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BPWBOOK 6-23-10

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BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







GENERAL/MISCELLANEOUS



ITEM 1-GM



REFERENCE In accordance with provisions of the State

Finance and Procurement Article, Section 8-301, Annotated Code of Maryland, the Board

of Public Works approval of the use of General Obligation Bond funding for the

contract(s) noted below in the total amount of $25,000.00.





A. Department of Public Safety and Correctional Services

Southern Maryland Pre-Release Unit

Charles County, MD



DESCRIPTION This project provides mechanical and

electrical engineering services and related architectural services to survey, evaluate and design

the upgrade of shower area and adjacent drying areas ventilation system, HVAC unit, ductwork,

valves, drains, lighting, tile work, floor, walls and alarm services at the Southern Maryland Pre-

Release Unit, Charles County, MD.



REMARKS An approved list of consultants was

developed for DGS to provide mechanical and electrical engineering services for construction

projects through the State’s Small Business Reserve program. Under this process individual

contract awards may not exceed $25,000. Selected firms may be awarded more than one

contract in rotation basis.



CONTRACT NO. & TITLE Project No.: KR-110-100-001;

Repair Floors, Walls, Lighting, Ventilation,

Plumbing and Related Systems,

Housing/Dormitory Unit, Southern

Maryland Pre-Release, Charles County,

Maryland

ADPICS NO. 001B0400691



PROCUREMENT METHOD Maryland Architectural and Engineering

Services Act



AWARD M S Engineers, Inc.

Columbia, MD



AMOUNT $25,000.00

2

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







GENERAL/MISCELLANEOUS



ITEM 1-GM (Cont.)





FUND SOURCE MCCBL 2009/Item 007 (Provide funds for

the State capital Facilities renewal program-

Statewide. DPSCS-SMPRU Renovate

Shower rooms)









Board of Public Works Action - The above referenced Item was:



APPROVED DISAPPROVED DEFERRED WITHDRAWN



WITH DISCUSSION WITHOUT DISCUSSION

3

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







REAL PROPERTY SERVICES



ITEM 2-RP



DEPARTMENT OF GENERAL SERVICES Title Company Services



REFERENCE Board of Public Works approval is requested

for contracts to all offerors passing both Technical and Price requirements to perform

acquisitions and additional related activities as required for residential, commercial, agricultural

and unimproved properties in the following jurisdictions: Dorchester, Somerset, Wicomico and

Worcester Counties (representing the Lower Eastern Shore Region).



The Comprehensive Settlement Fee represents the offeror’s fee for title and settlement services

for a single transaction. This covers all services normally associated with property transactions,

such as settlement charges, document preparation, travel expenses, notary fees, return of deeds,

reports after recording and photocopies. The cost of title insurance is by fixed rates approved by

The Maryland State Insurance Commissioner



PROCUREMENT METHOD Competitive Sealed Proposals



BIDS OR PROPOSALS

Lower Eastern Shore Region

Technical/ Comprehensive

Bidder Price Evaluation Settlement Fee

The Fisher Law Group Technical: Pass

Upper Marlboro, MD Price: Pass $700.00



Granite Title Associates, Inc. Technical: Pass

Lutherville, MD Price-Pass $625.00



Lakeside Title Company Technical: Pass

Columbia, MD Price: Pass $700.00



Land Settlements, LLC Technical: Pass

Baltimore, MD Price: Pass $650.00

MDOT Certified MBE #09-397



Law Office of Henry I. Louis Technical: Pass

Lutherville, MD Price: Pass $700.00

4

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







REAL PROPERTY SERVICES



ITEM 2-RP (Cont.)



BIDS OR PROPOSALS (Cont.)

Lower Eastern Shore Region

Technical/ Comprehensive

Bidder Price Evaluation Settlement Fee



Miles & Stockbridge Technical: Pass

Easton, MD Price: Pass $700.00



Progressive Title Corporation Technical: Pass

Arnold, MD Price: Pass $700.00



Property Title & Escrow, LLC Technical: Pass

Baltimore, MD Price: Pass $700.00

MDOT Certified MBE #07-033



Wright, Constable & Skeen Technical: Pass

Baltimore, MD Price: Pass $650.00



AMOUNT $450,000.00 NTE (3 years)



TERM 7/1/2010-6/30/2013



MBE PARTICIPATION 22%



REMARKS A notice of the Request For Proposals

(RFP) was posted on DGS’s Web Site, Bid Board, The Afro American, The Daily Banner, The

Daily Record, and at eMarylandMarketplace.com The RFP was mailed or emailed to 78

potential offerors, of which 17 were MBEs.



Each offeror was evaluated on a pass/fail basis as to whether the proposal met the mandatory

requirements of the RFP for all aspects of titling including the offeror’s depth of experience in

transactional history, the range of knowledge and experience within the offeror’s team, plus

abstractors’ experience and insurance information. Fees were evaluated as pass/fail based on

prevailing market rates. Task orders for title services will be awarded on a rotating basis and the

contract contains strict time limits and per diem penalties for delays.



