Chelmsford Forum RFP Package 2018.pdf

Chelmsford Forum RFP - 1 01/29/18

TOWN OF CHELMSFORD

REQUEST FOR PROPOSALS

OPERATION OF CHELMSFORD FORUM ICE SKATING RINK

The Town of Chelmsford, acting through its Town Manager, hereby invites sealed proposals for the operation of the Chelmsford Forum Ice Skating Rink. Separate Price and Non-Price proposals pursuant to General Laws Chapter 30B are required. Request for Proposal documents and Proposal Forms may be obtained from the Office of the Town Manager, Town Offices, 50 Billerica Road, Chelmsford, MA 01824, (978) 250- 5289 between the hours of 9:00 a.m. and 4:00 p.m., Monday through Friday. Separate sealed envelopes each of which shall be clearly identified on the outside with either the “TECHNICAL PROPOSAL-CHELMSFORD FORUM" or the "PRICE PROPOSAL- CHELMSFORD FORUM" shall be sealed together in a third envelope clearly identified on the outside as "PROPOSAL TO OPERATE THE CHELMSFORD FORUM" with the name of the proposer clearly identified on the outside of all three envelopes. One original and one copy of the sealed proposals must be submitted to the above named office, by 10:00 a.m. on March 7, 2018. Each original proposal must be accompanied by a proposal deposit in the form of a bid bond issued by a surety company licensed by the State Division of Insurance, or a certified check, or a treasurer's or cashier's check issued by a responsible bank or trust company, payable to the Town of Chelmsford. Such proposal deposit shall be in the amount of seven thousand five hundred dollars ($7,500).

The amount of said deposit will be forfeited to the Town of Chelmsford as liquidated damages in the event that the proposal is accepted and the proposer fails to enter into a contract and provide a satisfactory performance bond within fourteen (14) days of proposal award. In the event the proposal is not accepted, the deposit will be returned to the proposer. Proposals may not be withdrawn within sixty (60) days after the date of opening. The Town Manager will award the contract and reserves the right to reject any and all proposals and to make such award as it may determine to be in the best interest of the Town of Chelmsford.

Paul E. Cohen Town Manager

Chelmsford Forum RFP - 2 01/29/18

REQUEST FOR PROPOSALS

OPERATION OF THE CHELMSFORD FORUM ICE SKATING RINK

I. PURPOSE

The Town of Chelmsford, acting through its Town Manager, is soliciting proposals from interested and qualified ice skating rink operators to manage, operate and maintain the Chelmsford Forum as a first class ice skating facility without expense to the Town of Chelmsford. The services to be provided include management, maintenance, operation and improvement of the rink as a public rink in accordance with a formal management agreement. The successful proposer shall continuously operate the Chelmsford Forum as an ice skating rink available for use by the general public with sufficient personnel to maintain the building and grounds, collect fees, schedule ice time and insure a continuous operation for the minimum period from September 1 through April 30.

II. SCHEDULE

The management services will commence on July 1, 2018 or on the date thereafter when the formal management agreement is executed.

Requests for Proposals issued – January 29, 2018

Proposal submission deadline – @ 10:00 am – March 7, 2018

III. BACKGROUND

For the last 20 years, the Town of Chelmsford has leased the Chelmsford Forum, the ice skating facility formerly operated by the University of Massachusetts at Lowell, from the Commonwealth of Massachusetts, through a Special Act of the Massachusetts Legislature, and is now purchasing the Forum from the Commonwealth. Pursuant to the proposed deed, the University would have limited use of the rink and other restrictions provide rental rights to certain nonprofit youth associations. The facility is located on approximately 15 acres which is divided by the Chelmsford and Billerica town line. The building is larger than most and offers a full array of amenities including seating for 3200, several locker rooms, concessions stand, two separate office suites, meeting space, ticket booths, and skate sharpening space.

IV. DECISION TO USE REQUEST FOR PROPOSAL PROCESS

It is essential that the Town of Chelmsford retain the services of an ice skating management firm with adequate background to operate the Chelmsford Forum in a manner such that the residents of Chelmsford will be provided with an ice skating facility that is professionally managed, expertly maintained and properly staffed. Therefore, the

Chelmsford Forum RFP - 3 01/29/18

Request for Proposal process will enable the Town to provide appropriate ratings to those management firms, and their key personnel, whose experience in public ice rink operation and management are beyond the minimally adequate number of years of experience for ice rink operation.

V. SERVICES REQUESTED AND TERMS

To meet the goals stated in Section IV above, interested parties must submit proposals that reflect the following general terms:

A. Season of Operation: Rink manager may keep the rink open for as long a season as it sees fit to meet demand, provided the rink is closed at least one month per year for maintenance and resurfacing and to avoid permafrost damage. The rink must be open for a minimum season of September 1 through April 30.

B. Hours of Operation: Rink manager may set hours of operation as it sees fit provided hours of operation are in compliance with local and state ordinances, and the Town’s minimum operating season.

C. Ice Time Rates: Current ice time rates are: 50-minute hour - $265.00; 60 minute hour $313.00. There shall be a cap on the increase of ice rental fees of $5.00 per year unless approved by the Town. Admission fees for public skating shall not exceed $5.00 per person for year one, $6.00 for years two and three and $7.00 for years four and five.

D. User Groups: Ice time at the Chelmsford Forum will be generally allocated among the following users: High School Hockey, Youth Groups, General Public Skating, College Hockey, and Adult organizations or informal groups (see attached Master Schedule). Chelmsford Youth Hockey rates shall not exceed rates charged to any other organization; however, proposers are encouraged to submit proposals that provide favorable or discounted ice rental fees to Chelmsford High School Hockey and Chelmsford Youth Hockey. Ice time may be allocated at the discretion of the operator within the following restrictions:

1. Pursuant to the deed restrictions, any nonprofit youth association which used the

Chelmsford Forum ice rink from September 1, 1997 to August 31, 1998, shall continue to have rights to rent use of the facility, and keep the ice hours they presently rent at equal or better ice times.

