REQUEST FOR QUALIFICATIONS (“RFQ”) PROPOSAL 2014-11 … · collaborative projects, programs and...

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REQUEST FOR QUALIFICATIONS (“RFQ”) PROPOSAL 2014-11-1903 FOR HIGHEST AND BEST USE TO REPURPOSE THE PAUL E. MARTIN CENTER 105 Fir Hill Akron, Ohio 44325-2601 SUBMITTAL DUE DATE: NOVEMBER 21, 2014 SUBMITTAL DUE TIME: 9:00 A.M., Akron, Ohio LOCAL TIME REQUESTED BY: BILL JENKINS ASSISTANT DIRECTOR, PURCHASING THE UNIVERSITY OF AKRON DEPARTMENT OF PURCHASING

Transcript of REQUEST FOR QUALIFICATIONS (“RFQ”) PROPOSAL 2014-11 … · collaborative projects, programs and...

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REQUEST FOR QUALIFICATIONS (“RFQ”) PROPOSAL 2014-11-1903

FOR

HIGHEST AND BEST USE TO REPURPOSE

THE PAUL E. MARTIN CENTER 105 Fir Hill

Akron, Ohio 44325-2601

SUBMITTAL DUE DATE: NOVEMBER 21, 2014

SUBMITTAL DUE TIME: 9:00 A.M., Akron, Ohio LOCAL TIME

REQUESTED BY: BILL JENKINS ASSISTANT DIRECTOR, PURCHASING

THE UNIVERSITY OF AKRON DEPARTMENT OF PURCHASING

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The University Of Akron Request For Qualifications for Repurposing at Paul E. Martin Center Proposal. #2014-11-1903 Due November 21, 2014, 9:00 AM Local time

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1.0 GENERAL INFORMATION

To be considered, all proposals should be submitted on or before 9 A.M. local time, on November 21, 2014 via Public Purchase, an electronic bidding tool. All proposals are to be submitted through the Public Purchase bidding tool and must be in either Microsoft Word or Adobe PFD format. Responses that do not conform to these specifications may not be considered. In addition to electronic submittals the Developers should submit at least four (4) copies of their submittal, to the Assistant Director of Purchasing, The University of Akron, 100 Lincoln Street, Room 209, Akron, Ohio 44325-9001. There will be a Pre-Submission meeting held on November 4, 2014 at 10:00 A.M. in the Department of Purchasing Conference Room, Room 209, located at 100 Lincoln Street, Akron, Ohio 44325-9001. All interested Developers should plan to attend this meeting. University personnel will be available to answer questions. The University will not be responsible for the dissemination of any additional information that may be presented at this meeting.

All questions are to be submitted through the electronic bidding tool which will allow all bidders to see submitted questions and the answers.

The bidding tool is located at: Vendor Registration-http://www.publicpurchase.com/gems/uakron,oh/browse/home Bid Board-http://www.publicpurchase.com/uakron,oh Additional vendor support is provided via live Chat in the upper left corner, [email protected] or call 801-932-7000.

1.1 WELCOME

… to The University of Akron, an academic community sharing inquisitive, powerful and ambitious goals. Here, you will discover an energized metropolitan university that has been physically transformed. Since 2000, we have added 22 new buildings, 18 major additions, acquisitions and renovations, and 34 acres of new green space. Our university is integrated with the world through wireless network access anywhere on and around our campuses. Our use of innovative technology is matched by equally ground-breaking teaching initiatives that benefit students from middle school through doctoral programs. Such efforts have allowed us to set the standard for student success and academic excellence in northern Ohio. That superior quality is only one of the reasons why The Princeton Review again designated The University of Akron among the “Best in the Midwest” in its 2011 Best Colleges: Region-by-Region edition.

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The University of Akron is a leader in community, industry and higher education partnerships. The repurposing of the Martin Center will be one of more than 600 collaborative projects, programs and agreements with partners throughout the region, state and nation. Our vision is to forge a new gold standard for a truly excellent American university — one that provides access to a top-quality education for a broad range of citizens, then creates and adds value for our students, community and nation.

