sewer system with appropriate slope, durable materials, and compliant connections to eliminate infiltration, root intrusion, and structural deficiencies.

1.3. Contact Information

Project Contact:

Travis Dunn Contract Administrator II Email: tdunn1@smcgov.org Phone: (650) 599-1229

Procurement Contact:

Travis Dunn Contract Administrator II Email: tdunn1@smcgov.org Phone: (650) 599-1229

Department:

Parks Department

Department Head:

Emma Gonzalez Director

1.4. Timeline

RFP Released January 21, 2026

Pre-Proposal Meeting (Non-Mandatory) January 29, 2026, 10:00am

Flood Park - 215 Bay Rd, Menlo Park, CA 94025

Deadline for Questions, Comments and

Contract Exceptions

February 4, 2026, 5:00pm

Proposal Due Date and Time February 12, 2026, 5:00pm

2. Scope of Work

2.1. Scope of Work

Scope of Work: Flood Park Restroom A Sewer Line Replacement

Summary

The County of San Mateo is seeking qualified contractors to replace the existing sewer line servicing

Restroom A at Flood Park. The current sewer line, approximately 130 feet in length, is constructed of 6-mailto:tdunn1@smcgov.org tel:(650)599-1229 mailto:tdunn1@smcgov.org tel:(650)599-1229

Page 4 of 17 Release date of January 21, 2026 inch terra cotta pipe and is experiencing significant issues including a belly, pipe section separation, groundwater infiltration, and root intrusion. The project will involve the full replacement of the sewer line from the restroom to the manhole connection, ensuring proper pitch and functionality. Both directional boring and open trench methods are acceptable for this project. The new line must meet a minimum slope of 1% to ensure proper flow of solids. Additionally, the project will include the installation of a new lateral line connected to the adobe building with the installation of a two-way clean-out.

Detailed Specifications

A. Pipe Specifications:

o Material: High-Density Polyethylene (HDPE) or Polyvinyl Chloride (PVC) SDR 35.

o Diameter: 6 inches.

o Length: Approximately 130 feet.

o Minimum Slope: 1% (1/8 inch per foot).

B. Installation Methods:

o Directional Boring: Must ensure minimal disruption to the surrounding area.

o Open Trench: Must include proper shoring and safety measures as per OSHA standards.

C. Connections:

o Adobe Building: One connection that includes a bathroom (toilet and sink) and kitchen (sink only).

o Public Restroom: Two sinks, four toilets, and two urinals (lateral hook-up).

D. Clean-Out Installation:

o Location: Near the connection of the adobe building and on back side of restroom where cleanout occurs and new sewer line will begin.

o Type: One-way, and two-way clean-out with a removable cap.

E. Manhole Connection:

o Ensure a secure and watertight connection to the existing manhole.

F. Standards and Codes:

o All work must comply with the latest edition of the California Plumbing Code (CPC).

o All materials and installation methods must meet ASTM standards.

o Contractor must adhere to all local, state, and federal regulations, including OSHA safety standards.

Service Requirements

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A. Site Preparation:

o Contractor must conduct a site survey to identify any potential obstacles or hazards.

o All necessary permits must be obtained before commencing work.

o Contractor must provide a detailed work plan, including a timeline and safety measures.

B. Excavation and Installation:

o Contractor must ensure minimal disruption to park operations and public access.

o All excavated areas must be properly shored and secured.

o Contractor must install the new sewer line with the specified slope and ensure all connections are secure and watertight.

C. Testing and Inspection:

o Contractor must conduct a pressure test and video inspection of the new sewer line to ensure there are no leaks or blockages.

o All work must be inspected and approved by a County of San Mateo representative before backfilling.

D. Backfilling and Restoration:

o All trenches must be backfilled and compacted to prevent settling.

o Contractor must restore the site to its original condition, including landscaping and pavement repair as necessary.

E. Documentation:

o Contractor must provide as-built drawings and a detailed report of the work completed.

Delivery Requirements

A. Timeline:

o Project must be completed within 60 days from the start date.

o Contractor must provide a detailed project schedule within 5 days of contract award.

B. Work Hours:

o All work must be conducted between 7:00 AM and 5:00 PM, Monday through Friday. Any work prior to 8:00 AM cannot be of a volume that would disturb surrounding residences.

o Any work outside these hours must be approved in advance by the County of San Mateo.