The State reserves the right to terminate any contract in whole or part for convenience or default.

5

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







REAL PROPERTY SERVICES



ITEM 2-RP (Cont.)



Each of the nine (9) contracts awarded will be for a value Not To Exceed $50,000.00 during the

three-year term. The aggregate value of the overall contract award will not exceed $450,000.00.

The actual contract cost will depend on the number and contract price of the properties acquired

during the term of the contact.



RESIDENT BUSINESS Yes for all



TAX COMPLIANCE NOS. 10-4259-0110 The Fisher Law Group

10-4258-1111 Granite Title Assoc. Inc

10-4260-0000 Land Settlements, LLC

10-4238-0000 Law Office of Henry I. Louis

10-4251-1111 Miles & Stockbridge

10-4237-0111 Progressive Title Corp.

10-4252-0111 Property Title & Escrow

10-4254-0111 Wright, Constable & Skeen

10-4643-1011 Lakeside Title Co.









Board of Public Works Action - The above referenced Item was:



APPROVED DISAPPROVED DEFERRED WITHDRAWN



WITH DISCUSSION WITHOUT DISCUSSION

6

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







REAL PROPERTY



ITEM 3-RP





DEPARTMENT OF NATURAL RESOURCES Lawrence C. Rowland Property

80.655± acres

St. Mary’s County

File 00-4045



REFERENCE Board of Public Works approval is requested

to accept an Agreement of Sale on behalf of Program Open Space to purchase 80.655 acre ±

parcel in the McIntosh Run Watershed in central St. Mary’s County. The McIntosh Run

Watershed is part of the Lower Potomac River Drainage System which drains into the

Chesapeake Bay. Protection of this property will safeguard wildlife habitat, conserve forest land,

and protect a half mile stretch along an important tributary known as McIntosh Run. McIntosh

Run is one of three creeks in Maryland where the endangered Dwarf Wedge Mussel can be

found.



The Dwarf Wedge Mussel is an integral part of its habitat. It contributes to the biological

diversity of our environment. Because of its extreme rarity, this species is classified as a State

Endangered Species, one that is in jeopardy of extinction in Maryland. The other populations of

Dwarf Wedge Mussel, located in New England and North Carolina, are also rapidly

disappearing. The U.S. Fish and Wildlife Service has also listed the Dwarf Wedge Mussel as

being Endangered.



Additionally, the property supports an active bald eagle nest and twelve State listed protected

species. The eagles are on the Federal Threatened Species list. The Maryland Department of

Natural Resources has secured a $133,668.00 Recovery Land Acquisition Grant through the U.

S. Fish and Wildlife Service to protect the Dwarf Wedge Mussel population along McIntosh Run

in Maryland. The parcel is located within the designated Potomac Focus Area and Target

Ecological Area, and has received an ecological ranking of 109 under the Program Open Space

Targeting System.



The Attorney Generals Office has approved the Agreement of Sale. Title and transfer documents

are subject to legal review.



GRANTOR Lawrence C. & Sheiloh O. Rowland



GRANTEE The State of Maryland to the use of the

Department of Natural Resources

7

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







REAL PROPERTY



ITEM 3-RP (Cont.)



PROPERTY 80.655 acres unimproved



PRICE $282,000.00* ($3,496.37/acre)

(Discounted Sale)

*The sales price represents a negotiated discount from the recommended value ($290,400.00) to

the State of Maryland of $8,000.00 or 3%.



APPRAISED VALUES



$290,400.00 (9/10/09) James B. Hooper - Fee Appraiser

Reviewed by Rollin Westholm



$260,000.00 (9/15/09) Michael J. Martin - Fee Appraiser

Reviewed by Rollin Westholm



FUND SOURCE POS Land Acquisition Opportunity Loan of

2009 $148,332.00

USFWS Recovery Land Acquisition Grant

$133,668.00



SPECIAL CONDITIONS The State’s purchase of the property shall be

subject to the Seller conveying to the State an easement in common with others for ingress and

egress to the Property from McIntosh Road over and across Sheiloh Way (the “Access

Easement”). The Access Easement shall in no way obligate or impose upon the State any

responsibility or duty on the State to repair, restore, pave or maintain Sheiloh Way in connection

with the State’s use thereof, or the use thereof by any party entitled to the use of Sheiloh Way.



REMARKS



l. The Department of Natural Resources recommends approval of this acquisition.



2. There will be no relocation or moving costs associated with this acquisition.



3. This project meets criteria in accordance with Chapter 419, Laws of Maryland 2009 as it

presents a unique acquisition opportunity as a result of the extraordinary location and

environmental value of the property which scored 109 on the Program Open Space

ecological scoring system.

8

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







REAL PROPERTY



ITEM 3-RP (Cont.)



