REQUEST FOR PROPOSALS 612 N. HOWARD STREET BALTIMORE, MARYLAND 21201
Issue Date: March 10, 2015 Proposals Due: 12:00 noon (EST) Tuesday, April 14, 2015
William H. Cole, President & CEO
The RFP is available on the BDC web Site at www.baltimoredevelopment.com.
Baltimore Development Corporation 612 North Howard Street - Request for Proposals Issue Date: March 10, 2015
Table of Contents
Introduction ……………………………………………………… 2 I. Site Description ...... 2 II. Intent of Offering ...... 3 III. Standards and Controls ...... 4 IV. Proposal Content ...... 6 V. Development Incentives...... 10 VI. Contract Terms and Conditions …………………………………… 11 VII. Submission Requirements ...... 11 VIII. Award Procedures ...... 12 IX. Evaluation Criteria ...... 14 X. Schedule of Events ...... 15 XI. Rights Reserved and Administrative Information ...... 15 XII. Employ Baltimore Certification Statement ………………………... 17 XIII. Exhibits ...... 19
Exhibit A Location Map Exhibit B Vicinity Map Exhibit C Site Map Exhibit D Elevation Photos Exhibit E Minority and Women’s Business Enterprise Program form Exhibit F Employ Baltimore Certification Statement Exhibit G Disclosures Exhibit H Joint Venture Certification Forms Exhibit I 15-Year High Performance Tax Credit boundary map Exhibit J Bromo Arts District boundary map
Baltimore Development Corporation 612 N. Howard Street – Request for Proposal Issue Date: March 10, 2015
INTRODUCTION AND BACKGROUND
The intent of this RFP is to promote new construction at 612 North Howard Street (“the Site”) in a fashion that is appropriate to the context of the Bromo Arts and Entertainment District – an emerging neighborhood with active storefronts and other ground-level uses.
The Site is bounded to the west and south by a 4-story building and to the north by a vacant lot. Both properties are privately owned by the same owner. The enclosed elevation photos roughly indicate the boundaries of the Site, as it relates to the surrounding, privately owned property (see Exhibit D). The Site is located next to the Maryland Transit Administration’s Centre Street light rail stop. A new dog park will open on the same block later in 2015, at the corner of Druid Hill Avenue and Howard Street (see Vicinity Map, Exhibit B). The Site is also within an Urban Renewal Plan (“URP”) area known as “Market Center”; the URP can be found here: http://baltimoredevelopment.com/for-developers/real-estate-development-resources/urban- renewal-plans/
The Site is also within the UniverCity Partnership Initiative’s catchment area, roughly bounded by Cathedral and Liberty Streets to the east; Pratt Street to the south; and Martin Luther King, Jr. Boulevard to the north and west. The UniverCity Partnership Initiative, co-chaired by Mayor Stephanie Rawlings-Blake and University of Maryland, Baltimore President Jay Perman M.D., has facilitated and leveraged $1 billion in private and public investment since late 2010. Building on past initiatives and emphasizing preservation-oriented development are key elements of the UniverCity Partnership’s vision to transform downtown’s west side - once a thriving garment and retail district - into a mixed-use, mixed-income community with a pedestrian-friendly street experience.
The Site is not within a local or national register historic district, but it is adjacent to two (2) historic districts: Seton Hill to the west and Mount Vernon to the east. Seton Hill is an urban, mixed-income neighborhood, well-known for its quiet and intimate characteristics. It is a predominately residential area signified with pedestrian-scaled rowhomes and short pedestrian- friendly blocks. Seton Hill will be preserved and strengthened as a quiet, intimate, and low- density neighborhood.
Like Seton Hill, Mount Vernon is also an historical residential, urban neighborhood identified architecturally as having an eclectic type of building styles and uses throughout the entire district. Mount Vernon has numerous cultural institutions, pedestrian-scaled rowhomes and short pedestrian-friendly blocks. Mount Vernon is also well-known for its classical public squares in Mount Vernon Place, recognized by its classical design anchored by the nation’s first monument to George Washington. This cultural district shows the cohesive interaction of commercial, institutional, residential, religious and historic uses.
I. SITE DESCRIPTION
The Site offered under this Request for Proposals (RFP) follows:
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612 North Howard Street, Ward 11, Section 10, Block 530, Lot 33 (See Site Map, Exhibit C). Property land area = ± 2,382 SF, Zoned B-4-1 (“Central Business”), on an unimproved temporary lot.
The following characteristics exist within a reasonable, 5-minute walk of the Site: 6,788 residents, including those living in ownership housing and apartments; 5,068 housing units; a housing occupancy rate of 84.8% and a median household income of $30,651. In addition to the resident base, the catchment area also contains 7,313 workers in the health care, academic, finance, legal services and energy sectors. The daytime population is 13,9401. There are more than 200 apartments under construction within a reasonable, 5-minute walk of the Site.
