Santa Clara County Parks and Recreation Department€¦ · Metka Valh, Management Analyst County of...

Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Ken Yeager, S. Joseph Simitian o f 12 County Executive: Jeffrey V. Smith

County of Santa Clara Parks and Recreation Department 298 Garden Hill Drive Los Gatos, California 95032-7669 (408) 355-2200 FAX 355-2290 Reservations (408) 355-2201

www.parkhere.org

Santa Clara County

Parks and Recreation Department

Request for Proposal (RFP) for

ENGINEERING CONSULTANT SERVICES FOR ENVIRONMENTAL REMEDIATION

for various projects in County Parks

Number: RFP-PRK-FY16-0028

Issue Date: September 2, 2015

Proposal Due Date: September 30, 2015 by 3 PM PST

http://www.parkhere.org/


TABLE OF CONTENTS

Section page

I. Introduction 3

II. Point of Contact 3

III. Schedule of Events 3

IV. Submittal Requirements

Deadline to Submit Written Questions 4

V. Background Information and Project Description

Documentation and Approvals

4

5

VI. Form of Proposal 6 - 7

VII. Scope of Work 8

VIII. Consultant Selection Process 8 - 10

IX. General 10 - 12

APPENDICES Appendices listed below are for reference only and are not required to be submitted with the Proposal.

Appendix A – June 18, 2009 Letters

Appendix B – Almaden Quicksilver County Park and Santa Teresa County Park Mine Material Evaluation, Amended Final Report, May 2011

Appendix C – Draft RWQCB Response Letter to Mine Material Evaluation Report

Appendix D – Almaden Quicksilver – Jacques Gulch Calcine Exposure Map

ATTACHMENTS Attachment B requires only main Proposer’s (not the sub-consultants) current insurance certificate submitted with the proposal. Attachments (C-F) must be signed by the main Proposer only and submitted with the proposal.

Attachment A – Sample PSA

Attachment B – Insurance Requirements for Architects, Landscape Architects, Engineers & Survey Services (same as Exhibit E in Sample PSA)

Attachment C – Local Preference (BOS policy)

Attachment D – Non-Collusion Declaration

Attachment E – Declaration of Local Business

Attachment F – Declaration of Compliance with Wage Theft Prevention

http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/guadalupe_river_mercury/Parks_2_AmendFinalReport_April_2011.pdf

http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/guadalupe_river_mercury/Parks_2_AmendFinalReport_April_2011.pdf


I. INTRODUCTION The County of Santa Clara’s Parks and Recreation Department (“County”) is soliciting proposals for professional engineering services including surveying and civil engineering, environmental mitigation and utility design. The County is looking for proposals from consulting firms (“Consultant” or “Proposer”) that have assembled a comprehensive team of professionals who can provide quality consulting services to the County over a five year period (with multiple specialty subs-consultants, if necessary, and not for the proposals from individual specialty consultants). The County’s intention is to enter into a five year Professional Services Agreement (“PSA”) with a maximum aggregate of $1,000,000 over the term of the agreement with the selected Consultant(s). The PSA will serve as a master agreement for the County to obtain professional engineering services on an as needed basis. Some typical consulting services may include: erosion control plans, design of retaining walls, geotechnical reporting, site drainage design, erosion issues, recommendation for erosion control strategies. There is no budget set for the successful firm to start with the remediation project(s) for this RFP process. The County invites qualified Consultants to submit a proposal with their qualifications for consideration.

II. POINT OF CONTACT The County has designated a Procurement Lead who is responsible for the conduct of this procurement whose name, address and contact information is listed below:

Metka Valh, Management Analyst County of Santa Clara, Parks and Recreation Department 298 Garden Hill Drive Los Gatos, CA 95032-7669 E-mail: [email protected]

Any inquiries or requests regarding this procurement must be submitted to the Procurement Lead in writing. Proposers may contact ONLY the Procurement Lead regarding this RFP.

