INVITATION TO NEGOTIATE ITN No.: #7372 FINANCING, DESIGNING, CONSTRUCTING, AND RENOVATING OF FLORIDA A&M UNIVERSITY STUDENT HOUSING Refer ALL Inquiries to: Herman Barker, Director Purchasing Department Florida A & M University 208 Foote-Hilyer Admin. Center Tallahassee, FL 32307 (850) 599-3203 (850) 561-2160 (facsimile) [email protected] ITN No.: #7372 INSTRUCTIONS TO PROPOSERS 1. Invitation To Negotiate Acknowledgement Form 2. Purpose 3. Calendar of Events 4. University Purchasing Staff 5. University Rules and Regulations 6. Invitation to Negotiate Form 7. Notice to Bidders/Vendors/Contractors 8. Award/Contract; Term 9. Approval 10. Posting of Proposal Tabulation and Protest Procedures 11. Protest 12. Notice of Proposal Protest, Bonding Requirement 13. Payment Terms 14. Termination because of Lack of Funds 15. Use of Funds for Lobbying Prohibited 16. Public Entity Crimes 17. Public Records/ Access/ Unilateral Cancellation 18. Drug Free Workplace 19. Equal Opportunity Statement 20. Accommodations for Disabilities 21. Interpretation 22. Proposal Submittal 23. Confidentiality 24. Proposer Expense 25. Proposal Modification 26. Questions 27. Addendum 28. Right of Rejection 29. Responsiveness of Proposals 30. Non-Responsive Proposers 31. Additional Information 32. Proposal Evaluation 33. Contract Award 34. Proposer's Responsibilities 35. ITN Interpretation 36. Errors and Omissions 37. Period of Firm Offer 38. Proposer Presentations 39. General Terms and Conditions of the Contract 40. Use of Sub-Contractors 41. Inspection of Proposer’s Facilities 42. Assignment 43. Public Access 44. Company Questions 45. Sole Point of Contact/No Lobbying 46. Investigations by Participating Proposers 3 VENDOR’S NAME _____________________________________________ 47. Interpretations / Disputes 48. Public Entity Crimes/Active Litigation 49. Notice of ITN Protest, Bonding Requirement 50. Public Records EXHIBIT “A” - EXHIBITS SCOPE OF PROCUREMENT APPENDICES APPENDIX I - UNIVERSITY’S MASTER PLAN APPENDIX II – UNIVERSITY CONSTRUCTION GUIDELINES APPENDIX III – OUTSTANDING DEBT ISSUES FOR EXISTING FACILITIES APPENDIX IV - 2004 FAMU HOUSING STUDY BY MGT OF AMERICA APPENDIX V- UPDATED INFORMATION ON FAMU’S EXISTING HOUSING APPENDIX VI - PRIMARY NEGOTIATION AND DISCUSSION ITEMS APPENDIX VII - EVALUATION SCORING SHEET APPENDIX VIII - AMENDMENTS ACKNOWLEDGEMENT FORM 4 VENDOR’S NAME _____________________________________________ 1. INVITATION TO NEGOTIATE ACKNOWLEDGEMENT FORM SOLICATION NUMBER UNIVERSITY DATE OF ISSUE May 05, 2008 FLORIDA A&M UNIVERSITY COMPETITIVE SOLICITATION ACKNOWLEDGEMENT FORM 7372 SOLICATION TITLE Financing, Designing, Constructing and Renovating of Florida A&M University (FAMU) Student Housing RESPONSES WILL BE OPENED AT SUBMIT RESPONSES TO: Florida A&M University Purchasing Department Foote-Hilyer Admin., Ctr., Rm. 208 Tallahassee, FL 32307 Invitation to Negotiate No. #_7372_____ Responses not received at the exact above location at the appointed hour and date will not be considered. July 11, 2008 @ 3:00PM CORPORATE CHARTER NO. F.E.I.D./S.S.NO. REASON FOR NO RESPONSE: POSTING OF BID TABULATION: Bid tabulations with intended award(s) will be posted for review by intended parties at the location where the bids were opened and will remain posted for a period of 72 hours. Failure to file a protest within the time prescribed in Section 120.57(3), Florida Statutes, shall constitute a waiver of proceedings under Chapter 120, Florida Statutes. DELIVERY WILL BE CASH DISCOUNT TERMS PLEASE FILL IN COMPLETE VENDOR NAME AND ADDRESS AREA CODE TELEPHONE NO. FAX NO. TOLL FREE NO. Email Address:__________________________________________ Web Address:___________________________________________ I certify that this response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, equipment or services and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this response and certify that I am authorized to sign this response for the responder and that the responder is in compliance with all requirements of the Competitive Solicitation, including but not limited to AUTHORIZED SIGNATURE (MANUAL) __________________________________________________ 5 VENDOR’S NAME _____________________________________________ certification requirements. In submitting a response to the Florida A&M University, the responder offers and agrees that if the response is accepted, the responder will convey, sale, assign or transfer to this Florida A&M University all rights, one and interest in and to all causes of action it may now or hereafter acquire under the Antitrust laws of the United States and the State of Florida for price fixing related to the particular commodities or services purchased or acquired by the Florida A&M University. At the University’s discretion, such assignment shall be made and become effective at the time the University tenders final payment to the responder. AUTHORIZED SIGNATURE (TYPED) TITLE 2. PURPOSE - This Invitation to Negotiate is for the procurement of financing, designing, constructing, renovating and operating of student housing on the Florida A&M University’s main campus in Tallahassee, Florida in accordance with the details provided in EXHIBIT “A” -SCOPE OF PROCUREMENT. 3. CALENDAR OF EVENTS Amended 6/26/08 DATE/DEADLINE ACTION May 5, 2008 Invitation To Negotiate released and advertised by FAMU; June 13, 2008 Pre-proposal tour and conference June 16, 2008 Last day to submit written ITN inquiries June 25, 2008 Final responses to ITN inquiries and addenda, if any, mailed and posted on the FAMU website July 18, 2008 Deadline for proposal submittal/proposal opening @3:00 p.m. July 22, 2008 Purchasing determines responsiveness of proposals and publishes list of responsive proposals July 23, 2008 Selection Committee begins evaluations July 25, 2008 Selection Committee concludes evaluations, shortlists firms, and makes recommendations to the President July 29, 2008 President reviews and approves shortlist August 15, 2008 BOT reviews and approves shortlist and authorizes the President to negotiate and execute a contract subject to Florida Board of Governors approval. August 18, 2008 Negotiations with proposer(s )initiated November 20, 2008 *Florida Board of Governors Approval November 28, 2008 Negotiations concluded and contract awarded July 31, 2010 New Dorms and Sampson and Young ready for occupancy 4. UNIVERSITY PURCHASING STAFF – The Purchasing Department employee named in this paragraph will be responsible for this solicitation, including amendments, and necessary coordination with University departments and vendors/contractors. Please contact via email the following Purchasing staff: Mr. Herman Barker, Director, Purchasing Department, email: [email protected] or phone (850) 599-3203, Fax: (850) 561-2160. 5. UNIVERSITY RULES AND REGULATIONS – This solicitation will be governed by the provisions of Regulations, 6.005 F.A.C., ADMINISTRATION OF PURCHASING PROGRAM, Chapter 7, F.A.C., LEASED PROGRAM and the provisions of Chapters 553 and 633, Florida Statutes, applicable for 6 VENDOR’S NAME _____________________________________________ University buildings. There will be no binding contract nor vested interest until executed by the successful proposer and the University. 6. INVITATION TO NEGOTIATE FORM – All responses must be submitted on the State of Florida, Invitation to Negotiate Acknowledgement form in order to be considered in the award. The original form must be properly completed, executed and returned with the response by the proposer including all submittals, documentation, brochures or pertinent requirements. For the purpose of this solicitation, the terms respondent, vendor, bidder, proposer and contractor have the same meaning. In its sole discretion, the University may withdraw this Invitation either before or after receiving proposals. The information herein is provided solely for the convenience of proposers. This Invitation is made subject to correction of errors, omissions or withdrawal without notice. 7. NOTICE TO BIDDERS/VENDORS/CONTRACTORS - The employment of unauthorized aliens by any Vendor/Contractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Vendor/Contractor knowingly employs unauthorized aliens, such violation may be cause for unilateral cancellation of the contract. 8. AWARD/CONTRACT TERM - The University intends to select the most responsible and responsive proposal. The University reserves the right to select proposals which in the opinion and discretion of the University will be in the best interest of the University and/or the most advantageous to the University. The University and a proposer will be bound only if and when a proposal, as it may be modified, is approved by the University, and the applicable lease/sub-lease of the land, where necessary, is executed among the state of Florida, the University, and the proposer. The term of the contract will be as negotiated between the proposer and the University. The University reserves the right, prior to making an award, to review the proposer’s background to verify information presented or omitted by the proposer. The University reserves the right to reject a proposal if its review finds inconsistencies with information presented or if it finds omissions that should have been submitted. 9. APPROVAL - A Contract is expected to be issued as a result of this ITN with the understanding that all items delivered must meet the approval of the Director of Purchasing. All approvals are made with the understanding that the terms and conditions conform to all aspects of the ITN specifications and any applicable rules of the University 10. POSTING OF ITN TABULATION – The University reserve the right to reject any and all proposals received either in whole or in part, with or without cause, or to waive any minor defects or proposal requirement, which is deemed by the University to be in the best interest of the University. All responses accepted by the University are subject to the University’s terms and conditions and any and all additional terms and conditions submitted by the proposers will be rejected and shall have no force and effect. 