2. The Town of Chelmsford shall have the right of first refusal for any remaining additional ice times, followed by any nonprofit youth association which draws primarily from residents of the Town of Chelmsford, and followed by any nonprofit youth associations using the Forum between September 1, 1997 and August 31, 1998. Notice of any changes in scheduled ice time shall be provided to the user who was re-scheduled with as much notice as possible. The town of Chelmsford shall be notified of any such changes by email or regular mail.

Chelmsford Forum RFP - 4 01/29/18

3. Pursuant to the deed restrictions, the University of Massachusetts at Lowell shall have the right, at no cost, to schedule University hockey practices in the Forum, provided that such practices shall not occur more than five days per month, on average, for those months during which the University hockey team is in season.

4. General skating sessions must be provided for several times per week including daytime and weekend hours.

5. Rink manager must comply with all restrictions included in the deed or enabling legislation. See Attached Proposed Deed and Legislation

6. Chelmsford High School Hockey and Chelmsford Youth Hockey shall maintain their respective, existing team rooms at the rear of the arena. Meeting space shall be dedicated for exclusive use by Chelmsford Youth Hockey; provided, however, that the rink manager shall review any proposed renovations and agree on a use policy so the space is maintained and secured for appropriate uses.

7. A portion of dasher advertising space shall be set aside for Chelmsford High School Hockey and Chelmsford Youth Hockey for potential fund raising.

E. Concession Agreements: Rink manager will assume management control of concessions and may operate them directly or enter into agreements with other parties for the delivery of associated services.

F. Building, Grounds and Equipment Maintenance: Rink manager will be responsible for keeping building and equipment, including the existing refrigeration system, in good working condition, and grounds in presentable and quality condition. Operator will be restricted from making any permanent alterations without the written prior approval of the Town. The operator shall be solely responsible for all capital infrastructure repair and replacements up to the limit the operator proposes to devote to capital improvements.

Proposals should clearly identify a maintenance regimen that can be tracked and documented. Proponent must document knowledge and expertise for maintenance of complex refrigeration systems, physical plant and infrastructure.

G. Capital Repair and Replacement: Proposals should provide for a program of capital repairs and replacements over the next five years, and identify a revenue source to sufficiently fund both scheduled and unscheduled and unanticipated repair and replacement needs. Capital Plan should detail scheduled repairs, anticipated costs and revenue identification sufficient to fund plan, as well as unanticipated repair or replacement needs.

H. Utilities, Compliance and Taxes: Rink manager shall pay for all utility expenses, code compliance (including but not limited to air quality standards, health related standards, non-structural/infrastructure related building code items including but not

Chelmsford Forum RFP - 5 01/29/18 limited to fire suppression systems, alarm systems, temperature controls, cleanliness, painting, light elements replacement, safety and security components, etc.) and pay all taxes applicable to the operation of the Forum (including but not limited to personal property and real estate taxes). See Attached Tax Estimate.

I. Performance Bond: Rink Manager shall be required to post a one-year performance bond, at the beginning of each year of the agreement, which the Town of Chelmsford may access to continue operations in the event the operator defaults on it obligations to perform services. Said performance bond shall be in a minimum amount of $50,000. Said bond must remain in full force and effect for a minimum of 30 days after the last date of the contract agreement.

J. Insurance: Successful proposing rink manager must submit to the Town, within 14 days of proposal award, a Certificate of Insurance in amounts not less than the following:

1. General Liability $1 million Bodily Injury and Property Damage per occurrence

/ $3 million aggregate and name the Town as “Additional Insured”.

2. Products-Completed Operations Aggregate Limit of $3 million. The Town shall be named as an “Additional Insured”.

3. Automobile Liability (applicable for any contractor who has an automobile operating exposure) of at least $1 million Bodily Injury and Property Damage Per accident and name the Town as an “Additional Insured”.

4. Workers’ Compensation Coverage (per Massachusetts law) and Employer’s Liability coverage: coverage A at statutory limits and coverage B at limits of $1000,000/500,000/100,000

K. Agreement Administration: The successful proposing rink manager shall make the properties available to representatives of the Town of Chelmsford for inspection at any time. The successful proposing rink manager shall annually submit audited financial statements on the facility, as well as a monthly report of gross revenues, expenses and attendance figures to the Town Manager or his designee.

L. Rink Information: The following information is provided in the Attachments.

1. List of user groups & last year’s schedule

2. Copy of Chelmsford Forum special legislation & proposed deed

3. Chelmsford Forum site plan

4. Estimated Real Estate Taxes to the Town of Billerica

VI. INSTRUCTIONS TO PROPOSERS

A. General.

The proposer is expected to examine carefully the site of the proposed work, the Request for Proposal documents and all addenda, maps and exhibits before

Chelmsford Forum RFP - 6 01/29/18 submitting a bid. The submission of a bid shall be prima facie evidence that the bidder has made such examination of the site and the documents and is familiar with the conditions to be encountered in performing the work, the requirements of the Request for Proposals documents and the difficulties attendant upon execution of the work. No allowance will be made for any claim that the proposal is based on incomplete information as to the nature and character of the work to be performed.

A list of all potential proposers who receive a copy of the Request for Proposals will be maintained by the Town. The information will include the potential bidder's name, address, telephone number, telephone fax number and the name of the contact person.

In the event that addenda to the Request for Proposals documents are issued, each potential bidder will be asked to confirm receipt of such addenda in writing.