II. INTENT OF OFFERING
The Baltimore Development Corporation (BDC), on behalf of the Mayor and City Council of Baltimore (the “City”), is seeking proposals from qualified Developers for new construction in accordance with objectives and goals as stated herein, as well as the rules and regulations for standards and controls established by the City.
The Site is offered in “as-is” condition. The goals of the City in offering the Site for sale or lease include, but are not limited to, the following:
To maximize access to the Centre Street light rail stop. To increase the stability of property values adjacent to the Site. To establish a positive and identifiable image for the Site. To improve pedestrian circulation within and around the Site. Developers are encouraged to submit proposals which include the preservation and rehabilitation, where feasible, of other structures within the area. To serve as a gateway to established downtown districts east, west and south of the Site. Market driven, mixed-use projects with ground-floor uses that will activate Howard and Monument Streets. Increase residential population in the Bromo Arts District, and thus, help transform downtown Baltimore’s west side into a pedestrian-friendly neighborhood. The Project will be compatible with the emerging Bromo Arts District. The Project will be compatible with the character of nearby historic districts, while integrating new construction of compatible scale, material, rhythm and exterior materials. Additional density should be thoughtfully located to retain pedestrian scale of streets. The Project will achieve the highest quality of architectural exterior/interior design, and best construction practices. Developer(s) will undertake redevelopment of the Site in a timely fashion. The City is seeking a fee simple sale or ground lease of the Site to the Developer(s).
1 Source: U.S. Census Bureau, Longitudinal Household Employer Dynamics, ‘LEHD’.
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The City anticipates completion of redevelopment of the Site within eighteen (18) months following disposition. Reliance on discretionary public funds by the City should not be anticipated.
MBE/WBE Participation
It is the policy of the City that minority and women individuals and minority and women business enterprises should have maximum opportunity to participate in any and all components of the development team, including but not limited to ownership, financing, design, construction, management, operations, and employment after Project completion.
In consideration for receiving nondiscretionary fiscal assistance from or through the City of Baltimore, a Developer or business covenants and agrees to comply with Article 5, Subtitle 28 of the Baltimore City Code (2014 Edition) regarding participation by Minority Business Enterprises (MBE) and Women Business Enterprises (WBE) in its development of a Project.
Developers covenants and agrees to use all reasonable good faith efforts to meet the MBE and WBE participation goals for this Project.
Refer to Exhibit E, the “Commitment to Comply” Form. Minority and women business enterprises must be certified by the City of Baltimore. Certification is provided by:
Pamela E. Schevitz, Interim Chief Minority and Women’s Business Opportunity Office City Law Department City Hall, First Floor 100 North Holliday Street Baltimore, Maryland 21202 410-396-4355
III. STANDARDS AND CONTROLS
A. Proposed development must respect the character of the surrounding neighborhood as a mixed-use neighborhood with an emerging residential and cultural identity. Sensitivity to adjacent residential blocks is expected. Development must comply with its conforming Urban Renewal Plan (“URP”), as amended.
B. The Site may contain environmental hazards that will need to be remediated by the Developer prior to redevelopment. Neither BDC nor the City makes any representation, guaranty, or warranty concerning any Site conditions, including the possible presence of environmental hazardous materials. All Sites are offered in “as is” condition. Issues and concerns regarding title will be addressed through the Land Disposition Agreement with the selected Developer(s). The Developer is encouraged to conduct such title investigations as it deems necessary in completing the Proposal.
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C. The design and layout of any off-street parking areas, driveways, or entrances and exits shall be reviewed by the City of Baltimore, Department of Planning Site Plan Review Committee and approved by BDC.
D. The Site is located in a B-4-1 Zoning District; any proposed uses that are not permitted in these zoning categories would require approval from the Mayor and City Council of Baltimore.
E. Any loading or maneuvering of service vehicles, as well as any other related service activities necessary for development, shall be done entirely within lot lines and shall not impede traffic on or around the adjacent streets. All service areas shall be adequately screened from view at street level and from residential units.
F. All mechanical equipment (including those on rooftops), television antennas, satellite dishes, or other communications antennas visible from Site-adjacent streets shall be screened from view.
G. No storage of materials, refuse, garbage, unlicensed vehicles, etc., shall be permitted to remain outside structures, except as allowed by Baltimore City Regulations. All dumpsters shall be screened from view at all times.
H. The Site’s footprint will conform to the Westside Streetscape Standards: http://www.godowntownbaltimore.com/docs/StreetscapeGuidlelines.pdf
I. If applicable, exterior building materials should be compatible with and reflect the characteristic materials and features of surrounding buildings and as required by the conforming URP.