11. PROTEST - Any notice of protest or formal written protest to the award, intended award or University action which is filed before the proposal tabulation posting is null and void. To be considered, a notice of 7 VENDOR’S NAME _____________________________________________ protest or formal written protest must be filed within the time limits set forth in Section 120.57(3) (b), Florida Statutes. Any notice of protest or formal written protest to the specifications issued by the University must be filed within the time limits set forth in Section 120.57(3) (b), F.S. 12. NOTICE OF PROPOSAL PROTEST, BONDING REQUIREMENT - Any person or company/business who files an action protesting a decision or intended decision pertaining to this ITN administered by the University pursuant to Section 120.57(3)(b), Florida Statutes, shall post with the University at the time of filing the formal written protest, a BOND payable to the University in an amount equal to one (1) percent of the total volume of the contract or $5,000, whichever is less, which bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, the University may, in either case, accept a cashier's check or money order in the amount of the bond. FAILURE TO FILE THE PROPER BOND AT THE TIME OF FILING THE FORMAL PROTEST WILL RESULT IN A DENIAL OF THE PROTEST. 13. PAYMENT TERMS - Any payments to the University will be made as agreed upon and specifically provided for in the executed Contract 14. TERMINATION BECAUSE OF LACK OF FUNDS - Where the obligations of the University under the resulting Contract are subject to the availability of funds lawfully appropriated for its purposes by the Florida Legislature or specifically allotted for the purposes stated herein, in the event those funds become unavailable, the University may terminate that portion of the Contract upon no less then twenty four (24) hours notice in writing to the Contractor. Said notice shall be delivered by certified mail, return receipt requested, via fax, overnight express mail or in person with proof of delivery. The University shall be the final authority as to the availability of funds. 15. USE OF FUNDS FOR LOBBYING PROHIBITED – The contractor or vendor agrees to comply with the provisions of Section 216.347, Florida Statutes, which prohibits the expenditure of contract funds for the purpose of lobbying the Legislature or state agency. 16. PUBLIC ENTITY CRIMES - By submitting a proposal, the proposer certifies that he/she/it and their employees who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six (36) months immediately preceding the date hereof, as provided in Section 287.133, Florida Statutes. 17. PUBLIC RECORDS/ACCESS/UNILATERAL CANCELLATION – The successful proposer shall provide and make available to the University, or the University’s agent, all of the proposer’s books and records, as they relate to the payments made by and to the University, for inspection and/or audits, and any other organization conducting reviews for the University, upon reasonable notice throughout the term of the Contract. In addition, the successful proposer must retain all records concerning payments made by and to the University hereunder in proper order for up to three (3) years following the expiration of the Contract. The University, or the University’s agent, shall have access to such books, records, and documents as required in this section for the purpose of inspection or audit during the three (3) year period. This provision shall survive the expiration of the Contract. 8 VENDOR’S NAME _____________________________________________ Any contract resulting from this ITN is subject to immediate and unilateral cancellation by the University if the proposer refuses of fails to provide open access to their records for inspection by authorized representatives. 18. DRUG FREE WORKPLACE – Each proposer shall conform to the following to demonstrate compliance this ITN’s requirement for a drug-free workplace: a. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. b. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. c. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). d. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under the contract resulting from the ITN, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes or of any state, for a violation occurring in the workplace, no later than five (5) days after such conviction. e. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. f. Make a good faith effort to continue to maintain a drug-free work-place through implementation of this section. g. Submit the following statement with the ITN, “As the person authorized to sign this ITN document and bind the company/firm/business, I certify that this firm complies fully with the above requirements, and that proof will be provided upon request. Failure to submit proof within five (5) days of request by the University will result in disqualification as a proposer. 19. EQUAL OPPORTUNITY STATEMENT – Florida A & M University System believes in equal opportunity practices which conform to both the spirit and the letter of all laws against discrimination and is committed to nondiscrimination because of race, creed, color, sex, age, national origin, or religion. Bidders, proposers, vendors and contractors providing goods/services to the University are encouraged to take positive steps to assure that their personnel do nothing of a racially offensive nature during the performance of the contract. Racially offensive conduct by contractors and suppliers of goods/services to the University is forbidden by Rule 6C3-10.103 FAC. Further, Rule 6C3.125 FAC, Discrimination, Harassment, Complaint Procedures provides steps for filing a complaint involving either discrimination or harassment. For assistance, contact the University Director or Assistant Director of Purchasing. 20. ACCOMMODATIONS FOR DISABILITIES - Please indicate if special accommodation because of a disability is needed. If an accommodation is needed in order to participate in this activity, please contact the Purchasing Department at (850) 599-3203 at least seven (7) days prior to the activity. Contact the Purchasing Director or the Assistant Director. You may e-mail your request to: [email protected]. 21. INTERPRETATION – No interpretation of the meaning of this ITN will be made to any proposer orally except in a pre-proposal conference. Each request for interpretation shall be made in writing, addressed to 9 VENDOR’S NAME _____________________________________________ the Purchasing Director referenced in the Section 45 of this document, and must be received by the date referenced in the Calendar of Events in Section 3 of this document. In case the University finds it necessary to supplement, modify or interpret any portion of the proposal documents prior to the proposal opening date, a written Amendment will be issued to the Invitation To Negotiate which will be mailed to all prospective proposers. 22. PROPOSAL SUBMITTALS - All proposals shall be submitted in a sealed envelope clearly marked "ITN NO. #7372, FINANCING, DESIGNING, CONSTRUCTING, AND RENOVATING OF STUDENT HOUSING" by the date and time specified in the Calendar of Events. Proposals shall include the Competitive Solicitation Acknowledgement Form (APPENDIX- VIII), signed by a representative who is authorized to contractually bind the Proposer. Failure to submit an executed Competitive Solicitation Acknowledgement Form shall be grounds for rejection of the proposal. Proposals submitted shall be an original, so identified, and fourteen (14) complete copies of the written proposal. Proposals Shall Be Submitted To: Florida A&M University Purchasing Department Foote-Hilyer Admin., Ctr., Rm. 208 Tallahassee, FL 32307 Invitation to Negotiate No. #_7372_____ Opening Date and Time: July 11, 2008 at 3:00 P.M. ALL PROPOSALS MUST BE RECEIVED IN THE PURCHASING DEPARTMENT ON OR BEFORE THE TIME AND DATE INDICATED IN THIS ITN DOCUMENT. The responsibility for submitting the proposal to the Purchasing Department on or before the above stated time and date is solely that of the proposer. The University will in no way be responsible for delays in mail delivery or delays caused by any other occurrence or proposals delivered to any location other than the FAMU Purchasing Department. LATE PROPOSALS WILL NOT BE ACCEPTED. All proposals must be in writing. Proposals deemed to be non- responsive shall be rejected without further consideration by the University. The signer of the proposal must declare that the proposal is in all respects fair and in good faith without collusion or fraud and that the signer of the proposal has the authority to bind the principal proposer. Submittals shall be limited to 100 pages including maps; pages in excess of 100 pages will neither be considered in determining responsiveness nor be used in evaluation. 23. CONFIDENTIALITY: From the date of issuance of this ITN, until a proposal is made, the proposer must not make available or discuss its proposal, or any part thereof, with any employee or agent of the University, unless permitted by the Purchasing Director, in writing, for purposes of clarification only, as set forth herein. 24. PROPOSER EXPENSE: All proposals submitted in response to this ITN must be submitted at the sole expense of the proposer, whether or not any agreement is signed as a result of this ITN. Proposers will pay all costs associated with the preparation of proposals, presentations and necessary visits to campus. 