Proposals documents shall be directed to Paul E. Cohen, Town Manager, Town Offices, 50 Billerica Road, Chelmsford, MA 01824, telephone (978) 250-5289, fax number (978) 250-5252. Copies of all questions and answers will be provided to each potential proposer and each potential proposer will be asked to confirm, in writing, receipt of such information. Failure of any proposer to receive answers or interpretations shall not relieve such proposer from any obligation under his proposal as submitted.

Proposers must complete the proposal forms in all respects and submit 1 original and one copy of all signed and dated proposal forms, together with the proposal deposit and any additional sheets prepared by the proposer as part of the proposal in accordance with the instructions in this Request for Proposals document.

Proposers may withdraw, modify or correct a submitted proposal prior to the deadline for receiving proposals. Any such withdrawal, modification or correction must be in writing and must be sealed with the appropriate designation clearly noted on the outside of the envelope. Any withdrawal, modification or correction received after the deadline for submitting proposals will be deemed to be a late proposal. Any such late withdrawal, modification or correction will not be taken into consideration when evaluating the proposals. A late withdrawal could result in forfeiture of the bid deposit by the proposer submitting the late withdrawal.

Proposals which fail to meet the requirements of this Request for Proposals document or which are incomplete, conditional or obscure, or which contain additions not called for, erasures, alterations or irregularities of any kind, or in which errors occur, or which contain abnormally high or abnormally low prices, may be rejected as informal or improper; provided, however, that the Town Manager may, if he deems it to be in the public interest, waive any or all informalities as to form.

B. Issuance of Request for Proposals. This Request for Proposals is issued by the Town of Chelmsford, Office of the Town Manager, Town Offices, 50 Billerica Road, Chelmsford, MA 01824. Inquiries involving this Request for Proposals, including site visits, should be directed to Michael McCall, Assistant Town Manager, at 978- 244-3302, no later than March 14 at 10:00 a.m.

Chelmsford Forum RFP - 7 01/29/18

C. Submission of Proposals. Both the technical and price proposals shall be submitted in separate sealed envelopes each of which shall be clearly identified on the outside as either the "TECHNICAL PROPOSAL-CHELMSFORD FORUM" or the "PRICE

PROPOSAL-CHELMSFORD FORUM".

Both the technical and price proposal envelopes shall be sealed together in a third envelope clearly identified on the outside as "PROPOSAL TO OPERATE THE CHELMSFORD FORUM". The name of the proposer shall be clearly identified on the outside of all three envelopes. The proposals shall be delivered to Town of Chelmsford, Office of the Town Manager, Town Offices, 50 Billerica Road, Chelmsford, MA 01824 on or before 10:00 am March 7, 2018.

The bid opening shall be in accordance with the provisions of Chapter 30B of the Massachusetts General Laws.

1) Price Proposals. The amount to be retained by the Town will consist of a percentage of all gross revenues from the operation of the ice rink (minimum of 12 %). Gross revenues shall include all revenue received by the ice rink. The price proposal shall accompany each proposal. In the event that the percentage as proposed is less than $60,000 annually, the proposer agrees to pay no less than $60,000 annually. The prospective operator shall provide all equipment to run the facility.

2) The amount the proposer proposes to devote to the capital improvement plan shall also be stated in the Price Proposal as a percentage of gross revenues. The contribution to capital improvements shall be in addition to that which is paid to the Town for the operation of the ice rink.

The Price Proposal shall be submitted on Attachment A. The completed Attachment A shall be placed in a sealed envelope which shall be clearly identified on the outside as the "PRICE PROPOSAL-CHELMSFORD

FORUM".

The Price Proposal offering the highest combined percentage of the amount to be retained by the Town and the amount to be devoted to capital improvements will be considered the best price proposal.

3) Technical Proposal. The technical proposal will consist of documentation of the proposer's experience, qualifications of key staff and proposals for the operation and maintenance of the ice skating facility. The Technical Proposal shall be submitted on Attachment B together with separate typewritten pages providing the narrative descriptions requested on Attachment B. The completed Attachment B and all the separate pages shall be placed in a sealed envelope which shall be clearly identified on the outside as the "TECHNICAL

PROPOSAL-CHELMSFORD FORUM".

Chelmsford Forum RFP - 8 01/29/18

D. Agreement. A formal written agreement, copy included in this RFP, will be entered into by the Town and the successful proposing rink manager within fourteen (14) days of the selection of the successful proposer. The successful proposer's failure to enter into the Agreement within the time specified shall result in the forfeiture to the Town of the successful proposer's proposal deposit as liquidated damages. The term of the Agreement shall be from July 1, 2018 through June 30, 2018. Proposer's should note that the Agreement contains a provision allowing the Town to cancel the Agreement after one (1) year. This provision is included in the Agreement on the advice of legal counsel in order to comply with certain provisions of federal tax laws relating to tax exempt bond issues.

VII. MINIMUM EVALUATION CRITERIA

The award will be made only to a responsive and responsible proposer capable of performing the work set forth in this Request for Proposal document. Each proposal will be screened to determine whether it meets all of the proposal submission requirements as described in this Request for Proposals document. Any proposal which fails to include the information or documentation specified in this Request for Proposals document will be considered non-responsive, will be rejected and will not be further evaluated. Any proposal which includes information on the Technical Proposal that does not meet the minimum specifications for the information required on the form will be considered non-responsive, will be eliminated from competition and will not be further evaluated.

Proposers must respond, clearly and in typewritten form, to the following general specifications in the Technical Proposal:

A. Describe the organization's relevant background and experience in managing, administering, operating and maintaining ice rink facilities. The description should indicate the period of time in business under the organization's current name, whether the organization ever failed to complete any work awarded to it for ice rink management, and list references, including names and telephone numbers of contact persons, from municipally or privately owned ice rinks for whom the proposer has performed services similar to those set forth in this Request for Proposals.