III. SCHEDULE OF EVENTS The successful consulting firm(s) will be selected in accordance with Santa Clara County’s established Consultant selection procedure detailed below, however, the County reserves the right to modify the schedule if needed:

September 2, 2015 Issuance of RFP-PRK-FY16-0028

September 10, 2015 by 3 PM (PST) Deadline to submit relevant written questions

September 18, 2015 Response to written questions/RFP addendum

September 30, 2015 by 3 PM (PST) Proposal due date

October 1 – 16, 2015 Proposals review & evaluation

November 3, 2015 Conduct Interviews

October/November, 2015 Consultant selection

November/December, 2015 Contract negotiation (Consultant should anticipate 6-8 weeks for contract negotiation and processing)

December 2015/January 2016 Contract for execution by the Board of Supervisors

mailto:[email protected]


IV. SUBMITTAL REQUIREMENTS Consulting firms interested in submitting proposals shall submit (6) six complete copies of the proposal, in a sealed and labeled envelope bearing the caption on the outside of the packet: “ENGINEERING CONSULTANT SERVICES FOR ENVIRONMENTAL REMEDIATION”. The envelope shall be addressed to:

County of Santa Clara, Parks and Recreation Department 298 Garden Hill Drive Los Gatos, California 95032-7669 Attn.: Metka Valh

Proposals may be submitted in person or by U.S. mail (postage pre-paid), but must be received by this office by no later than 3:00 PM PST on September 30, 2015. All received proposals will be time stamped. Postmarks, emails and facsimiles are not acceptable. Late proposals will not be considered. All proposals will be deemed confidential (until such time as County determines otherwise) and will be retained by the County of Santa Clara. Additionally, the County reserves the right to reject all proposals, or to request additional information concerning any proposal for purposes of clarification. This RFP has been issued by the County of Santa Clara Parks and Recreation Department. Copies of this RFP including supporting documents have been posted on the County of Santa Clara Parks and Recreation Department website at http://www.parkhere.org, and on the Bidsync at http://www.bidsync.com/. Note: County will NOT release any maps, Strategic Plan, Master Plans (MP), Site Plans (SP) or studies for the preparation of this proposal, so please do not call County’s GIS or planning staff for these documents. Consultants may however, check the http://www.parkhere.org for these documents. Please do not contact the Director or Deputy Directors of Parks and Recreation Department with any inquiry regarding the RFP for the proposal preparation. The rules of the RFP process do not allow us to correspond with potential Consultants, unless they are participating in a formal interview. Deadline to submit written questions to the Procurement Lead is: September 10, 2015, 3:00 pm PST as specified in the table above in section III Schedule of Events. Answers to all questions received by the deadline will be listed in an addendum to the RFP and posted on http://www.bidsync.com and on the http://www.parkhere.org. The County, however, reserves the right to post additional addenda until the RFP closing date and time.

V. BACKGROUND INFORMATION AND PROJECT DESCRIPTION The Santa Clara County parks and recreation system encompasses nearly 45,000 acres of land that offers more than 260 miles of trails, five camping facilities, three off-leash dog parks, and an array of land and water based recreational venues. The RWQCB has issued two separate orders under Water Code 13267 for technical reports regarding the erosion of mercury mine waste into surface waters. The June 18, 2009 letters are attached as (Appendix A) for reference. The County prepared the Almaden Quicksilver County Park and Santa Teresa County Park Mine Material Evaluation, Amended Final Report (Appendix B) to catalog and rank the mercury remnants in the


http://www.bidsync.com/


http://www.bidsync.com/



Almaden Quicksilver County Park and the Santa Theresa County Park. From that report, the RWQCB issued a draft letter of response (Appendix C) detailing the most critical areas for clean-up efforts. The County seeks professional services in connection with these efforts and any other remediation efforts that may arise in the future. DOCUMENTATION AND APPROVALS The following reports are available at: http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/guadaluperivermercurytmdl.shtml and https://www.dtsc.ca.gov/SiteCleanup/Projects/Almaden.cfm

Guadalupe River Watershed, Mercury Total Maximum Daily Load (TMDL) Project, Basin Plan Amendment, California Regional Water Quality Control Board, San Francisco Bay Region, Adopted October 8, 2008

Guadalupe River Watershed, Mercury Total Maximum Daily Load (TMDL) Project, Staff Report for Proposed Basin Plan Amendment, California Regional Water Quality Control Board, San Francisco Bay Region, September 2008

Guadalupe River Watershed Mercury TMDL Project, Final Conceptual Model Report, California Regional Water Quality Control Board, San Francisco Bay Region, May 20, 2005

The following reports are available at: http://www.dtsc.ca.gov/

County Parks has completed “Remedial Action Plan” (RAP), dated December 6, 1994 under the direction of California Environmental Protection Agency, Department of Toxic Substance Control (DTSC) for Environmental Mercury Assessment at AQS. An electronic copy of this report dated 12/19/1994 is available at “www.dtsc.ca.gov”.

