The City of Frederick is pleased to offer for sale and development, a six acre infill parcel along Carroll Creek Park on the east side of the award-winning historic Downtown Frederick. The development of the contiguous Sites J and K provides a unique opportunity for the successful development team to deliver a high density residential and / or mixed-use project. The City is presently constructing a $15. Million extension of the park bringing its multi-use paths, water features, bridges, public art, park furniture
The City of Frederick is pleased to offer for sale and development, a six acre infill parcel along Carroll Creek Park on the east side of the award-winning historic Downtown Frederick. The development of the contiguous Sites J and K provides a unique opportunity for the successful development team to deliver a high density residential and / or mixed-use project. The City is presently constructing a $15. Million extension of the park bringing its multi-use paths, water features, bridges, public art, park furniture
The City of Frederick is pleased to offer for sale and development, a six acre infill parcel along Carroll Creek Park on the east side of the award-winning historic Downtown Frederick. The development of the contiguous Sites J and K provides a unique opportunity for the successful development team to deliver a high density residential and / or mixed-use project. The City is presently constructing a $15. Million extension of the park bringing its multi-use paths, water features, bridges, public art, park furniture
RFP Issued: Tuesday, June 17, 2014 Proposal Deadline: Thursday, July 25, 2014 3:00 PM
City of Frederick - Purchasing Department 111 Airport Drive E. Frederick, MD 21701 RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
2 OFFICE OF THE MAYOR
June 17, 2014
RE: LETTER TO PROSPECTIVE DEVELOPERS REGARDING DEVELOPMENT OPPORTUNITY
Dear Prospective Developer;
The City of Frederick is pleased to offer for sale and development, a six acre infill parcel along Carroll Creek Park on the east side of the award-winning historic Downtown Frederick. The development of the contiguous Sites J & K provides a unique opportunity for the successful development team to deliver a high density residential and/or mixed-use project to anchor the east end of Carroll Creek Park and be a catalyst for area-wide development in East Frederick.
Carroll Creek Park is a 1.3 mile long mixed-use park through Downtown Frederick flanked by mixed-use buildings and development opportunities such as Sites J & K. The City is presently constructing a $15.7 million extension of the park bringing its multi-use paths, water features, bridges, public art, park furniture and lighting right to the doorstep of this property providing direct access to the restaurants and retail activities in Downtown. Additionally, the City and its economic development partners are in the process of selecting a developer and site along the park in Downtown for a 200-room, full-service hotel with 20,000 SF of conference meeting space.
The City has successfully sold nine parcels along Carroll Creek Park to development teams using this RFP process. Four of those parcels have been developed with office, residential, and retail space. The remaining parcels are in varying stages of the design and entitlement process and are moving forward to development.
I invite you to share in our vision for a unique real estate development project that will serve Frederick residents and visitors alike for generations to come. Please take time to read this Request for Proposals (RFP) and submit a proposal by the deadline on Thursday, July 25, 2014.
Sincerely,
Randy McClement Mayor
RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
3
TABLE OF CONTENTS
I. Notice To Proposers 4 Authority to Distribute RFP Packages 4 Notice of Intent / Questions 5 Proposal Deadline for Submittal 5 Disclaimer/Process and Sequence of Events Purchase Price and Deposits Local Preference Policy Propriety Information 6 7 8 8 II. Project & Site Description, Development Objectives, Scope 9 General Intent 9 Site Description 9 Site Details 11 Sites J/K State Tax Assessment Information 12 Previous Development RFP / Development Plans 13 Development Guidance 14 Development Objectives: Public and Private 16 Adjacent Development Opportunities 18 Financial Structure & Terms/Scope of Work 19 III. Proposal Requirements/Selection Criteria 20 General Submittal Information 20 Submittal Requirements 20 Selection Criteria 23 Selection Team 24 IV. General Conditions 24 Legal Requirements 24 Liability, Insurance, Licenses and Permits 24 Laws, Permits and Regulations 24 Assignment 24 Clarification and Addenda to Specifications 24 Termination for Default 25 Termination for Convenience 25 Governing Law and Venue 25 Attorneys Fees 25 Other Fees and Costs 25 No Partnership of Joint Venture 25 Partial Invalidity 26 Provisions Submitting a Proposal 26 Headings and Terms 26 Entire Agreement 26 Protests 26 V Forms to Complete 23 Proposal Submittal/Signature Form 28 Anti-Collusion Statement 29 Proposers Certification 30 Statement of Non-Submittal 31 Local Vendor Preference 32
RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
4
I. NOTICE TO PROPOSERS
AUTHORITY TO DISTRIBUTE RFP PACKAGES:
The City of Frederick Purchasing Office (and website, if applicable) is the sole entity authorized to provide this RFP package to interested companies or individuals. Firms who are working from an RFP package obtained from any other source may have an incomplete set of documents. The City assumes no responsibility for any error, omission, or misinterpretation resulting from a companys use of an incomplete RFP package.
Firms who have received the RFP package from a source other than the City Purchasing Office (and website, if applicable) are advised to register on the City Purchasing website or contact the office to provide their company name, mailing address, telephone number, fax number, contact name and contact e-mail address. This will ensure that the company receives all RFP related communications and documents, including addenda.
There may be one or more amendments to this solicitation. If your company desires to receive copies or notices of any such amendments, you must provide the information requested below to Purchasing. Please send this information to Kandi Fullerton via fax at (301) 600-3871 or by e-mail at kfullerton@cityoffrederick.com Purchasing will send amendments only to those firms that timely complete and return this form via fax or provide the requested information by timely e-mail.
RFP 15-E Company Name Mailing Address
Phone Number Fax Number Contact Person Email Address
Send amendments by (check one): fax ___ e-mail ___
E-mailed amendments will be sent in a digital Adobe Acrobat PDF format. Any alterations to this document made by the proposer may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to the City of Frederick Government.
Amendments also will be posted on the City of Frederick Purchasing web site http://www.cityoffrederick.com/index.aspx?nid=251 RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
5
NOTICE OF INTENT
NOTICE IS HEREBY GIVEN that it is the intent of The City of Frederick to obtain Proposals for the Disposition of the Sites J & K Property located adjacent to the Carroll Creek Park between E. Patrick and Highland Streets in Downtown Frederick.
Nothing in this Request for Proposals shall create any Contractual relationship between the City and respondents.
Proposals will be received by the Purchasing Department no later than Thursday, July 24, 2014 by 3:00 p.m. Proposers must submit one (1) original and five (5) copies of the Proposal and supporting documents. Proposals must be submitted in a sealed envelope bearing the name of the Proposer and their address and labeled, RFP #15-E, addressed to the Purchasing Manager, City of Frederick, 111 Airport /Drive East, Frederick, Maryland 21701.