10 VENDOR’S NAME _____________________________________________ 25. PROPOSAL MODIFICATION - Proposals submitted prior to the proposal opening time may be modified or withdrawn only by written notice to the University. Such notice must be received by the Purchasing Office prior to the time designated for opening of the proposal. A proposer may change or withdraw the proposal at any time prior to proposal opening; however, no oral modifications will be allowed. Only letters, or other formal written requests for modifications or corrections of a previously submitted proposal, which are addressed in the same manner as the proposal, and are received prior to the scheduled proposal opening time will be accepted. The proposal, when opened, will then be corrected in accordance with such written requests, provided that the written request is contained in a sealed envelope, which is plainly marked "Modification of Proposal". Withdrawn proposals may be resubmitted up to the time designated for the receipt of proposal provided that they are then fully in conformance with the requirements of the ITN. 26. QUESTIONS - All questions concerning this Request for Proposals shall be submitted in writing to Mr. Herman Barker, Purchasing Department, via fax at (850) 599-3203 or email at [email protected]. All telephone conversations are considered unofficial responses and will not be binding. Questions regarding the ITN shall be submitted in writing no later than the date shown in the Calendar of Events (Section 3 of this document) as the last day to submit questions. Written responses to all questions shall be the University's official response. All questions and answers asked by all registered Proposers will be will be posted on line at http://www.famu.edu/index.cfm?a=Purchasing&p=Solicitations on or before the date shown in the Calendar of Events. No negotiations, decisions, or actions shall be initiated or executed by the responders as a result of any discussion with any University employee. Only those communications that are in writing from the Florida A&M University Purchasing Office shall be considered as a duly authorized expression on behalf of the University. Also, the University will recognize only communications from responders that are signed and in writing as duly authorized expressions on behalf of the responder. 27. ADDENDUM - Any addendum issued to Proposers prior to the proposal opening date shall include an addendum acknowledgment form. Since all addenda become a part of the proposal, all addenda must be signed by an authorized Proposer representative and returned with the proposal on or before the proposal opening date. Failure to sign and return any and all addendum acknowledgments may be grounds for rejection of the proposal. 28. RIGHT OF REJECTION - The University shall be the sole judge of the response and the resulting agreement that is in its best interest and its decision shall be final. 29. RESPONSIVENESS OF PROPOSALS A. Terms and Conditions: All proposals submitted to the University are subject to the University’s terms and conditions contained in the ITN and relevant state laws and University regulations. Any and all additional terms and conditions submitted by proposers are rejected and shall have no force or effect. B. Issuance of the ITN in no way constitutes a commitment by the University to award a contract or to enter into an agreement. C. Proposals received are first evaluated to determine technical responsiveness; this includes submittal on Proposal Submittal Form, inclusion of required information, data, attachments, signatures and such other critical criteria as are set out herein. Non-responsive proposals will be withdrawn from further consideration. Non-responsive proposers will be informed at the time of posting. Any protest 11 VENDOR’S NAME _____________________________________________ must be filed within 72 hours of posting, excluding state holidays, Saturday and Sunday. Protests filed after the 72-hour posting notice will be considered untimely. D. Responsive proposals will be evaluated against how well they meet the criteria set out in this ITN, relevant state laws and rules of the University governing leases. This may include a visit to each proposed lease premises. After an application of the evaluation criteria to each proposal, the results will be presented to the University official having award authority for final evaluation and determination of which, if any, offer will be selected for further negotiation. E. The University reserves, in its sole discretion, the right to waive any minor irregularities or technicality not limited to the correction of simple mistakes or typographical errors and to seek clarification of proposals received, when such is in the best interest of the University. 30. NON-RESPONSIVE PROPOSERS A. Proposals which do not meet all mandatory requirements of this ITN or which fail to provide all required information, documents or materials will be rejected as non-responsive. The University reserves the right to determine which proposals meet the mandatory requirements of the ITN. B. Proposals which in the University’s judgment, after the evaluation of documents required to be submitted in response to this ITN, do not possess the capability to perform the ITN requirements or the integrity and reliability to assure good faith performance based on past experience, shall be rejected as non-responsive. 31. ADDITIONAL INFORMATION - The University reserves the right to request additional information from proposers including information on past performances. Failure to request additional information is not to be construed as an error on the part of the University. 32. PROPOSAL EVALUATION Evaluation Process: The University must be satisfied that the successful proposer has the necessary technical expertise, experience, and resource capabilities to satisfactorily perform the requisite services stated in this ITN. An award will be made to a responsible proposer whose proposal, conforming to the ITN, will be most advantageous to the University, price and other factors considered. A Selection Committee, hereinafter referred to as the “Committee”, will be appointed by the University President to review and evaluate each proposal submitted in response to this Request for Proposal (ITN). The University President shall be responsible for recommending the successful proposer(s) the Board of Trustees for its review and approval. The Purchasing Office will distribute to each member of the Committee a copy of each proposal. The Committee members will independently base their evaluation of each proposal on the criteria stated herein. The Selection Committee will evaluate each proposal on its own merit. The Committee will assign points utilizing the criteria identified herein. During the process of evaluation, the Committee will conduct examinations of proposals for responsiveness to requirements of this ITN. The Committee shall make a determination of the responsive level of each Proposal. Proposals that are determined to have been submitted by non-responsive Proposers will be so marked. 12 VENDOR’S NAME _____________________________________________ Criteria for Evaluation The Committee will evaluate the responses to the ITN taking into consideration the following criteria and using EVALUATION SCORING SHEET in APPENDIX VII to record the evaluation. 1. Approach to project narrative that includes: (a) identification of the critical issues for the project to be successful; (b) evidence that the proposed team has the capacity to obtain the necessary financing to accomplish the project and a narrative describing how this financing might be obtained and repaid; (c) how the proposer will design/construct/renovate the facilities to meet the University’s objective identified in EXHIBIT – SCOPE OF PROCUREMENT”; (d) specifics as to how the proposer intends to generate revenues to cover debt service, maintenance, and operations such that high quality student residential experience is sustained and benefits to the University are maximized; and (e) costs (Maximum 40 points) 2. Qualifications and experience of the proposer in designing and building facilities. (Maximum 30 points) 3. Evidence that the proposed team has the financial strength and sufficient working capital to meet the procurement requirements. (Maximum 35 points) 4. Qualifications and related experience of the key individuals that will be working on the design, financing and construction of the facilities. (Maximum 25 points) 5. Assurance that the proposed team understands: (a) the University’s mission; and (b) the objectives of the ITN; (Maximum 10 points) Total Assigned Points: 140 points Using the evaluation criteria specified above, the University shall evaluate and rank responses and, in the University’s sole discretion, proceed to negotiate with Proposers as follows: The ranking will be posted for review by interested parties at: http://www.famu.edu/index.cfm?a=Purchasing&p=Solicitations and will remain posted for a period of seventytwo (72) hours. Negotiations: The President will appoint a Negotiating Team to negotiate with the top short-listed Proposers. The University reserves the right to negotiate this ITN with the short-listed Proposers. The University reserves the right to negotiate concurrently or separately with short-listed Proposers. The University reserves the right to accept portions of a competing proposer’s response and merge such portions into one project, including contracting with the entities offering such portions. A partial list of negotiable items is referenced in APPENDIX VI. Before award, the University reserves the right to seek clarifications, to request reply revisions, and to request any information deemed necessary for proper evaluation of responses from all qualifying Proposers. After review of written responses, site visits, and reference checks, the short-listed proposers may be required, at the sole option of the University, to make an oral presentation or provide written clarifications. Such presentations or clarifications will provide an opportunity clarify their proposal responses. Oral presentation hand-outs and written clarifications will be affixed to the Contractor’s ITN proposal and become a part of same as if originally submitted. The Director of Purchasing or designee will initiate and schedule a time and location for any presentations, which may be required. Following these steps the Negotiating Team may interview the management team the company is proposing to bring to the FAMU account. After site visits, negotiations, and management team interviews have been 13 VENDOR’S NAME _____________________________________________ completed, companies