TOWN OF WEST BOYLSTON, MASSACHUSETTS
REQUEST FOR PROPOSALS
FOR A GROUND LEASE AND PRIVATE DEVELOPMENT OF A
SOLID WASTE FACILITY
Pursuant to G.L. c. 30B, §16, the Town of West Boylston, Massachusetts, acting through its Board of Selectmen, is soliciting proposals for the development of a commercial solid waste transfer station and processing facility in compliance with G.L. c. 30B, §1(e) to serve the solid waste disposal needs of the Town of West Boylston. The Town owns a parcel of land located on Paul X. Tivnan Drive, containing approximately 35.5 acres, more or less, which is shown as “Parcel B” on a plan of land entitled “Plan of Land in West Boylston, Massachusetts Owned by Commonwealth of Massachusetts (Formerly Land of County of Worcester, Mass.,” dated November 4, 1999, revised June 6, 2002, prepared by R.W. Hart Associates, Inc., recorded with the Worcester South District Registry of Deeds in Plan Book 804, Page 81 (the “Property”). The Property was conveyed to the Town by the Commonwealth of Massachusetts by deed recorded with said Deeds in Book 32654, Plan 314. The Property is subject to a restriction requiring its use for “municipal services, including parks and recreational uses”. Title to the land reverts to the Commonwealth in the event the land is used for some other purpose.
G. L. c. 21H, §1 recognizes that the provision of capacity for the processing and disposal of solid waste is an essential public purpose; in addition, G.L. c. 44, §28C(g) authorizes Towns to lease property to a private entity to provide for solid waste disposal. Furthermore, G. L. c. 30B, §1(e) authorizes a town to enter into a contract with a private entity for the construction and for services at a solid waste facility to be owned by the private party and located on public land. Such a facility may provide for the disposal, recycling, composting or treatment of solid waste, and the construction of such a facility will not be not subject to the competitive bidding procedures for design and construction of public buildings or public works, although the prevailing wage law, G.L. c. 149, §26-27, will apply to laborers engaged in such construction. Therefore, where such a solid waste processing facility will provide a clear benefit to the residents of the Town, such as accepting the Town’s municipal solid waste for processing and disposal for no cost or for a cost reduced from the generally applicable tipping fee, the “municipal services” requirement of the deed restriction appears to be satisfied.
This conveyance is subject to G. L. c. 30B, §16, G.L. c. 40, §3 and the award of any ground lease and/or other agreement pursuant to this solicitation will be contingent upon a Town Meeting vote authorizing such lease and/or agreement for the proposed purpose. The Town reserves the right to reject any and all proposals, or to cancel this RFP.
RFP And Selection Process
To select a developer to implement the proposed development the Town will generally evaluate: (1) the economic benefit of the proposed facility to taxpayers and residents, (2) the nature of the proposed solid waste facility and its compatibility with the surrounding land uses, and (3) the overall environmental and community impact of the proposed use.
Copies of the RFP may be obtained by contacting the Town Administrator at the West Boylston Town Hall, 120 Prescott Street, West Boylston, MA 01583 after December 10, 2006. Telephone Number: (508) 835-3490. Potential developers are advised that any and all questions concerning the interpretation or meaning of any provision of this RFP must be submitted in writing, addressed to the Office of the Town Administrator, West Boylston Town Hall, at the above address, or by e-mail addressed to the Town Administrator, Leon A. Gaumond, Jr. at firstname.lastname@example.org no later than December 29, 2006. No verbal response to any questions posed by a potential developer shall be binding on the Town. Responses to all questions raised in writing to the Town Administrator shall be issued as an addendum to this RFP and forwarded to all developers who have requested a copy of the RFP at the address they provided for this purpose.
Pre-proposal Conference and Site Visit
A pre-proposal conference will be held in the West Boylston Town Hall (see above address) at 10:00 a.m. on Thursday, December 28, 2006 to respond to any questions concerning the RFP or the process for the award of the ground lease. This meeting will be followed by a site visit at 11:00 a.m. on the same day.
Submission of Proposals
Proposals shall be submitted in a sealed envelope clearly marked “Proposal for the Development of Town Property on Paul X. Tivnan Drive” and with the developer’s name and address. Developers shall submit eight (8) copies of their proposal. Sealed proposals shall be received in the Office of the Town Administrator, West Boylston Town Hall, 120 Prescott Street, West Boylston, MA 01583 no later than 1:00 p.m. on January 15, 2007, at which time proposals will be opened publicly.
Any cost incurred by a developer for preparation and submittal of a proposal shall be borne entirely by the developer and no costs related to the proposal will be refunded by the Town under any condition. The Town reserves the right to waive any formality in any proposal submission or reject any or all proposals or select any offer deemed to be in the best interests of the Town.
A developer may correct, modify, or withdraw a previously submitted proposal by written notice received by the Town at the address indicated above prior to the time and date for the opening of proposals. Proposal modifications must be submitted in a sealed envelope clearly marked, with the developer’s name and address and the bid title ““Proposal for the Development of Town Property on Paul X. Tivnan Drive”– Modification No. __”.
All proposals shall remain in effect for a period of 90 days from the submission deadline stated above. The Board of Selectmen shall determine the offer that is the most advantageous to the Town in its sole discretion and reserves the right to award the ground lease on the basis of the evaluation of the non-monetary characteristics of a proposal as well as the compensation offered to the Town. The Board of Selectmen shall not be required to make the award to the developer offering the highest payment to the Town.
Restrictions on Future Use
Pursuant to G.L. c. 30B, §16(a), the Determination of Availability for lease voted by the Board of Selectmen on May 17, 2006, and pursuant to subsequent votes by the Board of Selectmen, the following restrictions will be imposed on the future use of the Property:
The Town will retain title to the entire 35.5 acre parcel constituting the Property, but will grant a ground lease for that portion (approximately 10 to 12 acres) to be leased as the site for the commercial solid waste processing facility for a term of up to 40 years, subject to authorization of the West Boylston Town Meeting. The exact location of the 10 to 12 acre parcel to be dedicated to the commercial solid waste facility will be determined in negotiations with the successful developer.
The site to be leased to the private developer is to be used for the development and construction, at the developer’s sole cost and expense, of a solid waste processing facility including a transfer station for receipt and disposal of municipal solid waste and recyclable materials, and for processing of other wastes as allowed in full compliance with all permitting and regulatory requirements under local, state and federal law. Acceptable uses shall not include the construction of a landfill, incinerator or trash-to-energy facility on the offered parcel.
As a minimum public benefit to be provided by this transaction, and to comply with the deed restriction limiting use of the Property to the provision of municipal services, the successful developer shall provide the Town of West Boylston and its residents with solid waste disposal services, including a transfer station for the receipt of municipal solid waste and the processing of recyclable materials as defined from time to time by Massachusetts law. Such services shall be provided on a free or cost-reduced basis for the term of the ground lease. Provided sufficient capacity remains after acceptance of West Boylston municipal solid waste, the facility may accept additional solid waste from sources outside of the Town. Acceptance of out-of-Town wastes shall be in compliance with the terms of the facility’s site assignment and permit, and all applicable provisions of local, state and federal law.
The Town will designate an area within the 35.5 acre Property to be dedicated to park/recreational uses by vote of the Town Meeting.
The Town will also require a performance bond and labor and materials payment bond with respect to the construction of the facility to protect the interests of the Town.
The Town has determined that six acres of the Property will be dedicated as the site for a new Department of Public Works (DPW) facility, the designation of a particular location for such use is subject to a vote of Town Meeting.
The selected developer shall bear all costs of permitting, engineering and design, construction, operation and continuing maintenance of the facility throughout the term of the ground lease, and shall pay all legal costs incurred by the Town in connection with this transaction.
The successful developer shall be responsible for the cost of extending an access roadway, public water and sewer services to the site, or for providing alternative on-site facilities for such services, to meet the needs of both the commercial solid waste facility and those of the municipal park/recreation and DPW facilities to be located on the Property.
The successful developer shall pay a fee at least equal to the cost to the Town for the designing and construction of a DPW facility. The Town anticipates an estimate of this cost will be available at the pre-proposal conference.
