The Gibbs Property – Request for Proposals (RFP)

Thompson Street, Middleborough, MA

The Gibbs Property – Request for Proposals (RFP)

Thompson Street, Middleborough, MA

I. Overview:

  1. Invitation for Proposals:

The Middleborough Conservation Commission (Commission) is inviting proposals for a lease for an agricultural and/or horticultural opportunity within the historic section of East Middleborough on Thompson Street. Thompson Street is predominantly agricultural and there is a long standing history of neighbors helping neighbors. The property involved is known as or referred to as the Gibbs Property.

The use of the Gibbs Property would include agricultural and/or horticultural activity and associated activity that is allowed within the approved conservation restriction (CR) – See attached. The Gibbs Property comprises 12.54 acres of land at Middleborough Assessors Map 24, Lot 4933 on Thompson Street.

  1. Summary of the Middleborough Conservation Commission, mission and goals

The Commission, as a land stewardship agency, is charged with the oversight and control of conservation land located throughout the Town of Middleborough. Part of the Gibbs Property was classified under General Laws Chapter 61 (Forestry) and there is also a fielded area.

The Commission is seeking proposals for the agricultural and/or horticultural use of the Gibbs Property that will result in the reuse and maintenance of the land that is consistent with the Conservation Restriction. Responses are encouraged from a range of proposers and may be submitted by individuals, partnerships or organizations, for-profit or not-for-profit. The agricultural and/or horticultural use and maintenance may include such uses as the cultivation and harvest of hay, grains, fruits, vegetables, berries, nuts and other foods for human consumption or feed for animals, or for the purpose of selling such products in the regular course of business; and the raising of animals, including but not limited to dairy cattle, beef cattle, horses, sheep, goats, and bees, for the purpose of selling such animals or a products derived from such animals in the regular course of business, together with activities that are customary, necessary or incidental to the cultivating, raising, and harvesting of said plants and animals, or preparing them for market.

All proposals should respect the fact that the site is bounded on 3 sides by privately owned land.

  1. Description of Program
  1. Goals

The Commission would like the Gibbs Property to be utilized as an agricultural and/or horticultural property so to continue the long tradition in farming that Thompson Street is known for. The Commission intended to achieve the following goals:

  • Restoration and maintenance of the farm field on the property.
  • Productive use of the land in a way that benefits the lessee, the Commission, the town and the general public.
  • Protection of the rural character of the site and setting within the context of the surrounding properties.
  • To continue the long history of farming in an area of town that is known for being a farming community.
  1. How it will work

Under the program, the Commission will enter into a long term lease with the lessee who provides the maintenance, agricultural and/or horticultural management of the land. The use of the property must be performed to the standards set forth within the Conservation Restriction.

  1. Purpose of RFP

The purpose of this RFP is to identify and select a lessee that:

  • Is committed to the maintenance, agricultural and/or horticultural management of the Gibbs Property.
  • Understands and accepts the challenges of leasing a property owned by the town and is public.
  • Appreciates the value of the land for its potential agricultural and/or horticultural use.
  • Plans to utilize the property for agricultural and/or horticultural purposes in an environmentally friendly and responsible way.
  1. Property Information
  1. Location and Description

The Gibbs Property is located on 12.54 acres in-between 217 & 231 Thompson Street. A large amount of the property is a field; there is an upper field and a lower field, and there are areas with mature trees. There was a forestry plan for these forested areas in 2000.

  1. Lease Boundary

The general proposed lease boundary is the extent of the parcel boundaries for the parcel labeled as Lot #2 located between 217 & 231 Thompson Street. See above plan

  1. Lease Term

The Commission will execute a five-year lease agreement, with an option to extend. Both the Commission and Proposers may suggest an alternate lease term. The specific terms of the lease agreement will be determined upon the selection of the most advantageous proposal.

  1. Development Issues

There is the opportunity to have access right off of Thompson Street as the property has 540.17 feet of frontage on Thompson Street, however some brush will need to be removed to create this access.During the spring months water has been observed to flow through the field areas. If the fields are utilized for growing hay or other horticultural use the soils may need to be improved via soil amendments. There is no connection to town water or sewer on site. There is currently no irrigation available.

There are also some wetlands on the property and any proposed work within or within 100-feet of these areas is subject to review by the Middleborough Conservation Commission under the Wetlands Protection Act M.G.L. Chapter 131 Section 40. (See attached Wetlands Map, which show approximate wetland areas)

  1. Lease Requirements
  1. General Requirements

The Commission considers leasing the Gibbs Property and a means to properly managing and protecting these holdings for permanent preservation. The property will only be leased if the following use conditions are met.