C. Coordination:

Page 6 of 17 Release date of January 21, 2026 o Contractor must coordinate with County of San Mateo representatives to ensure minimal disruption to park operations.

o Regular progress meetings must be held to review the status of the project and address any issues.

D. Delivery and Storage of Materials:

o All materials must be delivered to the site in a timely manner to avoid project delays.

o Contractor is responsible for the secure storage of all materials and equipment on-site.

By adhering to the above scope of work, the County of San Mateo aims to ensure a successful and efficient replacement of the sewer line servicing Flood Park Restroom A, thereby improving the functionality and reliability of the park's infrastructure.

3. Submission Requirements

3.1. Submission Deadline

Proposals must be electronically received by 5:00 pm, on Thursday, February 12, 2026 via eProcurement system.

Allow sufficient time for the upload to complete by the Due Date and Time. Partial uploads will automatically terminate, and proposals will be rejected. The eProcurement system submission time will be the official submission time. The County will not be responsible for and may not accept proposals that are late due to slow internet connections or for any other failure of the eProcurement system.

NOTE: The County does not maintain the eProcurement system and is not liable for site failures or technical problems. To resolve technical issues, contact OpenGov Technical Support by using the real time chat located in the lower right hand corner of the screen, or via email at procurement-support@opengov.com https://procurement.opengov.com/portal/smcgov

3.2. Pre-submission Registration

Organizations or individuals interested in responding to this solicitation must register online with the

County of San Mateo at:

• https://procurement.opengov.com/portal/smcgov

It is recommended that organizations complete this registration as soon as possible. The County will not be responsible for and may not accept proposals that are late due to a failure to register in the eProcurement system.

3.3. Submission via eProcurement Portal

Required Documents

Please refer to the Technical Proposal section for submittal documents and requirements.

mailto:procurement-support@opengov.com mailto:procurement-support@opengov.com https://procurement.opengov.com/portal/smcgov https://procurement.opengov.com/portal/smcgov https://procurement.opengov.com/portal/smcgov/projects/230133/document?section=2181889

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Electronic Submissions

Include the proposer name and the RFP title and number in each filename. Submit proposals via the eProcurement website, allowing sufficient time for the upload to complete by the Due Date and Time. As noted above, the eProcurement portal submission time will be the official submission time, and partial uploads will automatically terminate, and proposals will be rejected. Contact eProcurement Portal with technical questions regarding this site.

Conflicts between Certain Requirements

Prior to the submission deadlines and solely relating to a determination of the timeliness of questions, comments, and proposal submissions, information displayed on the eProcurement portal site will take precedence in the event of a discrepancy between that information and the information within the solicitation documents. For all other discrepancies, the information in the solicitation documents will take precedence.

Format

Documents should be created in the following format:

• Text should be Times New Roman (12-point minimum font size) and unjustified (i.e., with a ragged-right margin)

• Pages should have margins of at least one inch on all sides (excluding headers and footers)

• If the proposal is lengthy, a Table of Contents should be included.

• PDF format is preferred.

Errors in Proposals

The County will not be liable for any errors in proposals. Proposals may be rejected as unresponsive if they are late, incomplete, missing pages or information, or cannot be opened for any reason. The County may waive minor irregularities, but such waiver will not modify any remaining RFP requirements.

3.4. Procurement Preference for Local Businesses and Local Non-Profits

The County of San Mateo has adopted a Procurement Preference for Local Businesses Ordinance (County

Ord. Code Ch. 2.89.) The purpose of this Ordinance is to promote a strong local economy by giving preference to local businesses, local non-profits, local small and micro businesses, and local small and micro non-profits in County procurements, to the extent consistent with the law and interests of the public. The County’s process for applying local preferences to competitive procurements is set forth in

County Ordinance Code Section 2.89.030. The Ordinance and exemptions (e.g. the ordinance will be exempt when all bids or proposals received are from Non-Profit Organizations) can be reviewed here:

Chapter 2.89 - PROCUREMENT PREFERENCE FOR LOCAL BUSINESSES | Code of Ordinances |

San Mateo County, CA | Municode Library

The requirements for bidders to establish eligibility for a local preference for this solicitation are detailed below in Section III (Submission Requirements) The Ordinance does not apply if a procurement is determined to be exempt (County Ord. Code sec. 2.89.050), and the County reserves the right to waive https://library.municode.com/ca/san_mateo_county/codes/code_of_ordinances?nodeId=TIT2AD_ART2.8INFIPRCOCO_CH2.89PRPRLOBU https://library.municode.com/ca/san_mateo_county/codes/code_of_ordinances?nodeId=TIT2AD_ART2.8INFIPRCOCO_CH2.89PRPRLOBU

Page 8 of 17 Release date of January 21, 2026 application of the Ordinance to this procurement if determined to be in the best interests of the County

(County Ord. Code sec. 2.89.060).

