rfp 15-e disposition of sites j&k

8/12/2019 RFP 15-E Disposition of Sites J&K

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RFP #15-E Disposition of Sites J&K, Frederick, Maryland

Due Thursday, July 25, 2014 by 3:00 p.m.

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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


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TABLE OF CONTENTS

I. Notice To Proposers 4Authority to Distribute RFP Packages 4Notice 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

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II. Project & Site Description, Development Objectives, Scope 9General Intent 9

Site Description 9

Site Details 11

Sites J/K State Tax Assessment Information 12

Previous Development RFP / Development Plans 13Development Guidance 14

Development Objectives: Public and Private 16

Adjacent Development Opportunities 18

Financial Structure & Terms/Scope of Work 19

III. Proposal Requirements/Selection Criteria 20General Submittal Information 20

Submittal Requirements 20

Selection Criteria 23

Selection Team 24

IV. General Conditions 24Legal 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 26Protests 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


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I. NOTICE TO PROPOSERS

AUTHORITY TO DISTRIBUTE RFP PACKAGES:

The City of Frederick Purchasing Office (and website, if applicable) is the sole entity authorized toprovide 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

[email protected] 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
mailto:[email protected]:[email protected]://www.cityoffrederick.com/index.aspx?nid=251http://www.cityoffrederick.com/index.aspx?nid=251http://www.cityoffrederick.com/index.aspx?nid=251mailto:[email protected]


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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 [email protected] 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: [email protected].

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 [email protected].

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. Individualsrequiring special accommodations are requested to contact Kandi Fullerton at 301-600-6906 or by

email to [email protected] 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.
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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.


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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:[email protected],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 apurchase 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 bodyof 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.
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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 theproperty 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.


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II. PROJECT & SITE DESCRIPTION, DEVELOPMENT OBJECTIVES

GENERAL INTENT

The City of Frederick through this RFP seeks a highly qualified and creative development team topurchase 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 tothe 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

DevelopmentSite Location

DB


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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 constructadditional 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

110000YYeeaarr

FFllooooddppllaaiinn


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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 IsConditionOriginal 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


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View looking west from Highland Street View looking east from E. Patrick St.

SITES J/K STATE TAX ASSESSMENT INFORMATION


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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 ultimatelyrequested 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.


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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 byrequest

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 EastPatrick 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 amore 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.


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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 stakeholdermeetings 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 amaximum of 75 dwelling units per

acre.

Additionally, the sites fall under the

Carroll Creek Overlay District (CCODSection 420) whichestablishes design standards to guide thenew 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.


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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 Citystandards, 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) patho Adequate Park Lighting using city approved lighting fixtures and lighting standardso Creek wall stone facia repair/upgrade as needed and wall cap stoneso Minimum of two public water drinking fountain (one with pet drinking accessory)o Landscaping and plantingso Park furniturebenches, 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 Jo 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 transportationimprovements 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 tothe concept)

Park Improvements: Multi-Use Path Lighting Landscaping Planting Park Furniture Interactive Fountain Bridge

Potomac

Edison


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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 FrederickRising Vision Plan, and Carroll Creek Park Master Plan.

Construct a highly aesthetic, quality residential and/or mixed-use project which isharmonious with Carroll Creek Park, Downtown Frederick and East Frederick.

Construct the Public Development Objectives (previous page) including the Carroll CreekPark 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 byincorporating 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.


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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 adaptivere-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

[email protected]

(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

[email protected]

(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

[email protected]

(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
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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 proposalsmust include a Terms Sheet specifying the proposed purchase price, proposed closing date, and

development performance schedule. Proposals must include detailed cost estimatesbreaking out

each component of the projectparticularly 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 ofwork, 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 36months 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.


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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 theProposer 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 thedeveloper on the form attached.

2. An Executive Summary amplifying major elements of the proposal and how the proposal willimplement the vision outlined in the RFP.

3. Provide a comprehensive proposal detailing your development objectives of the site. Thedevelopment scheme shall include at a minimum the following:

a) Detailed written description of the project including a matrix with the proposed uses bysquare footage and by floor. This matrix should clearly differentiate the public and private

portions of the project.


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b) A scaled site plan showing the location and size of building footprints, roads and accesspoints, 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 buildingmaterials. Renderings should fit on not larger than 11x17 paper.

d) Detailed cost estimate of the project4. 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 firm srole and responsibilities.

2. Provide resumes of the individuals and the project manager assigned to the project along withtheir responsibilities.

3. Detailed description of any additional entities the proposer intends to involve, including thenature of the relationship and legal arrangements between the entities and proposer.

4. Overview of past experience that demonstrates the developers ability to complete projects ofsimilar 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 theproject. 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, identifyingdebt 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 theCity, 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.


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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 proposedpurchase price (see the PURCHASE PRICE AND DEPOSITS section herein).

8.

Detailed discussion or description of assumptions that underlie all the above financialinformation 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 tothe 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 projectand 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 afinancial or investment interest in the outcome of this proposal.


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Financial Condition of Respondents

1. Provide recent (2013) financial statements for each entity that is identified in the proposalfirm on the team as assuming financial responsibility for the project. Place such documents

in a separate sealed envelope marked RFP XXX - Financial StatementsConfidential [Team

Name]. Those documents will be held in confidence and shall not be made public. Providea 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 CCOdesign, height, massing, etc. Work Plan & Schedule Proposed Residential Density (


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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


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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 suchAddendum 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 Proposer s 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 ConvenienceThe 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.


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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 beaffected 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 filedmeans 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


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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 departmenthead 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.


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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 anyother 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.

Addendum No.___ Dated___, Addendum No.___ Dated ___

Type of Organization (please check one):

INDIVIDUAL ( )

PARTNERSHIP ( )

CORPORATION( )

JOINT VENTURE ( )

LLC ( )

_________________________________________________________________________________

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


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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)

____________________________________________________________________________________________________________________________________________________________


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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 thatmy 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:


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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).

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Remarks:

_________________________________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

Company name: _______________________________________________________________

Signature: _____________________________________________________________________

Telephone/Fax, E-mail:__________________________________________________________

Date: _______________________________________________________________

NOTE: Statement of No Submittal may be faxed in to the Purchasing Department (301-600-3871).


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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. Inorder 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 21701Fax: 301-600-3871

For questions or assistance relating to the Citys Local preference policy call us at 301-600-1194.


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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: ____________________________________________

Mailing Address: Physical Address (if different):__________________________________ ________________________________

__________________________________ ________________________________

__________________________________ ________________________________

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 _____


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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.

Authorized Signature: ____________________________________ Date: _____________

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 ___________________________

My Commission Expires: