Attachment B Royalston Solar RFP~2.pdf

Town of Royalston RFP Solar Photovoltaic Project at Royalston Landfill

ATTACHMENT B: SCOPE OF SERVICES

TOWN OF ROYALSTON

SOLAR PHOTOVOLTAIC PROJECT AT ROYALSTON LANDFILL

Solar Generating Facility Project

The Town seeks proposals for the Royalston Landfill (Site) to explore (Proposers) that would allow a selected renewable energy developer (Developer) to install a Solar Generating Facility (SGF) at the Royalston Landfill for a period of time not to exceed thirty (30) years that includes site preparation, construction, operation, extensions, and decommissioning. The SGF design and feasibility must be determined by the Proposer and must include the use of available open space on the Site and shall propose, if necessary, additional land clearing and site preparation for expansion of the SGF. The Town of Royalston is interested in Proposers who propose 1-6 MW AC SGF facilities. The Town of Royalston requires the Proposer to bear all project-related costs which includes operation and maintenance of the facility during the 30-year time period.

The selected Developer will be responsible for performing and paying costs associated with the design;

permitting; equipment procurement; site preparation which may include but is not limited to: tree clearing, grading, grubbing, etc.; installation; interconnection; insuring; operating; maintaining; and reporting; and any other cost associated with the construction and maintenance of the SGF. The Proposer shall identify all proposed lease payments, energy savings, revenue, taxes, or other compensation.

Conceptual Site Layout Requirements

Each Proposer shall include in their proposal a conceptual site plan depicting: proposed SGF layout;

existing landfill limits; transfer station facilities; proposed access roads; interconnection route; existing wetlands and buffer zones; existing forested area; areas proposed for clearing; Battery Energy Storage Facilities (BESS), if proposed; proposed fencing and screening; total acres disturbed; and total acres permanently converted.

The Town of Royalston reserves the right to negotiate the final project footprint and limits of disturbance.

Developer Qualifications

The Proposer shall demonstrate its experience, financial capacity, and ability to successfully develop, finance, construct, own, operate, and decommission an SGF. The proposal at a minimum shall include:

Company history and ownership structure Description of at least three (3) utility-scale solar projects currently operating in New England Description of at least one (1) solar project located on a landfill, brownfield, or previously disturbed area Names and contact information for project references Disclosure of any bankruptcy filings, defaults, litigation, regulatory violations, or enforcement actions occurring within the last ten (10) years Evidence of financial capability to complete the proposed project

Identification of any parent company, guarantor, or affiliated entity expected to support project financing or ownership

The Town of Royalston reserves the right to request additional financial information, or a parent company guarantee prior to the contract award.

Landfill Site Work and Restoration

The selected Developer will be responsible for all site work related to the landfill and the impact the SGF will have on the environmental conditions of the Site, this includes permitting, design, site preparation, construction, and maintenance related to the landfill landscape (erosion controls, drainage swales, slope, landscaping, etc.).

The Town will require protection and repair of the landfill cap, drainage improvements, monitoring systems, access roads, utilities, and Transfer Station operations.

The selected Developer will be responsible for adhering to the requirements regarding the landfill cap per the Massachusetts Department of Environmental Protection (MassDEP) regulations.

The selected Developer will be responsible for decommissioning, site restoration, financial security, insurance, indemnification, and removal of all equipment at the end of the agreement.

Timber Valuation and Forest Resource Protection

All merchantable timber located within areas proposed for project development shall remain the property of the Town unless otherwise approved in writing by the Town. No clearing shall occur outside approved project limits.

Prior to commencement of any clearing activities, the selected Developer shall obtain an independent timber appraisal prepared by a Massachusetts Licensed Forester or other qualified forestry professional acceptable to the Town. The appraisal shall estimate merchantable timber volumes, species composition, stumpage value, harvesting costs, and anticipated net value. The Developer shall provide the appraisal to the Town for review before clearing begins.

Unless otherwise approved by the Town, the Town shall receive one hundred percent (100%) of the net stumpage value of merchantable timber removed from the project area. The Town reserves the right to independently market, harvest, remove, or otherwise dispose of timber resources prior to project construction. The Developer shall coordinate its construction schedule with any Town-directed timber disposition process.

