Page 30 - East Campus RFQ 2.14.2017

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Terms & Conditions

Disclaimer the committee evaluating the Proposals and its advisors. After a contract is awarded in
Notwithstanding anything contained in this RFQ, neither Howard nor any of its whole or in part, the University shall have the right to duplicate, use, or disclose all
trustees, officers, employees, attorneys or consultants (collectively its “Agents”) shall Proposal data submitted by Respondents in response to this RFQ as a matter of public
be deemed to make or have made any representation or warranties, express or record.
implied, regarding the accuracy or completeness of any statements or other Restrictions on Communications with University Staff
information contained in or attached to this RFQ (including, without limitation, any
representation or warranties as to the condition of the Site or the suitability of the Site From the issue date of this RFQ until a Master Developer is chosen and a contract award
for any purpose). Respondents to this RFQ may not rely on any statements or is made, Respondents are not allowed to communicate about the subject of the RFQ with
information provided by Howard or its Agents, and shall be responsible for satisfying any University administrator, faculty, staff, or members of the Board of Trustees or
themselves as to the reliability, accuracy and/or completeness of each such statement advisors except the Designated Point of Contact. If violation of this provision occurs, the
and information and ascertaining all conditions that affect or might affect its University reserves the right to reject the Respondent’s Proposal.
proposed Project.
Teaming Arrangements and Special Purpose Entities
University Property Rights
Multiple Team Members may form a joint venture for the purpose of submitting a
The University requires that programmatic and standard-based requirements will be Proposal in response to this RFQ. A special purpose entity may be created for the
defined in the planning phase. All designs and plans that are produced by the purpose of submitting a Proposal. The University may require that financial and
Respondent as part of the Project will become the property of the University whether performance guarantees be provided by Team Members. Team members of one
or not the Respondent is retained to continue beyond the submission stage of the Respondent may participate as Team Members of another Respondent (so long as each
Project. affected Respondent gives its consent).
Amendments to this RFQ Team Composition
This RFQ may be amended by formal amendment, document, letter, or email. If this A Respondent may not change the composition of its proposed development team
RFQ is amended, then all terms and conditions that are not amended remain unless it has given Howard prior written notice of the proposed change. In addition, a
unchanged. Respondent must provide any financial or other materials requested by Howard to
evaluate the newly proposed composition of the Respondent. Howard reserves the right,
As-Is Condition in its sole discretion, to reevaluate the proposed change in composition and to eliminate
Howard makes no representations, warranties or guarantees concerning any the team from further consideration (or to revoke the selection of the Respondent). The
conditions at the Site (including, without limitation, the presence or possible presence Master Developer must receive Howard’s written approval before changing its team’s
of hazardous materials or substances). The Site is being offered in an “as-is, where-is” composition; otherwise the Master Developer will be disqualified.
condition, and the Master Developer will be solely responsible for obtaining, at its sole Hold Harmless
cost, all appraisals, surveys, legal descriptions, permits, zoning appeals and approvals,
engineering and environmental studies and the like, as may be necessary for the By participating in this RFQ process, each Respondent agrees to indemnify and hold
design, development, construction and operation of the Project. harmless the University and its officers, employees, contractors, trustees and advisors
from and against any and all real estate and other brokerage fees or commissions,
Authorizations by Submission of Proposal finder’s fees, and any other forms of compensation related in any way to activities
undertaken by any person as a result of such person’s efforts towards and/or
Any and all information provided by a Respondent may be used by the University to
conduct credit and background checks. The University is authorized to contact the participation in this RFQ process or the submission by such person of a Proposal, and
individuals listed by the Respondent in the project examples for purposes of liabilities, losses, costs, and expenses (including reasonable attorney’s fees and
discussing the Respondent’s performance. expenses) incurred by any indemnified party as a result of, or in connection with, any
claim asserted or arising as a result of, or in connection, with this RFQ process. This
Disclosure of Respondent’s Response includes any and all activities related to the University’s exclusive negotiations with the
Master Developer.
This Request for Qualifications specifies the format, required information, and general
content of Proposals submitted in response to this RFQ. The University will not Organizational Conflicts of Interest
disclose any portions of the Proposals prior to contract award to anyone outside the
University other than the University’s administrative staff and counsel, When submitting and signing a Proposal, a Respondent is certifying that no actual,
representatives of the State or Federal Government, if required, and the members of apparent or potential conflict of interest exists between the interests of the University

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