will be given a deadline for submission of a “best and final” offer. The negotiation process will stop upon submission of the “best and final” offers and companies will not be allowed to make further adjustments to their offer or communicate further with the university, except to respond to requests for clarification from the Negotiating Team. The focus of the negotiations will be on achieving the solution that provides the best value to the University. The award recommendation of the Negotiating Team will be based upon the initial written response, site visits if any, management team interviews and best and final offers. That recommendation will be submitted to the Vice President for Administrative and Financial Services for review before being submitted to the University President for review and recommendation to the Board of Trustees. Once the contract award is determined, the successful contractor and the University will prepare a final contract document. In its sole, discretion, the University reserves the right to withdraw this ITN either before or after receiving responses, to reject any and all responses either in whole or in part, with or without cause or waive any ITN requirement informalities, deficiencies, in any response, and determine the qualifications and acceptability of any party or parties submitting responses to this ITN, if the University determines such action is in the best interest of the University. The University reserves the right to waive minor irregularities in replies to the solicitation. Issuance of the ITN in no way constitutes a commitment by the University to award a contract or to enter into a lease. All proposals submitted to the University are subject to the University’s terms and conditions contained in the ITN, relevant state laws and University rules governing leases. Any and all additional terms and conditions submitted by proposers are rejected and shall have no force or effect. 33. CONTRACT AWARD - There is no obligation on the part of the University to award the contract to the Proposer with the lowest prices. The University reserves the right to award the contract to the proposer submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interest of the University. The University shall incorporate the successful proposer's proposal into a contract. Failure of a proposer to accept this obligation may result in the cancellation of any award. The selected proposer will be required to assume responsibility for all services offered in the proposal. The University will consider the selected proposer to be the sole point of contact with regard to contractual matters, including payment of any or all charges. 34. PROPOSER'S RESPONSIBILITIES - The Proposer must thoroughly examine and will be held to have thoroughly examined and read the entire ITN document. Failure of the Proposer to fully acquaint himself with existing conditions or the amount of work involved will not be a basis for requesting extra compensation after the award of the ITN. It is understood and the Proposer hereby agrees that it shall be solely responsible for all services that it proposes, notwithstanding the detail present in the ITN. 35. ITN INTERPRETATION - Interpretation of the wording of this document shall be the responsibility of the University and that interpretation shall be final. 36. ERRORS AND OMISSIONS - The Proposer is expected to comply with the true intent of this ITN taken as a whole and shall not avail itself of any errors or omissions to the detriment of the services. Should the Proposer suspect any error, omission, or discrepancy in the specifications or instructions, the Proposer shall 14 VENDOR’S NAME _____________________________________________ immediately notify the University, in writing, and the University shall issue written instructions to be followed. The Proposer is responsible for the contents of its proposal and for satisfying the requirements set forth in the ITN. The University is not liable for any errors or misinterpretations made by the proposer in responding to the ITN. 37. PERIOD OF FIRM OFFER - Prices, terms and conditions must be kept firm for at least 90 days after the last time specified for submission of proposals. If no period is indicated by the Proposer in the proposal, the price will be firm for 90 days and continued thereafter until written notice to the contrary is received from the Proposer, unless otherwise specified in this proposal. Firm proposals for periods of less than 90 days may be considered non-responsive. 38. PROPOSER PRESENTATIONS - The University reserves the right to require that each respondent provide a formal presentation of its proposal at a date and time to be determined. 39. GENERAL TERMS AND CONDITIONS OF THE CONTRACT: 1. Entire Agreement - A proposer’s written submission in response to this ITN shall be considered as the proposer’s formal offer. The content of the ITN, the proposer’s submission in response to the ITN and any resulting contract shall be considered the entire agreement between the successful proposer and the University. It is understood and agreed that nothing herein or in the resulting contractual agreement is intended, or should be construed, as constituting the proposer as the agent or representative of the University for any purpose or in any manner whatsoever. The proposer is, and shall remain, an independent contractor operating in accordance with the terms and conditions of the agreement as a result of this ITN. The University will not be liable for any fees or charges not detailed as a part of this proposal in the Financing, Designing, Constructing, and Renovating of Florida A&M University (FAMU) Student Housing. 2. Parties to the Contract - Parties to the contract will be the University and the successful proposer. Payment will only be made to the successful proposer and in the name as it appears on the proposal submitted and the resulting contract. 3. Amendments - Any amendments, alterations or modifications to the contract resulting from this ITN must be signed or initialed and approved by all signatories noted on the contract. The Laws of the State of Florida, the Florida Administrative Code and the Florida Board of Governors and University regulations shall govern the validity, construction, and effect of the contract. The University, as an agency of the State of Florida, is entitled to the benefits of sovereign immunity including immunities for taxation. 4. Risk - Applicable provisions of all federal, State of Florida, county and municipal statutes, laws, ordinances, rules and regulations shall govern any proposal submitted hereto and any resulting contract. Lack of knowledge by any proposer shall not constitute a cognizable defense against the legal effect thereof. Disputes arising from, or in connection with, the contract shall be determined before a Florida court of competent jurisdiction or through an applicable administrative proceeding in Leon County, Florida, whichever is appropriate to the circumstances under Florida law in the event that either party is required to obtain any permit, license or authorization as a prerequisite to performing its obligation under the contract, the cost shall be borne by the party required to obtain the permit, license or authorization. 5. Negotiations -In the event services are required to be performed or equipment required to be purchased that are not set out in the ITN, but are within the general scope of the requirements, the University and the successful proposer hereby reserve the right to negotiate the terms covering the required services or equipment. 15 VENDOR’S NAME _____________________________________________ 6. Additions, Deletions and Substitutions - The University reserves the right to add to or to delete any item from this ITN on a periodic basis as necessary when deemed in the best interest of the University. The vendor is responsible for submitting requests on a timely basis with sufficient documentation to allow evaluation of the request. The University will consider changes to contract items provided revisions are in accordance with the conditions and specifications contained in this ITN. The University reserves the right to accept or reject changes proposed by the proposer. 7. Insurance - The successful proposer shall not commence any work until all the required insurance has been obtained and the University has approved such insurance, nor shall the successful proposer allow any subcontractors to commence work on subcontracts until all similar insurance required for the subcontractor has been so obtained and approved. All insurance policies shall be with insurers who are qualified and doing business in the State of Florida, and with an A.M. Best rating of no less that A. The contractor shall furnish proof of coverage of insurance by certificates of insurance accompanying the agreement and shall name the Florida A&M University and their Board of Trustees as an additional name insured. The insurer shall provide 30 days written notice to the certificate holder if a policy is to be cancelled before the expiration date thereof. The contractor shall be required to furnish a public liability policy of insurance protecting the public against bodily injury and property damage, worker’s compensation coverage and commercial blanket bond in accordance with the following schedule and conditions: Coverage Minimum Limits of Liability A. Bodily Injury Liability $1,000,000 each accident B. Property Damage Liability (other than automobile) $1,000,000 aggregate operations $1,000,000 aggregate protective $1,000,000 aggregate contractual C. Worker’s Compensation Limit of liability as provided by Worker’s Compensation Law, State of Florida The contractor shall secure and maintain during the life of the contract, Worker’s Compensation Insurance for all his employees connected with the work of this project and in case any work is sublet, the Contractor shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all the latter’s employees unless such insurance shall comply fully with the Florida Worker’s Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under Worker’s Compensation statute, the Contractor shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the purchaser, for protection of his employees not otherwise protected. If there is an instance where the Contractor is subcontracting the required services with a vendor who is not required by Florida Statute to cover their employees by Worker’s Compensation, the Contractor must obtain prior approval of the subcontractor by the Florida A&M University. 