B. Describe the experience of the manager, superintendent, and other pertinent personnel in managing, operating and maintaining an ice rink. Indicate whether personnel will be full-time or part-time. The personnel should be identified by name and the specific responsibilities of each one should be identified.

C. Describe how you propose to manage, operate and maintain the concession stand including the pro shop and how you propose to manage, operate and maintain the office suites and locker facilities (including maintaining the respective, existing team rooms for Chelmsford High School Hockey and Chelmsford Youth Hockey, at the rear of the arena, and meeting space dedicated for exclusive use by Chelmsford Youth

Chelmsford Forum RFP - 9 01/29/18

Hockey). Include an operating budget. List all equipment which the proposer will employ in the work.

D. Describe the experience of the staff in the operation, use and maintenance of ice rink and ice rink related equipment, including ice resurfacing machines and refrigeration systems.

E. Describe the method to be used to insure accountability for all revenues generated at the ice rink.

F. Describe a specific five year timetable for implementation of grounds and building capital improvements. Demonstrate how these improvements will increase revenues and improve the ice rink. The capital improvements should be substantial long term improvements rather than maintenance items or simply cosmetic changes.

G. Submit copies of your three most recent annual independent audited financial statements prepared according the Generally Accepted Accounting Principles (GAAP) by an independent Certified Public Accountant (CPA).

VIII. COMPARATIVE EVALUATION CRITERIA

The proposals shall be reviewed and ranked in accordance with Chapter 30B of the Massachusetts General Laws based on the following expectations and evaluative criteria:

A. Experience of Proposer - what is the level of experience of the management entity in managing ice skating facilities?

1) Highly advantageous - currently manages two (2) or more.

2) Advantageous - has managed two or more

3) Not advantageous - never managed an ice rink.

B. Experience of Personnel - what is the level of experience of the personnel in operating ice skating facilities.

1) Highly advantageous - more than five (5) years of experience.

2) Advantageous - at least three (3) years of experience.

3) Not advantageous - less than three (3) years of experience.

C. Operations - what is the level of experience of the proposer's staff for the maintenance and operation of ice rink and ice rink related equipment?

Chelmsford Forum RFP - 10 01/29/18

1) Highly advantageous - more than five (5) years of experience.

2) Advantageous - at least three (3) years of experience.

3) Not advantageous - less than three (3) years of experience.

D. Financial Reporting - what is the method for insuring full accountability for all revenue generated at the ice rink.

1) Highly advantageous - reporting and accountability will be through computer generated monthly reports, weekly bank statements and cash register tapes showing all gross revenues with a breakdown according to revenue source (ice time, food and beverage, pro shop, etc.).

2) Advantageous - reporting and accountability will not be through computer generated monthly reports. Basis will be weekly bank statements and cash register tapes showing all gross revenues with a breakdown according to revenue source (ice time, food and beverage, pro shop, etc.).

3) Not advantageous - reporting and accountability will not be through computer generated monthly reports. Basis will be weekly bank statements and cash register tapes showing all gross revenues.

E. Financial Investment - what is the level of commitment to capital improvements.

1) Highly advantageous - comprehensive five year plan which demonstrates an integrated improvement schedule resulting in significant increased revenue and long term improvement to the facility.

2) Advantageous - five year plan which schedules improvements resulting in significant increased revenue and/or long term improvement to the ice rink.

3) Not advantageous - plan does not demonstrate significant increased revenue or long term improvement to the facility.

F. Financial Stability - proposers should demonstrate that they have the financial resources to perform the work by submitting their three most recent annual independent audited financial statements prepared according the Generally Accepted Accounting Principles (GAAP) by an independent Certified Public Accountant

(CPA).

1) Highly advantageous - proposer demonstrates long term financial stability.

2) Advantageous - proposer appears to be financially stable.

3) Not advantageous - proposer's circumstances suggest financial instability.

Chelmsford Forum RFP - 11 01/29/18

IX. EVALUATION OF PROPOSALS AND AWARD OF CONTRACT

The Management Agreement will be awarded to the proposal which is the most advantageous upon consideration of both the comparative evaluation and the price proposal. All proposals shall remain firm for a period of sixty (60) calendar days from the opening of the proposals

Chelmsford Forum RFP - 12 01/29/18

ATTACHMENT A

CHELMSFORD FORUM - PRICE PROPOSALS

The completed Attachment A shall be placed in a sealed envelope which shall be clearly identified on the outside as the "PRICE PROPOSALS – CHELMSFORD FORUM".

NAME OF PROPOSER: ______________________________

ADDRESS: ______________________________

TELEPHONE: ______________________________

The above named proposer hereby proposes that __________ % (percent) of the gross receipts from the operation of the Chelmsford Forum be retained by the Town of Chelmsford (minimum 12%). In the event that the percentage as proposed is less than $60,000 annually, the proposer agrees to pay no less than $60,000 annually.

Capital Improvements The above named proposer hereby proposes that _______% (percent) of the gross receipts from the operation of the Chelmsford Forum be devoted to capital improvements. In the event that the percentage as proposed is less than $25,000 annually, the proposer agrees to pay no less than $25,000 annually.

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person.

As used in this certification the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals. The undersigned further certifies that he has complied with all laws of the Commonwealth relating to taxes in accordance with the provisions of section 49A of Chapter 62C of the General Laws of the Commonwealth.

SIGNATURE OF PROPOSER: ____________________________

DATE: ____________________________

NAME OF PROPOSER: ____________________________

ADDRESS: ____________________________

SOCIAL SECURITY OR ____________________________

FEDERAL TAX IDENTIFICATION NUMBER*:

*This information will be provided to the Massachusetts Department of Revenue to determine tax compliance status. Agreements cannot be issued, renewed or extended to providers who fail to correct their non-filing or delinquency status.

