RFP 2020-1A Haying 761 Mammoth Road Final.pdf

Town of Dracut, MA.

Beaver Brook Farm Field Haying Contract- 2020

RFP #2020-1A

Town of Dracut, Massachusetts

BEAVER BROOK FARM FIELD HAYING

REQUEST FOR PROPOSALS

LEASE OF MUNICIPAL PROPERTY

FOR THE PURPOSE OF HARVESTING HAY

761 MAMMOTH ROAD, TOWN OF DRACUT, MA

DATE: JUNE 26, 2020

REQUEST FOR PROPOSALS - BEAVER BROOK FARM FIELD LEASE

TOWN OF DRACUT, MA

Description: This request for proposals is for the haying of approximately 15 acres of land located at 761 Mammoth Road. The property is known as Beaver Brook Farm, was acquired by the Town of Dracut in 2015. It is described as Assessor’s Map 44, Block 0, Parcel 106 and is further described in a deed in Book 29306, Page 48 in the Northern

Middlesex Registry of Deeds. It is the Town’s goal to maintain the fields in accordance with sound agricultural practices.

Law: In accordance with Massachusetts General Laws, chapter 40, section 3 and chapter

30B, section 16, this property is being leased for a short term period. The properties have been declared available for lease by the June 3, 2019 Dracut Town Meeting, Article 22.

Time Table for RFP:

To receive this RFP package please contact Barbara O’Connor at boconnor@dracutma.gov.

A pre-submittal, on-site briefing at 761 Mammoth Road has been scheduled for 10:00 a.m. on Thursday, July 2, 2020.

Questions should be directed to boonnor@dracutma.gov and received no later than 11:00

AM on Tuesday, July 7, 2020.

In order to be considered, proposals (please include four copies) must be received by

11:00 a.m., Friday, July 10, 2020 addressed as follows:

Town of Dracut

Barbara O’Connor, Purchasing Agent

62 Arlington Street

Dracut, MA 01826

All proposals must be presented in a sealed envelope clearly marked:

RFP #2020-1A: “Beaver Brook Farm Field Haying - 2020” and received no later than

July 10, 2020 by 11:00 AM mailto:boconnor@dracutma.gov mailto:boonnor@dracutma.gov

Proposals shall include the enclosed Statement of Qualifications to provide the following:

SUMMARY OF PROPOSED FARM OPERATIONS

The proposer will: Provide a thorough outline of qualifications for leasing the property and conducting a successful farm operation; identify the proposer’s familiarity and experience in conducting an agricultural operation; provide a business plan for the proposed use of the property, including land and structures; and identify the proposer’s fiscal capacity to meet the terms of the lease.

Element 1 - Agricultural Experience and Qualifications

The proposer will outline his/her experience in agriculture including the raising and selling of crops, land management experience, and sound agricultural practices. This element should include information such as:

i. Number of years in operation raising and selling hay and/or crops, and in what capacity;

ii. Education, including educational background in agriculture;

iii. References from employers, landlords, customers or others familiar with

Proposer’s experience in agricultural activities;

iv. Techniques and methods of land management;

v. Techniques and methods of sound agricultural practices;

Element 2 – Plan of Operation for Sale and Distribution of Hay

The proposer will submit a detailed business plan for the farming operations which he or she would conduct on the property. The plan will cover up to three years of operations and will include the following information:

- Hay to be grown and expected volumes

- Marketing channels through which crops will be sold including past customers who may be included in the plan;

- Hours proposer expects to spend on the operation if not all work hours will be on the farm;

- Expected labor costs, including number of hours, how employees will be obtained, hourly pay rates, and other labor related costs;

- Cost for supplies, seeds, plants, fertilizer, and other materials;

- Planned farming practices – organic or conventional, irrigation, crop rotation;

- Equipment to be used (tractors, trucks, other farm equipment);

- Overhead costs such as insurance, interest, waste disposal;

- Expected profit before monthly rent payment to the Town of Dracut;

STATEMENT OF QUALIFICATIONS

In addition to the aforementioned requirements, to merit further consideration, proposals shall include the following information:

1. Name of proposer.

2. Address of proposer

3. Name of contact person, telephone number, fax number and e-mail address.

4. If proposer is not an individual, names and address of all partners, officers, directors and any other person with an ownership interest greater than 5%.

5. Names of any Town of Dracut officials or employees who are related to the proposer or any of the partners, officers, or directors of the organization, or who have any ownership interest in the proposing organization.

6. Names and resumes of staff members who will be assigned to manage farm.

7. A list of all activities providing relevant experience during the last ten years including farm name, location, dates, name of any land lessor if applicable.

8. List of assets owned by proposer which will be available to carry out the business plan including equipment (model/year) and cash or other assets available for use in the operation, including written documentation thereof.

9. If a joint venture or partnership proposal, provide the information listed in the

“Agricultural Experience and Qualifications” section above for all parties to the joint venture or partnership.

10. Other information which will document the proposer’s capabilities and qualifications for the project.

Additional Minimum Qualifications

1. Agreement to maintain throughout the Term of the Lease on terms and conditions acceptable to the Town, (a) a Commercial General Liability insurance policy or policies to protect the Town, as Lessor, against any liability to the public or to any invitee of Lessee or Lessor with a limit of not less than $500,000 per occurrence and not less than $1,000,000 in the annual aggregate, or such larger amount as the Town may prudently require from time to time, covering at least bodily injury and property damage liability; (b) insurance protecting against liability under Worker's Compensation Laws with limits at least as required by statute;

2. Minimum five years of experience in farming including sale of produce and/or hay.

NEGOTIATION OF AGREEMENT

After one proposer is selected as the most qualified, the proposer shall be notified and negotiations initiated to reach agreement on the detailed lease and program to be provided.