1.2 DETAILS/HISTORY OF MARTIN UNIVERSITY CENTER. See page 19. 2.0 SUBMITTALS 2.1 PROJECT SCOPE

The University of Akron (sometimes “University”) is interested in receiving submittals from qualified organizations for the repurposing of the Paul E. Martin University Center (the “Martin Center”) to allow an independent for-profit company to develop and operate the Martin Center for multi-purpose business uses and possibly including but not limited to: A Boutique Hotel, Conference Center, Retail, Offices, Restaurants, Banquet facilities, Bar, Lounge, or Entertainment Center or combinations, hereinafter referred to as the “Project.” Proposals will include procurement of financing and professional design services (architecture, interiors, engineering, etc.); construction/renovation; and management of the development which includes the “Project” through a triple net ground lease and development agreement with a private Developer. It is expressly required by the University that the project scope exclude the provision of any “Project” or part thereof which shall be used to compete with the academic mission and goals of The University of Akron, as determined in the University’s sole discretion, including but not limited to operating private or public institutions or post-secondary institutions of higher education, online courses, etc.

2.2 GOALS

The primary goal of this development is to repurpose the Paul E. Martin Center utilizing non-university funds and to respond to market demands for the proposed “Project.” Both the development and the operation of the Project are required to be by an entity or entities separate from and independent from The University of Akron. The scope of construction will include environmental remediation, selective demolition, building renovations and/or additions, and site improvements as may be required by individual proposals. All work shall be at the sole cost of the Developer and is subject to design approval by The University of Akron, Department of Capital Planning and Facilities Management. Site improvements to adjacent parking and grounds which the Developer feels is in its best interest shall be included in the scope of the proposal. Refer to Attachment 1 – Area Map. The Developer also shall specifically identify the means by which improvements to the real property shall be transferred to the University at the conclusion of the lease.

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Notwithstanding the above stated project goals, the submittal may offer any or part of the above project goals and/or other such project goals as may be deemed desirable and acceptable by The University. All work will comply with The University of Akron Capital Planning and Facilities Management Design and Construction Guide, http://www.uakron.edu/capplan/design-and-construction-guide/index.dot and all governing codes. All construction shall utilize materials and equipment as approved by The University of Akron, Department of Capital Planning and Facilities Management.

2.3 INDEPENDENT ENTITIES.

The Developer’s proposal shall provide and demonstrate that the Project will be developed and managed by one or more private entities that are independent of, separate from, and in no way under the control of the University.

2.4 HOTEL FACILITY In the event the proposed “Project” includes a Boutique Hotel, The types and numbers of rooms in the Boutique Hotel and/or other proposed uses may vary, depending on the Developer’s desires. If the repurposed building area will not accommodate the desired room count, and/or other suggested uses, additions to the building may be proposed as suggested by attachments. The proposal may include the provision of food service, banquet/meeting spaces, recreational amenities or any other type of service which is provided for hotel guests and/or other proposed uses.

2.5 PARKING FACILITIES

Up to 140 spaces in the adjacent parking lot may be assigned to the development. The ground lease will be adjusted to reflect the actual number of spaces required to support the proposed uses. Costs for improvements to the parking facilities shall be included in the Developer’s proposal. Building service drives and delivery areas are also required. The development shall accommodate The University of Akron Roo Express Campus Shuttle.

2.6 DEVELOPMENT AND FINANCING MODEL

Location, materials and design: Building additions, materials and design shall correspond with the Design and Construction Guide concepts found at http://www.uakron.edu/capplan/design-and-construction-guide/index.dot, and shall meet the approval of The University of Akron, Department of Capital Planning and Facilities Management.

Administration and Management: The submittal may provide options with respect to the manner of administration and management.