J. Building design must adhere to all Federal, State and local ordinances and the Americans with Disabilities Act (ADA), as modified from time to time. Developers shall comply with all applicable zoning and building codes now in effect.
K. No buildings, structures or parking areas shall be constructed over an easement within the Property without the prior written consent of BDC, and the DOT Director.
L. All plans and specifications for alteration must be submitted to and approved by BDC prior to submission to the City for permit.
M. The selected Developer shall be responsible for obtaining at its sole cost, all permits, zoning appeals, subdivisions, approvals, engineering and environmental studies as required. Any costs of appraisals, surveys, legal descriptions and any other typical development “soft costs” shall be borne by the Developer.
N. Reliance on public financial assistance, other than any applicable Enterprise Zone Tax Credits, Brownfields Tax Credits, High Performance Market-rate residential Tax Credits, Arts & Entertainment District Tax Credits or other such available credits, is not offered.
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O. The design of the Project, including all on-site and off-site and streetscape/landscape improvements, will be approved in writing by BDC prior to obtaining any other regulatory approvals; in addition, the design may be subject to review and approval by the City’s Site Plan Review Committee (SPRC), Commission for Historic and Architectural Preservation (CHAP), the City’s Urban Design and Architectural Review Panel (UDARP) and Maryland Historical Trust (MHT).
P. Proposals should include an identification of signage concepts and areas proposed for signage, and should follow the signage standards put forth in the conforming URP.
IV. PROPOSAL CONTENT
Proposals should provide a clear, concise and professional demonstration of the Developer’s capability to satisfy the requirements and objectives of this RFP. Unique capabilities or advantages of the Developer should be stated in the proposal. Proposals may include any background or other supporting information that the Developer feels necessary, and must include at a minimum the response requirements listed in this RFP.
Each proposal will be based solely on the merit of the individual submission. Such information will include, but not necessarily be limited to:
A. Table of Contents. Proposals must include a table of contents referencing each of the sections listed below. All sections must be tabbed for quick reference.
B. Executive Summary. The proposal must begin with a two-page maximum executive summary which clearly and concisely summarizes the content of the proposal; including Project name; name(s) of proposed owner(s) and proposed ownership structure; names of all Project team members and expertise of the team, management structure, specific recommendations for the Site including Project description (i.e., office, residential, mixed-use; build-to-suit, pre-leasing commitments; size/density); and Project phasing plan, if applicable.
C. Project Team /Corporate Information.
1. Organizational Chart. An organizational chart of the Developer’s team is to be submitted, including a) the names and roles of all participating firms; b) names and roles of all key personnel within each firm; and c) how the firms relate to one another.
2. Company Profile: The Developer will submit a general company profile of each firm on its team. Information provided should include, but not be limited to, number of years in business, principals of the firm, number of employees, a brief history of the firm, and target markets. The Developer must be licensed and
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registered as required by the Laws of the State of Maryland and shall submit proof of current licensing and/or registration, upon request.
3. Key Personnel. Resumes of the Project team, including the Developer, architect, engineers of all appropriate disciplines, general contractor and/or construction manager and real estate professionals, environmental consultants and other professional consultants. Resumes should include a description of experience. Do not provide resumes of all employees, but rather those key people who will be intimately involved with the Project such as: Principal in Charge, Project Architect, Project Manager, Design Engineers, Field Superintendent, etc.
4. Relevant Project Experience. Detailed narrative statement describing the previous experience of the Developer and Project team, especially with regard to projects that are relevant to this RFP and emphasizing aspects in which the Developer’s qualifications are believed to be exceptional or unique.
5. Project Examples. A list of examples of relevant projects undertaken by Developer, including dollar value of the development, the project manager’s name, address and telephone number.
6. References. Provide a minimum of 3 references – including the name, address, and current telephone number of the responsible person who may be contacted. References must be provided for each project listed in the proposal; other references may also be submitted.
7. Workload. Provide a brief summary of current and projected workload for the duration of the proposed Project.
8. Financial Capabilities. Developers must provide documentation of their financial capabilities to complete the Project. Non-publicly traded companies or entities must submit audited financial statements, including a Qualified Opinion with Management Letter, for the most recent fiscal year end.
If the proposal is submitted by an active business, financial statements for the business should be submitted. If the creation of a new business is proposed, financial statements are required from any persons or business entities being relied upon to provide funds or guarantees for the Project, whether as investments or loans, should be provided. If BDC requires additional financial information in order to evaluate a proposal, the Developer will be contacted for that information.
Note: Due to the sensitive nature of financial statements, it is sufficient to provide one copy only in the original proposal. BDC will keep these confidential to the extent permitted by law.
D. During the Right-of-Entry Agreement term, the insurance shall protect the Developer and City against any and all claims. Such insurance shall name the “City, its elected
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and appointed officials, its municipal agencies and departments, its employees,” as additional insured. The Developer shall furnish the City with a Certificate of Insurance and with a copy of the additional insured endorsement affecting coverage required prior to the issuance of the Agreement. Additional insurance requirements are also provided in the Agreement.