Proposals received after the closing time and date, for any reason whatsoever, will not be considered. Any disputes regarding timely receipt of proposals shall be decided in favor of the City of Frederick. The City is not responsible for returning late proposals. Proposers shall be responsible for verifying that the city has received their proposal. Those Proposers desiring confirmation may contact Ms. Kandi Fullerton at (301) 600-6906 or at kfullerton@cityoffrederick.com between the hours of 7:00 a.m. and 3:00 p.m. (EST)
QUESTIONS?
The City of Frederick understands that respondents may have questions that cannot be answered by the information contained within this RFP. All questions must be submitted in writing and received no later than ten (10) days prior to submittal due date, and sent to Attn: Kandi Fullerton, Purchasing Manager, at: kfullerton@cityoffrederick.com.
DISCLAIMER
The City of Frederick will not assume any responsibility for any oral instruction, suggestion or interpretations. Any material change will be submitted to all Proposers through issuance of a written RFP Addendum. All inquiries should be in writing and directed to: Kandi Fullerton, Purchasing Manager, Fax: (301) 600-3871 or e-mail to kfullerton@cityoffrederick.com.
The City of Frederick encourages Disadvantaged Business Enterprises (DBE) to participate in the bidding process. The City of Frederick does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provisions of services. Individuals requiring special accommodations are requested to contact Kandi Fullerton at 301-600-6906 or by email to kfullerton@cityoffrederick.com to make arrangements no later than seven (7) calendar days prior to the submittal deadline.
The City of Frederick reserves the right to reject any, and all Proposals, or to waive any minor irregularities in the process. The City further reserves the right to seek new Proposals when such a procedure is reasonably in the best interest of the City to do so.
RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
6 The City of Frederick may, in its sole and absolute discretion, accept or reject, in whole or in part, for any reason what so ever any or all Proposals; re-advertise this Request for Proposal; postpone or cancel at any time this RFP process; or waive any formalities of or irregularities in the Proposal process. Proposals that are not submitted on time and/or do not conform to The City of Fredericks requirements will not be considered.
PROCESS AND SEQUENCE OF EVENTS
The objective of this process is to find a developer with the commitment and business proposition that are most satisfactory to the City. It should be understood that each respondent is making an offer to purchase and redevelop this property subject to the assumptions, conditions and contingencies identified in this RFP. Ultimately, the RFP will be awarded to the top respondent and the Proposal will be memorialized in a purchase and redevelopment agreement, that will address respective obligations and performance requirements.
Proposals shall be evaluated by a Selection Committee. The Selection Committee may, at its option, request any or all proposers to make oral presentations to the Selection Committee. The Selection Committee may request, at their discretion, that the Proposer submit references from other clients. The proceedings of the Selection Committee are confidential. Proposers are strongly cautioned NOT to contact elected officials or members of the selection committee regarding the selection process. Inappropriate efforts to lobby or influence individuals or organizations involved in this selection may result, at the Citys sole discretion, in dismissal from further consideration. All communications between respondents and the Committee must be through Kandi Fullerton, Purchasing Manager.
The evaluation criteria includes at a minimum but is not limited to the consistency of the respondents concept plan with the vision and objectives articulated in this RFP, the proposed purchase price, the proposed structure for assuring that the concept proposed as part of this selection process is implemented, and the Citys financial exposure.
The City contemplates that respondents will submit a detailed proposal package that includes specifications as outlined herein.
The selection process will involve several stages.
FIRST: Proposal Submission - Submission of proposal documents by the RFP Deadline.
SECOND: Initial Review and Short List - The Selection Committee will review the Proposals and rank them based on the criteria identified in this RFP.
THIRD: Oral Presentations - Each top-ranked short-listed Proposer will be given up to 60 minutes to present their plan and financial package to the Selection Committee. The Selection Committee shall have up to an additional 60 minutes for questions and answers. Specific questions may be presented ahead of time to the ranked firms in order to prepare for the presentations.
FOURTH: RFP Award / Purchase and Redevelopment Agreement - A public hearing with the Mayor and Board of Aldermen will be held to award the RFP and purchase and redevelopment agreement to the top selected respondent. No Proposer will accrue any rights to the property until a purchase agreement has been executed. RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
7
The City of Frederick reserves the right to negotiate separately with any Proposer after the opening of this RFP when such action is considered in its best interest. Subsequent negotiations may be conducted, but such negotiations will not constitute acceptance, rejection, or a counteroffer on the part of The City of Frederick.
The Proposals submitted, and any further information acquired through interviews, will become, and is to be considered, a part of the final, completed Agreement. If there is any variance or conflict, the Proposal specifications, conditions, and requirements will control.
The issuance of this RFP constitutes only an invitation to make presentations to The City of Frederick. The City of Frederick reserves the right to determine, at its sole discretion, whether any aspect of the proposal satisfies the criteria established in this RFP. In all cases, The City of Frederick shall have no liability to any Proposer for any costs or expense, incurred in connection with this RFP or otherwise. Nothing in this RFP or accompanying documents submitted will create any Contractual relationship between the City and respondents.
Nothing in this RFP or subsequent purchase and redevelopment agreement shall constitute design approval for the development concepts proposed by the successful respondent. All development concepts are required to be fully reviewed and approved as set forth in The City of Frederick Land Management Code and Building Code.
All questions regarding technical matters should be in writing and directed to: Kandi Fullerton, CPPB City of Frederick Purchasing Manager, 111 Airport Drive East Frederick, Maryland 21701, Fax; (301) 600-3871/ e-mail: kfullerton@cityoffrederick.com, e-mail is the preferred method.
PURCHASE PRICE AND DEPOSITS
A purchase price must be specified in the developers Proposal. At any time prior to execution of a purchase and redevelopment agreement, the City may reject all Proposals and or request resubmission of all Proposals. Closing on the disposition of any real property will be subject to the developer completing all requirements of the purchase and redevelopment agreement which is to be promptly negotiated and finalized once a Proposer is selected. It will be the responsibility of the developer to resolve any and all contingencies not expressly assumed by the City.
The purchase price is only one of the many variables involved in evaluating the Proposals; it will be evaluated along with the planning documents at the beginning of the evaluation process. The price to be disclosed should be that price individual respondents would anticipate paying for the property under the assumed conditions described in this RFP. All other information associated with development costs and terms as they are related to the price itself should be addressed in the body of the main Proposal.
The proposed price will be evaluated along with the components of the physical plan submitted in the Proposal. In evaluating the proposals, the City will take into account the long-term benefits the proposed development will have on the community and the proposals ability to implement Plan.
RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
8 Deposit Each RFP respondent shall also provide a financial deposit in the form of a certified cashiers check made payable to The City of Frederick in an amount equal to 5% of the proposed purchase price. The deposit will immediately be deposited by the City into an interest-bearing escrow account.