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Financing Vehicle: The Developer must propose a financing vehicle for the project that does not include or rely upon any financial guarantees by the University. The University, with approval from the State of Ohio, may provide the “Project” Developer with a forty (40) year ground lease with two (2) options of five (5) years each from the University to the Developer, but the proposed financing vehicle must not require the University to mortgage or transfer fee simple ownership of the land currently owned or subsequently acquired by the University. The Developer may, however, secure its financing with a leasehold mortgage on its leasehold interest as established by the Ground Lease. The Developer must provide the University with an opinion of counsel, satisfactory to the University, to the effect that the University has the power and authority under Ohio law to enter into the proposed transaction for all elements of the Project. No General Receipts Pledge: The University has outstanding General Receipts Bonds issued by the University to finance capital improvements on the University’s campus. The University has pledged its General Receipts to the payment of those General Receipts Bonds. The proposed financing vehicle must not require a pledge by the University of its General Receipts. No representations or obligations by the University will be made regarding property taxes, permits, licenses, or other governmental regulations and requirements. The Developer assumes all responsibilities and costs related to such requirements. No University Debt, Marketing or Occupancy Guarantees: The University requires that the proposed financing vehicle will not increase University debt on the University’s balance sheet or for any state law purpose and will not require any University guarantees of occupancy levels or marketing support. The University prefers that the financing will be “off-balance-sheet” for financial reporting purposes and not treated as debt for any state law purpose, either by opinion of an independent certified public accountant or counsel or both, satisfactory to the University, or by other means satisfactory to the University. Competitive Bidding and Prevailing Wage: The Developer must include in its submittal a statement whether the competitive bidding laws and the prevailing wage laws applicable to the University will apply to the Project. If the Developer states that either or both will not apply, the Developer must undertake to provide the University with an opinion of counsel, satisfactory to the University and the Ohio Attorney General, to that effect. Otherwise, the Developer must comply with the competitive bidding and prevailing wage requirements of Ohio law applicable to the University in connection with the acquisition and construction of the Project. University Performance Requirements: Except as otherwise expressly provided or excluded herein, Developer must specify what, if any, performance obligations it requires from the University above and beyond the Ground Lease of land. Developer’s Business Plan: The Developer’s business plan may need to be filed for approval with the Ohio Department of Administrative Services and/or other state of Ohio entities, such as the Controlling Board of Ohio, the Chancellor of the Ohio Board of Regents, etc.

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2.7 THE UNIVERSITY OF AKRON:

The University expects to receive at a minimum, a competitive annual return on the fair market value of its existing building and land which is included in the Ground Lease. Ground Rent to be adjusted every five (5) years based on CPI. University will look favorably on other additional rent/compensation opportunities suggested by Developer, such as (i) a cash flow rent formula whereby Developer pays University a percentage of the net proceeds after deducting all items of expense including a minimum Developer return component and (ii) providing to the University a portion of proceeds generated from any sale or refinancing of the Project..

The ground lease required shall be a fully triple net ground lease, evidencing the intention of the parties thereto that the University shall have and enjoy the base rent therein reserved to it without deduction therefrom free of any expense, charge, or other deduction whatsoever. In addition, the ground lease shall provide that the base ground rent shall not be subordinated.

2.8 EXISTING BUILDING AND SITE (refer to Attachment 1 - Area Map)

The selected site is 2.9 Acres located at 105 Fir Hill, Akron, Ohio 44325-2601 on the campus of The University of Akron. It is bounded on the north by a privately owned apartment complex, on the east by private parking and on the south by The Chapel.

The University intends to deliver this university-owned site to the Developer as is. The cost of selective demolition, hazardous material remediation, and site improvements shall be included in the Developer’s proposal. The University will not release the building and site for development until the University approves the entire development and design package, including the long-term lease agreement and other necessary documentation. Long-term leases are subject to regulatory approval. The project, including the long-term leases, is subject to approval by the Ohio Department of Administrative Services and other state entities and is subject to all approvals required by applicable law, regulation or rule. Developer will be responsible for obtaining any and all necessary re-zoning and permitting. The University will cooperate with the Developer in this regard The cost of utility distribution to any proposed accessory buildings and all other areas of the site shall be included in the Developer’s proposal.

