RFP 15-E Disposition of Sites J&K

REQUEST FOR PROPOSALS
Disposition of Sites J&K Property

Frederick, Maryland
RFP # 15-E

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.

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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 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


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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 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

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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 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.


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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: 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.


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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 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.

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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 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

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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 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

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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 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

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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 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.

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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 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.


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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 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.

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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 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

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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 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.


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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 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

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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 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.


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.

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.

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.


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

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

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.


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

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.


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.

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

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)
______________________________________________________________________________
______________________________________________________________________________

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:


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).
_________________________________________________________________________________
_________________________________________________________________________________
_________________________________________________________________________________

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).

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.

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: ____________________________________________

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 _____

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.

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:

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