Immediately after the Board of Aldermen formally select a developer, that deposit becomes the property of the City, subject to the execution of a purchase and redevelopment agreement. If the City and the selected Proposer cannot come to mutually agreeable terms for a purchase agreement the City reserves the right to return the deposit, or portion thereof, and then negotiate with any other proposer or seek other Proposers.
Failure to negotiate and execute a purchase and redevelopment agreement within 180 calendar days from date of approval by the Mayor and Board may subject the selected Proposer with a loss of some or all of the deposit (based upon actual and verifiable cost experienced or incurred by the City in the negotiation process) at the discretion of the City.
The deposits of the other respondents will be returned with interest within twenty days of selection of the top respondent for negotiation of a purchase and redevelopment agreement. In the event the determination is to engage in negotiations with any other Proposer, the City may first require a deposit and then negotiate with any other Proposer or seek other proposers.
LOCAL PREFERENCE POLICY
Pursuant to The City of Frederick Purchasing Rules and Regulation Section II, Subsection B, Paragraph 9, Subparagraph (b), a preference credit of 10%, up to a value of $2,999.99, shall be granted to a City of Frederick Business and a preference credit of 5%, up to a value of $1,499.99 shall be granted to a State of Maryland Business when evaluating any competitive solicitation. In order for a vendor to be considered for Local Preference points the vendor must fill out in its entirety and submit with their bid the Local Vendor Preference Qualification Form attached to this RFP.
PROPRIETARY INFORMATION It shall be the Proposers responsibility to duly note on their submittal if any information in their submitted proposal contains confidential proprietary information. RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
9
II. PROJECT & SITE DESCRIPTION, DEVELOPMENT OBJECTIVES
GENERAL INTENT
The City of Frederick through this RFP seeks a highly qualified and creative development team to purchase and redevelop Sites J & K along Carroll Creek Park in Downtown Frederick for infill residential and/or mixed-use development and construct Carroll Creek Park improvements between E. Patrick and Highland Streets.
Carroll Creek Park Master Plan
SITE DESCRIPTION
Sites J & K shown below are situated on the southeast side of Carroll Creek Park between E. Patrick Street and Highland Street. The 6.12 acre Downtown Business (DB) zoned property is adjacent to the 50 acre Frederick Fairgrounds and is across Carroll Creek Park from the 14.11 acre light- industrial zoned (M1) Potomac Edison property. DB Zoning permits a wide variety of uses including residential, office, and retail. Sites J & K are presently open grassy areas which are predominantly unused at this time. Occasionally the site is used for overflow fair parking under agreement.
Aerial Map with General Property Location Zoning Map
General J/K Development Site Location DB RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
10 Sites J & K are no longer located in the 100 year floodplain due to the Carroll Creek Park Floodplain Project which resulted in a FEMA Map Amendment.
The site is connected to Downtown via sidewalks, roadways and the future Carroll Creek Park Shared Use Path. The City has awarded a $15.7 million contract to Waynesboro Construction, Inc. to construct additional park amenities from the Delaplaine Center to East Patrick Street for completion in mid-2015, effectively bringing the park directly to this site. This path system provides direct access to the C. Burr Artz Library, County Court House, retail and restaurants, and to the Downtown Multi-Modal Transit Center with MARC commuter rail, Greyhound and County TransIT. It is anticipated that the developer of this site will construct Carroll Creek Park multi-use paths, lighting, and landscaping, et cetera between E. Patrick and Highland Streets.
Carroll Creek Shared Use Path Construction Documents CIP #410001
Site J Site K 1 10 00 0 Y Ye ea ar r F Fl lo oo od dp pl la ai in n RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
11 SITE DETAILS
ITEM PARCEL J PARCEL K Address: 423 East Patrick Street 531 Highland Avenue Number of Lots: 1 Lot 1 Lot Legal References: L. 1560 F.1016 L. 484 F. 509 SDAT Account Identifier 02-069288 02-069288 Current Use: Vacant Field Vacant Gravel Parking Area Gross Acreage 2.51 acres 3.62 acres Eased Areas None None Ownership The City of Frederick The City of Frederick Zoning Downtown Commercial/ Residential (DB) Downtown Commercial/ Residential (DB) Zoning Overlay Carroll Creek Overlay (CCO) Airport Overlay Carroll Creek Overlay (CCO) Airport Overlay Brownfields Yes* Yes* SDAT Assessed Value (1/1/14 ) $899,700 for both parcels (6.12 acres) Appraised Value (7/4/12) William S. Wise, Inc.** $1,294,000 for both parcels (6.12 acres) As Is Condition Original Cost (1989) $1.39 million (including land area now part of CCP) No debt currently held by city on this property
*Brownfields Issues: Brownfields Assessment performed on both parcels by Maryland Department of the Environment (MDE) in April, 2003. There is some soil contamination on both sites and Site K is a former quarry which was later operated as a rubble disposal site by the City during which time no records were kept. Site J was used by the Citys Department of Public Works (DPW) as a vehicle parking / storage and material site.
**Appraised Value: Current appraisal is nearly two years old. An appraisal update is underway by William S. Wise, Inc. SITE J SITE K RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
12 View looking west from Highland Street View looking east from E. Patrick St.
SITES J/K STATE TAX ASSESSMENT INFORMATION
RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
13 PREVIOUS DEVELOPMENT RFPs / DEVELOPMENT PLANS
Sites J & K were previously under contract for sale and redevelopment to Clark Realty Capital in a $1.0 million agreement dated November 16, 2005. Clark was also responsible for constructing $0.5 million in Carroll Creek Park improvements (multi-use path, lighting, park furniture etc.) Clark initially proposed 57 townhouses (9.3 dwelling units per acre). This density was rejected by the Carroll Creek Task Force as too low for an urban infill development project with intensive neighboring uses (fairgrounds and electric utility). Clark ultimately requested approval of a 250-unit multi-family apartment project (40 units per acre). The project was in the approval process in late 2007 with the Planning Commission when Clark Realty exercised its withdraw from the contract. Its stated reasons included the changing housing market issues (recession) and design opposition from the Planning Commission (Building A was longer than CCO allows and Clark was seeking a modification which the Planning Commission was unwilling to give) see publically available images below.
Building A Perspective Building B Perspective
Access to the project was from both E. Patrick Street (via Wayside Radio Property) and from Highland Street. RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
14 DEVELOPMENT GUIDANCE There are a number of planning documents which provide guidance as to the desired uses and development format on the east side of Downtown Frederick including the Sites J&K parcels which are the focus of this RFP. Each of these documents is readily available on the Citys website or by request from the City Planning Department or Department of Economic Development.
2010 Comprehensive Plan The City of Frederick 2010 Comprehensive Plan calls for mixed-use development in this area of downtown and along Carroll Creek Park.
Fredericks historic downtown is composed of a vibrant mix of land uses, with blocks and buildings that are appropriately scaled for accessibility by pedestrians and vehicles. The narrow layout of the streets restrains automobile use and speed. The buildings provide unique architectural details and create an interesting environment for walking. The Plan calls for an expansion of those elements within new and existing neighborhoods. The plan further encourages new and infill development projects that utilize efficient site planning principles; compact, mixed-use designs; pedestrian-oriented streets; and architectural features that reflect Fredericks unique identity.
1991 Carroll Creek Park Master Plan
The CCP Master Plan states that the East Patrick Street to Highland Street area provides a great opportunity for increased housing adjacent to the downtown area. Containing some of the largest and least utilized properties along the park, the development of this district will require innovative and creative planning techniques. The establishment of a residential and open space anchor at this end of the park mirroring Baker Park neighborhood on the west, will introduce a more stable and coherent development pattern than the existing land uses in this district. The Carroll Creek Park Master Plan does not promote the removal or relocation of existing businesses, employers, or residents. However, as these properties become available for re-use as new development is proposed, the plan will act as the guide for the final land use designations.
RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
15 Small Area Plans East Frederick is a 700 (+/-) acre area located on the east side of Downtown Frederick which is called out in the Comprehensive Plan for a Small Area Plan. The City Planning Department is moving forward in 2014 with the stakeholder meetings and preparation of a small area plan.
East Frederick Rising
East Frederick Rising is a volunteer led organization which has established a vision for A revitalized east end of the city that is a vibrant, safe and diverse place where residential and commercial opportunities flourish and expand in accordance with smart growth principles. The Vision has been set forth in a Vision Plan (2010) which was approved by the Planning Commission and Mayor and Board of Aldermen as a planning guidance document.
The Plan establishes four principles: 1) Regional Hub For Economic Growth, 2) Creation of Place, 3) Infrastructure and Investment, and 4) Livable Streets.
Land Management Code (LMC): Zoning
Sites J & K are zoned Downtown Commercial/Residential (DB) which allows for mixed-use development and can include residential, office, and commercial/retail. The City averages approximately 40 dwelling units per acre in Downtown Frederick. DB zoning allows a maximum of 75 dwelling units per acre.
Additionally, the sites fall under the Carroll Creek Overlay District (CCOD Section 420) which establishes design standards to guide the new construction and rehabilitation of buildings, streetscapes, and creekscapes along Carroll Creek Park. It addresses key issues such as massing (and length) of buildings along the park, and public access points to the park. RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
16 DEVELOPMENT OBJECTIVES: PUBLIC AND PRIVATE
The following is a description of the public and private development objectives established by the City of Frederick for Sites J & K:
Public Development Objectives
This site is adjacent to Carroll Creek Park and the successful proposal shall be required to fully develop the park along the Site J frontage to include:
Required Public Facilities (to be designed by the developer in accordance with all City standards, linear park plans, and to be reviewed and approved as part of the overall site plan) o 10 foot wide concrete and brick, multi-use (pedestrian/bike) path o Adequate Park Lighting using city approved lighting fixtures and lighting standards o Creek wall stone facia repair/upgrade as needed and wall cap stones o Minimum of two public water drinking fountain (one with pet drinking accessory) o Landscaping and plantings o Park furniture benches, trash cans, dog waste disposal dispensers, and other similar public amenities as per City specifications o Access across Carroll Creek via a bridge to Potomac Edison site - midway along Site J o Water feature fountains and/or interactive water feature (cooling area) for park users. This could be in the form of Public Art o Proportionate cost of the design, installation and construction of transportation improvements in the vicinity of the property based on the vehicle trips generated from the development of the site (to be calculated during the site plan process). This may include traffic signals or roadway lane improvements if necessary o Access connection point with the Frederick Fairgrounds (if the Frederick Fair is agreeable to the concept)
Park Improvements: Multi-Use Path Lighting Landscaping Planting Park Furniture Interactive Fountain Bridge Potomac Edison RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
17 Private Development Objectives
It is anticipated that the development teams will evaluate the market for and construct a residential and/or mixed-use project as an anchor on the east end of Carroll Creek Park and Downtown be a catalyst for neighborhood revitalization. Project goals include but are not limited to:
Implement the planning visions set forth in by the Citys Comprehensive Plan, East Frederick Rising Vision Plan, and Carroll Creek Park Master Plan. Construct a highly aesthetic, quality residential and/or mixed-use project which is harmonious with Carroll Creek Park, Downtown Frederick and East Frederick. Construct the Public Development Objectives (previous page) including the Carroll Creek Park and Shared Use Path improvements between East Patrick and Highland Streets to connect the park/path system to the west into Downtown Frederick and to the east to the Renn Farm. Be a catalyst for area-wide development including infill and redevelopment by incorporating one or more of the adjacent privately owned parcels into the development (see the list of opportunities on the following page). Increase property tax base and develop lasting revenue stream for the community. Create mixed-income housing opportunities Create jobs (both temporary construction jobs and permanent jobs) Increase pedestrian traffic on sidewalks and along Carroll Creek Park to increase community vibrancy, safety, and market strength of Downtown Frederick. Increase recreational activity and opportunities for the community. Develop using certified sustainable/energy efficient construction materials and methods (LEED).
Priority will be given to the proposals which achieve these private development objectives and which maximize lasting social and physical value for the community. If the potential Proposer intends to reposition adjacent properties or privately owned parcels near Sites J & K, the developer must submit a letter of intent from the property owner stating they are agreeable to participating in a development project with the proposer. A signed and dated letter of intent must be included with the proposal and state if there is a deadline when the letter of intent expires. If adjacent properties are included in development proposal, the developer agrees to develop properties within 36 months of closing a purchase agreement with the City.
Important Note: The RFP Selection Process shall not be construed to confer any design approvals on the successful proposal. The successful proposal must submit for development review as required by the Land Management Code (LMC) and that process may require design changes to meet all applicable codes, regulations, and guidelines.
RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
18 Adjacent Development Opportunities
During the May 14, 2014 Mayor & Board workshop discussion concerning property dispositions, aldermanic guidance for Sites J & K encouraged the pursuit of area-wide revitalization and development, including the adjacent development opportunites idenitified below. In order to encourage area-wide development, revitalization, infill development, redevelopment, and adaptive re-use of properties in the vicinity of Sites J & K, the City encourages respondent development teams to consider one or more of the following adjacent privately owned properties to be included in the development proposal. Additional points will be given in the evaluation of development proposals which can show area-wide development and revitalization in accordance with the planning guidance documents identified herein.