County Parks has completed the first phase of Hacienda Furnace Yard Remediation Project. This project was substantially completed on December 10, 1997 and the completion of this work was documented in “Remedial Design and implementation Plan Completion Report” dated July 7, 1998. An electronic copy of this report dated 8/25/1998 is available at “www.dtsc.ca.gov”.

Prospective proposers are strongly encouraged to become familiar with these documents. County will make the following materials available upon request:

Consent Decree between the United States of America and State of California through the California Department of Fish and Game and California State Lands Commission and the County of Santa Clara, Santa Clara Valley Water District, City of San Jose, Midpeninsula Regional Open Space District, Myers Industries, Inc. Buckhorn, Inc. Guadalupe Rubbish Disposal Company, Inc. and Sunoco, Inc.

Erosion Reconnaissance of the Almaden Quicksilver County Park, Exponent report completed in August 2007.

http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/guadaluperivermercurytmdl.shtml

http://www.waterboards.ca.gov/sanfranciscobay/water_issues/programs/TMDLs/guadaluperivermercurytmdl.shtml

https://www.dtsc.ca.gov/SiteCleanup/Projects/Almaden.cfm

http://www.dtsc.ca.gov/


VI. FORM OF PROPOSAL A total of (6) six copies of the proposal are to be submitted on a double-sided letter size format (8½” by 11”) in size 12-font. Any smaller font size or single sided proposals will not be considered, nor will any oversized submissions be accepted. Proposers wishing to respond to the RFP must supply to the County the following information in the order listed below by the RFP deadline for submission:

1. Legal name of the Consulting firm – address, telephone number, year firm was established, type of organization, and date of submittal (maximum one page).

2. A description of the Consulting Firm – specify the proposed Project Principal, and any proposed sub-consultants team. Include brief resumes for each individual identifying their qualifications (one page maximum for each individual).

3. Organization Chart – provide an organization chart indicating roles of all individuals involved in this project. Identify the name, title, telephone and fax numbers, and e-mail address of the person authorized to negotiate the contract on behalf of the firm.

4. Project Manager and Staff Experience – indicate the primary contact from your firm who is to act as a project manager and a day-to-day contact for the project in addition to a brief description of relevant experience of staff who will be assigned to County’s contract. Include applicable Project Principal’s experience and qualifications (maximum one page).

5. Purpose – provide a description that the Consulting firm understands the purpose of the requested information as specified in Section VII (the Scope of Work) contained in this RFP (maximum two pages).

6. Written acknowledgement that consulting firm warrants and represents that it accepts all terms and conditions in the attached PSA and is willing and able to perform the PSA terms and conditions.

7. Scope of Work & Strategy – provide a brief outline of the Consultant's methodology and strategy for developing a scope of work for parkland environmental remediation projects (maximum three pages). The Scope of Work should be formatted by various phases proposed to accomplish the project with itemization of tasks required to accomplish a project from initiation, through design development, environmental assessment and permit planning, public processes, inter-jurisdictional involvement, contract document preparation, management and utilization of sub-consultants, to construction document preparation and construction administration. The intent of this item is to gauge awareness and experience of Consultant in the environmental remediation public works process in a park setting. The County is not so much concerned about a particular project, but more so how the Consultant utilizes the team of experts on issues that might come up at any particular project. Description of scope of work is outlined below in section VII.

8. Confidentiality – where a Proposer claims that any specific information contains the Proposer’s trade secrets or legally protected confidential information, then please identify with specificity each piece of information claimed to be trade secret or confidential. Disclosure of information without such designation shall be treated as if it is not confidential. It is highly recommended that proposals not contain any confidential information since proposals will not be returned and become the property of the County once they are submitted to the County.


9. Hourly rates – indicate hourly rates of the Project Principal, Project Manager and other staff, including hourly rates of sub-consultants who will be working with the County on any engineering related project.

10. Security protocols – describe the information security protocols and best practices followed to ensure protection of County confidential information.

11. References – at least three relevant project references whom we may contact.

12. List of Completed Projects for Public Agency – list no more than three “Similar Projects” completed by the Consulting firm for a public agency, preferably park related (County of Santa Clara is preferred) as a prime consulting firm or sub-consultant. Include the contract amount for each project and what were the outcomes (maximum one page per project).

13. Financial Stability – provide a statement of consulting firm's financial stability. Statement regarding the principle firm’s ability as to cash flow needs and maintain service levels and deliverables schedule if payment cycle is 60 days behind performance of service.

