Attachment D

General conditions

Modifications to the RFP
Any material clarifications or modifications to the RFP or the selection process will be made in writing and provided to all registered proposers. It is the responsibility of the development teams, before submitting a response to the RFP, to ascertain if the university has issued any notices, clarifications, addenda, or other communications to responders. Oral explanations or instructions from university staff, campus staff, city officials, or consultants shall not be considered binding on the university.

Reserved Rights
The university reserves the right to:

  • Modify or cancel the selection process or schedule at any time.
  • Waive minor irregularities.
  • Reject any and all responses to this RFP and to seek new proposals when it is in the best interest of the university to do so.
  • Evaluate the proposals as to their veracity, substance and relevance to development of the property and seek clarification or additional information from respondents and independent sources as it deems necessary to evaluation of the response, including evidence of the developer's financial status.
  • Incorporate this RFP and the selected team's response to this RFP as a part of any formal agreement between the university and the developer.
  • Modify the development opportunity available to potential development teams.
  • Develop other projects that may compete directly with the proposed project.

Hold Harmless
By participation in this RFQ/RFP process, development teams agree to hold harmless the Regents of the University of California, it officers, employees, students and consultants from all claims, liabilities and costs related to all aspects of the development team selection process.

Public Information
All documents, conversations, correspondence, etc. between the university and developers are public information subject to the laws and regulations concerning disclosure that govern the university, unless specifically identified otherwise.

Expenses
All expenses related to any developer's response to this RFP, or other expenses incurred while the selection process is underway, are the sole obligation and responsibility of that development team. The university will not, directly or indirectly, assume responsibility for these costs. In addition, the university shall not be liable for any real estate commissions or brokerage fees that may arise because of the development team selection process.

The proposer shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or outside consultant associated with the development of the property for purposes of influencing consideration of a response to this RFP.

Representations
The university makes no representations about the conditions of the site, including buildings, utilities, soils, land use entitlements, or other surface, subsurface or legal conditions. The respondent shall make its own conclusions concerning such conditions. Information referenced in this RFP or otherwise made available by university staff or consultants, is provided for the convenience of the responders only. The university does not warrant the accuracy or completeness of this information.

Exclusive Negotiations
The university reserves the right to hold exclusive negotiations that may differ from the terms and conditions originally solicited or offered.