4. Minimum Qualifications, Local Preference Ordinance, and Technical Proposal

4.1. Minimum Qualifications

4.1.1. Has Proposer has been providing similar services for a minimum of four (4) years within the last seven (7) years?*

☐ Yes

☐ No

*Response required

4.1.2. Vendor is not excluded, suspended, or debarred from the System for Award

Management (SAM).*

SAM.gov

☐ Please confirm

*Response required

4.1.3. What is the registered Business Name and Unique Entity ID (UEI) No.? (If Applicable)

• UEI number can be obtained by registering your business through SAM.GOV

• Should you be in the process of obtaining your UEI number, please enter the digits ‘123’ temporarily for your response below in order to proceed with proposal. This temporary number should be replaced with the correct registration number for submission of the proposal.

4.2. Procurement Preference for Local Businesses and Local Non-Profits

4.2.1. Is the Proposer a "Local Business"?

As Defined by Chapter 2.89.020 of the San Mateo County Ordinance Code, a “Local Business” means any for-profit business which has its principal place of business, or is headquartered, in San Mateo

County. If this designation applies to the proposer, a self-attestation form must be completed and provided with this response.

Please download the below documents, complete, and upload. If this designation is not applicable, please leave blank.

• SMC_LocalBusiness_self-atte...

4.2.2. Is the Proposer a Non-Profit?*

A Non-Profit is defined as a tax-exempt public charity organization (within the meaning of section

501(c)(3) of the Internal Revenue Code) that is formed for purposes other than making a profit, is exempt from paying federal income taxes on the income generated for their exempt purposes.

☐ Yes

☐ No

*Response required https://sam.gov/content/home https://government-project.s3.us-west-2.amazonaws.com/153456/a16ffdc0-a0ee-44ca-b6de-1fddd010042f_SMC_LocalBusiness_self-attestation_form_120424.pdf

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When equals "Yes"

4.2.3. Is the Proposer a "Local Non-Profit"

As Defined by Chapter 2.89.020 of the San Mateo County Ordinance Code, a “Local Non-Profit" means a tax-exempt public charity organization (within the meaning of section 501(c)(3) of the

Internal Revenue Code) that is formed for purposes other than making a profit, is exempt from paying federal income taxes on the income generated for their exempt purposes, and has its principal place of business, or is headquartered, in San Mateo County. If this designation applies to the proposer, a self-attestation form must be completed and provided with this response.

Please download the below documents, complete, and upload. If this designation is not applicable, please leave blank.

• SMC_LocalBusiness_self-atte...

4.2.4. Is the Proposer a Local "Small" or "Micro" Business?

As Defined by Chapter 2.89.020 of the San Mateo County Ordinance Code:

“Small Business” means any business which holds a Small Business Certification awarded by the

California Office of Small Business and Disabled Veteran Business Enterprise Services (OSDS).

“Micro Business” means any Small Business certified by the OSDS which is automatically designated by the OSDS as a Micro Business due to gross annual receipts falling below the OSDS-designated dollar amount.

If the above designations apply, please provide the OSDS provided Certification ID.

If this designation is not applicable, please leave blank.

4.2.5. Is the Proposer a Local "Small" or "Micro" Non-Profit?

As Defined by Chapter 2.89.020 of the San Mateo County Ordinance Code:

“Small Non-Profit" means a Local Non-Profit with an annual revenue of $1,000,000 to $2,500,000 according to its most recently filed IRS Form 990.

“Micro Non-Profit" means a Local Non-Profit with an annual revenue of less than $1,000,000, according to its most recently filed IRS Form 990.

If the above designations apply, please provide your latest filed IRS form 990. A filing from the last two calendar years is acceptable.

If this designation is not applicable, please leave blank.

4.3. Technical Proposal

4.3.1. Introduction and Executive Summary *

Submit a letter of introduction and executive summary of the proposal. The letter must contain:

• Name, title and contact information (email, phone, and address) for representative of proposer that is responsible for communication related to this RFP.

https://government-project.s3.us-west-2.amazonaws.com/153456/80d29c2f-acda-4b87-837e-cb4ead1fb303_SMC_LocalBusiness_self-attestation_form_120424.pdf

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• Name, title, contact information, and signature of person authorized to obligate firm to perform the commitment contained in the proposal.