4. The Governor has requested that the Board of Public Works borrow money and incur

special obligation indebtedness through a special loan to be known as the Program Open

Space Acquisition Opportunity Loan of 2009 as provided in Chapter 419 of the Laws of

Maryland 2009.



5. This action authorizes the Comptroller to advance funds needed to complete the

transaction; requesting the use of bonds authorized under the Program Open Space

Acquisition Opportunity Loan of 2009.









Board of Public Works Action - The above referenced Item was:



APPROVED DISAPPROVED DEFERRED WITHDRAWN



WITH DISCUSSION WITHOUT DISCUSSION

9

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







REAL PROPERTY



ITEM 4-RP



DEPARTMENT OF NATURAL RESOURCES Unknown owner parcel at Cunningham Falls

State Park- Frederick County

79.24 acres

File # 09-0005



REFERENCE Approval is requested to reserve 79.24 acres

of abandoned land located off Catoctin Hollow Road, within Cunningham Falls State Park,

Frederick County. This parcel is completely surrounded by undeveloped land that is either

designated State Wildlands included in the public hunting area or public land presently included

in the Thurmont Municipal Watershed. Portions of the Cunningham Falls Trail System run

through the parcel, and it is located near the scenic Cat Rock Overlook. The Department of

Natural Resources desires to reserve this abandoned land for public use, pursuant to Title 13,

Real Property Article of the Annotated Code of Maryland. The Department of Assessments and

Taxation has advised that this parcel has no owner of record, no parcel number assigned and no

record of taxes being paid for at least the past 20 years. In addition, there is no evidence that this

parcel has been in the continuous possession of any person during the past 20 years.



Upon BPW approval for the reservation, the Department of Natural Resources shall apply for a

certificate of reservation with the Commissioner of Land Patents at the Maryland State Archives

in accordance with Sec.13-106, Real Property Article of the Annotated Code of Maryland.



GRANTOR Unknown owner



GRANTEE The State of Maryland, to the use of the

Department of Natural Resources



PROPERTY 79.24 +/- acres



REMARKS The Department of Natural Resources

recommends approval of this reservation.





Board of Public Works Action - The above referenced Item was:



APPROVED DISAPPROVED DEFERRED WITHDRAWN



WITH DISCUSSION WITHOUT DISCUSSION

10

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







REAL PROPERTY



ITEM 5-RP





DEPARTMENT OF NATURAL RESOURCES Unknown owner parcel

South Mountain State Park

Washington County

9.34 acres, File # 56-0443



REFERENCE Approval is requested to reserve 9.34 acres

of abandoned land located within South Mountain State Park in Washington County. This parcel

is completely surrounded by State owned land. It is a fairly steeply sloped piece with a stream at

the bottom of the hill. It is covered with woody vegetation which is a good buffer for the stream.

Reservation of this property would add to the land base that forms an excellent buffer protecting

the Appalachian National Scenic Trail against encroachment and conflicting activities.



Additionally, reservation of this property will remove the conflicts experienced with in-holdings

within a block of otherwise public land. There are no development plans for this parcel. It will

remain forested, add to the resources base needed to support wildlife, and contribute to the

quality of a small water resource.



The Department of Natural Resources (DNR) desires to reserve this abandoned land for public

use, pursuant to Title 13, Real Property Article of the Annotated Code of Maryland. The

Department of Assessments and Taxation has advised that this parcel has no owner of record, no

parcel number assigned, and no record of property taxes paid for at least the past 20 years. In

addition, there is no evidence that this parcel has been in the continuous possession of any person

during the past 20 years.



Upon BPW approval for the reservation, DNR will apply for a certificate of reservation with the

Commissioner of Land Patents at the Maryland State Archives in accordance with Sec.13-106,

Real Property Article of the Annotated Code of Maryland.



GRANTOR Unknown owner



GRANTEE The State of Maryland, to the use of the

Department of Natural Resources



PROPERTY 9.34 +/- acres

11

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







REAL PROPERTY



ITEM 5-RP (Cont.)



REMARKS The Department of Natural Resources

recommends approval of this reservation.









Board of Public Works Action - The above referenced Item was:



APPROVED DISAPPROVED DEFERRED WITHDRAWN



WITH DISCUSSION WITHOUT DISCUSSION

12

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







REAL PROPERTY



ITEM 6-RP



DEPARTMENT OF NATURAL RESOURCES Towson Presbyterian Church

252.65 acres

Baltimore County

File # 00-4184

POS # 3950



REFERENCE Approval is requested for the acquisition of

a conservation easement on 252.65 acres +/- of the Towson Presbyterian Church property. The

property is immediately adjacent to the Torrey Brown North Central Rail Trail (“Trail”) in

Baltimore County.



This acquisition will ensure that existing and proposed recreational facilities on the site will

remain publicly accessible, will provide a public access point to the Trail and ensure that

Maryland’s youth from all backgrounds have the permanent opportunity to explore nature and

become informed and responsible stewards of the environment.