Upon completion of the construction of the solid waste facility, and prior to commencement of operations, the developer shall provide the Town with a performance bond or other security acceptable to the Town in an amount sufficient to secure the cost of disposal of the Town’s municipal solid waste for the full term of the ground lease as contemplated in the lease and/or other agreement(s) executed between the Parties. The continued maintenance of such security throughout the term of the ground lease and/or other agreement shall be considered a material condition of the agreement between the Parties, and the failure to provide such security on a continuing basis shall be grounds for termination of the ground lease and/or other agreement.
The offered Property, with an area totaling one million, five hundred forty eight thousand and five hundred twenty four (1,548,524) square feet (35.5492 acres), more or less, situated in the Town of West Boylston, located on the northeast side of Paul X. Tivnan Drive as shown as “Parcel B” on a plan recorded with the Worcester South District Registry of Deeds in Plan Book 804, Plan 81.
No state or federal wetland resource areas have been identified on the site, and none are expected to be found. Final determination of whether any such resource areas are present will be the responsibility of the successful developer. Suitability of the site soils for the proposed use shall also be the responsibility of the successful developer.
The 35.55 acre land parcel is split by a zoning boundary with approximately 10 acres falling into the industrial zone, and the remaining area within the conservation zone. The uses of right allowed within each district is as follows:
a. agricultural uses such as farms, stock farms, greenhouses, nurseries, truck gardens, and the sale of farm or garden produce where the major part of such goods is raised on the premises;
b. municipal structures, religious buildings, cemeteries, and certain educational philanthropic, historical or charitable organizations;
c. private clubs, business associations, and professional membership organizations;
d. carriers for hire;
e. retail businesses where the major portion of goods being sold is manufactured on site;
f. eating places, except fast food and drive-in restaurants;
g. bank or financial services;
h. wholesale business;
i. personal or business services such as barber shops, dry cleaners, or print shops;
j. warehousing as an adjunct to a retail or wholesale business;
k. research laboratories;
l. light manufacturing;
m. warehousing or trucking;
n. and removal of sand, gravel or loam subject to restrictions.
· agricultural uses such as farms, stock farms, greenhouses, nurseries, truck gardens, and the sale of farm or garden produce where the major part of such goods is raised on the premises;
· and municipal structures, religious buildings, cemeteries, and certain educational philanthropic, historical or charitable organizations;
In the event the developer’s proposed project will require modification of existing zoning, the response to this RFP shall indicate the zoning changes necessary.
1. Minimum Firm Qualifications
Following are minimum qualifications that a developer must demonstrate in its proposal. Any proposal that fails to demonstrate that the developer possesses the following minimum criteria shall be rejected without any further consideration.
Corporate History, Structure, and Certificate of Vote
The developer shall identify itself by name, including without limitation corporate name or partnership name, joint venturers, if applicable, and list all officers, directors, primary stockholders, and/or partners or joint venturers involved in the proposal. Firms shall describe the corporate structure, partnership and/or nature of the joint venture, if applicable, and shall identify the role each participating partner or joint venturer will play in the proposed development and operation of the facility. All entities responding to this RFP must also certify that articles of organization or other documents appropriate to the developer entity have been filed with the appropriate state offices and provide the Town with a certified copy. The developer shall also provide a certified corporate vote or other certification of authority to submit its proposal.
Solid Waste Management Experience
The developer shall have a minimum of five years experience in the design, construction and operation of solid waste facilities. The developer shall provide information on all solid waste management facility developments, facility construction or operations contracts, or disposal contracts awarded to them over the past five years, and specify the current status of each such contract. The general description of the developer’s contractual responsibilities for each facility shall be listed. If the facility is not currently operating, the firm shall explain the reason it is no longer operating.
The developer shall identify a local municipal official and state regulatory official for each facility referenced that the Town can contact to discuss the developer’s past and ongoing operations, contract and regulatory compliance history.
Developers are encouraged to present any and all related information that demonstrates its commitment and general capability to perform the proposed services.
Each developer shall provide a summary of the permitting and enforcement history of all solid waste management facilities that it has owned, managed, constructed or operated over the last ten (10) years. Any outstanding or past consent orders, administrative orders, penalties, legal proceedings or other litigation related to each referenced facility shall be detailed in writing. For litigation, orders or penalties that remain unresolved or otherwise outstanding, the developer shall provide a current status, including the reason(s) for lack of resolution.