16 VENDOR’S NAME _____________________________________________ D. Commercial Auto Liability $1,000,000 combined single limit E. Commercial Blanket Bond $500,000 F. Fidelity Bond $500,000 per claim The successful proposer shall supply a Commercial Blanket Bond, which covers loss occasioned by theft and the hazards customarily covered by such bonds and a Fidelity Bond for faithful service. Such policy is to cover the losses by identifiable employees. The Florida A&M University may request higher limits if the exposure to loss increases. The University shall be exempt from, and in no way liable for, any sums of money that may represent a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the bidder and/or subcontractor providing such insurance. The public liability policy shall be properly endorsed with the “Hold Harmless Agreement” to save Florida A&M University and their Board of Trustees, State officials and employees harmless and to indemnify Florida A&M University for any claim or liability to benefits under the Worker’s Compensation Law of Florida (Chapter 440, Florida Statutes) occasioned by an accidental injury to temporary help by Florida A&M University. Such policy or policies of insurance shall contain an endorsement giving the Florida A&M University Purchasing Department thirty (30) days written notice in advance of any material alteration or cancellation of the policy. Such policy or policies should contain a 3rd party rider showing the Florida A&M University and their Board of Trustees as additional named insured. Such policy is to be submitted to the Florida A&M University, Purchasing Department for approval no less than ten (10) days prior to the commencement of the term of the agreement. 8. Applicable State Law - Any contract resulting from this ITN shall be governed by the laws of the State of Florida and University Regulations. 9. Termination - If the Contractor fails to fulfill any of its obligations under this Contract, or otherwise, through no fault of the University, such failure shall be considered a default and shall entitle, but not obligate, the University to suspend performance under or to terminate this Contract, in whole or in part, at the University's discretion, if the Contractor fails to cure such default within thirty (30) days after receipt of a written notice thereof from the University. Termination shall be effected by delivery to the Contractor of a written notice specifying whether termination is for the default of the Contractor or for the University's convenience, the extent to which services under this Contract are to be terminated, and the date upon which such termination becomes effective. After receipt of such written notice, and except as otherwise directed in writing by the University, the Contractor shall promptly stop work under this Contract on the date and to the extent specified in the notice, terminate all subcontracts to the extent that they relate to the performance of services terminated by the notice, and complete performance of such services as shall not have been terminated by the notice. In the event of termination for convenience, the University shall pay the Contractor (i) the full amount due for goods satisfactorily delivered and/or services satisfactorily rendered; (ii) approved costs and expenses incurred which remain unpaid at the time of such termination, and (iii) such other costs of termination, if any, as may be mutually agreed by the parties. The University shall have the right to set off against amounts otherwise owed the Contractor all amounts owed by the Contractor to the 17 VENDOR’S NAME _____________________________________________ University under this Contract or otherwise. 40. USE OF SUB-CONTRACTORS - If the proposer plans to use sub-contractors to perform any portion of the work described in this request for proposal, the proposer must clearly state so in the ITN. The ITN response must include a description, of which portion(s) of the work will be sub-contracted out, and the names and addresses of potential sub-contractors. 41. INSPECTION OF PROPOSER’S FACILITIES - The right is reserved to inspect and investigate thoroughly the establishment, facilities, equipment, business reputation and other qualifications of any Proposer and their subcontractors and to reject any proposal irrespective of price, if it shall be administratively determined the Proposer is deficient in any of the essentials necessary to assure acceptable standards of performance. The University reserves the right to continue this inspection procedure throughout the life of this contract. 42. ASSIGNMENT - Under no circumstances shall the successful proposer assign to a third party any right or obligation of the successful proposer pursuant to this ITN without prior written consent of the University. If the successful proposer is, or during the term of the contract resulting from this ITN, becomes an individual on the payroll of the State of Florida, the successful proposer represents that he or she has complied with all applicable provisions in the Florida Statutes and Florida Administrative Code regarding outside or dual employment and compensation. 43. PUBLIC ACCESS - The successful proposer shall allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by him/her in conjunction with the contract resulting from this ITN. Refusal by the successful proposer to allow such public access shall be grounds for cancellation of the contract by the University. 44. COMPANY QUESTIONS - Questions to the ITN document and/or process should be written and submitted no later than the day and time shown in the Calendar of Events. FAMU will respond to questions via and addendum which will be posted to the FAMU Purchasing Department website: http://www.famu.edu/index.cfm?a=Purchasing&p=Solicitations. All postings referred to in this ITN will be posted electronically on this website. At all times it shall remain the responsibility of the company participating in the ITN to check the website for postings of addenda or short list or award decisions. No further notice will be given. 45. SOLE POINT OF CONTACT/NO LOBBYING - The University’s sole point of contact for all matters relating to this ITN is: Herman “Buddy” Barker, Purchasing Director Purchasing and Receiving Florida A&M University 204 Foote-Hilyer Administration Center Tallahassee, FL 32307 Phone: (850) 599-3203 Fax: (850) 599- 2160 Email: Herman. Barker @FAMU 18 VENDOR’S NAME _____________________________________________ Any individual associated with the company participating in this ITN who contacts or seeks to lobby any other university employee and/or Evaluation Committee member regarding any aspect of this ITN, who attempts to discuss the ITN with any representative of the University other than the person designated as the sole point of contact, whether such contact be in person, telephone, or through electronic or written correspondence, may be determined to have violated the terms and conditions of this solicitation. If that determination is made, any proposal received from such an individual OR his or her company may be rejected as non-responsive, not subject to evaluation. If there are any changes or additions to the sole point of contact information at any time in the process, participating companies will be notified via an addendum to the ITN. 46. INVESTIGATIONS BY PARTICIPATING PROPOSERS - The University has scheduled optional tours of the housing facilities (see Calendar of Events). Proposers shall make all investigations at their own cost, to thoroughly inform themselves regarding the scope of services referenced in the ITN. No plea of ignorance by those responding to the ITN or by the successful proposer, of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the proposer to make the necessary examinations and investigations, or failure to fulfill the requirements of the contract documents, will be accepted as a basis for varying the requirements of the ITN or to the contract, including compensation, with the successful proposer. 47. INTERPRETATIONS / DISPUTES - Any questions concerning conditions and specifications shall be directed in writing to the FAMU Purchasing Department, to the attention of the person designated as the sole point of contact, by the date and time outlined in the Calendar of Events. No interpretation shall be considered binding unless provided in writing by the university in response to requests in full compliance with this provision. Any person who is adversely affected by the university’s decision or intended decision concerning a solicitation or contract award and who wants to protest such a decision shall file a protest in compliance with Section 120.57(3)(b), F.S. Failure to file a protest within the time prescribed in Section 120.57(3) (b), F.S shall constitute a waiver of proceedings. 48. PUBLIC ENTITY CRIMES/ACTIVE LITIGATION: By submitting a proposal, the proposer certifies that it and its employees who will perform hereunder, have not been placed on the convicted vendor list maintained by the State of Florida Department of Management Services within the thirty-six (36) months immediately preceding the date hereof, as provided in Section 287.133 Florida Statutes. Further the proposer certifies that neither it nor any of its employees or officers are or have been a named party in any litigation in any court against the University within the thirty-six months immediately preceding the date hereof. 