Submission of the letter will constitute a representation by proposer that it is willing and able to perform the commitments contained in the proposal and has not violated the terms of this RFP.

*Response required

4.3.2. Project Approach*

This section should correlate to the Scope of Work . Proposer should give a short summary describing how it will perform the relevant work

*Response required

4.3.3. Scope of Work tasks/milestones*

Describe your proposed approach to tasks/milestones

*Response required

4.3.4. Proposed schedule *

Attach proposed schedule reference ability to complete the project within the County's required time frame

*Response required

5. Pricing Proposal

Line Item Description Quantity Unit of

Measure Unit Cost Total

1 Mobilization and Demobilization 1 $

2 Traffic Control and Site Protection (as required) 1 $

3 Utility Locates and Potholing 1 $

4 Demolition and Removal of Existing

6-inch Terra Cotta Sewer Pipe

130 LFT

5 Trenching and Excavation for Sewer

Line (including shoring, dewatering as required)

130 LFT

6 Directional Boring for Sewer

Installation (if selected by Contractor)

130 LFT

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Line Item Description Quantity Unit of

Measure Unit Cost Total

7 Furnish and Install New 6-inch Sewer

Pipe (PVC SDR-35 or approved equal), including bedding and backfill

130 LFT

8 Install Sewer Line at Minimum 1%

Slope, Complete with Grade

Verification

1 $

9 New Lateral Installation – Adobe

Building Bathroom (Toilet/Sink) and

Kitchen (Sink only)

1 $

12 Connection to Existing Downstream

Manhole 1 $

13 Sewer Testing (Leakage, Video

Inspection, or Mandated Tests) 1 $

14 Surface Restoration (pavement, concrete, landscaping, irrigation, etc.)

1 $

15 Final Cleanup and Site Restoration 1 $

16 As-Built Drawings and Closeout

Documentation 1 $

17 Connection to existing public restroom lateral line 1 $

18 Cleanout installed at beginning of new sewer line, and two-way cleanout at

Adobe building

1 $

TOTAL

6. Evaluation and Selection Criteria

The proposals will be evaluated by a selection committee with relevant expertise. The County intends to evaluate the proposals generally in accordance with the criteria itemized below. Proposers with the highest scoring proposals may be interviewed by the committee to make the final selection.

No. Evaluation Criteria Scoring Method Weight (Points)

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1. Price

An additional three percent (3%) preference shall be given to a Local Business or Local

Non-profit (for a total of eight percent (8%) of total points awardable) if the proposer is a

Small Business or Small Non-Profit, or an additional 5 percent preference (for a total of ten percent (10%) of total points awardable) if the proposer is a Micro Business or Micro Non-

Profit.

Points Based 25 (100% of Total)

7. Instructions to Proposers

7.1. Instructions

There will be no pre-proposal conference or site visit for this project.

7.2. Communications

A. As of the issuance date of this RFP and continuing until it is canceled or an award is made, no proposer or person acting on behalf of a prospective proposer may discuss any matter relating to the RFP with any officer, agent, or employee of the County, other than through eProcurement portal, to the Authorized Contact Person, or as outlined in the evaluation or protest procedures.

B. Proposers (including any agent, owner, employee, board members, or other such affiliates) shall not offer any gift, favor, or other personal benefit to any County officer or employee during the procurement process for this agreement, including during the solicitation period and contract negotiations.

Violation of the foregoing prohibitions may result in a proposer being found non-responsible and barred from participating in this or future procurements.

7.3. Contract Award

A. Award Procedure

Contract negotiations are neither an offer nor guarantee that a contract will be executed. A contract award, if any is made, will be to the responsive, responsible proposer offering the overall best value to the County for the services and goods described in this solicitation, or as applicable, for a specific portion of the services and goods described. Any agreement reached will be memorialized in a formal agreement using the attached template, executed by the appropriate authority.

B. Notice of Intent to Award

If a decision is made to take steps to enter into an agreement with one or more proposers, the

County will post a Notice of Intent to Award or otherwise notify proposers the remaining proposers of their non-selection. Notice may instead be provided by including approval of the agreement as an item on an agenda for a meeting of the Board of Supervisors.

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C. Commencement of Performance

After all parties have signed the agreement, the County will notify the contractor and performance may proceed. Prior to execution of the agreement by the County, no County employee may authorize work under the agreement. Any work performed prior to the full execution of the Agreement may not be compensated.