# Property Name Size (Ac) Zoning SDAT Value (1/1/14) Contact 1 Potomac Edison Properties 421 E. Patrick Street 10.4 AC M1 CCO unknown David Kline, Manager of Local Affairs - Potomac Edison dkline@alleghenypower.com (301) 491-9100 2 Goodwill Industries of Monocacy Valley 400 E. Church Street 2.67 AC DB $3.0 M Dan Kurtenbach, Pres/CEO Goodwill Industries MV dkurtenbach@gimv.org (301) 662-0622 x201 3 Frederick Business Properties 502, 510 Highland Street 5.53 AC M1 CCO AO $3.05 M Mike Kelly, President Frederick Business Properties mkelly823@aol.com (301) 694-0277 4 Wayside/Young Properties 423 East Patrick Street 2.36 AC DB/M1 AO $1.03 M Frank R. Young P.O. Box 807, Frederick, MD 21705 5 Renn Farm 1317 Hughes Ford Road 220 AC M1 Agriculture Beattie Renn 1317 Hughes Ford Road, Frederick
Note: It is the sole responsibility of the respondent development teams to contact and negotiate for control of any property other than the city-owned properties (Sites J/K). The City assumes no responsibility for contacting, negotiating, or financing the acquistion or development of any of these private properties. 1 2 3 4 5 RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
19
FINANCIAL STRUCTURE & TERMS
The City is seeking a qualified, financially capable developer to close on the property within 60 days of the execution of a purchase agreement with the City. The City further requires development of the public park and private improvements commence within 36 months of closing. All proposals must include a Terms Sheet specifying the proposed purchase price, proposed closing date, and development performance schedule. Proposals must include detailed cost estimates breaking out each component of the project particularly the public park portions of the project specified in the previous section. Upon completion, the City will own the public park facilities and will maintain them at City expense.
SCOPE OF WORK
Once selected and approved by the Mayor and Board of Aldermen, the successful respondent developer shall be responsible for the following project components at a minimum:
1. Consult with the selection committee/city officials to refine detailed project goals and scope of work, establish project time schedule, communication network, contacts persons.
2. Enter into a property purchase agreement and close within 60 days of execution.
3. Inventory and conduct an evaluation of the existing land uses and structures on and adjacent to the site and identify urban design issues.
4. Assess public infrastructure to accommodate development/redevelopment strategies (i.e. parking, traffic circulation, water and sewer capacity, stormwater management, flood control, sidewalks, and park facilities).
5. Prepare a final design and all necessary plans/applications as required by The City of Frederick.
6. Obtain all required approvals including those from The City of Frederick, Planning Commission (PC), Zoning Board of Appeals (ZBA) and Board of Aldermen.
7. Pull permits and commence construction of the approved public and private facilities within 36 months of closing. Construction of all remaining phases shall be completed no later than the sixth anniversary of the closing, subject to extension as a result of governmental delays in the allocation of public facilities.
The developer shall be responsible for completing the work using professionally sound and accepted methods and approaches. The City of Frederick Economic Development, Planning and Engineering Departments will provide information limited to the provision of readily available reports, publications, and data pertinent to the projects. The developer shall be ultimately responsible for assembling all information from all sources, preparing maps and other visual aids.
RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
20 III. PROPOSAL REQUIREMENTS/SELECTION CRITERIA
GENERAL SUBMITTAL INFORMATION
All proposals must be received by the date and time specified. Under no circumstances shall proposals delivered after the time specified be considered. It is the sole responsibility of the Proposer to ensure that the proposal reach the Purchasing Department located at 111 Airport Drive, Frederick MD on or before the closing date and time. The City shall in no way be responsible for delays caused by any occurrence. Responses by telephone, e-mail, telegram or facsimile shall not be accepted.
All information required by the Request for Proposals must be supplied to constitute a regular, complete submittal
Within 90 days of the RFP closing, City staff will schedule a date with the Mayor and Board of Aldermen for acceptance and final award, one of the responses to this solicitation, or reject all.
SUBMISSION REQUIREMENTS
Consistent with the criteria outlined, each respondent will be required to provide the following exhibits or materials as part of the proposal package. The materials fall under four (4) categories: narratives, company overview, graphics and financials. The list should be considered the absolute minimum acceptable to the City. These items must accompany the proposed price, and deposits described herein. These items should be assembled, bound, or clearly identified in the order indicated to facilitate comparisons and reviews among the proposals. Graphics should be presented in 11 X 17 format if possible.
Number of Copies 1 digital copy of the Proposal (Adobe PDF format/CD) 1 original copy of the Proposal (in notebooks) 5 copies of the Proposal (bound)
Narratives
1. A Proposal Submittal Signature Form must be signed by an authorized representative of the developer on the form attached.
2. An Executive Summary amplifying major elements of the proposal and how the proposal will implement the vision outlined in the RFP.
3. Provide a comprehensive proposal detailing your development objectives of the site. The development scheme shall include at a minimum the following:
a) Detailed written description of the project including a matrix with the proposed uses by square footage and by floor. This matrix should clearly differentiate the public and private portions of the project. RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
21 b) A scaled site plan showing the location and size of building footprints, roads and access points, parking, open space, Carroll Creek Park improvements, Share Use Path, pedestrian accommodations/sidewalks, etc.. The site plan should fit on not larger than 11x17 paper.
c) Scaled elevation renderings of proposed buildings in context of the surrounding properties. Renderings should include building heights/number of stories and proposed building materials. Renderings should fit on not larger than 11x17 paper.
d) Detailed cost estimate of the project 4. Provide a park maintenance plan with an operations cost estimate to maintain the proposed extension of Carroll Creek Park. The preferred method being a low-cost, environmentally friendly park maintenance plan with low life-cycle expenses.
Developer Team Overview
1. Overview of the firms making up the development team including information on each firms role and responsibilities. 2. Provide resumes of the individuals and the project manager assigned to the project along with their responsibilities. 3. Detailed description of any additional entities the proposer intends to involve, including the nature of the relationship and legal arrangements between the entities and proposer. 4. Overview of past experience that demonstrates the developers ability to complete projects of similar scope including the last three (3) similar projects substantially completed; a detailed description of mixed-use or public/private experience and include the local public sector contact that is most familiar with the projects listed.