19 VENDOR’S NAME _____________________________________________ 49. NOTICE OF ITN PROTEST, BONDING REQUIREMENT - Any person or company/business who files an action protesting a decision or intended decision pertaining to the ITN solicitation administered by the university pursuant to Section 120.57(3)(b), Florida Statutes, shall post with the university at the time of filing the formal written protest, a BOND payable to the university in an amount equal to ten percent of the total volume of the contract or $10,000, whichever is less, which bond shall be conditioned upon the payment of all costs which may be adjudged against the protester in the administrative hearing in which the action is brought and in any subsequent appellate court proceeding. In lieu of a bond, the university may, in either case, accept a cashier’s check or money order in the amount of the bond. FAILURE TO FILE THE PROPER BOND AT THE TIME OF FILING THE FORMAL PROTEST WILL RESULT IN A DENIAL OF THE PROTEST. 50. PUBLIC RECORDS - All materials submitted by a company in response to this solicitation, in whole or in part, are a public document pursuant to Section 119.07, Florida Statutes. This included any material that the company might consider confidential or a trade secret. Any reference to confidentiality or restrictions on circulation or release of all or part of any proposal submitted, whether such reference is submitted either purposely through intent or design or inadvertently appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed the conditions as stated in this solicitation are the only conditions applicable to this ITN, and the authorized signature of the company representative affixed to the acknowledgement form attests to this. EXHIBIT “A” – SCOPE OF PROCUREMENT 1.0 Objective: The University’s objective is to increase the amount and quality of on-campus housing for students while improving the on-campus residential experience to enhance recruiting, retention, and graduation. 2.0 Proposal to Construct New Housing 2.1 Location: The new housong will be located in the area currently occupied by the Polkinghorne Villages apartments on the FAMU main campus in Tallahassee, Florida (please see map 1). The University currently has approximately 74-years remaining on its lease of the land from the state of Florida. The University expects to receive approval from the state of Florida to sublease the land to the prospective developer. The prospective developer would be expected to make a fair market lease payment for the use the leased land. 20 VENDOR’S NAME _____________________________________________ 2.2 Ownership: The University will consider either full ownership of the new housing by the developer initially and an agreement made for the transfer of ownership to the University at a mutually agreed on future date or full ownership by the University. 2.3 Basic Description: The new facility will be an 800-bed suite-style facility with a mixture of 4bedroom x 2-bath(60%), 2-bedroomx2-bath (20%), and 2-bedroomx1-bath (20%) suites. 2.4 Design: The design of the facility must be consistent with and complement the requirements of the University’s Master Plan (see Appendix - I) and must blend into existing and future architectural concepts. The University will consider designs that have already been constructed or are being constructed. 2.5 Construction: Construction of the facility must be done in accordance with the appended Construction Guidelines (see Appendix – II). The demolition of the existing apartments of Polkinghorne Village must be included in the proposal. The provision of approximately 600 parking spaces should be included as an option in the proposals. 2.6 Financing: Proposers are expected to be able to provide their own financing for the demolition of the Polkinghorne Villages apartments and for the design, construction, and furnishing of the new facility. 2.7 Timing: The new facilities should be ready for occupancy by the end of July 31, 2010. 2.8 Operations/Management: The University will consider either operations/management by the developer or by the University itself. 2.9 Estimated Project cost: $40 -55 million 3.0 Proposal for the Renovation of Sampson and Young Student Housing 3.1 Location: Sampson and Young residence halls are located in the central campus area (see Map 1) 3.2 Ownership: The University will consider either full ownership by the developer initially and an agreement made for the transfer of ownership to the University at a mutually agreed on future date or full ownership by the University. 3.3 Basic Description: Sampson and Young residence halls are currently off line. The renovation must result in single and double room occupancy with at least 190 beds available for rental. 3.4 Design: Sampson and Young are historical buildings and as such thedesign must be in compliance with preservation requirements. 3.5 Renovation: The renovation of the facilities must be done in accordance with the appended Construction Guidelines (see Appendix – II). 3.6 Financing: Proposers are expected to be able to provide their own financing for the renovation and refurnishing of Sampson and Young residence halls. Sampson and Young residence halls, while making no revenue contributions, are included as assets in the University Bond Issues (see Appendix III.) 3.7 Timing: The renovated facilities should be ready for occupancy by the end of July 2010. 3.8 Operations/Management: The University will consider either operations/management by the developer or by the University itself. 3.9 Estimated Project Cost: $10 -13 million 4.0 Proposal for the Renovation of Other Existing Student Housing 4.1 Location: The locations of the other existing facilities are shown on the attached Map1. 4.2 Ownership: The University will maintain ownership of these other existing housing. 4.3 Basic Description: The other existing dormitories comprise 2376 beds. Appendices III and IV provide additional information on the other existing housing. 4.4 Renovation: The renovation of the other existing housing must done in accordance with the appended Construction Guidelines (see Appendix – II). 21 VENDOR’S NAME _____________________________________________ 4.5 Financing: Refinancing the existing debt must be included in the proposal. Proceeds from refinancing should be combined with financing provided by the proposer to provide adequate financing for the required renovations and refurnishing of the other existing housing. Proposers should also include the provision working capital, if needed, for the continued operations of the existing housing. Information on the outstanding debt for the existing housing is shown in Appendix III. 4.6 Timing: The renovation of the other existing housing should be initiated as soon as practicable and timed to minimize adverse impacts to student residential life and the profitability of the existing facilities. It is anticipated that all identified renovations would be completed by 2015. 4.7 Operations/Management: The University will be responsible for the operations/management of the other existing facilities. 4.8 Estimated Project Cost: $20-30 million 5.0 Other Housing Information: Appendix IV is the copy of a FAMU Housing Study done by MGT of America in 2004. This study provides some helpful background information. Appendix V provides additional information on FAMU’s existing housing program. Appendix VI has a list of the Primary Negotiation and Discussion Items Submittals shall be limited to 100 pages including maps; pages in excess of 100 pages will neither be considered in determining responsiveness nor be used in evaluation. 6.0 Length of Proposals Submittals shall be limited to 100 pages including maps; pages in excess of 100 pages will neither be considered in determining responsiveness nor be used in evaluation. Proposals must be numbered in sequence. 7.0 Consolidated Proposal Proposers must submit a single proposal that includes the scope of work for the new housing, Sampson and Young Residence Halls, and the other housing facilities. APPENDICES APPENDIX - I –UNIVERSITY’S MASTER PLAN and APPENDIX - II – UNIVERSITY CONSTRUCTION GUIDELINES will be posted on line at: http://www.famu.edu/index.cfm?a=Purchasing&p=Solicitations 22 VENDOR’S NAME _____________________________________________ Appendices III follows. APPENDIX - III OUTSTANDING DEBT ISSUES FOR EXISTING FACILITIES 23 VENDOR’S NAME _____________________________________________ Year Maturity Type Rate Maturity Value 1992 Apartments 1992 Apartments 1992 Apartments 1992 Apartments 1992 Apartments 1992 Apartments 1992 Apartments 1992 Apartments 1992 Apartments 1992 Apartments 1992 Apartments 1992 Apartments 1992 Apartments 1992 Apartments 1992 Apartments 07/01/2009 07/01/2010 07/01/2011 07/01/2012 07/01/2013 07/01/2014 07/01/2015 07/01/2016 07/01/2017 07/01/2018 07/01/2019 07/01/2020 07/01/2021 07/01/2022 07/01/2023 Serial Coupon Serial Coupon Serial Coupon Serial Coupon Serial Coupon Serial Coupon Term 1 Coupon Term 1 Coupon Term 1 Coupon Term 2 Coupon Term 2 Coupon Term 2 Coupon Term 2 Coupon Term 2 Coupon Term 2 Coupon 6.400% $220,000 6.450% $230,000 6.450% $245,000 6.450% $265,000 6.500% $280,000 6.500% $300,000 6.500% $320,000 6.500% $340,000 6.500% $360,000 6.500% $385,000 6.500% $410,000 6.500% $440,000 6.500% $470,000 6.500% $500,000 6.500% $530,000 Subtotal ---- - $5,295,000 1996 Apartments 1996 Apartments 1996 Apartments 1996 Apartments 1996 Apartments 1996 Apartments 1996 Apartments 1996 Apartments 1996 Apartments 1996 Apartments 1996 Apartments 1996 Apartments 1996 Apartments 1996 Apartments 1996 Apartments 1996 Apartments 1996 Apartments 07/01/2009 07/01/2010 07/01/2011 07/01/2012 07/01/2013 07/01/2014 07/01/2015 07/01/2016 07/01/2017 07/01/2018 07/01/2019 07/01/2020 07/01/2021 07/01/2022 07/01/2023 07/01/2024 07/01/2025 Serial Coupon Serial Coupon Serial Coupon Serial Coupon Serial Coupon Serial Coupon Serial Coupon Serial Coupon Term 1 Coupon Term 1 Coupon Term 1 Coupon Term 1 Coupon Term 1 Coupon Term 2 Coupon Term 2 Coupon Term 2 Coupon Term 2 Coupon 5.300% $310,000 5.400% $325,000 5.500% $345,000 5.500% $365,000 5.600% $385,000 5.600% $410,000 5.625% $435,000 5.625% $460,000 5.625% $490,000 5.625% $520,000 5.625% $550,000 5.625% $580,000 5.625% $615,000 5.625% $655,000 