  1. The proposed use(s) are compatible with the mission of the Conservation Commission and the Conservation Restriction;
  2. The proposed use(s) are compatible with the public’s enjoyment of the resource per the Conservation Restriction;
  3. The proposed improvements and use of the property are compatible with the quality and significance of the resource;
  4. The proposal for use is formulated that it is likely to provide a public benefit to the citizens of Middleborough; and
  5. All proposed improvements and any future approved improvements or maintenance are carried out by person(s) sufficiently qualified and licensed, as necessary; that all necessary permits are properly acquired and that the individual(s) to whom the permits have been issued are covered by liability insurance in an amount acceptable to the Town of Middleborough.
  6. Any proposed improvements and use thoroughly consider the use of environmentally sustainable products and practices.
  1. General Lease Terms
  1. All parties to the lease and any responsible parties for notice under the lease, must be named in the lease.
  2. The proposal submitted by the proposer who is awarded the lease shall be incorporated into the lease by reference
  3. The duration of the lease shall be 5-years, with an option to renew annually thereafter, up to an additional 5-years beyond the initial duration of the lease.
  4. The Commission intends that, under the lease, the tenant shall have sole responsibility for:
  1. Maintaining and managing the property in conformance with the proposal as approved and selected by the Conservation Commission as set forth in the Lease and per the Conservation Restriction.
  2. Maintaining and managing the property in conformance with all terms of the lease and with all necessary and applicable federal, state and local permits, laws and regulations.
  3. Maintaining General Liability Coverage, naming the Town of Middleborough and the Middleborough Conservation Commission as additional insured with limits of $1,000,000 Occurrence and $3,000,000 General Aggregate.This item can be further negotiated.

The following terms will be mandatory in any lease agreement undertaken by the Commission in conjunction with the lease award.

  1. Review and Inspection
  1. Review under the Massachusetts Wetlands Protection Act and the Town’s Water Resource Protection District By-law

Any activity proposed at the site that is proposed within a wetlands resource area or within the designated buffer zone of such an area will be subject to all necessary and required reviews by the Conservation Commission subject to M.G.L. Chapter 131 Section 40 and implementing regulations 310 CMR 10.00 et seq.

  1. Inspections: The Conservation Commission reserves the right to inspect any and all work performed under the lease. The lessee is responsible for compliance with any and all federal, state or local regulations.
  1. Process for Submitting Proposals
  1. Schedule

Following the release of this RFP, the proposal selection process will be completed in approximately 3 months. The process will include:

  • An open site inspection prior to submittals will be on Saturday, April 25, 2015 at 2PMto allow prospective tenants to view and inspect the property
  • Evaluation of the responses according to a list of criteria – within one month following the submission deadline
  • Selection of and interview with finalists – within one month following receipt of submissions
  • Final Selection – within one month following interviews
  • Award of lease
  • Execution of the lease
  1. Submission Requirements

Procedures under this invitation require that the price proposals be confidential and separate from the technical proposals. Selection will be made after taking into consideration the overall most advantageous proposal based on the evaluation criteria specified in section VIII. Proposal Evaluation and Selection Procedure below.

The following must be submitted by4 PM, Thursday, May 14th, 2015

  1. Price Proposal

The price proposal should include the amount of rent or fee to be paid to the Commission for the use of the property and the proposed payment schedule. If the responder proposes to perform work on the property, such as repairs or maintenance, in lieu of rent, the details of what work would be performed and how that work would discount payment must be provided.

  1. Technical Proposal

Proposals should follow the outline and supply all of the information described below, and should demonstrate the ability of the potential Tenant to undertake the challenges associated with the proposal. Proposals should be persuasive as to their feasibility and should reflect an understanding of the qualities of the property and their value. It is intended that the substance of a Proposal, as approved by the Commission, will be incorporated into all agreements and real property transactions which may result from the process. A cover letter should accompany any proposal. Proposals must include responses to all applicable sections of this RFP as detailed below:

  1. Applicant Information

List the names, addresses and telephone numbers of all principals, partners and others participating in the project.

  1. Statement of Qualifications

Provide a statement describing past experience and qualifications for managing the property and the operation of any proposed uses. As much as possible, this statement should reflect experiences similar to the uses and activities proposed for the property. Attach resume(s) if applicable.

  1. Agricultural and/or Horticultural Use Concept

This concept shall provide a detailed description of the total development concept for the property. The summary should provide a narrative description of the proposed improvements, use and maintenance of the property. Illustrative plans or other graphic materials may be included but are not required. Address each of the below items. Include a schedule of milestones for major improvements and management goals.

  1. Narrative Proposal Summary;
  2. Public Benefit: Describe the public benefit of the proposed use
  3. Sustainability: Describe, if applicable, how the use will address environmental sustainability and accessibility issues
  1. Statement of Tax Compliance

The following tax compliance statement must accompany all proposals.

Pursuant to M.G.L., c. 62E, §49A, I certify under penalties of perjury that ______(insert full name of proposer) has complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

Federal Tax ID No. Signature

*No contract or other agreement for the purposes of providing goods, services or real estate space to any… agencies [of the Commonwealth] shall be entered into, renewed or extended with any person unless such person certifies in writing, under penalties of perjury, that he had complied with all laws of the Commonwealth relating to taxes.