D. Levine Act DisclosureThe Levine Act (California Government Code Section 84308) imposes certain requirements on parties contracting with the County of San Mateo related to campaign contributions to County “officers,” including elected County officers and candidates seeking elective office, who may participate in making a decision on certain County contracts. Elected

County officers in San Mateo County include: the San Mateo County Board of Supervisors, Assessor-County Clerk-Recorder, County Controller, Coroner, District Attorney, Sheriff, and Tax

Collector-Treasurer.Generally, under current County policy, approval by the Board of

Supervisors is required for any agreement for services above $200,000, and agreements for services below that threshold may be approved by Department heads.If your proposal is selected, you will be required to certify compliance with the Levine Act.As part of this process, you will need to certify and warrant that you have fully complied, and will remain in full compliance, with all applicable requirements of the Levine Act in connection with the

Agreement, including making any required disclosures of campaign contributions to County

Officers, which includes but may not be limited to elected County Officers. Elected County

Officers include members of the San Mateo County Board of Supervisors, as well as the

Assessor-County Clerk-Recorder, Controller, Coroner, District Attorney, Sheriff, and Tax

Collector-Treasurer. Any campaign contribution required to be disclosed under the Levine Act in connection with this Agreement shall be disclosed on the County of San Mateo Levine Act

Disclosure Form, a copy of which is available from the County upon request.Parties are solely responsible for accurate certification and disclosure. The Levine Act is complex, and this brief description is not legal advice. For example, certain contributions must be aggregated when determining whether contributions have exceeded the $500 threshold. If your proposal is selected, you are urged to review the Levine Act and consider consulting an attorney.

7.4. Term

Parks Department is issuing Request for Proposal (RFP) No. 2026-RFP-00308 for Flood Park Restroom

A Sewer Line Replacement.

The agreement shall have a term of one (1) year. The County’s standard contract template has been included with this solicitation. The awarded contractor will be expected to sign an agreement prepared by the County using this template. Please ensure that your firm has completed legal review of these contract terms. If your firm wishes to request exceptions to these standard terms, submit a Contract Exceptions

Request by the Deadline for Questions, Comments and Contract Exceptions listed in the Solicitation

Schedule below. The County will consider Contract Exceptions Requests but reserves the right to reject requested modifications to its standard terms.

8. Terms and Conditions for Receipt of Proposals

Page 14 of 17 Release date of January 21, 2026

8.1. Errors, Omissions and Inquiries regarding the RFP

Proposers are responsible for reviewing all portions of this RFP. Proposers are to notify the department, in eProcurement portal, if the proposer discovers any ambiguity, discrepancy, omission, or apparent error in the RFP. Such notification should be made promptly after discovery, but in no event later than five business days prior to the deadline for receipt of proposals. Modifications and clarifications will be made by addenda as provided below.

Inquiries regarding the RFP should be lodged in eProcurement portal.

8.2. Objections to RFP Terms

Should a proposer object on any ground to any provision or legal requirement set forth in this RFP, the proposer must, not more than ten calendar days after the RFP is issued, provide written notice to the department, via eProcurement portal, setting forth with specific grounds for the objection.

8.3. Addenda

The County may cancel, revise, or reissue this RFP, in whole or in part, for any reason. Revisions will be posted as Addenda on eProcurement portal. No other revision of this RFP is valid. Proposers shall be responsible for ensuring that their proposals reflects any and all Addenda issued by the County prior to the proposal due date regardless of when a proposal is submitted. Therefore, the County recommends that proposers consult eProcurement portal frequently, including shortly before the proposal due date, to confirm that all Addenda have been downloaded.

8.4. Term of Proposal

Submission of a proposal signifies that the proposed services and prices are valid for the duration of the proposed agreement term and that the quoted prices are genuine and not the result of collusion or any other anti-competitive activity.

8.5. Revision or Withdrawal of Proposal

A proposer may revise a proposal on the proposer’s own initiative at any time before the deadline for submission of proposals. The proposer must submit the revised proposal in the same manner as the original on or before the proposal due date.

A proposer may withdraw a proposal at any time before the deadline for submission of proposals. After that time, whether or not a new RFP is issued for the same subject matter, withdrawal of a proposal may preclude the proposer from participating in the procurement as a proposer or subcontractor, except that an original equipment manufacturer may participate indirectly through a reseller.