Chelmsford Forum RFP - 13 01/29/18

ATTACHMENT B

CHELMSFORD FORUM - TECHNICAL PROPOSAL

The completed Attachment B shall be placed in a sealed envelope which shall be clearly identified on the outside as the "TECHNICAL PROPOSAL – CHELMSFORD FORUM". Please attach additional sheets to completely answer all of the following.

NAME OF PROPOSER: ___________________________

ADDRESS: ___________________________

TELEPHONE: ___________________________

1. Experience in Managing Ice Skating Facilities: Proposer should provide a detailed description of the organization's relevant background and experience in managing, administering, operating and maintaining an ice skating facility. The description should indicate the period of time in business under the organization's current name, whether the organization ever failed to complete any work awarded to it for ice rink management, and list references, including names and telephone numbers of contact persons, from municipally or privately owned ice skating facilities for whom the proposer has performed services similar to those set forth in this Request for Proposals.

2. Experience of Personnel: Describe the experience of the manager, assistant manager(s), and other relevant personnel in managing, operating and maintaining ice rinks. Indicate whether personnel will be full-time or part-time. The personnel should be identified by name and the specific responsibilities of each one should be identified.

3. Operations: Describe how you propose to manage, operate and maintain the concession stand, the pro shop, skate sharpening space, office suites, meeting space (including maintaining the respective, existing team rooms for Chelmsford High School Hockey and Chelmsford Youth Hockey, at the rear of the arena, and meeting space dedicated for exclusive use by Chelmsford Youth Hockey) and ticket booths.

Include an operating budget. List all equipment which the proposer will employ in the work.

Listed proposed hours of operation and rate per hour. The Town recommends $265.00 for a 50-minute hour, $313.00 for a 60-minute hour and $50.00 per 2 hour game lighting. Describe the favorable or discounted ice rental fees, if any, that will be offered to Chelmsford High School Hockey and Chelmsford Youth Hockey

List admission fees that will be charged to children and adults for public skating.

Chelmsford Forum RFP - 14 01/29/18

Describe how you will prioritize general skating, high school teams, and youth organizations.

Describe new programs, initiatives and marketing strategies to expand user base including children’s and senior citizen programming.

Describe the experience of the staff in the operation, use and maintenance of ice rink related equipment, including the ice resurfacing machine and refrigeration systems.

4. Financial Reporting: Describe the method to be used to insure accountability for all revenues generated at the ice rink.

5. Financial Investment: Describe a specific five year timetable for implementation of grounds and building capital improvements. Demonstrate how these improvements will increase revenues and improve the ice rink. The capital improvements should be substantial long term improvements rather than maintenance items or simply cosmetic changes.

6. Financial Stability: Submit copies of your three most recent annual independent audited financial statements prepared according the Generally Accepted Accounting Principles (GAAP) by an independent Certified Public Accountant (CPA).

7. Certificate of Corporate Vote: A signed Certificate of Corporate Vote (copy included in Attachment C) must be included with the Non-Price Proposal.

The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person.

As used in this certification the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group of individuals.

Pursuant to M.G.L. C62C S49A, I certify under the penalties of perjury that I, to the best of my knowledge and belief, have filed all state tax returns and paid all state taxes required under law.

SIGNATURE OF PROPOSER: _________________________

NAME OF PROPOSER: _________________________

ADDRESS: _________________________

DATE: _________________________

Chelmsford Forum RFP - 15 01/29/18

ATTACHMENTS

CHELMSFORD FORUM – RINK INFORMATION

1. List of user groups & last year’s schedules

2. Copy of Chelmsford Forum special legislation

3. Chelmsford Forum site plan

4. Estimated Real Estate Taxes to the Town of Billerica

Agreements with the State and the Town available for review at the Town Manager’s Office.

LIST OF USER GROUPS FOR CHELMSFORD FORUM

Chelmsford High School (Boys)

Chelmsford High School (Girls)

Nashoba Valley Technical High School

Lowell Catholic High School

Middlesex Community College

UMASS LOWELL

MA Hockey League

Valley League

Stinkysocks

Chelmsford Youth Hockey

Wilmington Youth Hockey

Paul Paone

Ferrere Rental Group

Ed Pitts

Mario Travers

HOCKEY PROGRAMS

Adult Instructional

Adult Pickup

Public Hockey

FMC Bruins FUNdamentals

MIAA Hockey Tournament

SKATING PROGRAMS

Public Skate

Learn to Skate

FMC Programs / Freestyle

CHELMSFORD MASTER SCHEDULE

PRE / POST HIGH SCHOOL SEASON 2017/2018

TIME MONDAY TIME TUESDAY TIME WEDNESDAY TIME THURSDAY TIME FRIDAY TIME SATURDAY TIME SUNDAY

5:00A 4:00A 5:00A 5:00A 4:00A 3:00A 3:00A

6:00A 5:00A 6:00A 6:00A 5:00A 4:00A 4:00A

6:30A 6:00A Karaska 7:00A 6:30A 6:00A Ken Ferrere 5:00A 5:00A

7:30A 7:10A 8:30A 7:30A 7:00A 6:00A 6:30A

8:30A 8:30A 9:30A 8:30A 8:00A 7:10A Valley League 7:40a Valley League

9:30A 10:00A 10:00A 9:30A 9:00A 8:20A Valley League 8:50A Valley League

10:30A 10:30A 10:30A 10:30A 10:00A 9:30A Chelms YH 10:00A Valley League

11:00A 11:00A 11:00A 11:00A 11:00A 10:40A Chelms YH 11:10A FMC Skating

12:00P 12:00P 12:00P 12:00P 12:00P 11:50A Valley League 12:00P FMC Skating

12:30P Public Hockey 1:00P 12:30P Public Hockey 1:00P 12:30P Public Hockey 1:00P Valley League 12:30P FMC Skating