This will be a joint project with the Baltimore County Department of Recreation and Parks, in

cooperation with Baltimore County Department of Environmental Protection and Resource

Management. This acquisition will protect over 200 acres of forested land including steep slopes

and stream valley along the Beetree Run which drains into Little Falls. This parcel lies within

the Target Ecological Area (TEA) and has received an ecological ranking of 122 under the

Program Open Space Targeting System. The State will contribute $1,390,000.00 as part of the

Children in Nature Initiative toward the purchase of the conservation easement.



The Agreement of Sale has been approved by the Office of the Attorney General and Baltimore

County. Title and transfer agreements are subject to legal review.



GRANTOR Towson Presbyterian Church



GRANTEE The State of Maryland, to the use of the

Department of Natural Resources and The

Baltimore County Department of Recreation

and Parks, in cooperation with The

Baltimore County Department of

Environmental Protection and Resource

Management

13

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







REAL PROPERTY



ITEM 6-RP (Cont.)





PROPERTY 252.65 +/- acres unimproved



PRICE $1,390,000.00



APPRAISED VALUES



$1,390,000.00 (1/30/09) - Stephen H. Muller - Fee Appraiser

Reviewed by David M. Kelleher ($5,500 per acre)



$1,420,000.00 (11/6/08) - Thomas A. Weigand - Fee Appraiser

Reviewed by David M. Kelleher ($5,500 per acre)



FUND SOURCE $1,390,000.00 POS Land Acquisition

Opportunity Loan of 2009



SPECIAL CONDITIONS None



REMARKS



1. The Department of Natural Resources recommends approval of this acquisition.



2. Board approval is requested to make an exception to the 1 year appraisal policy

requirement for this project. The contract was signed by the seller in November 2010

before the appraisals expired. An item was scheduled for BPW approval on January 20,

2010 and February 24, 2010. Due to delays in the Baltimore County approval process and

a change in funding at the Baltimore County level, the project is now being presented to

the Board of Public Works.



3. This project meets criteria in accordance with Chapter 419, Laws of Maryland 2009 as it

presents a unique acquisition opportunity as a result of the extraordinary location and

environmental value of the property which scored 122 under the Program Open Space

Target ecological scoring system.

14

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







REAL PROPERTY



ITEM 6-RP (Cont.)





4. The Governor has requested that the Board of Public Works borrow money and incur

special obligation indebtedness through a special loan to be known as the Program Open

Space Acquisition Opportunity Loan of 2009 as provided in Chapter 419 of the Laws of

Maryland 2009.

5. This action authorizes the Comptroller to advance funds needed to complete the

transaction; requesting the use of bonds authorized under the Program Open Space

Acquisition Opportunity Loan of 2009.









Board of Public Works Action - The above referenced Item was:



APPROVED DISAPPROVED DEFERRED WITHDRAWN



WITH DISCUSSION WITHOUT DISCUSSION

15

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







LANDLORD LEASE



ITEM 7-LL



DEPARTMENT OF NATURAL RESOURCES Carroll County

(Land and Property Management)



Tenant Dana Lee Dembrow

1226 Canterbury Drive

Sykesville, MD 21784



Property Location 729 Klee Mill Road

Sykesville, MD 21784



Space Type Residential Dwelling Lease Type New Acre(s) .45 ac. +/-

Duration Lifetime Residency Effective July 1, 2010

Annual Rent $1.00



Utilities Responsibility Tenant

Custodial Responsibility Tenant

Previous Board Action(s) N/A



Reference The Maryland Resident Curatorship Program

secures private funding and labor for the restoration and maintenance of historic properties

owned by the Department of Natural Resources (DNR). The curator, in consideration of a life

tenancy, pledges to restore the historic property and maintain it in good condition.



Special Conditions

1. The Tenant shall occupy and use the residence known as the Wachter House located on

.45 ac. +/- as a single family residence. The structure is presently in need of significant

restoration. Pursuant to the Curatorship Gift Agreement in the amount of $210,000.00,

the Tenant shall restore, rehabilitate, and renovate the structure during the time of the

tenancy.

2. The Tenant shall be responsible for obtaining all permits, licenses, inspections and

approvals required for its use and occupancy of the premises, and shall deliver to landlord

copies of all necessary permits, licenses, inspections and approvals prior to taking any

action requiring such permits, licenses, inspections and approvals.

3. The Tenant shall open premise to the public up to 3 to 5 days each year, as arranged in

cooperation with the Landlord, once the restoration, rehabilitation and renovation have

been completed.

16

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







LANDLORD LEASE



ITEM 7-LL (Cont.)



4. The Tenant shall maintain at their expense, throughout the term, insurance against loss or

liability in connection with bodily injury, death, property damage or destruction,

occurring within the premises or arising out of the use thereof by Tenant or their agents,

employees, officers, subtenants, invitees, visitors and guests, under one or more policies

of General Comprehensive Liability (GCL) insurance will have a minimum coverage of

$1,000,000.00 per occurrence, $2,000,000.00 annual aggregate, and shall contain broad

form GCL Endorsement or its equivalent.