2. Proposed Use and Facility Description
The developer’s proposal shall describe in detail the proposed facility in terms of the improvements to be constructed on the land, the wastes to be processed, the proposed capacity of the facility, hours of operation, anticipated traffic impacts, proposed routing of vehicles entering and leaving the facility, local jobs to be created. An anticipated timeline for the permitting process for the proposed facility shall also be included.
3. Proposed Site Layout and Architectural Sketches
The developer shall submit a concept plan of the proposed facility, showing the preferred location for the 10 to 12 acre site to be leased, the proposed routes of access to the site and anticipated daily traffic impacts in terms of numbers of deliveries, project layout and overall development scheme including a depiction of areas dedicated to the various waste processing activities to be included in the project, screening and buffer zones to be provided along the site boundaries. Draft architectural renderings showing typical building style, elevations showing the transfer station layout, a landscape concept plan shall also be submitted. These plans shall be submitted on unmounted 2'x 3' sheets at a minimum of 100' scale to allow the Town to fully evaluate the project and to compare competing proposals.
4. Development Impact Analysis
The developer shall provide a brief assessment of the negative and/or positive impacts that the proposal will have on the Town of West Boylston. Describe potential mitigation measures that will alleviate the negative impacts to the Town. This impact analysis shall include at a minimum impacts on:
Water withdrawals, if any
Stormwater management using best management practices
B. Traffic Impact Analysis
1. Estimate traffic generation and the extent of impacts on local roads.
2. Address possible mitigation strategies to alleviate project impacts to the local transportation network
3. Address any need for upgrading or improvement to existing town ways providing access to the Property, and the extent to which the developer will assume such costs.
C. Municipal Infrastructure Analysis
Infrastructure assets and liabilities
a. Public safety, including possible impacts on the Town’s Police and Fire Departments
b. Roadway network, including new access roadway
c. Public utilities such as water and sewer service.
d. Provision for other utilities, including electricity, telephone/DSL or cable service needed to support the Town’s computer system.
5. Financial Benefits
The developer shall define the Host Community benefits to be provided as consideration for the award of the ground lease. Such benefits shall include as a minimum a fee to cover the costs to design and construct a DPW facility as described above. In addition, the developer shall define how the proposed development of the Property will enhance Town’s revenues on a continuing basis throughout the term of the lease, and what other economic benefits both in terms of monetary payments to the Town as well as in-kind benefits are to be provided. The following information will be included in this portion of a developer’s response: host community fee to be related to the tonnage of non-Town generated waste processed at the facility; job creation; other community benefits to be provided by the successful developer, etc. This portion of the response shall also take into consideration or identify any potential negative impacts such as infrastructure maintenance (for example roads and drainage) costs associated with this proposal and how the developer will assist the Town in meeting such costs over the term of the ground lease.
6. Payments to the Town
The developer shall set out all proposed payments to the Town in detail, including the timing and terms of payment.
7. Permitting Strategy
The developer shall include a project timeline from award of the ground lease to project build out, particularly identifying the anticipated start date for the project permitting process. The permitting strategy shall include, at a minimum, a list of required permits and approvals required for the proposed use and a timeline indicating the anticipated length of the permitting process.
8. Proposed Project Team
The following project specific information shall be included with each proposal to describe the project team; if the developer is a partnership or joint venture, identify which partner or joint venturer each individual of the project team is employed by:
A. A description of the project team;
B. The name and resume of the developer’s main contact person who will be responsible for acting as the liaison between the Town and the developer’s project team. The resume shall identify all prior projects of a similar kind for which this individual has performed a similar function, including the name, location and brief description of each project, and the name, address and phone number of an official of the local government body who worked directly with the contact person in the development of the project;
C. The name and resume of all project team members; identify the role each team member will play, for example architect, overall project manager, construction manager, etc. Each resume shall identify all prior projects of a similar kind for which the individual has performed a similar function, including the name, location and brief description of each project;
D. A clear description of the proposing business entity’s structure, including an organizational chart; and,
E. Detailed information describing similar projects completed by each member of the project team, identifying the project name, location, and the role each member played in each development.
9. Project Schedule
The developer shall provide a timeline for the project development, including permitting, design, construction phasing, completion schedule and expected full build-out of the project. The timeline shall include the anticipated date on which the facility will be available for the receipt of the Town’s municipal solid waste.