Project Timeframe and Financials
1. Estimated timetable for development with start and finish dates for each element of the project. The timetable should address the complete development process with performance dates identified for final due diligence, closing, design/development, provision of key infrastructure, construction of vertical elements, and other significant phases or decision points expected over the term of the project. 2. Estimated development budget for each component and/or phases addressing site preparation, vertical construction costs, major fees, soft costs and other major cost items. 3. Five Year Pro-forma that includes income and expenses, corresponding Net Operating Income, debt service, and net cash flow before taxes. 4. A comprehensive financial plan for the project showing all sources and uses of funds, identifying debt and equity available to this developer and this project. 5. An analysis of the various taxes, fees, assessments or other fiscal benefits that will accrue to the City, County and State if the project is developed. Estimated stabilized project value including estimated assessed value and projected local and state tax revenue. Estimated number of construction jobs to be generated and full-time jobs and payroll to be created. RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
22 6. Identification of proposed responsibilities of the City and the developer for the finance, design, development, construction and operation of each component. 7. Detailed description of other considerations that may be a factor in establishing the proposed purchase price (see the PURCHASE PRICE AND DEPOSITS section herein). 8. Detailed discussion or description of assumptions that underlie all the above financial information or analysis, including in particular any market or developer generated studies that support the program 9. Detailed description of the approach or methods used to warrant or guarantee adherence to the timetable or schedule described above. Note: The proposals and component parts thereof may be the basis for certain exhibits to a purchase agreement and in any zoning or actual site development approvals.
Developers Organization
Describe each of the various representatives of the developer who will be involved with this project and include the representative's contact, address and phone number and a brief profile. Indicate the name, phone number and title of the person(s) designated as having authority to officially represent the developer. During negotiations and prior to final execution of a redevelopment agreement, the developer shall promptly provide the form of the developer's organization (i.e., proprietorship, corporation, limited partnership, joint venture), including the following:
If incorporated, state the date of incorporation, and the State and Federal ID number. If you are required to file periodic reports with the Federal Securities and Exchange Commission (SEC) under Section 13 of the Securities and Exchange Act of 1934, please attach the most recent report. If not, list the names, addresses, titles and the extent of interest of the officers, directors or trustees and each stockholder owning more than 10% of any class of stock.
If a partnership, please list the name of the partnership. List the name and address of each partner, whether a general or limited partner, and the percent of interest or a description of the character and extent of interest. If a business association or joint venture, please list the names, addresses, form of organization, and either the percent of interest or a description of the character and extent of interest.
If a new development entity is to be formed to implement the project, describe it in sufficient detail such that the role of each participant is clearly understood. This entity must be identified in the proposal and promptly created prior to negotiating and finalizing any redevelopment agreement.
List the names, addresses, officers and directors of any participating person or firm that has a financial or investment interest in the outcome of this proposal.
RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
23 Financial Condition of Respondents
1. Provide recent (2013) financial statements for each entity that is identified in the proposal firm on the team as assuming financial responsibility for the project. Place such documents in a separate sealed envelope marked RFP XXX - Financial Statements Confidential [Team Name]. Those documents will be held in confidence and shall not be made public. Provide a financial statement from that will be participating in this redevelopment initiative.
2. Each Proposer should provide a minimum of two bank/financial institution references. Please specifically authorize us to contact these references by executing the required submission form titled Credit Reference Authorization.
Litigation or Default
Specify in a separate exhibit all projects for which the developer may have defaulted or is involved in litigation.
SELECTION CRITERIA
The selection team, utilizing information submitted, information from calls to references, all other information known by the selection committee, and oral presentation/interviews if desired, shall score the proposals and make a recommendation of award based on the following criteria and process.
Evaluation Criteria # Criteria Maximum Possible Score 1 Development Scheme Implementation of Comprehensive Plan and EFR Vision Carroll Creek Park Improvements Design & Maintenance Plan/Cost Sustainable Green Design Sensitivity to CCO design, height, massing, etc. Work Plan & Schedule Proposed Residential Density (<10 units/ac 1 pt., 11-30 units/ac 3 pts., 31-39 units/ac 4 pts., 40 units/ac or greater 5 pts.) 50 15 10 5 10 5 5 2 Catalyst For Area Wide Development/Redevelopment/Revitalization Incorporation of adjacent parcel(s): .75 points per acre (ppa) up to a total of 10 pts). Example: Securing 9 ac of additional land will generate .75 ppa x 9.0 ac = 6.75 pts. Adjacent parcel redevelopment value (type of units, # of units, estimated $ value of improvements) 20 .75ppa (10)
10 3 Economic Impact Construction Jobs Permanent Full-Time Jobs Stabilized Project Value - Local Tax Revenue Generation Purchase Price 10 2.5 2.5 2.5 2.5 4 Capacity of the Development Team Financial Capacity Successful Past Experience 20 10 10
Maximum Total Score Possible 100 RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
24
Following the review and scoring, a single developer team will be selected. The developer and the City will enter into a standard City Purchase Agreement incorporating the terms and conditions of this RFP document and the response of the successful developer.
SELECTION TEAM
The selection team shall be composed of the following City staff:
Executive Assistant to the Mayor Director of Public Works Director of Economic Development Deputy Director of Planning City Engineer
IV. GENERAL CONDITIONS
The following general conditions will appear in a final Purchase Agreement.
Legal Requirements All Proposals and Agreements shall be governed by, interpreted and enforced in accordance with the laws of the State of Maryland. Lack of knowledge by the Proposer will in no way be cause for relief from responsibility.
Liability, Insurance, Licenses and Permits Where Proposers are required to enter City of Frederick property to deliver materials or perform work or service as a result of a proposal award, the successful Proposer will assume the full duty, obligation and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Frederick County and City building requirements and State of Maryland Building Code. The Proposer shall be liable for any damages of loss to the City occasioned by negligence of the Proposer (or agent) or any person the Proposer has designated in the completion of the Agreement as a result of his or her bid.
Laws, Permits and Regulations The Proposer shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all Laws, ordinances, regulations and building code requirements applicable to the work contemplated herein.
Assignment The proposer shall not assign, transfer, convey, sublet or otherwise dispose of this agreement, including any or all of its right, title or interest therein, or his or its power to execute such Agreement to any person, company or corporation without prior written consent of the City.
Clarification and Addenda To Specifications If any persons contemplating submission of a Proposal under this Solicitation is in doubt as to the true meaning of the specifications of other documents or any part thereof, the Proposer must RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
25 submit to The City of Frederick Purchasing Manager in writing at once, but in no case later than 3:00 PM on Monday, July 15, 2014.
Any interpretations of this RFP, if made, will be made only by Addendum duly issued by The City of Frederick Purchasing Manager. The City shall issue an Informational Addendum if substantial changes, which impact the technical submission of Proposals, are required. A copy of such Addendum will be emailed, mailed or faxed to each prospective Proposer receiving the Solicitation. In the event of conflict with the original Documents, the Addendum shall govern all other Agreement documents to the extent specified. Subsequent Addendum's shall govern over prior addenda only to the extent specified.