5. The Tenant shall indemnify and hold harmless the State of Maryland and the Department

of Natural Resources against any and all liability or claim of liability, including

reasonable attorney’s fees, arising out of their use and occupancy, conduct, operation or

management of the premise during the term.

6. This lease does not contain a termination for convenience clause.



Remarks

1. This project is part of the Department of Natural Resources’ Maryland Resident

Curatorship Program.

2. The Clearing house conducted an intergovernmental review of the project under

MD20080822-0877 and has recommended changing the use, and leasing the Wachter

House at the Morgan Run Natural Environmental Area, as part of the Maryland Resident-

Curatorship Program. It is further recommended that all construction, demolition,

rehabilitation, and significant ground disturbance conform to the Secretary of the

Interior’s Standards for the Treatment of Historic Properties, and be submitted to the

Maryland Historical Trust for review as early as possible, and prior to the initiation of

any work.

3. Dana L. Dembrow is an employee of the Maryland State Board of Contract Appeals. The

State Ethics Commission determined, in an April 21, 2010 letter, that the provisions of

the Public Ethics law do not prohibit Mr. Dembrow’s participation in the curatorship

lease agreement with DNR.



Note: This item previously appeared on the DGS/BPW Agenda on 3-10-2010 as Item 11-LL and

was withdrawn.



Board of Public Works Action - The above referenced Item was:



APPROVED DISAPPROVED DEFERRED WITHDRAWN



WITH DISCUSSION WITHOUT DISCUSSION

17

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







TENANT LEASE



ITEM 8-LT



MARYLAND STATE DEPARTMENT Child Care Administration

OF EDUCATION Towson, MD



Landlord Baltimore County Revenue Authority

115 Towsontown Boulevard

Towson, MD 21286



Property Location 100 W. Susquehanna Avenue

Towson, MD 21204



Space Type Garage Parking Lease Type New No. of Spaces 9

Duration 2 Years Effective July 1, 2010

Annual Rent $10,584.00 Rate/Space/Month $98.00



Utilities Responsibility Landlord

Custodial Responsibility Landlord

Previous Board Action(s) 4/16/2008 – 10LT



Fund Source R00 2010 J7359 8239 1301



Special Conditions

1. The spaces have been utilized by Licensing Specialist of the MSDE Child Care

Administration since 2008.

2. The lease contains a termination for convenience clause

3. The Licensing Specialist utilize personal vehicles for the performance of daily job

functions which include attendance at numerous meetings, inspections and events that

can extend into the evening hours, often requiring boxes of literature and supplies.

Through scheduling, the licensing specialists share the nine (9) permits. The regional

office currently has a staff of nineteen (19) employees.

4. The agency exceeds the 1:3 ratio established for this metropolitan area.





Board of Public Works Action - The above referenced Item was:



APPROVED DISAPPROVED DEFERRED WITHDRAWN



WITH DISCUSSION WITHOUT DISCUSSION

18

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







TENANT LEASE



ITEM 9-LT



DEPARTMENT OF HUMAN RESOURCES Towson, MD

Child Support Enforcement Administration Baltimore County



Landlord Baltimore County Revenue Authority

115 Towsontown Boulevard

Towson, MD 21286



Property Location 110 W. Susquehanna Avenue

Towson, MD 21204



Space Type Garage Parking Lease Type New No. of Spaces 5

Duration 2 Years Effective July 1, 2010

Annual Rent $5,880.00 Rate/Space/Month $98.00



Utilities Responsibility Landlord

Custodial Responsibility Landlord

Previous Board Action(s) 4/16/2008 11-LT; 6/21/2006 10-L; 6/9/2004 14-L;

6/19/2002 11-L; 6/7/2000 13-L



Fund Source 100% General N00G0006 7f33 0715 GF010



Special Conditions



1. The spaces have been used by State employees in the Towson area since 1993.



2. The 5 parking spaces conform to the 1:3 ratio established for this metropolitan area.



3. The lease contains a termination for convenience clause









Board of Public Works Action - The above referenced Item was:



APPROVED DISAPPROVED DEFERRED WITHDRAWN



WITH DISCUSSION WITHOUT DISCUSSION

19

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







TENANT LEASE



ITEM 10-LT



DEPARTMENT OF LABOR, LICENSING Baltimore County

& REGULATION



MARYLAND JUDICIARY

(District Court)



Landlord Baltimore County Revenue Authority

115 Towsontown Boulevard

Towson, MD 21286



Property Location 115 Towsontown Boulevard

Towson, MD 21286



Space Type Garage Parking Lease Type New No. of Spaces

Duration 2 Years Effective July 1, 2010 District Court 59

Annual Rent Rate/Space/Month $93.00 DLLR 15

District Court $65,844.00 Prev.Rate/Space/Month $93.00 Total 74

DLLR $16,740.00

Total $82,584.00



Utilities Responsibility Landlord

Custodial Responsibility Landlord

Previous Board Action(s) 4/16/2008 – 12-LT; 6/21/2006 –11-L;