E. Development Plan. The Developer shall state, in a clear concise manner, its approach for development of the Site including, but not limited to, the following:
1. Schematic Plans, including a Site plan showing location of structures, public use space, ingress and egress, parking, service areas, etc. In addition, typical floor plan(s) and front, side and rear elevations of structures should be included.
2. Proposed Marketing Plan for the office, residential, restaurant, retail space, etc. If there are pre-leased tenants, provide names with supporting letters, if available.
3. Comment on obstacles, concerns and issues the Developer believes may arise during design and development and recommendations for handling such obstacles, concerns, and issues.
F. Development Schedule for completing the entire development process (financing, design and construction period), proposed phasing plan and anticipated occupancy date. This should be provided in a graphic or chart format.
G. Financial Information for the Site; a complete development budget, a pro-forma showing all revenues, expenses, and debt service related to the operation of the Site; and projected annual return to the Developer. Developers must disclose whether they are developing for a fee with the intent of conveying the finished Project to a third party owner or whether the Developer will hold the property for income purposes.
If the proposed development is for a fee, the third party owner must be identified. In either event, all associated fees paid to the Developer must be disclosed.
If applicable, Developers must disclose all fees for management of the completed Project components and the entity to whom those fees are paid.
Financial information must be provided in the following format:
1. Development Budget inclusive of all hard and soft costs.
2. Sources and Uses Statement clearly identifying the amount and terms of debt and equity financing by funding source. If applicable, disclose any sale or “take-out” of the Project by a third party prior to year ten and terms of that sale.
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3. 10-Year Operating Proforma, if applicable showing all revenue sources, expense line items, deductions from revenue such as vacancy and collection losses, and debt service. Include all assumptions for revenue and expense increases.
H. Statement of Financial Feasibility. A narrative statement explaining why the proposed use is economically feasible, including the market assumptions that support revenue projections.
I. Economic Benefits. Provide a detailed, but concise, overall description as to how the award of the Site will benefit the economy within the UniverCity Partnership catchment area as well as the City’s economy. In particular, jobs to be created for City residents, City tax dollars to be generated and contracting opportunities for City businesses. List the number of temporary jobs and full-time equivalent jobs by type (such as, construction, office workers, restaurant, sales, management, retail and maintenance) with respective annual salaries.
J. Evidence of Financing. Evidence of financing and/or explanation of intended financing which supports the Sources and Uses Statement. Term sheets or commitment letters from funding sources should be included, if available.
K. Purchase and/or Lease Terms/Land Value. The proposed purchase price and/or lease terms of operation if applicable, and any and all conditions of settlement. Proposals which indicate a purchase price less than the lowest appraised value must provide justification of how the land value was derived and the assumptions underlying the value.
L. Litigation and Outstanding Liabilities. Developers must include a section that lists all current litigation, if any, for all firms on the team in addition to any outstanding liabilities that might affect the development of the proposed Project. Please indicate any litigation, past or present, with the City of Baltimore (Refer to Exhibit G).
M. Developer Default, Bankruptcy, Criminal Indictments. Provide a list of any project on which the Developer, and its parent company or any member of its team has defaulted or declared bankruptcy. Provide a detailed explanation of each instance regarding any criminal indictments or felony convictions (Refer to Exhibit G).