The Proposer shall be required to acknowledge receipt of the Informational Addendum by signing the Addendum and including it with their submitted Proposal. Failure of a Proposer to include a signed Informational Addendum in the submitted Proposal shall deem the Proposal non-responsive provided, however, that the City may waive this requirement in its best interest. The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other city representative.
Termination For Default A Sale Agreement will result from award of this RFP. If the Proposer defaults in its performance under the Agreement and does not cure the default within 30 days after written notice of default, the Mayor and Board of Aldermen may terminate the Agreement, in whole or in part, upon written notice without penalty to the City. In such event the Proposer shall be liable for damages including the excess cost of procuring similar supplies, services, etc.: provided that, (1) it is determined for any reason that the Proposer was not in default (2) the Proposers failure to perform is without his or his control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City.
Termination for Convenience The Mayor and Board of Aldermen may terminate this Agreement, in whole or in part, upon 30 days prior written notice when it is in the best interest of The City of Frederick.
Governing Law And Venue The laws of the State of Maryland shall govern the validity and effect of this Agreement. The parties agree that any action, arising out of this Agreement, shall take place in Frederick County, Maryland.
Attorneys Fees In connection with any legal action arising out of this Agreement, the prevailing party shall be entitled to recover costs and reasonable attorneys fees through and including appellate litigation and any post-judgment proceedings.
Other Fees and Costs All permits fees, utilities fees and other costs associated with the development of the property will be the responsibility of the successful Proposer.
No Partnership Or Joint Venture Nothing contained in this Agreement will be deemed or construed to create a partnership or joint venture between the City and Proposer, or to create any other relationship between the parties.
RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
26
Partial Invalidity If any provision of this Agreement or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Agreement or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Agreement shall be valid and enforced to the fullest extent permitted by law.
Provisions Submitting a Proposal Except as otherwise expressly provided in this Agreement, all covenants, conditions and provisions of this Agreement shall be binding upon and shall insure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.
Headings and Terms The headings to the various paragraphs of this Agreement have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof.
Entire Agreement The Agreement consists of this City of Frederick Request for Proposals and specifically this Section, Proposers Response and any written agreement entered into by the City and Proposer, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Proposal and/or Response, the Agreement, Request for Proposal and then the Response shall control. This Agreement may be modified only by a written Amendment to Agreement signed by the City and Proposer.
Protests "Interested party, means an actual or prospective Proposer, or offeror that may be aggrieved by the solicitation or award of an Agreement, or by the protest. Protestor means any actual or prospective Proposer or offeror who is aggrieved in connection with the solicitation or the award of an Agreement and who files the protest. Any interested party may protest against the award or the proposed award of an Agreement for supplies, services, or construction. The protest shall be in writing and addressed to the Purchasing Manager. A protest based upon alleged improprieties in a solicitation which are apparent before bid opening or the closing date and time for the receipt of initial proposals shall be filed before bid opening or the closing date and time for the receipt of the bid, respectively. In all other cases, bid protests shall be filed not later than seven days after the basis for the protest is known or should have been known, whichever is earlier. The term filed means receipt by the Purchasing Department. Any protest filed after the time limits prescribed above shall not be considered.
A. The written protest shall include as a minimum the following:
1. The name and address of the protestor; 2. Appropriate identification of the procurement, and, if an Agreement has been awarded, its number, if known; 3. A statement of reasons for the protest; and RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
27 4. Supporting exhibits, evidence, or documents to substantiate the reasons for the protest unless not available within the filing time, in which case the expected availability date shall be indicated.
The Purchasing Manager shall submit a copy of the protest to the City Attorney upon receipt of the protest.
B. Any additional information requested of the Protestor by the Purchasing Manager shall be submitted within five days after receipt of notification in order to expedite consideration of the protest. Failure to comply with a request for information by the Purchasing Manager may result in a resolution of the protest without consideration of any information which is untimely filed pursuant to such request.
Upon written request, the Purchasing Manager shall make available to any interested party information submitted that bears on the substance of the protest except when information is confidential or otherwise permitted or required to be withheld by law or regulation. Persons who wish to keep information submitted by them confidential shall so request by specifically identifying the information within documents submitted, and indicating on the front page of each document that it contains information not subject to disclosure.
The Purchasing Manager, in consultation with the City Attorney, shall make a recommendation regarding the protest as expeditiously as possible after receiving all relevant requested information. The Purchasing Manager shall forward his recommendation to the Finance Director.
The Finance Director, after reviewing the Purchasing Managers recommendation and consulting with the City Attorney, shall issue a written decision on the protest. The Finance Directors decision shall be sent to the protester and the department head of the City agency originating the bid.
C. Should the department head of the City agency originating the bid or the protestor disagree with the Finance Directors decision, they may appeal the Finance Directors decision to the Mayor and Board of Aldermen within seven days after receipt of the decision. All information used to support the protest and the decision of the Purchasing Agent shall be made available to the Mayor and Board of Aldermen.
The Mayor and Board of Aldermen shall issue a written decision on the protest. This decision shall be deemed the final action on the protest.
RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
28 PROPOSAL SUBMITTAL/ SIGNATURE FORM
The undersigned attests to his/her authority to submit this proposal for the purchase of Sites J & K for the total amount of $ __________________and to bind the firm herein named to perform as per contract, if the firm is selected by The City of Frederick, Maryland (City). The undersigned further certifies that he/she has read the Request for Proposal, Terms and Conditions, and any other documentation relating to this request, has complied in all respects with all conditions of this proposal and has submitted with full knowledge and understanding of the requirements and time constraints noted herein.
The undersigned hereby further acknowledges and accepts the terms of Request for Proposals #13- C in its entirety and by the submission of its proposal, hereby waives any claims or claims to irregularities that arise out of such RFP, the process employed by the City to solicit and develop proposals, the RFP evaluation process described in the RFP, and agrees to release and hold harmless the City, its employees, agents and consultants from any claim, loss or damage arising therefrom.
As Addenda are considered binding as if contained in the original specifications, it is critical that the Consultant acknowledge receipt of same. The submittal may be considered void if receipt of an addendum is not acknowledged.
_________________________________________________________________________________ Firm Name
_________________________________________________________________________________ Home Office Address
_________________________________________________________________________________ City, State, Zip
_________________________________________________________________________________ Address: Office Servicing Frederick, other than above
_________________________________________________________________________________ Name/Title of your Frederick Rep Telephone Fax E-Mail
_________________________________________________________________________________ Signature Date RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
29 ANTI-COLLUSION STATEMENT
By signing this form, the Proposer agrees that this proposal is made without any other understanding, agreement, or connection with any person corporation, or firm submitting a proposal for the same purpose and that the proposal is in all respect fair and without collusion or fraud.
SIGN in ink in the space provided below. Unsigned proposal will be considered incomplete, and will be disqualified, and rejected.