  1. Disclosure Statement Concerning Beneficial Interest

See attached disclosure statement

  1. Conflict of Interest

The Proposer covenants that he/she will not employ or retain any company or person (other than a full-time bona-fide employee working for the Proposer) to solicit or secure any agreement related to this RFP, and that he/she has not/will not pay any company or person (other than such any employee) any gift, contribution, fee, commission, percentage, or brokerage fee, contingent upon resulting from the execution of any agreements.

  1. Anti-Discrimination

The proponent agrees that in the construction of the improvements and otherwise through any agreements made hereafter, it shall cause all contractors, tenants and users to comply with all applicable laws, ordinances, regulations and order from time to time in effect relating to nondiscrimination, equal employment opportunity, contract compliance and affirmative action.

  1. Submitting Proposals

NOTE: Price proposals must be kept entirely separate from technical proposals. Failure to follow this instruction will result in rejection of the proposal.

  1. Price Proposals must be kept entirely separate from technical proposals.
  2. Eight (8) Copies (one unbound) each of the Price Proposal and the Technical Proposal, are to be submitted.
  3. The Copies of the price proposals shall be submitted in a separate, sealed envelope, clearly labeled “Price Proposal, Gibbs Property RFP” and contain the name, address and phone number of the proposer.
  1. Technical Proposals shall be submitted in a separate, sealed envelope, clearly labeled “Technical Proposal, Gibbs Property RFP”
  1. Proposals should be submitted as follows and are to be received no later than

4 PM, Thursday, May 14th, 2015

Robert Nunes

Chief Procurement Officer

Office of the Town Manager

Town of Middleborough

10 Nickerson Avenue

Middleborough, MA02346

  1. Proposals received after the deadline will be rejected. Proposers are requested to examine this Request for Proposals. The Commission assumes no responsibility for a proposal submitted on the basis of an incomplete Request for Proposals package. Proposers are expected to review all requirements and instructions of this Request; failure to do so will be at the Proposer’s risk. Each Proposer should furnish all the information required by this Request. The Commission reserves the right to waive informalities in any Proposal, and may, if it determines that such action is in the best interests of the Commission, select a Proposal which does not conform in all details with the requirements of this Request. Likewise, the Commission reserves the right to reject any and all Proposals, to waive technical or legal deficiencies, and to accept any proposal that it deems to be in the best interest of the Town of Middleborough. This Request does not commit the Commission to enter into any disposition of real property interest; or to pay any costs, including costs associated with any studies or designs, incurred by any party in the preparation and submission of a Proposal. Proposals will not be returned but will be retained by the Commission for the official record.
  1. Inquiries and Explanations

All inquiries concerning this Request for Proposals should be directed to:

Patricia J. Cassady, Conservation Agent

Gibbs Property RFP

20 Centre Street, 2nd Floor

Middleborough, MA02346

508-946-2406

Any explanation desired by a Proposer regarding the meaning or interpretation of this Request must be submitted in writing and with sufficient time allowed for a reply to reach the Proposer prior to the submission of their Proposal. Verbal explanations or instructions shall not be binding on the Commission. Any information given in writing to a prospective Proposer will be furnished to all known prospective proposers and known recipients of the RFP at the time of the question if such information is deemed to be necessary to Proposers in their preparation and submission of Proposals, or prejudicial to uninformed Proposers if they were to lack such information.

  1. Proposal Evaluation and Selection Procedure
  1. Evaluation Team

An Evaluation Team composed of staff, Commission members and other individuals whose interest or expertise qualifies them to adequately evaluate the proposals will be convened. This Evaluation Team will review all submissions from proposers and make appropriate recommendations to the Commission.

  1. Criteria for Evaluation

The following criteria will be used in evaluating all proposals:

The proposal

  1. Is within the scope and nature of the agricultural and/or horticultural use concept;
  2. meets the goals and guidelines of this RFP;
  3. demonstrates ability, capacity and experience of the Proposer;
  4. demonstrates evidence the Proposer has the financial resources to undertake the project;
  5. is, in scope and nature, a public benefit to the citizens of Middleborough
  6. represents the highest and best use of the property consistent with the Conservation Restriction and the purposes and criteria set forth in this RFP;
  7. demonstrates environmentally sound and responsible use and management.
  1. Selection Process
  1. Review of Proposals

The Evaluation Team will review and analyze all Proposals based on the evaluation criteria described in this Request for Proposals based on the evaluation criteria described in this Request for Proposals. During this process the Commission may terminate further consideration of any Proposal at its own discretion; it may also request that a Proposer submit additional information.

  1. Interviews/Presentations of Proposals

The Commission anticipates that it will invite selected proposers to discuss their Proposals in person prior to making a final decision.

  1. Proposal Selection

Upon completion of its review of all accepted Proposals the Evaluation Team will make a recommendation to the Commission, which is the awarding authority. The Commission reserves the right to request further information from a Proposer prior to final selection. The Commission reserves the right to waive any informalities.