N. Addenda. Provide copies of all addenda indicating receipt by signature and date.
V. Development Incentives
A. The Site is within the boundaries of the 15-year, High-Performance Market-Rate Rental Housing Tax Credit (HPTC) The HPTC was created to encourage the delivery of new market rate apartments and to capitalize on the demand for rental housing in Baltimore. The HPTC is by-right for market-rate residential projects of LEED Silver or higher that create at least fifty (50) rental units. More information about the HPTC on incremental Baltimore City real estate taxes can be found at: http://legistar.baltimorecitycouncil.com/detailreport/?key=5734
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The HPTC boundary map can be found in Exhibit L. The application can be accessed at: https://cityservices.baltimorecity.gov/PropertyTaxCredits/Account/Login.aspx?ReturnUrl=% 2fPropertyTaxCredits
B. The 10-year HPTC is by-right for Proposals for market-rate residential projects that create at least twenty (20) rental units, anywhere in the City. For further information regarding HPTCs please contact: Brian Greenan Baltimore Development Corporation 36 S. Charles Street, Suite 1600 Baltimore, Maryland 21201 Phone: (410) 837-9305 Email: [email protected]
C. The Site is within the Bromo Tower Arts & Entertainment District, designated by the Maryland State Arts Council in July 2012. The Site may be eligible for Bromo Arts District Admission & Amusement Tax exemptions and related tax incentives. For further information regarding the Bromo Arts District Tax Credits please contact:
Brian Greenan Baltimore Development Corporation 36 S. Charles Street, Suite 1600 Baltimore, Maryland 21201 Phone: (410) 837-9305 Email: [email protected]
D. The Site is located within an Enterprise Zone (EZ). Businesses within an EZ are eligible for a ten-year credit against local real property taxes on a portion of real property improvements (i.e., construction, renovation, expansion). Businesses are also eligible for EZ tax credits if new employees meeting certain requirements are hired. To obtain more information regarding Enterprise Zone tax credits contact:
Matthew Kachura Baltimore Development Corporation 36 S. Charles Street, Suite 1600 Baltimore, Maryland 21201 Phone: (410) 837-9305 Email: [email protected]
E. The Site may be eligible for Brownfields Tax Credits. The Brownfields Tax Credits are applied to the incremental value of the baseline real property taxes owed prior to construction and the new assessed value once the Project is completed. For further information regarding the Brownfields Tax Credits please contact:
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Karl Bradley Baltimore Development Corporation 36 S. Charles Street, Suite 1600 Baltimore, Maryland 21201 Phone: (410) 837 – 9305 Email: [email protected]
Developers that intend to utilize the above tax credits or any other incentive should incorporate the incentives into their sources/uses and pro-forma statements (see Section VII, Proposal).
VI. Contract Terms and Conditions
A. Laws: The laws of the State of Maryland shall govern the Contract.
B. Liability: All Developers are independent contractors. BDC assumes no liability for the injury to the contractor’s agents or employees, unless BDC, BDC’s agents or employees cause such injury by gross negligence or intentional acts. The contractor will be liable for any damage caused by negligence of the contractor, its agents or employees. Neither party shall be liable to the other for any incidental or consequential damages arising from the Contract.
C. Insurance: The selected developer will furnish insurance certificates as a condition of the contract award naming the City of Baltimore and the Baltimore Development Corporation as additionally insured. The developer must maintain the required coverage throughout the length of the contract. The coverage must contain a 30-day notice of cancellation.
VII. SUBMISSION REQUIREMENTS & PROPOSAL ACCEPTANCE/REJECTION
A. Closing Date
The submission date for receipt of proposals is 12:00 noon (EST) on Tuesday, April 14, 2015. Submissions received after the submission date and time will be marked “rejected” and will not be reviewed.
B. Original and Number of Copies Submit one (1) original plus four (4) copies of the Site proposal and an electronic version on a flash drive. The original must be marked ‘Original’ on the front cover.
Provide individual or corporate financial information in the original copy only.
C. Where to Submit Proposals All proposals, whether mailed or hand delivered, must be received by the Baltimore Development Corporation by the submission date.
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Each submission must include a $400 non-refundable fee payable to the Baltimore Development Corporation. Submissions which do not include the fee will be returned and marked “rejected”. Proposals should be mailed or submitted to:
c/o Nancy Jordan-Howard, Chief Operating Officer Baltimore Development Corporation 36 South Charles Street, Suite 1600 Baltimore, MD 21201
D. Proposal Acceptance Proposals must be submitted to the Chief Operating Officer in sealed envelopes or packages and clearly marked as to their contents.
To be considered, Developers shall submit a complete, written response to this RFP, including any addenda issued in response to questions and inquiries. Responsive proposals are those which comply with all aspects of the RFP regarding the method and timeliness of submission, proposal content, conformance to the requirements of the RFP and program goals, and the ability of the Developer to achieve those goals.
Proposals or unsolicited amendments to proposals arriving after the closing date and time will not be accepted.
VIII. AWARD PROCEDURES
A. BDC will not be limited solely to the information provided by the Developer, but may utilize other sources of information useful in evaluating Developer’s ability to perform. All proposals submitted in response to this RFP must be mailed or hand delivered. No e-mailed or faxed proposals will be accepted. Proposals arriving after the deadline may not be accepted. Unsolicited amendments to proposals arriving after the Closing Date and time may not be accepted.
B. Developers may be required to make a presentation or presentations, at a mutually convenient time, to community stakeholders to obtain feedback prior to final approval by the BDC. All such meetings will be arranged by BDC. The respective community stakeholders may submit written comments about the Project to BDC, to which the Developer may be required to respond in writing within ten (10) business days.
C. BDC may convene a Review Panel to evaluate the Proposals. The Review Panel may include members of the BDC Board of Directors and BDC staff, representatives from other City and State agencies, and community stakeholders.
D. Oral presentations to the Review Panel, or the BDC Board of Directors or staff (or any committee thereof) may be required, for the purposes of clarifying the proposal.