8.6. Errors and Omissions in Proposal

The County will not be liable for any errors in proposals. Proposals may be rejected as unresponsive if they are incomplete, are missing pages or information, or cannot be opened for any reason. The County may waive minor irregularities, but such waiver will not modify any of the remaining RFP requirements.

8.7. No Commitment

Neither submission of a proposal nor the County’s receipt of proposal materials confers any right to the proposer nor any obligation on the County. This RFP does not commit the County to award a contract.

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8.8. Financial Responsibility

The County shall have no financial responsibility for any costs incurred by a firm in responding to this

RFP or participating in any presentations or negotiations.

8.9. Estimated Quantity

If the RFP results in an indefinite quantity or a requirements agreement, the goods and services actually requested by the County may be less than the maximum value of the agreement and there is no guarantee, either expressed or implied, as to the actual quantity of goods and services that will be authorized under the agreement.

8.10. Public Record

A. General

1. All proposals, protests, and information submitted in response to this solicitation will become the property of the County and will be considered public records. As such, they may be subject to public review.

2. Any contract arising from this RFP will be a public record.

3. The County is not seeking proprietary information and will not assert any privileges that may exist on behalf of the proposer.

4. Submission of any materials in response to this RFP constitutes:

▪ Consent to the County’s release of such materials under the Public Records Act without notice to the person or entity submitting the materials; and

▪ Waiver of all claims against the County and/or its officers, agents, or employees that the

County has violated a proposer's right to privacy, disclosed trade secrets, or caused any damage by allowing the proposal or materials to be inspected; and

▪ Agreement to indemnify and hold harmless the County for release of such information under the Public Records Act; and

▪ Acknowledgement that the County will not assert any privileges that may exist on behalf of the person or entity submitting the materials.

8.11. Reservations of Rights by the County

The issuance of this RFP does not constitute an agreement by the County that any contract will actually be entered into by the County. The County expressly reserves the right at any time to:

• Waive or correct any defect or informality in any response, proposal, or proposal procedure;

• Reject any or all proposals;

• Reissue an RFP;

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• Prior to submission deadline for proposals, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this RFP, or the requirements for contents or format of the proposals;

• Procure any materials, equipment or services specified in this RFP by any other means; or

• Determine that no project will be pursued.

8.12. No Waiver

No waiver by the County of any provision of this RFP shall be implied from any failure by the County to recognize or take action on account of any failure by a proposer to observe any provision of this RFP.

8.13. Cooperative Agreement (Piggyback)

This competitive solicitation is being conducted as a Cooperative Procurement. The services, terms and conditions of any agreement resulting from this solicitation may be used by other organizations as a

Cooperative Agreement.

This provision in no way commits any affiliate to procure services from any awarded contractor, nor does it guarantee that any additional orders will result. At their discretion, and subject to their own procurement policies, interested organizations may make use of this competitive procurement and contract directly from the awarded contractor.

9. Protest Procedures

9.1. Protest of Non-Responsiveness Determination

Within five (5) working days of the County's issuance of a notice of non-responsiveness, any firm that has submitted a proposal and believes that the County has incorrectly determined that its proposal is non-responsive may submit a written notice of protest. Such notice of protest must be received by the County on or before the fifth working day following the County's issuance of the notice of non-responsiveness. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the proposer, and must cite the law, rule, local ordinance, procedure or RFP provision on which the protest is based. In addition, the protestor must specify facts and evidence sufficient for the County to determine the validity of the protest.

9.2. Protest of Contract Award

Within five (5) working days of the County's issuance of a notice of intent to award the contract, any firm that has submitted a responsive proposal and believes that the County has incorrectly selected another proposer for award may submit a written notice of protest. Such notice of protest must be received by the

County on or before the fifth working day after the County's issuance of the notice of intent to award.

The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the

Page 17 of 17 Release date of January 21, 2026 proposer, and must cite the law, rule, local ordinance, procedure or RFP provision on which the protest is based. In addition, the protestor must specify facts and evidence sufficient for the County to determine the validity of the protest.

9.3. Delivery of Protests

All protests must be received by the due date. If a protest is mailed, the protestor bears the risk of non-delivery within the deadlines specified herein. Protests should be transmitted by a means that will objectively establish the date the County received the protest. Protests or notice of protests made orally

(e.g., by telephone) will not be considered. Protests must be delivered to:

Protests@smcgov.org

Subject: Flood Park Restroom A Sewer Line Replacement, 2026-RFP-00308