The Developer shall be responsible for all costs, labor, equipment, access, erosion control, restoration, and permitting associated with clearing, grubbing, stump removal, grading, and site stabilization. Any areas disturbed but not used for project construction shall be restored by the Developer to conditions acceptable to the Town.

All clearing and timber harvesting activities shall comply with applicable federal, state, and local requirements, including Massachusetts forestry requirements where applicable, the Town of Royalston Zoning Bylaw, wetlands requirements, erosion and sedimentation controls, and any conditions imposed by the Town or regulatory agencies.

Permitting

MassDEP is the issuer of landfill post closure use permits. The Town, as landfill owner, may also be a permittee. The selected Developer should prepare and pay for the application while coordinating with the Town. The Site is zoned in a Solar Overlay District which allows solar facilities by site plan review. The Town of Royalston is the owner of the Site and has authorization to enter into a long-term lease contingency upon a Town Meeting vote.

The selected Developer will be responsible for interconnection studies and upgrades, utility approvals, zoning, building, electrical, conservation, and other required permits.

The selected Developer will be responsible for applying for and paying all permitting related to the SGF, this includes town, state, and MassDEP related permits.

Interconnection Risk

The selected Developer shall be solely responsible for all utility and interconnection costs associated with the Project, including feasibility studies, system impact studies, detailed studies, distribution upgrades, transmission upgrades, substation upgrades, utility-required equipment, metering, protective equipment, telemetry, and other utility-required improvements. Execution of a lease, power purchase agreement, or development agreement by the Town shall not be construed as a representation, warranty, or guarantee that interconnection capacity is available.

The Town shall bear no responsibility for utility-related costs unless expressly agreed otherwise in a written agreement approved by the Town. The Developer shall keep the Town reasonably informed regarding utility study results, cost estimates, timing, and any material change in project feasibility. Please see Attachment A for a current description of grid infrastructure around Site.

Development Deadlines

The selected Developer shall achieve the following milestones:

Milestone Deadline Site Control Agreement Execution TBD Utility Interconnection Application TBD Permit Applications Submitted TBD Financing Secured TBD Construction Commenced TBD Commercial Operation TBD

Insurance

Prior to any site activity, the selected Developer shall provide certificates of insurance acceptable to the Town and shall name the Town of Royalston and its officers, officials, employees, agents, and boards as additional insureds where applicable. Minimum coverage shall include Commercial General Liability of not less than $5,000,000 per occurrence or combined primary and umbrella coverage, Automobile Liability of not less than $1,000,000, Workers Compensation as required by law, Employer’s Liability, and Pollution Liability.

The Developer shall indemnify, defend, and hold harmless the Town, its officers, officials, employees, agents, boards, and representatives from and against claims, damages, losses, liabilities, penalties, enforcement actions, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to the Developer’s design, permitting, financing, construction, operation, maintenance, decommissioning, timber clearing, environmental impacts, interconnection activities, or breach of project agreements, except to the extent caused by the Town’s gross negligence or willful misconduct.

Decommissioning

Prior to issuance of any building permit or commencement of construction, the Developer shall provide decommissioning financial security acceptable to the Town in the form of an irrevocable letter of credit, surety bond, performance bond, escrow account, or other security approved by the Town. The security shall be in an amount sufficient to pay for complete removal of the Project and restoration of the Site.

The decommissioning amount shall be based on an estimate prepared by an independent Massachusetts Professional Engineer acceptable to the Town and shall include, at minimum, removal and lawful disposal or recycling of solar panels, racking, foundations, inverters, transformers, electrical equipment, BESS equipment if applicable, fencing, access improvements if required by the Town, and site stabilization and restoration. The estimate shall not rely on salvage value unless approved by the Town.

The decommissioning estimate and financial security amount shall be reviewed and updated at least every five (5) years and more frequently if required by the Town, regulatory permit, or project change. The Developer shall restore or increase the financial security amount as necessary to maintain adequate coverage.

Abandonment

The Project shall be deemed abandoned if electrical generation ceases for twelve (12) consecutive months without written authorization from the Town, excluding outages caused by force majeure, utility-directed curtailment, or maintenance periods approved by the Town. Upon abandonment, the Town may require the Developer to commence decommissioning and site restoration. If the Developer fails to do so, the Town may draw upon the decommissioning security to complete decommissioning and restoration.