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E. All requests for information related to the RFP process, the preparation of the Proposal, or the Property shall be made in writing. All responses to requests for information shall be provided by BDC, and shall be in writing and delivered to all registered Developers, or alternatively may be issued as an Addendum to the RFP by BDC. The deadline for receipt of all requests for information shall be at least ten (10) days prior to the Closing Date. BDC shall issue all written responses to requests for information, or shall issue an Addendum at least seven (7) days prior to the Closing Date.
F. BDC, on behalf of the City, will issue an Exclusive Negotiating Privilege (ENP) to the selected Developer. The Term of the ENP shall be determined by BDC. The ENP will specify the terms and conditions under which the City will negotiate with the selected Developer, the requirements and the deadlines for commencing and completing said negotiations, and the terms and conditions under which the City will consider entering into a Land Disposition Agreement (LDA) for the development of the Property. A fee will be charged for the ENP. If negotiations have not been completed prior to the termination of the ENP, then the ENP shall expire. BDC may extend the ENP time period if it finds that negotiations are proceeding satisfactorily. Should the parties fail to agree upon the terms and conditions for the redevelopment of the Property within the time frame specified in the ENP including any extensions thereof, BDC may cancel negotiations with the first selected Developer and proceed to negotiate with the next acceptable Developer, or re-solicit for new proposals, or abandon the RFP process.
G. BDC, on behalf of the Mayor, or another appropriate designee of the City, shall issue a Right-of-Entry (ROE) to the selected Developer setting forth the terms and conditions by which the Developer may access the Property during the ENP period. A fee for the Right of Entry will be charged. BDC may extend the ROE time period if BDC, in its sole discretion, finds that negotiations are proceeding satisfactorily. Pursuant to the ROE, the selected Developer, its employees, agents, and representatives, shall be granted entry into the Property for the purposes of generating information on the Property to include, but not be limited to:
1. Environmental analysis. 2. Parcel surveys, plats, and re-subdivisions, as applicable. 3. Soil boring data and analysis. 4. Architecture and engineering studies. 5. Title information and related issues.
H. Upon the successful completion of negotiations pursuant to the ENP, BDC, on behalf of the Mayor, or another appropriate designee of the City, will present a Land Disposition Agreement to the City’s Board of Estimates (BOE) setting forth the terms and conditions of sale, respectively, and redevelopment of the Property and any modifications thereto, if required. Decisions regarding the award, sale and redevelopment of the Property shall be made by BDC, or another appropriate
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designee of the City, and recommended to the Board of Estimates for the City’s official approval. Final acceptance of any redevelopment proposal and disposition of the Property is subject to the approval of the Board of Estimates of Baltimore City in its sole discretion.
IX. EVALUATION CRITERIA
Proposals shall be evaluated based on, but not limited to, the following criteria:
A. The scope, quality, and degree to which the Developer’s Proposal addresses the RFP’s goals, objectives, intents, and terms of offering.
B. The Developer’s ability to provide or obtain sufficient financial resources to start and complete the Project.
C. Developer(s) track record of completing similar urban infill projects in a timely fashion, as a gauge for ability to complete the Project within the timetable established in this proposal.
D. The quality of the proposed development in terms of design, construction, and impact on the surrounding community.
E. The Project’s ability to increase residential population or commercial activity in the Bromo Arts District, and thus, help transform downtown Baltimore’s west side into a pedestrian-friendly neighborhood.
F. The Project’s compatibility with the emerging Bromo Arts District.
G. The Project’s synergy with the character of nearby historic districts and its integration of new construction of compatible scale, material, rhythm and exterior materials.
H. The Purchase Price and terms to be paid by the Developer.
I. Financial returns to the City.
J. Conformity of the proposed development to the Federal, State, and City laws, ordinances, and regulations.
K. Job retention and creation.
L. The extent to which the Proposal complies with and meets the goals of the Employ Baltimore Program and the City of Baltimore’s Minority and Women’s Business Enterprise Program (“MBE/WBE”).
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M. Consideration will be given to respondents who demonstrate site control of privately- owned properties adjacent to offered properties.
X. SCHEDULE OF EVENTS
Date of Issue: March 10, 2015 Due date for all written questions: March 24, 2015 Proposals Due: Tuesday, April 14, 2015 (12 noon) Developer Oral Presentations: To be scheduled as needed Notification of Award to the Developer: May 11, 2015
Please note above dates and times are subject to change.
XI. RIGHTS RESERVED AND ADMINISTRATIVE INFORMATION
A. Should it become necessary to revise any part of this RFP, provide additional information necessary to adequately interpret provisions and requirements of this RFP, or respond to written inquiries concerning the RFP, BDC reserves the right to issue an Addendum to RFP registrants by posting such Addendum on its web site.