6/9/2004 – 13-L; 6/19/2002 – 11-L

Fund Source District Court - 100% C00 11 00004 01 1301

DLLR - 100% Federal PCA #8M801



Special Conditions

1. These spaces have been used by State employees in the Towson area since 1993.

2. The 74 parking spaces conform to the 1:3 parking ratio

3. The lease contains a termination for convenience clause.



Board of Public Works Action - The above referenced Item was:



APPROVED DISAPPROVED DEFERRED WITHDRAWN



WITH DISCUSSION WITHOUT DISCUSSION

20

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







TENANT LEASE



ITEM 11-LT



DEPARTMENT OF JUVENILE SERVICES Baltimore City



Landlord 120 W. Fayette Street, LLP

100 N. Charles Street, Suite 1200

Baltimore, MD 21201



Property Location 120 W. Fayette Street

Floors 2-5

Baltimore, MD 21201



Space Type Office Lease Type New Square Feet 52,508

Duration 10 Years 3 months Effective July 1, 2010

Annual Rent $1,008,206.11 Avg Sq. Ft. Rate $19.20 Avg

Previous Sq. Ft. Rate $16.22



Utilities Responsibility Landlord

Custodial Responsibility Landlord

Previous Board Action(s) Item 35-L dated 09/23/98; Item 9-L 10/20/04



Retro-Active Leases Board of Public Works is requested to retroactively

approve the leasing of this space for the ten (10) month period that lapsed from August 1, 2009

to June 30, 2010 pursuant to the State Finance and Procurement Article 11-204(c).



Special Conditions

1. The lease contains escalations/de-escalations for utilities, janitorial services and real estate

taxes.

2. The lease contains a termination for convenience clause.

3. The lease contains an option to renew for five (5) years.

4. The lease contains 69 use-in-common and five (5) reserved parking spaces at the

rate of $125.00 per space per month.



Remarks

1. This office has served as the agency’s administrative headquarters and employee

development center since 1999.

2. Through rigorous negotiations, the Department of General Services Office of Real Estate

achieved six (6) months of rent abatement and substantial building renovations. In

addition, the agency reduced the space by 3,065 net usable square feet.

21

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







TENANT LEASE



ITEM 11-LT



3. The renal rate commences at $18.00 per net usable square foot for years one (1) through

five (5); $19.80 for year six (6); $20.10 for year seven (7); $20.40 for year eight (8);

$20.70 for year nine (9); and $21.01 for year 10.



4. This space was acquired by sole source in accordance with the DGS Space Management

Manual, Paragraph 6-605 E., as authorized by COMAR 21.02.05.05. The Department of

General Services, in conjunction with the using Agency, recommends the approval of this

item.









Board of Public Works Action - The above referenced Item was:



APPROVED DISAPPROVED DEFERRED WITHDRAWN



WITH DISCUSSION WITHOUT DISCUSSION

22

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







CAPITAL GRANTS AND LOANS



ITEM 12-CGL



RECOMMENDATION That the Board of Public Works authorize that funds be encumbered

for the following grants:



Board of Directors of the YMCA of Central Maryland, Inc. (Baltimore County)

Catonsville YMCA (Western Family Branch)

“For the renovation and expansion of, and the construction of an addition to the

existing Western Family Branch YMCA building in Catonsville.”

$1,000,000.00 – encumber $1,000,000.00

Maryland Consolidated Capital Bond Loan of 2005 (Chapter 445, Acts of 2005)

DGS Item 046

$500,000.00 – encumber $296,900.00

Capital Appropriation FY 2007 (Chapter 216, Acts of 2006)

DGS Item 021, (SL-038-060-038)



MATCHING FUND 03/21/07 Agenda, Item 16-CGL; 02/27/08 Agenda, Item 7-CGL

(No matched required)



BACKGROUND Total Project $6,000,000.00

05-046 (This Action) $1,000,000.00

06-021 (This Action) $ 296,900.00

06-021 (Prior Action) $ 203,100.00

08-G047 (Prior Action) $ 125,000.00

08-G146 (Prior Action) $ 200,000.00

Local Cost $4,175,000.00

REMARKS

(1) This action is in accordance with the enabling legislation and complies with the tax-exempt bond

provisions of the Internal Revenue Code.

(2) The grant recipient shall consult with the Maryland Historical Trust pursuant to Sections 5A-325

to 328, State Finance and Procurement Article, Annotated Code of Maryland, and convey a perpetual

preservation easement pursuant to the terms of the enabling legislation.

(3) The Comptroller may not disburse State funds until after the Comptroller verifies that the grant

recipient has expended the matching fund and the required amount for reimbursement.