The developer shall describe in detail the source of its project financing, including any financing contingencies associated with the proposal.
11. Required Forms
Each proposal shall include the following forms:
a. A Non-collusion Certificate (Exhibit A)
b. A Tax Compliance Certificate (Exhibit B)
c. A Statement of Beneficial Interest (Exhibit C)
d. A Certificate of Authority (Corporate entities only) (Exhibit D)
Proposals will be reviewed to determine if each submission contains all required forms and certifications, as well as a complete description of the proposed development including all the categories of information outlined above under the heading of “Proposal Content”. Any proposal found to be lacking in any respect shall be considered non-responsive, shall be rejected and given no further consideration during the evaluation process.
Proposals that are determined to be responsive shall be further evaluated in light of the following criteria, and will be ranked in order of preference from most beneficial to least beneficial. An evaluation of each proposal shall state the basis for its ranking, and identify the strength and weaknesses of the proposal, both objectively and in comparison to the other proposals submitted in response to the RFP.
Preferences for Potential Development
The Town’s preference for potential development is a proposal that maximizes the development of a high quality solid waste facility by a developer with demonstrable experience and expertise in the design, construction and operation of such facilities, and which maximizes the monetary and non-monetary benefits provided to the Town.
The Board of Selectmen, in its sole discretion, shall make an award to the developer whose overall development proposal offers the most beneficial use of the Property, taking into consideration the plan of development, the proposed uses, the design, the impact on adjacent land uses and the overall character of the Town, as well as financial and non-monetary benefits provided by the proposal. The Board of Selectmen shall not be required to award the sale of any portion of the Property to the developer offering the highest purchase price. If the successful developer fails to execute a lease acceptable to the Town within thirty (30) days of an award by the Board of Selectmen, the Town reserves the right to rescind the award and to award the ground lease to another developer, or to determine not to make an award. The Board of Selectmen reserves the right to reject any and all proposals, or to cancel this RFP.
Proposals will be reviewed in light of the following criteria and given a ranking for each:
HIGHLY ADVANTAGEOUS (HA) will be assigned to a proposal that substantially exceeds the Town’s requirements in each category and which provides financial or in-kind benefits to the Town in excess of the DPW facility design and construction fee, the free or reduced-cost acceptance of the Town’s municipal solid waste and the per ton host community payment.
ADVANTAGEOUS (A) will be assigned to proposals that meet the Town’s minimum requirements and provides the minimum financial benefits to the Town.
NOT ADVANTAGEOUS (NA) will be assigned to proposals that fail to fully meet the Town’s requirements.
1. Nature of the proposed facility
HA The proposed facility will accept municipal solid waste, bulky items and white goods; provides for the composting of yard wastes; processing for all materials subject to current DEP recycling regulations and commits to expand the recycling program as regulatory changes are adopted; the developer commits to providing an annual hazardous waste collection event for household hazardous wastes; any other wastes accepted shall not include hazardous or bio-medical wastes; developer will accept municipal solid wastes from a Town curbside collection program as well as providing hours of operation for collections delivered directly by residents of the Town; the facility is open for operation at least six hours a day for five to six days per week, including Saturday operating hours for receipt of wastes from residents, in order to maximize revenues to the Town.
A The proposed facility will accept general municipal solid wastes, but does not i clude one or more of the following: bulky items and white goods; composting of yard wastes; processing for all materials subject to current or future DEPrecycling regulations; or will not provide for direct disposal of waste by residents; or hours of operation are more limited that indicated above.
NA The proposed facility will not meet the waste disposal needs of the Town.
2. Mitigation of Impacts and Prevention of Nuisances
HA The proposed facility is designed to have no significant impact from noise, dust, pests, and stormwater runoff as defined by accepted standards of the solid waste industry, and will exceed state and local standards for such impacts.
A The proposed facility minimizes adverse impacts from noise, dust, pests and stormwater runoff to below limits established in state and local regulations and provides additional mitigation for impacts.
NA The proposed facility limits impacts from noise, dust, pests and stormwater runoff to comply with state and local regulations.
3. Length of lease
HA Forty (40) years.