14. Insurance – evidence of insurance coverage that meets County requirements (see Attachment B-Insurance Requirements). Proposers are required to attach a current certificate of insurance with the proposal. Only main Proposer’s current insurance is required not of the sub-consultants.

15. Local Business – statement that Proposer (main consultant NOT the sub-consultants) is located in the County of Santa Clara as per Board of Supervisor’s (“BOS”) policy outlined in the Attachment C and signed Attachment E of this RFP. A Local Business means a lawful business with a physical address and office within the County, and a meaningful production capability within the County of Santa Clara. The term “production capability” means sales, marketing, manufacturing, servicing, provision of services, or research and development capability that substantially and directly enhances the firm's or bidder's ability to perform the proposed contract. Post Office box numbers, residential addresses, a local sales office without any support and a local sub-contractor hired by the consultant may not be used as the basis for establishing status as a “Local Business.” Only the main consulting firm can qualify for “Local Business” status not the sub-consultants teaming with the Proposer. Proposers are required to sign Attachment E of this RFP (5 points).

16. All Attachments (B through F) to this RFP must be acknowledged received, signed (where required by the document itself) and attached to and submitted with the proposal.

Non-Conforming Submissions – a submission may be construed (at County’s sole and absolute discretion) as a non-conforming proposal, ineligible for consideration or incomplete if it does not comply with all of the requirement of this RFP.

All costs associated with proposal preparation and interview attendance shall be the responsibility of each submitting Proposer. Submitted proposals shall remain the property of the County of Santa Clara and will not be returned.


VII. SCOPE OF WORK (no more than 3 pages) The selected Consultant will be responsible for completing the tasks and milestones according to a negotiated time line with the County’s Project Manager(s). Tasks may be added and/or redefined based on subsequent negotiations. Upon execution of the contract (PSA) and initiation of work as determined by County, Consultant will meet with County’s staff to discuss clarification of the desired goals and outcomes of the contract. The Consultant is expected to provide various products and services that will allow the County to comply with regulatory compliance in order to pursue development of park improvements. There are several potential projects the selected consultant(s) might be asked to work on for example Almaden Quicksilver Upper Jacques Gulch remediation, Almaden Quicksilver fish sampling and various mercury remnant clean-up efforts, Hellyer County Park Madrone Landfield, Ed Levin County Park Landfield…. for the purpose of this RFP the Consultant is asked to develop a General Scope of Work for ONE sample park project of medium intensity and level of development. The sample project is Almaden Quicksilver Jacques Gulch remediation.

Possible tasks to be considered in the General Scope of Work for a sample project may include but are not be limited to:

Visit site to develop strategies to achieve project specific environmental compliance via calcine removal in accordance with Mine Material Evaluation Report (Appendix B) and draft RWQCB Response Letter (Appendix C).

Consider technical Studies needed to perform assessment and/or determine baseline

conditions, including biological assessments, water flowrates, wetland delineation, etc.

Consult or use previous project knowledge to identify needed project permits.

Develop and outline the methodology for site access, remediation design, and post-calcine

removal slope stabilization in accordance with the natural park setting and agency

permitting requirements.

Outline expected CEQA strategy and anticipated impacts in the Mitigation Monitoring and

Reporting Plan.

VIII. CONSULTANT SELECTION PROCEDURE 1. The method of selection will be in general accordance with the County Policy for the Selection of

Architect-Engineer-Construction Project Management and other related contracts services, approved by the County of Santa Clara, Board of Supervisors.

2. A selection panel of County staff will be appointed by the Director of the County of Santa Clara Parks and Recreation Department, to consider and recommend the successful consulting firm(s). The panel members will have experience with construction management and may have a background and expertise from various fields such as: architects, civil engineers, landscape architects, planners or environment health and safety compliance.

3. The selection criteria are twofold: a) a successful proposal evaluation advances a Proposer to an interview; b) the interview along with the overall Proposer’s qualifications will be relied upon by the County to determine proposed selection of a final Consultant. The contract with the final Consultant(s) is subject to Board of Supervisor’s approval.