Board of Public Works Action - The above referenced Item was:



APPROVED DISAPPROVED DEFERRED WITHDRAWN



WITH DISCUSSION WITHOUT DISCUSSION

23

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







CAPITAL GRANTS AND LOANS



ITEM 13-CGL



RECOMMENDATION That the Board of Public Works certify matching funds, enter into a

grant agreement, and authorize that funds be encumbered for the following grant:



Board of Directors of the Chesapeake Bay Floating Theatre, Inc. (Charles County)

Indian Head Center for the Arts

“For the design, repair, renovation and capital equipping of the upper floor of the

Indian Head Center for the Arts, located in Indian Head.”

$23,600.30

Maryland Consolidated Capital Bond Loan of 2008 (Chapter 336, Acts of 2008)

DGS Item G061, (SL-072-080-038)



MATCHING FUND The MCCBL requires the grant recipient to provide a matching

fund and the Board of Public Works to certify a matching fund no later than

June 1, 2010. The Board of Directors of the Chesapeake Bay Floating Theatre, Inc. has

submitted evidence in the form of canceled checks and invoices that it has $47,200.60 in

eligible expenditures to meet the matching fund requirement. Documents for certification

of match were received by the Department of General Services prior to May 31, 2010.

Board of Public Works approval is also requested to reimburse the Board of Directors of

the Chesapeake Bay Floating Theatre, Inc. $23,600.30 for eligible expenditures.



BACKGROUND Total Project $47,200.60

08-G061 (This Action) $23,600.30

Local Cost $23,600.30

REMARKS

(1) This action is in accordance with the enabling legislation and complies with the tax-

exempt bond provisions of the Internal Revenue Code.

(2) The grant recipient shall consult with the Maryland Historical Trust pursuant to Sections

5A-325 to 328, State Finance and Procurement Article, Annotated Code of Maryland, and

convey a perpetual preservation easement pursuant to the terms of the enabling legislation.

(3) The Comptroller may not disburse State funds until after the Comptroller verifies that the

grant recipient has expended the matching fund and the required amount for reimbursement.



Board of Public Works Action - The above referenced Item was:



APPROVED DISAPPROVED DEFERRED WITHDRAWN



WITH DISCUSSION WITHOUT DISCUSSION

24

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







CAPITAL GRANTS AND LOANS



ITEM 14-CGL



RECOMMENDATION That the Board of Public Works certify matching funds, enter into a

grant agreement, and authorize that funds be encumbered for the following grant:



Board of Directors of the Blind Industries & Services of Maryland, Inc.

(Wicomico County)

Senior Training Center for the Blind

“For the planning, design, construction and capital equipping of the Senior Training

Center, located in Salisbury.”

$150,000.00

Maryland Consolidated Capital Bond Loan of 2009 (Chapter 485, Acts of 2009)

DGS Item G146, (SL-029-090-038)



MATCHING FUND The MCCBL requires the grant recipient to provide a matching

fund and the Board of Public Works to certify a matching fund no later than

June 1, 2011. The Board of Directors of the Blind Industries & Services of Maryland,

Inc. has submitted evidence in the form of canceled checks and invoices that it has

$302,194.50 in eligible expenditures to meet the matching fund requirement.

Board of Public Works approval is also requested to reimburse the Board of Directors of

the Blind Industries & Services of Maryland, Inc.$150,000.00 for eligible expenditures.



BACKGROUND Total Project $360,451.00

09-G146 (This Action) $150,000.00

Local Cost $210,451.00

REMARKS

(1) This action is in accordance with the enabling legislation and complies with the tax-

exempt bond provisions of the Internal Revenue Code.

(2) The grant recipient shall consult with the Maryland Historical Trust pursuant to Sections

5A-325 to 328, State Finance and Procurement Article, Annotated Code of Maryland, and

convey a perpetual preservation easement pursuant to the terms of the enabling legislation.

(3) The Comptroller may not disburse State funds until after the Comptroller verifies that the

grant recipient has expended the matching fund and the required amount for reimbursement.



Board of Public Works Action - The above referenced Item was:



APPROVED DISAPPROVED DEFERRED WITHDRAWN



WITH DISCUSSION WITHOUT DISCUSSION

25

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







CAPITAL GRANTS AND LOANS



ITEM 15-CGL



MARYLAND HIGHER EDUCATION COMMISSION



RECOMMENDATION That the Board of Public Works authorize that funds be

encumbered for the following grant:



Montgomery College – Germantown Campus

New Bioscience Education Center – Design and Construction

New 72,690 NASF/126,900 GSF biotechnology and science building which will provide

a modern teaching facility which will help supply a biotechnology workforce for the

Montgomery County area.

$16,212,870.00

MCCBL 2009/Item 030 CC-01-MC06/07/09-397



MATCHING FUND Montgomery College – $16,212,870.00

Cost sharing is 50% State share, 50% local share and is in accordance with Section 11-

105(j) of the Education Article.