1:30P Public Skate 1:30P Public Skate 1:30P Public Skate 1:30P Public Skate 1:30P Public Skate 2:10P Valley League 1:30P Public Skate

2:30P Public Skate 2:30P Public Skate 2:30P Public Skate 2:30P Public Skate 2:30P Public Skate 3:20P Valley League 2:00P Public Skate

3:00P 3:00P 3:00P 3:00P 3:00P 4:30P Valley League 3:00P Valley League

3:30P 4:00P 4:00P FMC Skating 4:10P 4:00P 5:40P Valley League 4:10P Valley League

4:30P FMC Skating 5:10P Chelms YH 5:10P Chelms YH 5:10P Chelms YH 5:10P Chelms YH 6:50P Valley League 5:20P Valley League

5:10P FMC Skating 6:10P Chelms YH 6:10P Chelms YH 6:20P Chelms YH 6:10P Chelms YH 8:00P Valley League 6:30P Valley League

6:00P Chelms YH 7:10P Chelms YH 7:10P Chelms YH 7:20P Chelms YH 7:20P Chelms YH 9:10P Valley League 7:40P Valley League

7:00P Chelms YH 8:10P Chelms YH 8:10P Wilmington YH 8:20P Chelms YH 8:30P Public Skate 10:20P 8:50P Adult Instructional

8:00P Chelms YH 9:10P Ed Pitts 9:10P Stinkysocks 9:20P Chelms YH 9:30P Public Skate 11:20P 9:50P Adult Organized Pick-

Up

9:00P MA Hockey League 10:20P MA Hockey League 10:10P Middlesex CC 10:20P MA Hockey League 10:10P Paone 10:50P

10:00P MA Hockey League 11:30P 11:10P 11:20P 11:10P 11:20P

11:00P

CHELMSFORD MASTER SCHEDULE

HIGH SCHOOL SEASON 2017/2018

TIME MONDAY TIME TUESDAY TIME WEDNESDAY TIME THURSDAY TIME FRIDAY TIME SATURDAY TIME SUNDAY

4:00A 4:00A 4:00A 4:00A 4:00A 3:00A 3:00A

5:00A 5:00A 5:00A 5:00A 5:00A 4:00A 4:00A

6:00A Nashoba Tech 6:00A Karaska 6:00A Nashoba Tech 6:00A Nashoba Tech 6:00A Ken Ferrere 5:00A 5:00A

7:00A 7:10A 7:00A 7:00A 7:00A 6:00A 6:30A

8:30A 8:30A 8:00A 8:30A 8:00A 7:10A Valley League 7:40A Valley League

9:30A 10:00A 10:00A 9:30A 9:00A 8:20A Valley League 8:50A Valley League

10:30A 10:30A 10:30A 10:30A 10:00A 9:30A Chelms YH 10:00A Valley League

11:00A 11:00A 11:00A 11:00A 11:00A 10:40A Chelms YH 11:10A FMC Skating

12:00P Public Hockey 12:00P 12:00P Public Hockey 12:00P 12:00P Public Hockey 11:50A Valley League 12:00P FMC Skating

1:00P Public Skate 1:00P Public Skate 1:00P Public Skate 1:00P Public Skate 1:00P Public Skate 1:00P Valley League 12:30P FMC Skating

2:00P Public Skate 2:00P Public Skate 2:00P Public Skate 2:00P Public Skate 2:00P Public Skate 2:10P Valley League 1:30P Public Skate

2:30P 2:30P Chelms HS 2:30P 2:30P Chelms HS 2:30P Chelms HS 3:20P Valley League 2:00P Public Skate

3:00P Chelms HS 3:00P Chelms HS 2:50P Lowell Catholic 3:00P Chelms HS 3:00P Chelms HS 4:30P Valley League 3:00P Valley League

3:30P Chelms HS 4:00P Chelms HS 4:00P FMC Skating 4:00P Chelms HS Girls 4:00P Chelms HS Girls 5:40P Valley League 4:10P Valley League

4:30P FMC Skating 5:10P Chelms YH 5:10P Chelms YH 5:10P Chelms YH 5:10P Chelms HS 6:50P Valley League 5:20P Chelms HS

5:10P FMC Skating 6:10P Chelms YH 6:10P Chelms YH / CHS Game 6:20P Chelms YH 6:10P Chelms YH 8:00P Valley League 6:30P Valley League

6:00P Chelms HS 7:10P Chelms YH 7:10P Chelms YH / CHS Game 7:20P Chelms YH 7:20P Chelms YH 9:10P Valley League 7:40P Valley League

7:00P Chelms YH 8:10P Chelms YH 8:10P Wilmington YH/

HS Game 8:20P Chelms YH 8:30P Public Skate 10:20P 8:50P Adult Instructional

8:00P Chelms YH 9:10P Ed Pitts 9:10P Stinkysocks 9:20P Chelms YH 9:30P Public Skate 11:20P 9:50P Adult Organized Pick-

Up

9:00P MA Hockey League 10:20P MA Hockey League 10:10P Middlesex CC 10:20P MA Hockey League 10:10P Paone 10:50P