2.9 INFORMATION AND PROCESS

1. Provide background information for all principals.

2. Include financial information of the proposing organization that confirms its ability to fully fund the Project in accordance with its proposed financing vehicle.

3. Include examples of similar projects in which the proposing organization was primarily responsible for the full development of similar projects. Provide project budget, scope and schedule for each project.

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4. Provide financial models by which this Project will be funded, including debt service and terms of any ground lease or other land ownership arrangement, and including the undertakings and statements required under “Development and Financing Model” above.

5. Provide complete cost estimates for architectural and engineering design services; site development; site utilities; construction cost; operation, and debt service.

6. Interview members of the University administration to discuss Developer’s specific requirements of the Project.

7. Establish site plan and building guidelines (materials, massing, setbacks, landscaping, lighting, perimeter security and recreation). All proposed guidelines shall comply with the recommendations of the Design and Construction Guide concepts found at http://www.uakron.edu/capplan/design-and-construction-guide/index.dot .

8. The submitter shall visit The University of Akron and the selected site as often as necessary to gather needed information.

9. Provide concept drawings (site plans, sketches, elevations, renderings) in color report format and in presentation format as required by the Department of Capital Planning and Facilities Management to convey the feasibility of this concept to the administration of the University.

10. Provide recommendations for phase sequencing which may be required.

11. Prepare and provide to the University four (4) color copies of the submittal.

12. The selected organization should be prepared to formally present their materials to:

a. To the President and Vice Presidents.

b. To the Board of Trustees.

c. Physical Environment Committee

d. University Council

e. To one or more state of Ohio entities, as may be required by such entity.

2.10 SCHEDULE The University intends that project construction will commence on or about January 2016.

3.0 GENERAL TERMS AND CONDITIONS All submitted for the goods and/or services requested herein must include a detailed

description of the goods/or services offered, plus the associated warranties, and any other relevant information that would be beneficial in evaluating your submittal.

3.1 CONSIDERATION The University of Akron reserves the right to consider special or unique features which may

be included in your submittal. The University of Akron also reserves the right to determine

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the relative weights to be accorded to the various factors considered in the selection process. Price alone will not be the sole determining factor in the selection process.

Submittals must address all questions contained in this RFQ, and Developers should include

any additional information that would enhance their submittal and which would help the University in making its selection decision.

3.2 REQUIRED INFORMATION

Description: Include a written and graphic description of the proposed development. The Developer shall include a description of the vision for and theme of the development. The Developer shall demonstrate the roles of each participating team member, in the implementation of the Project.

Drawings: The Developer shall initially submit conceptual drawings and renderings that describe the development, including the following:

• Site plan which clearly shows the building, any proposed additions, proposed circulation, preferred location of parking, open space, landscaping, and other site improvements.

• Bird’s eye perspectives of the development looking east from Fir Hill and west from Route 8. Provide additional perspectives as may be required to fully illustrate proposed building additions.

• The drawings shall indicate building height and massing (including any proposed additions) and show the proposed Project in context with surrounding land.

Preliminary Financial Information: Before selection, the Developer shall submit the proposed project structure and ground lease terms, along with a preliminary project pro forma for the Project. The pro forma should include a total project cost, including number of units and square footage, project amenities, retail facilities, project phasing, and proposed project financing. Developer should also submit a marketing and business plan demonstrating project viability.

After final selection, the successful Developer must demonstrate to the University’s satisfaction the Developer’s financial capacity to complete the Project.

Do not submit financial information described with initial response to Request for Qualifications. The University will request this information from only those firms invited to interviews or otherwise selected as finalists. Information demonstrating the necessary financial strength of the Developer will be a requirement in any award.

Development Schedule: The submittal must include a development schedule, and such schedule shall indicate the timing for major milestones, including, if applicable, property acquisition, project design, project construction, and occupancy.