BACKGROUND Total Amount State Share Local Share

Total Project $35,562,999.00 $17,781,500.00 $17,781,499.00

This Action $32,425,740.00 $16,212,870.00 $16,212,870.00

Previous Action $ 3,137,259.00 $ 1,568,630.00 $ 1,568,629.00

(24-CGL, 4/18/07)



REMARKS

(1) This action is in accordance with Procedures and Guidelines adopted by MHEC 06/02/92

and approved by BPW 06/17/92.

(2) The Maryland Higher Education Commission, the Department of Budget and Management

and the Department of General Services recommends approval. All contracts will be

awarded by Montgomery Community College and signed by local authorities.

(3) The Comptroller may not disburse State funds until after the Comptroller verifies that the

grant recipient has expended the matching fund and the required amount for

reimbursement.



Board of Public Works Action - The above referenced Item was:



APPROVED DISAPPROVED DEFERRED WITHDRAWN



WITH DISCUSSION WITHOUT DISCUSSION

26

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







CAPITAL GRANTS AND LOANS



ITEM 16-CGL



DEPARTMENT OF HEALTH AND MENTAL HYGIENE



NAME OF GRANTEE/BORROWER Community Housing Associates, Inc.

2918-B Glenmore Avenue

Baltimore, MD 21214



PROJECT NO. AND TITLE MHA-CB-03511-02

2301 North Charles Street

Baltimore, MD21218



DESCRIPTION Board of Public Works approval is requested

for the following:

1. A State grant of $247,987.00 to assist Community Housing Associates, Inc. (CHA), a

nonprofit organization, in the cost of acquiring a vacant three-story masonry (brick) row house

with basement at 2301 North Charles Street, Baltimore, Maryland 21218. CHA has a contract of

sale to purchase this property for $320,000.00 in fee simple. This building, with approximately

4,708 gross square feet of space, will be used to provide 7 studio apartment units for men and

women with mental illness. Two appraisals were obtained for the property; both have been

reviewed by the Department of General Services. The appraisals are as follows:



$330,000.00 - Terry R. Dunkin

$320,000.00 - Eugene Frahm

Based on these appraisals, the Department of General Services approved the fair market value of

the real estate at $320,000.00 in fee.



2. A Waiver of Priority and Subordination Agreement. Community Housing Associates, Inc. has

a financing agreement in the form of a $100,000.00 line of credit with Community Health

Facilities Fund (CHFF) based on the condition that the State subordinate its right of recovery to

the CHFF line of credit in the amount of $100,000.00. This line of credit, to be secured by the

North Charles Street property, is to be used to cover the acquisition costs of this property until

permanent financing is secured. The line of credit will be terminated when the permanent

financing is in place, or in March 2011, whichever comes first, at which time the State will no

longer be subordinate to the $100,000.00 line of credit.



Eligible project costs are $330,650.00. This includes $320,000.00 for acquisition; $6,500.00 for

appraisals; and $4,150.00 for a Phase I Environment Report and building evaluation, both of

which are required for due diligence. These costs will be funded as follows:

27

BPW – 6/23/10



DEPARTMENT OF GENERAL SERVICES

ACTION AGENDA







CAPITAL GRANTS AND LOANS



ITEM 16-CGL (Cont.)



AMOUNT $330,650.00



FUND SOURCE $82,663.00 (25%) - Applicant’s Share

(Department of Housing and Community

Development Partnership Rental Loan)

$247,987.00 (75%) – State’s Share MCCL

2009, Community Health Facilities Funds



REMARKS Community Housing Associates, Inc. has

provided residential services to individuals with mental illness since 1989 and currently provides

housing for 233 individuals. CHA is acquiring this building in order to provide housing for non-

elderly disabled individuals under the Bailey Consent Decree. As part of the Bailey Consent

Decree, Community Housing Associates is eligible to receive up to 300-350 Section 8 project-

based vouchers for rental assistance. However, to access the Section 8 vouchers, CHA must first

acquire the housing units. This project will allow CHA to acquire 7 studio apartment units. The

priority populations for this housing are individuals with serious and persistent mental illness

who are chronically homeless or those at risk of homelessness upon discharge from a State

hospital. A request for State funds for renovation will be submitted to the Board at a future date.

Estimated renovation costs (design and construction) are $658,610.00.



In accordance with Subtitle 6 of the Health-General Article of the Annotated Code of Maryland,

the Board’s approval is further contingent upon the State’s right of recovery being included in

the Deed(s) or otherwise recorded among the Land Records of Baltimore City.



No State funds will be disbursed until the grantee has presented suitable evidence to the

Comptroller that it has expended the required matching funds for this project. After the grantee

has met this requirement, all future invoices will be submitted to the Comptroller, who will

disburse the State portion in amounts equal to the invoices submitted.









Board of Public Works Action - The above referenced Item was:



APPROVED DISAPPROVED DEFERRED WITHDRAWN



WITH DISCUSSION WITHOUT DISCUSSION



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