10:00P MA Hockey League 11:30P 11:10P 11:20P 11:10P 11:20P

11:00P

RELEASE DEED

THE COMMONWEALTH OF MASSACHUSETTS, acting by and through its DIVISION OF CAPITAL ASSET MANAGEMENT AND MAINTENANCE (the “Grantor”), having an address at One Ashburton Place, Boston, Massachusetts 02108, acting under the authority of Chapter 141 of the Acts of 1998 (the “Act”), for consideration paid in the amount of ________________ Dollars ($_______________), the receipt and sufficiency of which the Grantor hereby acknowledges, does hereby grants and releases without covenants to the TOWN OF CHELSMFORD (the “Town”), a Massachusetts municipal corporation, having an address of 50 Billerica Road, Chelmsford, Massachusetts 01824, any right, title and interest of the Grantor in and to the two (2) parcels of land containing approximately 15 acres in the aggregate and the buildings and improvements thereon (the “Premises”) in the Towns of Chelmsford and Billerica, Middlesex County, Massachusetts and shown as “Lot 1 7.0+ Acres” and “Lot 2 8.0_ Acres” on a plan entitled “Plan of Land in Billerica and Chelmsford Prepared for Nogara Investment Corp.”, prepared by Fleming, Bienvenue & Associates, Inc., dated September, 1980, recorded with the Middlesex North District Registry of Deeds in Plan Book 132, Page 126. Said Premises are described more particularly in Exhibit A, attached hereto and incorporated herein.

The Premises are conveyed AS-IS, WHERE IS and with ALL DEFECTS, subject to, and with the benefit of (i) any and all other restrictions, easements, encumbrances and/or other matters of record to the extent the same are in force and effect, (ii) any and all applicable laws, regulations and ordinances, and (iii) any state or local taxes whether or not due and payable as of the date of this Release Deed.

The Premises shall be subject to the following restrictions and requirements for so long as there is an ice rink on the Property: (a) the University of Massachusetts at Lowell shall have the right, as no cost and as long as the Town owns the Premises, provided that such practices shall not occur more than five days per month, on average, for those months during which the university hockey team is in season; (b) any nonprofit youth association that used the ice rink located on the Premises (the “Rink”) from September 1, 1997 to August 31, 1998, inclusive, shall have the right to rent the use of said Rick from the Town, and to keep the ice hours they rent currently at equal or better quality ice times, provided, however, that the Town shall a right of first refusal for any remaining additional ice times, followed by any nonprofit youth association using the Rink between September 1, 1997 and August 31, 1998, which obligation shall bind the Town and its successors and assigns, as set forth in Sections 4 and 5 of the Act. The Town agrees that, in the event of a conflict or dispute as to ice times between the Town and the University of Massachusetts at Lowell, the Town will comply with the dispute resolution procedures set forth in Exhibit B, attached hereto and incorporated herein, or with such other procedures mutually acceptable to the Town and the University of Massachusetts at Lowell.

For the Commonwealth’s title see deed recorded with the Middlesex South District

Registry of Deeds in Book 2453, Page 408.

The Town of Chelmsford’s Acceptance of Deed, and a certified copy of the

Chelmsford Town Meeting vote authorizing said acceptance, are attached hereto and incorporated herein.

No deed stamps are due under G.L. c. 64D, §1.

PROPERTY ADDRESS: 123 Brick Kiln Road, Chelmsford, MA 01824

2 Brick Kiln Road, North Billerica, MA 01862

585453/CHEL/0351

IN WITNESS WHEREOF, the Commonwealth of Massachusetts has executed this Release Deed as a sealed instrument as of the ___ day of [insert], 2017.

COMMONWEALTH OF MASSACHUSETTS acting by and through its Division of Capital Asset Management and Maintenance

By: ______________________________________ Carol W. Gladstone, Commissioner

The undersigned certifies under penalties of perjury that I have fully complied with the provisions of Sections 34 and 36 of Chapter 7C of the Massachusetts General Laws as applicable by virtue of Chapter 131 of the Acts of 1998 in connection with the Property described herein.

By: ______________________________________ Carol W. Gladstone, Commissioner Division of Capital Asset Management and

Maintenance

COMMONWEALTH OF MASSACHUSETTS

Suffolk, ss.

On this _____ day of________, 2017, before me, the undersigned notary public, Carol W.

Gladstone, personally appeared, proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that she signed it voluntarily for its stated purpose as Commissioner of the Division of Capital Asset Management and Maintenance, an executive agency of the Commonwealth of Massachusetts, as the voluntary act of said Commonwealth.

Notary Public My Commission Expires:

EXHIBIT A

Description of Premises

The land with the buildings thereon, situated in Billerica and Chelmsford in the County of Middlesex, Massachusetts, and being shown as Lots 1 and 2 as shown on a plan of land entitled “Plan of Land in Billerica and Chelmsford Prepared for Nogara Investment Corp., September, 1980, Fleming, Bienvenue & Associates, Inc., Engineers and Surveyors, which plan is recorded with the Middlesex North District Registry of Deeds in Plan Book 132, Page 126, and said premises being bounded and described as follows:

Beginning at the Westerly corner of the granted premises o the Northeasterly side of Chelmsford Road and Billerica Road, as shown on said plan, at a ditch shown on said plan;

thence running Northerly along said ditch two hundred sixty-three (263.00) feet, more or less, as shown on said plan to a stake in said ditch; thence running Northeasterly along said ditch nine hundred twenty-six (926.00) feet, more or less, to a brook as shown on said plan; thence Southeasterly along said brook as shown on said plan five hundred four (504.00) feet, more or less, to a stake in a ditch at the Billerica and Chelmsford line; thence Easterly two hundred eighteen (218.00) feet, more or less, as shown on said plan to Brick Kiln Road; thence Southerly and Southwesterly along Brick Kiln Road in five courses, eleven hundred seven and 63/100 (1107.63) feet, more or less, to Chelmsford Road as shown on said plan; thence Northwesterly along said Chelmsford Road and Billerica Road by three courses, four hundred twenty-three and 94/100 (423.94) feet, more or less, as shown on said plan to point of beginning.