General Statement of Qualifications: Company/Developer Information: Developers

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must provide company name, legal status, address, contact information, and resumes. Developers must submit a list of team members, including design professionals, management groups, construction team, and any groups or individuals required for the successful execution of the Project. The qualifications for each team member should include company profiles, resumes of key individuals, and past involvement with similar projects and other projects at The University of Akron. Previous Experience: Developers should provide evidence of having undertaken other projects of this type and size in the last five years. They should include brief project descriptions and a statement regarding their financial and operational involvement. They should identify key team members associated with each project. Developers should indicate any successful experience with similar projects that were developed in the state of Ohio for a public university. Previous Experience with The University of Akron: Developers should identify previous history of associations with the University. Associations may include development projects, contract services, or collaborations. Management Experience: Developers must state their commitment to own and manage the Project and the structure by which this would be performed. They should provide evidence of commercial property management experience, including leasing to commercial establishments and the ability to maintain high standards of maintenance and landlord/tenant relations. If the Developer is contracting management services with a third-party management firm, prior experience with such management structure should be described, and the proposed management service should be identified.

3.3 EQUAL OPPORTUNITY AND AFFIRMATIVE ACTION The University of Akron is an Equal Opportunity Employer and, as such, expects

Developers to comply with the following request. The supplier, in bidding and/or filling a purchase order, agrees not to discriminate against any employee or applicant for employment with respect to hiring and tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related to employment because of race, religion, color, sex, age, handicap, veteran status or national origin. The supplier further agrees that every sub-contract order given for the supplying of this order will contain a provision requiring non-discrimination pursuant to Federal Executive Orders 11246 as amended by 11375 and State Executive Orders dated January 27, 1972, and November 30, 1973, and any breach thereof may be regarded as a material breach of the contract or purchase order.

3.4 RECEIPT OF SUBMITTALS

Developers are cautioned that The University of Akron may not accept submittals after the closing time and date. To be guaranteed the fullest consideration on this request, Developers should present their written submittals by the appointed date and time. All proposals are to be submitted through the Public Purchase bidding tool and must be in either Microsoft Word or Adobe PFD format. Responses that do not conform to these specifications may not be considered.

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All Developers should submit at least four (4) copies of their submittal for our review, and identify on the return envelope the RFQ Number and the Submittal Due Date & Time.

3.5 WITHDRAWAL OF SUBMITTALS Submittals may be withdrawn up to the time of the submittal opening upon written request

to the Director of Purchasing. 3.6 ADDITIONAL INFORMATION The University of Akron reserves the right to contact any Developer for clarification of

information submitted, to contact current and past customers of the Developer referenced in the submittal, and to use other sources of obtaining information regarding the Developer, which may be deemed appropriate and would assist in the evaluation. In addition, The University of Akron reserves the right to negotiate any point in the submittal or the subsequent contract and ground lease with the Developer. Developers are encouraged to present any information about additional features or services that they believe makes their products and/or service the best choice for The University of Akron.

3.7 SUBMITTAL CONTENT The information provided herein is intended to assist Developers to respond properly to this

Request For Qualifications. The University believes that this RFQ provides interested Developers with sufficient information to provide submittals that meet minimum requirements. However, it is not intended to limit content or to exclude any relevant or essential data. Developers are encouraged to include additional information that will substantiate their service capabilities, product quality, and support commitment.

3.8 RIGHT TO ACCEPT OR REJECT

The University of Akron reserves the right to select one, several, or none of the submittals. The University may award a contract based upon initial submittal received without further discussion. Accordingly, each initial submittal should include the Developer's most favorable price and service capabilities. Further, the University reserves the right to accept or reject all or parts of any submittal received and to waive any informality or technicality in any submittal received. Price alone will not be the sole determining factor in the selection process. All submittals should be valid for a period of at least 180 days from the submittal due date. Any exceptions to this request must be addressed by the Developer in their submittal. The University reserves the sole right to determine what is considered "equivalent" or "equal." The University also reserves the right to request samples for testing and evaluation. Any request will be reasonable in quantity, as deemed by the University, so as not to cause any undue financial hardship or burden to the Developer but any such request will not be billable to the University and any Developer that fails to supply samples upon request may be excluded from further consideration.