5.625% $695,000 5.625% $735,000 5.625% $780,000 Subtotal - ----- $8,655,000 Total --- - $13,950,000 APPENDIX - IV – 2004 FAMU HOUSING STUDY BY MGT OF AMERICA will be posted on line at: http://www.famu.edu/index.cfm?a=Purchasing&p=Solicitations 24 VENDOR’S NAME _____________________________________________ Appendices V through VIII follow. APPENDIX V- ADDITIONAL INFORMATION ON EXISTING FAMU HOUSING 25 VENDOR’S NAME _____________________________________________ 1.0 Introduction Florida Agricultural and Mechanical University (the University) is a land grant comprehensive historically black university that is the third oldest institution in the State University System of Florida. The University is nationally recognized, offering sixty-one (61) different baccalaureate degrees in 100 undergraduate programs, thirty-five (35) graduate degrees in fifty-seven (57) graduate programs and two professional degree programs, law and pharmacy. The main campus is spread over 419 acres located on the highest of seven hills in Tallahassee, the Capital of Florida. The total assets of the University are valued at more than $479 million dollars. The campus comprises 135 buildings and has a current operating budget of more than $400 million dollars. The University Housing Department, within the Division of Student Affairs, supports the mission of the University by providing student housing spaces within the University community 2.0 Mission and Vision The mission of the University Housing Department (the “Housing Department”) is to promote a safe, clean, service-oriented, efficiently managed, nurturing living and learning environment that is conducive to students’ academic pursuits and personal growth while fostering a sense of community, civic responsibility, and an appreciation of diversity. The University’s vision is toward the development of comprehensive, dynamic, high quality on-campus communities that are valued by the University community as places for students to live and learn. Activities that enhance student learning always receive priority over others. Faculty involvement and interaction are greatly emphasized. The Housing Department fosters a sense of community, civic responsibility and an appreciation for diversity. Students who live on campus learn more about themselves and others. The students feel valued, confident, and strong. Additionally, the students feel as if they are able to express their individuality while contributing to their living/learning communities. FAMU’S goal is to provide housing for at least 25 % of the University’s students. The current deficit is 515 beds. In addition, FAMU expects to take 202 beds off line in 2010 and 365 beds in 2015. In addition to the information contained in this Appendix, supplemental information is included in Appendix IV which has a copy of a FAMU Housing Study done by MGT of America in 2004. 2.0 Enrollment Projections The University is projecting a conservative annual enrollment growth of 1%. Current (Fiscal year 2007-08) enrollment is 11,562. 3.0 Student Profile 58.6% of the student population are females 41.4% are males 90% of the student population are African-American 4% are White 2% are Hispanic 26 VENDOR’S NAME _____________________________________________ 81% of the students are at the undergraduate level 17% are at the graduate or professional level 2% are unclassified 85.5% are Florida residents 14.5% are non-Florida residents 4.0 Description of Existing Residence Halls Table I below provides a summary of the existing Residence Halls. TABLE I – Existing Residence Halls Residence Hall McGuinn Hall Truth Hall Cropper Hall Diamond Hall Wheatley Hall Gibbs Hall Paddyfote Complex Palmetto North Apartments Palmetto South Apartments Phase III Apartments Young Hall (off-line) Sampson Hall (off-line) Polkinghorne Village (offline) Total Total Operational Year Occupied 1938 1959 1953 1947 Capacity 1947 1955 1967 1974 1993 1996 1927 Last Year Renovated 1980 1988 1989 1989 (2006 Refurbished) 1989 1989 N/A N/A N/A N/A 1980 1938 1967 Type of Residence Hall 214 103 162 106 Traditional (Female) Traditional (Female) Traditional (Female) Traditional (Female) 204 305 365 202 356 356 94 Traditional (Female) Traditional (Male) Traditional (Coed) Apartments (Coed) Apartments (Coed) Apartments (Coed) Traditional (Male) 1979 182 Traditional (Male) N/A 146 Apartments (Coed) 2795 2373 NOTES: Some of the apartments in Palmetto North are designated for families. Traditional residence halls have single, double, triple, or quad occupancy rooms with a shared community bathroom with one common lobby or social area. Apartments have single or double occupancy bedrooms with one or two bathrooms, a fully equipped kitchen, and a dining area. The renovation to traditional residence halls will be done to complete needed maintenance and repairs, to upgrade the appearance, to add additional amenities to promote socialization, to development community, and to support the academic needs of students. 5.0 Rental Rate History Rental rates for housing facilities at the University are reviewed annually in April. In compliance with the standard practice established within the State University System concerning housing rental rates, the University Housing Department submits a rental rate recommendation prior to April 1 of each year to the University President’s Office for approval. The proposal is subsequently approved by the Board of Trustees before being forwarded to the State Board of Education for concurrence. The Housing System currently consists of air conditioned double rooms with a total of 1,249 bed spaces; air27 VENDOR’S NAME _____________________________________________ conditioned suites with a total of 915 bed spaces; air conditioned single rooms with a total of 112 bed spaces. All housing facilities’ rental rates include utilities. The projected rental rates are for illustration only and management of the University makes no representation as to whether any rental rate increase will be made in the future. However, the State Board of Education has covenanted in the Original Resolution to recommend, fix and include in its budget rental rates that will produce sufficient revenues to pay amounts due with respect to any outstanding bonds secured by revenues from the University Housing System. Rental rate increases are based on annual market surveys and needs analysis. The projected rates shown below reflect a 4% to 5% annual increase for semester and monthly rates based on the room or apartment characteristics. These rental rate assumptions were used in the calculation of projected housing System Revenues set forth in "Projected Pledged Revenues and Debt Service Coverage." The projections of future rental rates have been prepared by the University based upon the most recent available information, which is believed to be accurate. Projections are statements of opinion and are subject to future events which may cause the actual results to differ materially from those set forth herein. Undue reliance should not be placed on these projections. Table II below shows the rental rate per semester history. Fall and spring semester rates are similar. Rental rate contracts are for 9 months. TABLE II – Rental Rate/Semester History/Student FY 02-03 Residence Hall FY 03-04 Truth Hall $ 1,481 $ 1,629 Wheatley Hall $ 1,370 $ 1,507 Cropper Hall $ 1,370 $ 1,507 McGuinn Hall $ 1,370 $ 1,507 Diamond Hall $ 1,370 $ 1,507 Gibbs Hall Paddyfote (singles) Paddyfote (doubles) $ 1,481 $ 1,629 N/A N/A $ 1,242 $ 1,366 Palmetto N Apts Palmetto S Apts (singles) Palmetto S Apts (doubles) Phase III Apts (singles) Phase III Apts (doubles) $ 1,508 $ 1,659 $ 1,834 $ 1,871 $ 1,627 $ 1,660 $ 1,877 $ 1,915 $ 1,671 $ 1,704 FY 04-05 $ 1,694 $ 1,567 $ 1,567 $ 1,567 $ 1,567 $ 1,694 $ 1,771 $ 1,421 $ 1,750 $ 1,974 $ 1,751 $ 2,020 $ 1,798 Average $ 1,517 $ 1,622 $ 1,703 FY 05-06 FY 06-07 FY 07-08 $ 1,694 $ 1,779 $ 1,886 $ 1,567 $ 1,645 $ 1,744 $ 1,567 $ 1,645 $ 1,744 $ 1,567 $ 1,645 $ 1,744 $ 1,567 $ 1,779 $ 1,886 $ 1,694 $ 1,779 $ 1,886 $ 1,771 $ 1,860 $ 1,972 $ 1,421 $ 1,492 $ 1,582 $ 1,750 $ 1,838 $ 1,948 $ 1,974 $ 2,073 $ 2,197 $ 1,751 $ 1,839 $ 1,948 $ 2,020 $ 2,121 $ 2,248 $ 1,798 $ 1,888 $ 2,001 $ 1,703 $ 1,799 $ 1,907 6.0 Housing Occupancy Information 28 VENDOR’S NAME _____________________________________________ All “First Time In College” (FTIC) students and /or students with less than twelve (12) semester credit hours whose permanent residence is more than thirty-five (35) miles from the campus are required to live in University on-campus housing. Table III provides historical housing occupancy information. TABLE III – Housing System Occupancy Statistics Total Total Housing % of Academi Housing Total 1,2,3 Occupancy as Applications Total Students Living on Campus c Capacity Occupancy % of Capacity Received Students Year 1996-97 2,623 2,582 98.00% 3,437 8,631 40% 1997-98 2,952 2,799 95.00% 3,712 11,956 31% 1998-99 2,942 2,893 98.00% 3,936 11,956 26% 1999-00 2,944 3,094 99.00% 4,133 12,202 25% 2000-01 2,950 3,100 96.00% 4,225 12,257 25% 2001-02 2,974 3,174 106.72% 5,034 12,376 26% 2002-03 2,974 3,174 106.72% 4,184 12,464 25% 2003-04 3356 3388 100.09% 3808 13,115 25% 2004-05 3146 3156 100.03% 3940 13,105 25.8% 2005-06 2276 2279 100.01% 2639 12,179 18.7% 1 Occupancy figures are for the first day of the fall semester. 2 The statistics for 1998 through 2000 do not include twenty-four family housing units. 3 Part-time and full-time students are eligible to reside in campus housing. 4 Total applications received as of the start of the each fall semester. 5 Includes rooms assigned to student staff who are accommodated rent-free or at reduced compensation. 