A Between twenty-five (25) and thirty-nine (39) years
NA Less than twenty-five (25) years
4. Hours of Operation
HA The facility will be open for operations between 7:30 am and 5 pm weekdays and
8 am and 4 pm on Saturdays
A The facility will be opened for operations for fewer hours than indicated above on weekdays only, and closed on Saturdays.
NA The proposal does not commit to specific operational hours.
5. Experience of the Developer
HA The developer demonstrates more that 15 years of successful development and operations experience in the solid waste industry with similar facilities and operations.
A The developer demonstrates more than 10, but less than 15 years of successful development and operations experience in the solid waste industry with similar facilities and operations.
NA The developer demonstrated less than 10 years of successful development and operations experience with similar facilities and operations.
6. Truck routes
HA The proposal demonstrates that the proposed truck routes will utilize state roads to the extent possible and minimize travel on town roads. Trucking routes avoid residential neighborhoods to maximum extent possible. Trucking operations utilize large trucks to minimize the number of trucks entering and leaving the facility. Developer is willing to accept truck route changes to address local traffic concerns as required during the term of the lease. Developer provides primary truck route sweeping on a weekly basis.
A The proposal demonstrates that the proposed truck routes will utilize state roads to the extent possible and minimize travel on town roads. Trucking operations will utilize large trucks to minimize the number of trucks entering and leaving the facility. Developer provides primary truck route sweeping on at least a monthly basis.
NA The proposal demonstrates that the proposed truck routes will not travel on state roads to the maximum extent possible nor minimize travel on town roads. Travel on town roads also includes unacceptable impacts on residential neighborhoods.
7. Solid Waste Operation Permit History
HA Developer has not been found in violation of any state, federal or local permit and has not been subject to consent or administrative orders at any facility they own or operate for the past ten (10) years. In addition, the developer has not been subject to lawsuits, legal action, forced arbitration, or mediation in relation to the operation of any solid waste facility for the past ten years.
A Developer has not been found in violation of any state, federal or local permit and has not been subject to consent or administrative orders at any facility they own or operate for the past five (5) to ten (10) years. In addition, the developer has not been subject to lawsuits, legal action, forced arbitration, or mediation in relation to the operation of any solid waste facility for the past five (5) to ten (10) years.
NA Developer has been found in violation of a state, federal or local permit; has been subject to consent or administrative orders at a facility they own or operate or has been subject to forced arbitration or mediation in relation to the operation of any solid waste facility within the past five (5) years.
8. Community Benefits
HA Developer will provide the Town a fee equal to the cost of designing and constructing a DPW facility as indicated in this RFP, will accept the Town’s municipal solid waste at no cost, will pay the Town a per ton host community fee based on tons of wastes that are not the Town’s MSW of four dollars per ton or more, with an annual escalator clause tied to increases in the CPI for the Boston metropolitan area; and will provide additional one-time or continuing financial benefits over and above those required in this RFP.
A Developer will provide the Town a fee less than equal to the cost of designing and constructing a DPW facility as indicated in this RFP, will accept the Town’s municipal solid waste at no cost or a reduced fee, will pay the Town a per ton host community fee based on tons of wastes that are not the Town’s MSW of at least three dollars but less than four dollars per ton, with an annual escalator clause tied to increases in the CPI for the Boston metropolitan area.
NA Developer will provide the Town a fee less than equal to the cost of designing and constructing a DPW facility as indicated in this RFP, will accept the Town’s municipal solid waste at a reduced fee, will pay the Town a per ton host community fee based on tons of wastes that are not the Town’s MSW of at least two dollars but less than three dollars per ton, with an annual escalator clause based on a formula other than the CIP as stated above, or without an escalator.
Proposals will be rated as indicated above. The Selectmen shall assign a composite rating to each proposal and hall prepare a narrative evaluation of the overall advantages and disadvantages of each proposal. References familiar with the past performance and experience of the developers shall be contacted. The Board of Selectmen, in its sole discretion, shall determine the most qualified developer offering the most advantageous proposal taking into consideration the nature of the proposed facility and the financial and in-kind benefits to the Town. The Board expressly reserves the right to award the ground lease to a developer other than the one offering the highest payment to the Town. The award of the ground lease to the successful developer by the Board of Selectmen shall be contingent upon the approval of the West Boylston Town Meeting.