B. BDC reserves the right to extend any dates in this RFP by a reasonable time period.
C. BDC reserves the right, in its sole discretion, to recommend the award of a contract related to this RFP based upon the written proposals received by BDC without prior discussion or negotiation with respect to those proposals. All portions of this RFP will be considered to be part of any contract awarded in connection with this RFP and will be incorporated by reference. Any contract awarded in connection with the RFP will be subject to approvals as required by City law, including the final approval by the Board of Estimates of Baltimore City.
D. As part of the evaluation and development process, BDC specifically reserves the right to review and approve the drawings, plans and specifications for redevelopment with respect to their conformance with the goals and requirements of this RFP. Such review and approval is in addition to all other review and approvals required by Federal, State and City laws, rules, regulations, and ordinances.
E. BDC reserves the right to turn down any drawings, plans or specifications that are not suitable or desirable for aesthetic or functional reasons. In such instances, BDC reserves the right to take into consideration, but shall not be limited to, the suitability of the schematic drawings, architectural treatment, building plans and elevations, materials and color, construction details, access, parking, loading, landscaping, identification signs, exterior lighting, trash collection, street, sidewalks and the synergy of the plan with its surroundings.
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F. BDC reserves the right to accept or reject any and all proposals, at its sole discretion, received as a result of this RFP, to waive minor irregularities, and to conduct discussions with any or all responsive Developers, to serve the best interests of the City of Baltimore.
G. BDC reserves the right to request additional information from any or all Developers, if necessary, to clarify that which is contained in the Proposal.
H. BDC reserves the right to require verbal inquiries to be provided in writing.
I. Proposals will not be opened publicly.
J. Neither the City of Baltimore, nor BDC shall be responsible for any cost incurred by any Developer in preparing and submitting a Proposal or by submitting requested supplemental information in response to the RFP.
K. The Developer selected for award agrees that it will comply with all Federal, State and City laws, rules, regulations, and ordinances applicable to its activities and obligations under this RFP and the contract.
Administrative Information
Issuing Office. This RFP is issued by the City of Baltimore Development Corporation (BDC) on behalf of the Mayor and City Council of Baltimore.
Questions and Inquiries must be in writing and should be directed to Brian Greenan by e- mail at [email protected]. All questions and responses will only be posted on the BDC website.
All RFP Addendums will be posted on the BDC website.
XII. EMPLOY BALTIMORE CERTIFICATION STATEMENT
In responding to this RFP, the Developer covenants and agrees to comply with the City’s Employ Baltimore Program and Executive Order (see Exhibit 5, Employ Baltimore Certification Statement) and be subject to compliance with Article 5, Subtitle 28 of the Baltimore City Code (2014 Edition) regarding participation by Minority Business Enterprises (MBE) and Women’s Business Enterprises (WBE) (see Exhibit E, Commitment to Comply form). Developer covenants and agrees to use all reasonable good faith efforts to meet the Employ Baltimore Program and MBE/WBE participation goals for this Project. The Director of the Mayor’s Office of Employment Development is Jason Perkins-Cohen. All questions related to the Baltimore City’s Employ Baltimore
16 Baltimore Development Corporation 612 N. Howard Street – Request for Proposal Issue Date: March 10, 2015
Certification Statement should be directed to Rosalind Howard, Business Services Program Manager at 443-984-3014 or [email protected]
XIII. EXHIBITS
Exhibits follow. These exhibits are for information purposes only and bind neither the City nor BDC.
Exhibit A Location Map Exhibit B Vicinity Map Exhibit C Site Map Exhibit D Elevation Photos Exhibit E Commitment to Comply Form: MBE/WBE Program Exhibit F Employ Baltimore Certification Statement Exhibit G Disclosures Exhibit H Joint Venture Certification Form Exhibit I 15-Year High Performance Tax Credit boundary map Exhibit J Bromo Arts District boundary map
The conforming Urban Renewal Plan, known as ‘Market Center’, may be found at BDC’s website: http://baltimoredevelopment.com/for-developers/real-estate-development- resources/urban-renewal-plans/
END OF RFP TEXT
17 Baltimore Development Corporation 612 N. Howard Street – Request for Proposal Issue Date: March 10, 2015
EXHIBIT A: Location Map
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EXHIBIT B: Vicinity Map
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EXHIBIT C: Site Map
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EXHIBIT D: Elevation photos 612 N. Howard Street – Front Elevation
612 N. Howard Street – Rear Elevation
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EXHIBIT E: MBE/WBE Commitment to Comply Form
COMMITMENT TO COMPLY WITH THE MINORITY AND WOMEN’S BUSINESS ENTERPRISE PROGRAM OF THE CITY OF BALTIMORE
In consideration for receiving fiscal assistance from or through the City of Baltimore, the Developer covenants and agrees to comply with Article 5, Subtitle 28 of the Baltimore City Code (2014 Edition) regarding participation by Minority Business Enterprises (MBE) and Women's Business Enterprises (WBE) in its development of the Project known as 612 North Howard Street. Developer covenants and agrees to use all reasonable good faith efforts to meet the overall MBE participation goal and the overall WBE participation goal for the Project. The dollar amounts of the overall MBE goal and the overall WBE goal will be calculated using the following percentages:
MBE 27% WBE 10%
Prior to the commencement of construction, Developer agrees to submit to the City written documentation, including executed contracts, service agreements, or utilization commitment forms which shall identify the particular minority and women's business enterprises (i) contracting directly with the Developer, or (ii) subcontracting with prime contractors who have contracted directly with the Developer. The executed contracts, service agreements, or utilization commitment forms submitted to the City shall specify the dollar value of the participation, the type of work to be performed, and such other information as may be reasonably required by the City.