4. Proposal evaluation: the selection panel will review and evaluate submitted proposals (rank them from the highest to the lowest) and then determine and notify which consulting firms are recommended to be interviewed, if any. The Proposals will be evaluated based on the following criteria (total score 100 points):

a. Consulting firm experience with parks – Consulting firm has experience working with parks & recreation public agencies preferably within the County of Santa Clara. (20 points)

b. Scope of work (section VII of the RFP) – Approach: Consulting firm must be knowledgeable and thoroughly familiar with stated scope of work, understands the methodology, strategy and tools to perform required services for environmental remediation for park related public works projects. (45 points)

c. Experience and demonstrated competence of Project Manager, Principal and Sub-consultants – project manager, principal, support team, sub-consultants and staff must demonstrate relevant experience and expertise with similar projects with adequate in-house staffing and/or experienced sub-consultants. (20 points)

d. Form of proposal – followed form requirements as outlined in section VI above. (5 points)

e. Consulting firm agreement with terms of the PSA – Consulting firm has no proposed modifications to Sample PSA and is ready, willing and able to meet all terms and conditions of the attached Sample PSA at the time of submission of proposal and at the award of contract. (5 points)

f. Local preference – main Consulting firm (not the sub-consultants) is located in the County of Santa Clara as per BOS policy and signed Attachment E of this RFP. (5 points)

5. Interview evaluation: Proposers from no more than the top five ranking proposals (based on the scoring identified above) will be invited to an interview. From these top ranking proposals, no more than four Proposers will be considered for selection for a five year contract of $1,000,000 each, subject to Board approval. However, the County reserves the right to interview fewer than five consulting firms and to select fewer than four Proposers for further consideration and contract award. A maximum of forty-five (45) minutes will be allowed for each oral interview for those selected for an interview process. Each Proposer invited to an interview will receive separate interview instructions outlining details needing to prepare engineering solutions for a “Sample Project” to be presented at the interview. Following the interviews, the interviewees will be advised of the highest-ranking consulting firm. No other information will be released.

At County’s discretion, the Director of the Parks and Recreation Department, or designated appointee, will conduct negotiations with the highest ranked Consultant(s). If an agreement cannot be reached with the highest ranked Consultant(s) at the terms, conditions and rates the County negotiator determines to be fair and reasonable (as solely determined by County), the County may negotiate with the second most qualified Consultant, or elect to proceed no further and end the RFP process. In the event an agreement-cannot be reached with the second most qualified firm at terms, conditions and rates the County negotiator determines to be fair and reasonable (as solely determined by County), then the County may negotiate with the third most qualified firm and so on until the list is exhausted or until County decides


to end all further negotiations or terminate the RFP process. Once passed over, a Consultant will not be reconsidered.

The County reserves the right to reject any and all proposals received by reason of this RFP, to request additional information concerning any proposal for purposes of clarification, to accept or negotiate any modification to any proposal following the deadline for receipt of all proposals, and to waive any irregularities if such would serve the best interests of County as determined solely by County. The County is under no obligation to present a contract to the Board of Supervisors for consideration or award of contract.

IX. GENERAL

1. Incurring Costs – this RFP does not commit the County to award, nor does it commit the County to pay any costs incurred in the submission of the proposals or the participation in the RFP process (including but not limited to travel expenses), or in making necessary studies or designs for the preparation thereof, nor procure or contract for services or supplies. Furthermore, no reimbursable cost may be incurred by a Consultant in anticipation of a contract award. All costs associated with the proposal preparation, interview preparation and attendance are the sole responsibility and expense of the submitting and participating Proposers.

2. Claims against the County of Santa Clara – neither your organization nor any of your representatives shall have any claims whatsoever against the County or any of its respective officials, agents, or employees arising out of or relating to this RFP or these RFP procedures, except as set forth in the terms of a definitive agreement signed by authorized representatives of the County and your organization as approved by the County Board of Supervisors.

3. Basis for Proposal – only information supplied by the County in writing in connection with this RFP should be used as the basis for the preparation of a proposal.

4. Form of Proposal – no oral, telephone, facsimile, or electronic proposals will be accepted.

5. Amended Proposal – Proposer may submit an amended proposal before the deadline for receipt of proposals. Such amended proposals must be complete replacements for a previously submitted proposal and must be clearly identified as such in the Letter of Transmittal. County personnel will not merge, collate, or assemble proposal materials.

6. Withdrawal of Proposal – Proposers may withdraw their proposals at any time prior to the deadline for receipt of proposals. The Proposer must submit a written withdrawal request signed by the Proposer’s duly authorized representative addressed to the Director of the Department and submitted to the Procurement Lead.

7. Late proposals – in order for a proposal to be considered, the proposal must be physically received by the County in person or via courier or US mail at the place specified above for receipt of proposals no later than the RFP deadline and time. The Parks and Recreation Department time and date stamp will be the basis for determining receipt and timeliness of proposals.