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3.9 STATE AND LOCAL TAXES The University is exempt from Ohio sales tax and most Federal excise taxes. Exemption

certification information appears on all purchase orders issued by the University and will be furnished upon request. Such taxes should not be included in quoted prices. However, if the supplier believes any taxes apply, they shall be shown separately. If not shown, they will be considered an expense of the Developer.

3.10 SELECTION CRITERIA

The University will select one or multiple Developers, which it believes offers the submittal(s) which are in the University's best overall interest.

The University will award this contract according to criteria shown below and reserves the right to award to a Developer that may not be highest in commissions offered to the University and/or lowest in fees charged. In determining the successful Developer, the University will consider, but not be limited to, the following selection criteria:

• The overall quality of the Project being offered;

• Visual impact, design advantages and planning quality of proposed development;

• Reputation of the Developer;

• Ability of the Developer to provide the service requested;

• Information received on reference checks;

• Quality and satisfaction of any previous services performed;

• Overall financial position of the Developer;

• Number and scope of any conditions included in the Developer's submittal;

• Accessibility of the Developer's staff to the University's staff;

• Ability to execute the contract in a timely manner;

• Programs compatibility with existing University equipment, if applicable;

• Any other relevant information submitted.

• Similar projects.

• The University of Akron Experience

• Other university experiences

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3.11 INSURANCE

The Developer shall procure and maintain, at its expense, during the term of this submittal, at least the following insurance, covering work performed:

COVERAGE LIMITS

A. Workman's Compensation - As required by Ohio Law

B. Employer's Liability - $500,000 each occurrence

C. General Liability - $1,000,000 each occurrence - $2,000,000 annual aggregate

D. Auto Liability - $1,000,000 combined single limit Bodily injury and physical damage

E. Builder’s Risk - Full coverage each occurrence

The Developer shall name The University of Akron as an additional insured on each policy and respective Certificate of Insurance shall expressly provide that no less than 30 days prior written notice shall be given to the University in the event of cancellation, non-renewal, expiration or material alteration of the coverage contained in such policy or evidenced by such Certificate of Insurance.

3.12 INDEMNIFICATION The Developer shall indemnify and hold harmless The University of Akron, The University

of Akron Foundation, their respective employees, officers, and agents from and against any and all claims, demands, causes of action, orders, decrees, or judgments for injury, death, damage to person or property, loss damage, and liability (including all costs and reasonable attorneys’ fees incurred in defending any claim, demand, or cause of action) occasioned by, growing out of, or arising from (a) the performance of any product or service or any part of the Project to be supplied by the Developer, its agents, employees, or subcontractors, or (b) by any act, error or omission on the part of the Developer, its agents, employees, or subcontractors.

3.13 EXPENSES Expenses for developing the submittals and answering the University's questions are entirely

the responsibility of the Developer and shall not be chargeable, in any manner, to The University of Akron or to the State of Ohio.

3.14 VENDOR (DEVELOPER) AFFIDAVIT (EXHIBIT A) Each Developer is required to include with their submittal an affidavit stating that neither

they nor their agents, nor any other party for them, has paid or agreed to pay, directly or indirectly, any person, firm or corporation any money or valuable consideration for

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assistance in securing this Project and further agrees that no such money or reward will be hereafter paid.

3.15 APPLICABLE LAWS Selected Developers will abide by all applicable federal, state, county, and city laws and

regulations and will obtain (or demonstrate current possession of) any and all permits and licenses that may be required. Failure to meet (or to keep current) these requirements may result in termination of any agreement entered into.

Any agreement resulting from this RFQ will be governed by the laws of the State of Ohio,

including without limitation, Ohio Revised Code Section 153: Public Improvements and Ohio Revised Code Section 4115: Prevailing Wage.

3.16 PROPRIETARY INFORMATION All submittals will be open for public inspection at the conclusion of the evaluation period.