In the event that after reasonable and good faith efforts to meet the goals, Developer is able to demonstrate to the satisfaction of the City that sufficient qualified and willing MBE's and WBE's are unavailable in the market area of the Project as defined by City law, then the Developer may request a waiver or reduction of the MBE and/or WBE goals.
The City's Minority and Women's Business Opportunity Office (MWBOO), or its successor, is designated to administer the provisions of the law on behalf of the City. Developer shall comply with the rules and regulations of the MWBOO or its successor in meeting the requirements of the law.
22 Baltimore Development Corporation 612 N. Howard Street – Request for Proposal Issue Date: March 10, 2015
COMMITMENT TO COMPLY WITH THE MINORITY AND WOMEN’S BUSINESS ENTERPRISE PROGRAM OF THE CITY OF BALTIMORE
THE UNDERSIGNED DO SOLEMNLY DECLARE AND AFFIRM THAT THEY ARE AUTHORIZED TO MAKE THIS COMMITMENT.
FOR: ______
BY: ______
BY: ______
DATE: ______
______Chief, Minority and Women's Business Opportunity Office
Anticipated Starting Date of Construction
Date: ______
23 Baltimore Development Corporation 612 N. Howard Street – Request for Proposal Issue Date: March 10, 2015
EXHIBIT F.
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EXHIBIT G: DISCLOSURES
Has any principal identified in this form or any corporation or organization in which this principal is or was formerly a principal partner, managing member or otherwise owned or control more than 10% of the shares or assets of a corporation, been the subject to any of the following?
1. Pending judgments, legal actions and/or orders of satisfaction? Yes No
2. Been convicted or pending case for fraud, bribery or grand larceny? Yes No
3. Been convicted or pending case for arson? Yes No
4. Adjudged bankrupt, either voluntary or involuntary, within the past 10 years? Yes No
5. Indicted for or convicted of any felony within the past 10 years? Yes No
6. Unpaid taxes or liens? Yes No
7. Declared in default of a loan or failed to complete a development project? Yes No
8. Failed to complete or currently in violation of a Land Disposition Agreement or other Agreement involving the City of Baltimore? Yes No
If the answer to any of the above is yes, please provide a full explanation including as appropriate for each case (1) date, (2) charge, (3) place, (4) Court, (5) action taken and (6) current disposition. Attach documentation, as necessary.
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EXHIBIT H: JOINT VENTURE CERTIFICATION FORM
Please Note: If the bidder is a joint venture, this Certification Form must be signed by an officer of each entity composing the joint venture. I ______am an officer authorized to make a binding contractual commitment for the Developer. I acknowledge that failure to disclose a material fact or to misrepresent a fact can result in disqualification of the bid from further consideration. I certify that all information contained in this bid, including but not limited to, the disclosure information above is true and correct to the best of my knowledge and belief. I understand by signing this form in conjunction with this proposal, that the City of Baltimore Development Corporation (BDC) may, at its choosing, conduct a check with credit verification agencies, or similar agencies. I understand the BDC is not obligated to pay, nor will it in fact pay, any costs or losses incurred by the bidder at any time, including, but not limited to, the cost of: (1) any prior actions by the bidder in order to make this proposal, (2) any future actions by the bidder in connection with any negotiations between the bidder and BDC, including, but not limited, actions to comply with requirements of BDC, the City or any applicable laws. I agree that I will not enter into, execute or be a party to any Covenant, Agreement, Lease, Deed, Assignment or Conveyance, or any other written instrument which restricts the sale, lease, use or occupancy of the property or any part thereof, upon the basis of race, color, religion, sex, or national origin and will comply with all Federal, State, and local laws, in effect from time to time, prohibiting discrimination or segregation and will not discriminate by reason of race, color, religion, sex or national origin in the sale, lease, use or occupancy of the property.
Dated: ______
Signature: ______
Title: ______
Developer Entity: ______
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EXHIBIT I: 15-Year High Performance Tax Credit Boundary
The Site
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EXHIBIT J: BOUNDARY MAP FOR THE BROMO ARTS DISTRICT
The Site
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