8. No Public Proposal Opening – there will be no public opening for this RFP.


9. California Public Records Act (CPRA) – All documents, information and records provided to or made available to County in response to this RFP become the sole and exclusive property of the County. The County is a public agency subject to the disclosure requirements of the California Public Records Act (“CPRA”). If trade secret or proprietary information is contained in documents or other information submitted by Consultant to County, and Consultant expressly claims that such information falls within one or more CPRA exemptions, Consultant must clearly mark such information “CONFIDENTIAL AND PROPRIETARY” and identify the specific lines containing the confidential information on each document. In the event of a request for such information, the County will make reasonable efforts to provide notice to Consultant prior to such disclosure. If Consultant contends that any documents are exempt from the CPRA and wishes to prevent disclosure, it is required at its own cost, liability and expense to obtain a protective order, injunctive relief or other appropriate remedy from a court of law in Santa Clara County at least two (2) days before the County deadline to respond to the CPRA request. If Consultant fails to obtain such a remedy before the County responds to the CPRA request, County will disclose the requested information and shall not be liable or responsible for such disclosure. Consultant agrees that it shall defend, indemnify and hold County harmless for, from and against any and all Claims that may or do result from denial by County of a CPRA request for any information arising from any representation, or any action (or inaction), by Consultant or Consultant’s contractors, consultants, employees, agents or representatives.

10. Confidentiality – All data and information obtained from the County of Santa Clara by the Proposer and its agents in this RFP process, including reports, recommendations, specifications and data, shall be treated by the Proposer, and its agents, representatives, sub-consultants, assigns and employees, as confidential. The Proposer and its agents, assigns, employees, sub-consultants and representatives shall not disclose or communicate this information to a third party or use it in advertising, publicity, propaganda, or in another job or jobs, unless written consent is obtained from the County. In addition to the requirements of the CPRA, County may be under other legal obligations for release or disclosure of the information contained in any proposal submitted and makes no warranty or representation that such proposals and accompanying documents will not be released where required or allowed to be released by applicable law.

11. Use of Electronic Versions of the RFP – this RFP may be made available by electronic means, at the sole discretion of County. If Proposer receives the RFP by such means, then the Proposer acknowledges and accepts full responsibility for insuring that no changes are made to the RFP. In the event of conflict between a version of the RFP in the Proposer’s possession and the version maintained by the Parks and Recreation Department, the version maintained by the Parks and Recreation Department will govern.

12. County Rights a. Reject any or all proposal(s), without indicating any reason for such rejection; b. Waive or correct any minor or inadvertent defect, irregularity or technical error in a

proposal or the RFP process, or as part of any subsequent contract negotiation; c. Request that Proposers supplement or modify all or certain aspects of their proposals or

other documents or materials submitted; d. Terminate the RFP at any time (even after Notice of Intent to award has been issued),


and at its option, issue a new RFP; e. Procure services specified in this RFP by any other means; f. Modify the selection process, the services, or the contents or format of the proposals,

the PSA or the RFP terms; g. Extend a deadline specified in this RFP, including deadlines for accepting proposals; h. Modify in the final agreement any terms and/or conditions described in this RFP; i. Terminate failed negotiations without liability, and negotiate with other Proposers; j. Negotiate with any or none of the Proposers; k. Disqualify any Proposer on the basis of a real or apparent conflict of interest, or evidence

of collusion that is disclosed by the proposal or other data available to the County; l. Eliminate, reject or disqualify a proposal of any Proposer who is not a responsible

Proposer or fails to submit a responsive proposal as determined solely by the County; m. Accept all or a portion of a proposal. n. The County may, at its sole election and without liability or obligation, terminate this RFP

at any time for the convenience of the County.

13. Protest Process Within five (5) business days from the date of the Notice of Intent to Award, proposers whose proposals were not selected (“Protesters”) may protest the County’s decision. The proposer must ask the Procurement Lead to provide the County’s protest process. Failure to protest within this time constitutes a waiver of any and all rights to challenge the decision of the County, whether by administrative, judicial or any other legal process or proceeding.

Submitted proposals shall remain the property of the County Parks.

END

Santa Clara County Parks and Recreation Department€¦ · Metka Valh, Management Analyst County of...

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Transcript of Santa Clara County Parks and Recreation Department€¦ · Metka Valh, Management Analyst County of...