7.0 Student Housing Payments and Collection Each student desiring to live on campus must submit a Housing Agreement along with an advanced payment fee each academic year prior to the academic term the student wishes to enroll. The remaining balance is due by the fifth day of classes. The University implemented a net-check system in 1986 to facilitate the collection of tuition, housing and meal plan fees from students receiving financial aid awards. The net-check system automatically deducts the full amount of tuition, housing and meal plan fees from the student’s financial aid award prior to disbursement. Students with unpaid housing balances are placed on the University wide receivable system for collections. Students with unpaid balances are precluded from registering for a subsequent term and from receiving a transcript or diploma until their account is paid. Students with financial aid deferment plans are permitted to live in housing until aid has been disbursed. During financial aid distribution, housing fees are deducted from the student’s total financial award. Additionally, the remaining students are on the college prepaid program. Students are entitled to a refund of the advanced payment in accordance with the Housing Agreement Cancellation Policies and Procedures, determined on a case by case basis. Additionally, the student who has paid in full and withdraws from the University and vacates the facility in 37 days or less after the opening day of the residential facilities is entitled to a refund on a pro-rata basis. The collection rate for housing fees, as of one month after the start of the semester (doesn’t reflect late payment collections), was 86% in the fall 2004 semester, 88% in the spring 2005 semester and 85% in the fall of 2005 semester, for an average collection rate for that period, as of November 3, 2005, of 66.3% with some financial aid still pending disbursement. 8.0 Comparison of Housing Rates 29 VENDOR’S NAME _____________________________________________ A survey of comparable off-campus facilities is included in the following section. The off-campus facilities selected for this survey were student oriented facilities within a five mile radius of the campus. The average rental rate for a two-bedroom apartment was $545 per month. The off-campus rental rates do not generally include utilities or any required deposits. The majority of off-campus students live in apartment style housing with other students as close to campus as possible. Freshmen students and sophomore scholarship students are required to live on campus. As enrollment continues to increase, the demand for campus housing is expected to increase. TABLE IV - Survey of Off-Campus Housing Rates for Unfurnished, Two Bedroom Apartments1 (As of fall 2005) Apartment Facility Colony Club Casa Cortez Chateau Deville Charter Oaks Longleaf Kingston Square 1 Rent/Month $735 $699 $690 $675 $575 $495 Apartment Facility University Courtyard College Club Shaker Heights Hillside Rent/Month $410 $405 $400 $395 The Tallahassee Apartment Rental Guide, published by Homes & Land Publishing, LTD, as well as individual property management publications and offices were used as resources to survey apartments within an approximate five mile radius of campus. Utilities are not included in the rental fees. 9.0 Budgetary Information The Housing Department’s budgetary process begins with a review of the prior Fiscal Year’s budget and making adjustments for any expenses (salary, maintenance, programming, and renovations) that are anticipated to occur during the following Fiscal Year. The Director of University Housing in conjunction with the management staff reviews all information and prepares the budget. The Vice President for Student Affairs reviews the budget before submission to the University’s Budget Office. The University’s Budget Office coordinates the Vice President’s presentation and justification of the budget to the University President. After review and approval by the University President, the budget is then submitted to the Board of Trustees for approval. After approval by the University Board of Trustees, the Housing System budget is submitted to the State Board of Education for review and recommendation. During the fiscal year, requests to transfer spending authority among categories, such as from Salaries and Benefits to Expenses or Other Personal Services must be approved by the Vice President for Student Affairs. Requests for additional budget based on unexpected or increased revenues must be approved by the President. TABLE V - Comparison of Housing System Budget to Actual for Fiscal Years Ended June 30, 2002, 2003, 2004, and 2005 and Budget for Fiscal Year Ending June 30, 2006 FY 2001-02 FY 2002-2003 Budget Actual + (-) Budget Actual + (-) Revenue from Operations 8,568,124 8,823,867 255,743 8,586,717 8,534,731 (51,986) Beginning Cash 1,215,529 474,884 (740,645) 2,668,590 1,873,890 (794,700) 30 VENDOR’S NAME _____________________________________________ Balance Total Revenue Available Expenditures: Salaries and Benefits Other Personal Services 9,783,653 9,298,751 (484,902) 11,255,30 7 10,408,62 1 (846,686) 1,907,769 1,618,581 (289,188) 2,218,498 1,764,315 (454,183) 1,240,913 1,300,945 1,003,577 995,504 (8,073) Operating Expense Operating Capital Outlay Non Operating Expense Debt Service Replacement Reserves 3,112,292 1,332,876 60,032 (1,779,416 ) 2,469,775 2,968,832 499,057 226,800 150,826 (75,974) 450,000 31,263 (418,737) 687,828 1,387,972 256,933 1,390,777 1,373,923 256,933 732,516 1,387,972 257,602 732,516 1,241,877 257,602 0 (146,095) 0 Total Expenditures Ending Cash Balance* 1 8,820,507 7,424,861 702,949 (14,049) 0 (1,395,646 ) 8,519,940 7,991,909 (528,031) 963,146 1,873,890 910,744 2,735,367 2,416,712 (318,655) FY 2003-2004 Actual + (-) 14,162,73 9,267,654 6 4,895,082 2,658,752 11,926,40 6 2,416,712 16,579,44 8 4,653,042 2,832,467 2,051,494 (780,973) FY 2004-2005 Actual + (-) 11,946,20 (2,537,707 2 ) (1,726,396 2,991,314 1,264,918 ) 17,475,22 13,211,12 (4,264,103 3 0 ) 0 2,933,241 2,120,760 (812,481) 1,360,692 1,220,633 (140,059) 1,410,258 1,346,962 Operating Expense Operating Capital Outlay Non Operating Expense Debt Service Replacement Reserves 2,488,494 8,898,675 6,410,181 6,518,969 172,000 63,129 (108,871) 877,309 1,387,972 278,030 559,586 (22,298) 0 Total Expenditures Ending Cash Balance *1 9,396,964 1,436,895 1,365,674 278,030 15,314,53 0 2,529,442 1,264,918 Budget Revenue from Operations Beginning Cash Balance Total Revenue Available Expenditures: Salaries and Benefits Other Personal Services (242,040) 5,917,566 (1,264,524 ) Budget 14,483,90 9 FY 20052006 Budget 8,753,473 8,753,473 1,796,012 4,248,814 (63,296) (2,270,155 ) 938,678 4,165,310 350,000 72,593 (277,407) 50,000 1,143,414 1,387,972 434,517 14,178,37 1 1,542,147 1,359,091 434,517 11,124,88 5 138,630 1,387,972 262,604 3,296,852 2,086,235 398,733 (28,881) 0 (3,053,486 ) (1,210,617 ) 8,739,206 14,267 *1. Investment Balances in the State Treasury and State Board of Administration and Cash on Hand *2. FY 2004-2005 include cash of $860,102.54 plus investment Balance of $1,226,132.89 31 VENDOR’S NAME _____________________________________________ APPENDIX VI Negotiation and Discussion Issues Lease/sublease terms Financing and Refinancing FAMU/Developer Partnership Design Construction Standards Renovation parameters Repair and maintenance Ownership transfer terms Revenue optimization for the University Occupancy guarantees/priorities University and Developer guarantees Developer Performance Standards Rental rates Amenities Master Plan Compliance Timing Responsibility for Operations/management Payments to the University Security/Safety Utilities Termination Inventory Licenses, permits, taxes Insurance Parking Other general terms of contract 32 VENDOR’S NAME _____________________________________________ APPENDIX VII EVALUATION SCORING SHEET NAME OF PROPOSING COMPANY_______________________________________ INSTRUCTIONS TO SELECTION COMMITTEE MEMBER: Each Selection Committee member must independently score, in writing, each proposal on the form below. Each Selection Committee member shall enter his/her comments, if any, regarding the proposal and then sign the completed score forms and deliver them, in a sealed envelope, to the Purchasing Director. A tabulation sheet will be posted in the Purchasing Office and the Purchasing Department’s website: http://www.famu.edu/index.cfm?a=Purchasing&p=Solicitations showing the results of the Selection Committee’s scoring, including total points scored. 1. 2. 3. Evaluate each proposal on a separate form. Work independently and do not discuss the Proposals or your evaluation with anyone. When the forms are completed, sign and date the forms and deliver them in a sealed envelope to Herman Barker, Director of Purchasing SUBMISSION REVIEW FACTORS 1. Approach to Project. 2. Qualifications and Experience for program design. 3. Evidence of financial strength. 5. Qualifications and Experience of key individuals of the design, financing, and construction team. 6. Assurance that the proposed team recognizes the “at risk” nature of any subsequent agreement. TOTAL POINTS MAX POINTS 40 30 35 25 POINTS AWARDED 10 140 Comments, if any (add pages if necessary): EVALUATOR’S NAME__________________________________________________ EVALUATOR’S SIGNATURE_____________________________________________ DATE__________________________________________________________________ 33 VENDOR’S NAME _____________________________________________ APPENDIX VIII - AMENDMENTS ACKNOWLEDGEMENT FORM AMENDMENTS ISSUED BY THE UNIVERSITY Failure to acknowledge receipt and compliance with the amendments issued by the University will result in disqualification. Amendment No. _____ Dated __________ __________ YOUR INITIALS Amendment No. _____ Dated __________ __________ YOUR INITIALS Amendment No. _____ Dated __________ __________ YOUR INITIALS __________________________________________________ COMPANY'S NAME __________________________________________________ TYPE THE NAME OF THE AUTHORIZED REPRESENTATIVE TO BIND THE COMPANY INTO A CONTRACT/PURCHASE ORDER __________________________________________________ SIGNATURE OF AUTHORIZED REPRESENTATIVE __________________________________________________ FEID NO./SOC. SEC. NO. (ENTER APPLICABLE NO.) __________________________________________________ PHONE NUMBER FAX NUMBER ___________________________________________________ EMAIL ADDRESS 34 VENDOR’S NAME _____________________________________________
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