Any Developer wishing to view the documents may do so by contacting the Department of Purchasing in advance. Trade secrets, test data, or other similar proprietary information, will remain confidential TO THE EXTENT PERMITTED BY OHIO LAW provided such material is clearly marked as such. Any portion of the submittal which can be considered a trade secret in the context defined by the Ohio Revised Code should be so marked. However, any submittal that indicates that the majority or entire contents are secret may be considered non-responsive and rejected.

3.17 CONTACT PERSON Developers must identify by name, title, and telephone number, the person(s) in their

organization to whom the University can address questions during the evaluation of submittals.

3.18 GUARANTEES AND/OR WARRANTIES PROVIDED Developers must provide specific information on any warranties/guarantees provided and

state the terms and conditions of the warranties/guarantees that are being offered. 3.19 UNIVERSITY RESPONSIBILITIES This document is mailed as a courtesy. The University assumes no responsibility for failure

to send it to all interested agencies or companies. Other interested Developers may pick up copies of these specifications by contacting the Director of Purchasing.

Responses to these specifications, plus any additional information presented, will be used by

the University to select the successful Developer. The acceptance of any submittal shall be subject to the University and the selected Developer entering into a signed, written agreement, mutually acceptable to both parties.

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based upon verbal information from any employee of the University unless authorized in writing by the Director of Purchasing in advance.

The University will not agree to indemnify the Developer or any other entity or person in

connection with the development or financing of the Project. 3.20 ASSIGNMENT Any agreement entered into because of this RFQ may not be assigned in whole or in part,

without the expressed prior written consent of The University of Akron. 3.21 INDEPENDENT CONTRACTOR RELATIONSHIP The Developer is and shall perform these services as an independent contractor, and as

such, shall have and maintain complete control over all of its employees, agents, and operations. Neither the Developer nor anyone employed by it shall be, represent, act, or purport to act or be deemed the agent, representative, employee, or servant of the University. The Developer selected on this Request for Qualifications will be working as an independent contractor and will be required to take out and keep in force all permits, licenses, or insurance that may be required by the University, the City of Akron, the State of Ohio, or the federal government. Failure to comply with any of these items would be grounds for immediate cancellation of the contract.

3.22 DRUG-FREE WORKPLACE (EXHIBIT B)

Each Developer is required to include in their submittal a certificate of drug-free workplace compliance form.

4.0 REFERENCES

All Developers should keep on file with the University, a list of current and past clients and provide updates at the University's request, with at least the following information. 1. The name, address, and telephone number of individual responsible for the program.

2. The size and age of the account. Note: All new Developers must provide the reference list with their submittal. 5.0 REQUIRED DOCUMENTATION

Developers must complete and return EXHIBITS A-D with signature and notarization where required.

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(EXHIBIT A) THE UNIVERSITY OF AKRON

VENDOR (DEVELOPER) AFFIDAVIT

STATE OF: _________________ COUNTY OF: _______________ I, authorized person for , do hereby state and affirm that neither me nor any agents of the above-named company nor any other party acting on company's behalf have paid or agreed to pay directly or indirectly any person, firm, or corporation any money or valuable consideration for assistance in securing the award of the Request For Qualifications NO. 2014-11-1903 for Highest and Best Use to Repurpose the Paul E. Martin Center. I further agree that no such money or reward will be hereafter paid. Do any University of Akron employees, or their family members, have a financial interest in the organization submitting the submittal? ______ Yes ______ No If so, please attach a statement giving details. Further Affiant sayeth naught. ____________________________ Affiant Sworn to and subscribed in my presence this _____ day of _______, 2014. ___________________________ Notary Public

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(EXHIBIT B) THE UNIVERSITY OF AKRON