IT IS AGREED BY THE UNDERSIGNED PROPOSER THAT THE SIGNING AND DELIVERY OF THE PROPOSAL REPRESENTS THE PROPOSERS ACCEPTANCE OF THE TERMS AND CONDITIONS OF THE FOREGOING SPECIFICATIONS, CONTRACT AND PROVISIONS, AND IF AWARDED, THIS CONTRACT WILL REPRESENT THE AGREEMENT BETWEEN THE PROPOSER AND THE CITY OF FREDERICK.
NAME OF FIRM:
SIGNED BY: (MUST BE SIGNED BY A COMPANY OFFICER OR AUTHORIZED AGENT)
TITLE:
ADDRESS:
CITY:______________________________ STATE:_________________ ZIP CODE:_______
TELEPHONE:
COMPLETION TIME:
No proposal may be withdrawn for a period of 120 days subsequent to the submittal of the proposal without the consent of The City of Frederick.
Acknowledgement of receipt of Addendum number: 1 2 3 4 5 6 7 8 9 10
NO PROPOSAL (REASON) ______________________________________________________________________________ ______________________________________________________________________________ RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
30 PROPOSERS CERTIFICATION
I have carefully examined the Request for Proposals for Disposition of Sites J & K and any other documents accompanying or made a part of this Request for Proposals.
I hereby propose to furnish the goods or services specified in the Request for Proposal. I agree that my proposal will remain firm for a period of up to 120 days in order to allow the City adequate time to evaluate the qualifications submitted.
I verify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the Agreement.
I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a proposal for the same product or service: no officer, employee or agent of the City or any other Proposer is interested in said proposal: and that the undersigned executed this Proposers Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.
NAME OF BUSINESS
BY:
SIGNATURE
NAME & TITLE, TYPED OR PRINTED
MAILING ADDRESS
CITY, STATE, ZIP CODE
( ) TELEPHONE NUMBER
Sworn to and subscribed before me this day of , 2014
Notary Public
State of
My Commission Expires:
RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
31 STATEMENT OF NON-SUBMITTAL If you do not intend to submit a proposal on this service, please return this form to the above address immediately or fax to 301-600-3871. If this statement is not completed and returned, your company may be deleted from The City of Frederick Consultants' list for this service.
We, the undersigned, have declined to submit a proposal on the requested service RFP #
______________ - SALE & DISPOSITION OF REAL PROPERTY, for the following reason(s):
1. Insufficient time to respond to the Request for Proposal. ___
2. We do not offer this service. ___
3. Our schedule would not permit us to perform. ___
4. Unable to meet bond/insurance requirements. ___
5. Unable to meet proposal specifications. ___
6. Specifications are unclear (explain below). ___
7. Remove us from your vendors' list for this service. ___
8. Other (specify below). _________________________________________________________________________________ _________________________________________________________________________________ _________________________________________________________________________________
Date: _______________________________________________________________ NOTE: Statement of No Submittal may be faxed in to the Purchasing Department (301-600-3871). RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
32 LOCAL VENDOR PREFERENCE QUALIFICATIONS
Pursuant to The City of Frederick Purchasing Rules and Regulation Section II, Subsection B, Paragraph 9, Subparagraph (b), a preference credit of 10%, up to a value of $2,999.99, shall be granted to a City of Frederick Business and a preference credit of 5%, up to a value of $1,499.99 shall be granted to a State of Maryland Business when evaluating any competitive solicitation. In order to qualify for this preference, a vendor must meet all of the following criteria:
A. "City Business" means a business entity that (i) For at least one year immediately preceding the issuance of the relevant request for quotes or formal solicitation, has its headquarters, a manufacturing facility, a locally-owned franchise, or an operating branch physically located within the City; (ii) For the most recent tax year, has paid any business tax or real property tax due to the City; and (iii) Will use only subcontractors who meet the criteria of (i) and (ii).
B. "State Business" means a business entity that (i) For at least one year immediately preceding the issuance of the relevant request for quotes or formal solicitation, has its headquarters, a manufacturing facility, a locally-owned franchise, or an operating branch physically located within the State of Maryland; (ii) For the most recent tax year, has paid any business tax or real property tax due to a political subdivision of the State of Maryland; and (iii) Will use only subcontractors who meet the criteria of (i) and (ii).
Vendors claiming local or state preference for any Bid, Price Quote or RFP must submit an Affidavit of Eligibility (see next page) with their bid, quote response or proposal. Submit completed affidavits via mail or fax to the following location:
City of Frederick Procurement 111 Airport Drive East Frederick, Maryland 21701 Fax: 301-600-3871
For questions or assistance relating to the Citys Local preference policy call us at 301-600-1194. RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
33 LOCAL VENDOR PREFERENCE AFFIDAVIT OF ELIGIBILITY Page 1 of 2 This form is to be completed in its entirety by the prime vendor and submitted along with your Bid, Quote or Proposal. Incomplete forms will be rejected for preference evaluation. In addition each vendor shall submit on the form provided below the name(s) of major subcontractors the vendor proposes to employ. A major subcontractor is defined as a subcontractor whose subcontract constitutes approximately five (5) percent or more of the total contract price. In order for a vendor to be considered for local preference points all major subcontractors must also qualify. Please fill out a form for each major subcontractor the vendor proposes to employ. Copy this form if additional forms are required and attach as submittals to Proposal. Incomplete forms will be rejected for preference evaluation.
1. LEGAL NAME OF FIRM: ____________________________________________
2. Year your business was established in City of Frederick: ___________________________
Year your business was established in State of Maryland ___________________________
3. Does your business have more than one office in the State of Maryland?
Yes _____ No _____
If Yes, specify the office locations _____________________________________________
4. Was the local business required to pay business and or real property tax for the most recent tax year? Yes _____ No _____
If, Yes did the local business pay any of this tax to Frederick City?
Yes _____ No _____ RFP #15-E Disposition of Sites J&K, Frederick, Maryland Due Thursday, July 25, 2014 by 3:00 p.m.
34 LOCAL VENDOR PREFERENCE AFFIDAVIT OF ELIGIBILITY Page 2 of 2
Under penalty of perjury, the undersigned states that the forgoing statements are true and correct. The undersigned also acknowledges that any person, firm, corporation or entity intentionally submitting false information to the City of Frederick in an attempt to qualify for a local preference shall be prohibited from bidding on City of Frederick products and services for a period of one (1) year.
Printed Name & Title: ____________________________________ Phone_____________
On this ___________ day of _______________, 20___, before me personally came and appeared to me known, who, being by me duly sworn, did depose and say that he/she resides at ; and that he/she is the of the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation, that one of the seals affixed to said instrument is such seal; that it was so affixed by order of the directors of said corporation, and that he/she signed his name thereto by like order. Notary Public ___________________________