Said Lot 2 containing eight acres, more or less, and said Lot 1 containing seven acres, more or less, as shown on said plan.

The granted premises are subject to a perpetual right of way for all purposes as a road fifty (5) feet wide to be forever kept open across the premises along and parallel to the Southwest boundary line of the premises heretofore described, which is along the Northeast side of Chelmsford Road and Billerica Road as shown on said plan, said right of way entering into Brick Kiln Road.

For further description and detail of said right of way see deed from Stanley Visniewski et us, dated October 28, 1964 and recorded in Middlesex North District Registry of Deeds at Book 1672, Page 330. See also indenture between Merrimack Sports Arena Inc. and Stanley Visniewski and Carolina Visniewski dated October 28, 1964 and recorded in said Registry of Deeds in Book 1672, Page 332.

This conveyance is also subject to any other easements, takings, rights, agreements, reservations and restrictions of record, insofar as they are now in force and applicable.

Hereby conveying, and meaning and intending to convey, all and the same premises conveyed to the Commonwealth of Massachusetts through the Board of Trustees of the University of Lowell by deed to Nogara Investment Corporation dated November 28, 1980 and recorded in Middlesex North District Registry of Deeds in Book 2453, Page 408.

EXHIBIT B

Dispute Resolution Procedures

ACCEPTANCE OF DEED

On this ______ day of __________________, 2017, the Town of Chelmsford, acting by and through its Board of Selectmen pursuant to the authority granted by the vote taken under Article ____ of the ____________________, 2017 Town Meeting, a certified copy of which is attached hereto and incorporated herein, the provisions of Chapter 114 of the Acts of 1998, and every other authority appertaining, hereby accepts the foregoing deed and the terms thereof.

BOARD OF SELECTMEN

COMMONWEALTH OF MASSACHUSETTS

Middlesex, ss.

On this _____ day of ________________, 2017, before me, the undersigned notary public, personally appeared _____________________________________________________, member of the Chelmsford Board of Selectmen, as aforesaid, proved to me through satisfactory evidence of identification, which was ______________________________, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she/they signed it voluntarily for its stated purpose on behalf of the Town of Chelmsford.

Notary Public My Commission Expires:

Estimated Taxes for Chelmsford Forum 2018

Parcel ID Address

13-1-0 2 BRICK KILN RD

Parcel ID 13-1-0

Address 2 BRICK KILN RD

Map 13

Lot 1

Block 0

Account Number 1181

User Account

Map Lot

Street Number 2

Street Number Alt

Street Name BRICK KILN RD

Legal Reference 2453 408

Sale Date 11/26/1980

Size Adjacent Area 38798

Gross Area 39296

Finished Area 38798

Zone Percent

Zoning Description

Zoning Full Description

Building Grade B-

Building Value 1170600

Yard Value 54100

Land Value 765000

Total Value 1989700

Land Size 7.11

CIP Rate $33.65

Taxes $66,953.41

MANAGEMENT SERVICES AGREEMENT

FOR THE OPERATION OF THE CHELMSFORD FORUM

BETWEEN

THE TOWN OF CHELMSFORD

AND

This Agreement is made this day of June, 2018, between the Town of Chelmsford, as the Lessee of the premises known as the Chelmsford Forum, by and through its Town Manager, hereinafter referred to as the “Town” and Facility Management Corporation, hereinafter referred to as “[OPERATOR]” with a principal place of business at .

ARTICLE I

Definitions “Capital Improvement Plan,” a plan prepared by [OPERATOR] pursuant to Section 9.2B which shall set out, in such detail as the Town may from time to time prescribe, all anticipated repairs, replacements and improvements projected for the ensuing five year period, including the estimated cost thereof. Said Plan shall be revised annually, and shall be submitted to the Town on or prior to June 30th of each year.

“Expenditure”, as used in this Agreement, the term shall include normal operating and maintenance expenses plus capital expenditures pursuant to Section 8.2B and Section 9.2

“Gross revenue” shall include all income, from whatever source, generated in connection with or as a result of the operation of the Premises and any related facilities, including but not limited to income and fees derived from the snack bar, pro shop, skating school, rental of ice time and special events conducted by [OPERATOR] upon the Premises.

“Forum Revolving Fund,” the fund maintained by the Town Treasurer pursuant to Chapter 141 of the Acts of 1998 into which [OPERATOR] shall pay monthly all of the gross revenue generated by operation of the Chelmsford Forum. This fund shall pay [OPERATOR] for the costs of operating and maintaining the premises, as well as capital expenditures pursuant to Section 8.2.B.

“ [OPERATOR]’s Annual Budget” shall be prepared by the [OPERATOR]’s and submitted to the Town on or prior to such date as shall be established from time to time by the Town. Said budget shall include a detailed description of all estimated revenues to be derived from the operation of the Premises and the facilities and services provided by the [OPERATOR] in connection therewith, and all estimated expenses to be incurred, including but not limited to costs for salaries, utilities, insurance, maintenance and repairs (except expenditures for capital improvements pursuant to Section 9.2).

“ [OPERATOR]’s Capital Expenditure” shall include any and all expenditures by the [OPERATOR] for the improvement of the Premises having a cost in excess of five thousand dollars ($5,000.00).

“Forum Operations Account” shall be an account separate from all other accounts maintained by [OPERATOR] from which all payments for operation, maintenance and capital expenditures shall be made. This account shall receive deposits from the Forum Revolving Fund on a monthly basis as provided for in Section 8.3D

ARTICLE II

Purpose of Agreement

This Agreement is intended to provide for the professional services necessary for the day-to-day operation and maintenance of the ice skating facility known as the Chelmsford Forum in the best interests of the Town of Chelmsford.

It is the intent of the…