CERTIFICATE OF DRUG-FREE WORKPLACE COMPLIANCE The undersigned certifies that the Contractor will make a good faith effort to ensure that all the Contractor employees, while working on State Property, will not purchase, transfer, use or possess illegal drugs or alcohol or abuse prescription drugs in any way. Authorized Signature: ____________________________________ Print Name: ____________________________________ Title: ____________________________________ Company Name: ____________________________________ ADDITIONAL SIGNATURE FOR JOINT VENTURE Authorized Signature: ____________________________________ Print Name: ____________________________________ Title: ____________________________________

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(EXHIBIT C) THE UNIVERSITY OF AKRON

REQUEST FOR QUALIFICATIONS FOR HIGHEST AND BEST USE TO REPURPOSE THE PAUL E. MARTIN CENTER

VENDOR (DEVELOPER) INFORMATION SHEET

COMPANY NAME:

FEDERAL TAX ID NO. / SOCIAL SECURITY NO.: STREET ADDRESS:

CITY, STATE, ZIP CODE: PAYMENT TERMS: TELEPHONE NUMBER: FAX NUMBER: EMAIL ADDRESS:

STATE OF CORPORATION:

AUTHORIZED SIGNATURE: NAME OF SIGNEE: (Please Print or Type) TITLE: DATE:

All submittals submitted are taken by the University as offers to sell by the carrier and acceptance shall occur only by issuance of a University purchase order or where appropriate, upon execution of a mutually agreeable signed, written contract.

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(EXHIBIT D) ORIGINAL SPECIFICATIONS AFFIDAVIT

STATE OF OHIO COUNTY OF _______________ As an authorized agent and representative of __________________________ (Supplier), I do hereby state, acknowledge and affirm that: Supplier understands and accepts that an electronic copy of the specifications is made from a master, print copy of an original document (Original) resident in the Department of Purchasing of the University. Supplier acknowledges the fact that the Original shall be the controlling document in the event of any inconsistencies, irregularities, changes or alterations that may occur as a result of electronic transmission, copying or other form or electronic editing. Supplier has inspected and compared, or had opportunity to and opted not inspect and compare, the electronic copy with the Original and verify accuracy and consistency of the documents. Supplier agrees and understands that in the event of any inconsistency or variation in any terms, phrases or clauses whatsoever, the Original shall prevail and be the controlling document used to govern and resolve any such inconsistency or variation. The electronic copy of the RFQ document has not been modified, altered or changed in any material way. Any deviations, exceptions, alterations or modifications to the specifications are clearly provided and detailed on the Deviations and Exceptions page of Supplier's submittal. Further Affiant sayeth naught. ____________________________ Affiant Sworn to and subscribed in my presence this _____ day of _______, 2014. ___________________________ Notary Public 00923792-6 / 19721.00-0024

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ATTACHMENT 1 - Area Map

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ATTACHMENT 2 – Front (west) Elevation (ca. 2008)

ATTACHMENT 3 – Building History/Data/Description Building history:

• 1916 original construction • 1952 northeast banquet wing construction • 1978 second floor interior renovation • 1988 renovation with new elevator and stair tower

Building and site data:

• Gross building area 38,937 sf • Building height 4 floors (1 below grade) • Site area 2.9 acres • Paved parking 200 existing spaces

Building construction and systems:

• Building facade is primarily red modular-size brick with limestone trim. • The 1916 structural system is cast-in place columns and beams with one-way ribbed floor

and roof slabs. • Later structural systems are comprised of concrete masonry bearing walls, steel beams,

open-web steel joists and composite steel floor and roof decks. • Mechanical systems include a boiler that circulates through existing fan-coil units and

rooftop cooling units. • Electrical service is rated at 600 amp with main distribution panel in the basement. • The existing elevator was installed in 1990 (2,500 lb. hydraulic, 125 FPM).

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ATTACHMENT 4 – Existing Ground Level Plan

ATTACHMENT 5 – Existing First Level Plan

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ATTACHMENT 6 – Existing Second Level Plan

ATTACHMENT 7 – Existing Third Level Plan

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ATTACHMENT 8 – Potential Hotel Scheme A

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ATTACHMENT 9 – Potential Hotel Scheme B

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ATTACHMENT 10 – Potential Hotel Scheme C

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