If for some reason agreement cannot be reached, then, with the approval of the Town

Manager, discussions with the top-ranked proposer shall be terminated, the proposer will be so notified, and the second-ranked individual will be invited to undertake negotiations. This process can continue, at the discretion of the Town Manager, to the third-ranked proposer, and beyond, if agreement cannot be reached.

Agreement Requirement - There shall be a written agreement with the lessee stating the time limit for the lease and giving the Town the option of terminating such agreement for cause and allowing the lessee a reasonable opportunity to cure any violations of the agreement.

Certifications - The agreement shall include the following certifications that shall be signed under penalties of perjury:

1. Certification that the proposer has not given, offered or agreed to give any gift, contribution or offer of employment as an inducement for, or in connection with the award of the agreement. (use attached form)

2. Certification that no subcontractor for the proposer has given, offered or agreed to give any gift, contribution or offer of employment to the proposer or to any other person, corporation, or entity as an inducement for, or in connection with, the award to the proposer or subcontractor of the lease. (use attached form)

3. Certification that no person, corporation or other entity, other than a bona fide, regular employee of the proposer has been retained or hired to solicit for or in any way assist the proposer in obtaining the lease upon an agreement or understanding that such person, corporation or other entity be paid a fee or other consideration contingent upon the award of the lease. (use attached form)

4. Agreement that the proposer at his/her own expense will obtain and maintain a general liability insurance policy covering negligent errors, omissions and acts of the organization or of any person or business entity for whose performance the organization is legally liable arising out of the performance of such agreement.

The awarding authority may require a subcontractor employed by the organization, subject to this subparagraph, to obtain and maintain a similar liability insurance policy.

The organization shall furnish a certificate or certificates of such insurance coverage to the Town of Dracut prior to the award of the lease, showing coverage in an adequate amount for the applicable period of limitations and including any added coverage in such amounts as the awarding authority requires.

5. Certification that the individual or organization has complied with state tax laws, in accordance with M.G.L. Chapter 62C, Section 49A. (use attached form)

6. Certification under penalties of perjury that this 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. (use attached form)

Disclosures - The selected proposer shall be required to file a disclosure of beneficial interests in real property transaction form with the Commissioner of the Division of

Capital Asset Management (DCAM). No contract to lease property is valid until the lessee files this form with DCAM. An updated disclosure form must be filed within

30 days of any change in beneficial interests during the lease term.

RULE FOR AWARD

The Town of Dracut will determine the most advantageous proposal from a responsible and responsive Proposer by taking into consideration all of the evaluation criteria set forth in this RFP.

The Town may make such investigations as the Town deems necessary and the proposer shall furnish to the Town all such information and data for this purpose as the Town may request.

The Lease will be awarded within sixty days after the proposal due date unless the time for the award is extended by mutual agreement of the parties.

In these matters, the judgment of the Town will be binding, conclusive, and final.

RIGHT TO REJECT BIDS

The Town reserves the right to reject any or all proposals, if it is determined by the

Purchasing Agent to be in the interest of the Town to do so.

The Town may consider informal any proposal not prepared and submitted in accordance with the provisions hereof and may waive any informality or reject any and all proposals, should the Town deem it to be in the interest of the Town.

The Town may also reject proposals which in its sole judgment are incomplete, conditional, obscure, or not responsive or which contain additions not called for, erasures not properly initialed, alterations or similar irregularities, or the Town may waive such omissions, conditions or irregularities, if considered minor.

Information for Proposers

1. Town Objectives. The Town’s primary goal in leasing the Beaver Brook Farm

Fields property is to promote local agriculture and sound land management. The

Town also wishes to have a tenant who will be able to educate the public about local farming, farm operations and Right to Farm legislation.

2. Farm Operations. Use of Land – the land shall be actively farmed to produce hay only. (There is no water available on the property nor does the Town intend to install water lines on the property, therefore market farming or any other growing of produce is unlikely due to lack of water systems.) Land stewardship shall be in accordance with the requirements of the Town’s Agricultural Commission guidelines and requirements and Chapter 23- Right to Farm Bylaw of the Town of Dracut General

Laws. Additionally, the property shall be farmed in adherence to the Massachusetts

Plant Nutrient Regulations which became effective on December 5, 2015. Soil testing shall be conducted every two years and, in an effort to maintain soil quality on the site, no tillage shall be allowed on the fields.

The present tenant has hayed the fields for the past three years. The farmer prior to that hayed the property for many years. Last year the fields were fertilized however no lime was applied to the land.

3. Hours of Operation. The Right to Farm Bylaw specifies that farming and agricultural activities may take place “on holidays, weekdays and weekends by night or day.” Farming operations shall take into account and shall be conducted with sensitivity to neighboring properties and tenants of the Beaver Brook Farm main house.

4. Storage on Site. Hay cannot be stored on site. Hay must be baled and removed off-site within seven (7) days of mowing;

5. Property Included in Lease. (see attached map) The lease premises shall include the following:

a. Large field on Mammoth Road

b. Large field between the former dairy complex and Beaver Brook

c. Small field behind the main house and across from the Market

Building. (in between the market building and the condominiums on

Meghan Lane)

6. Term of Lease. The lease shall be for a three-year term. The Town anticipates a

Request for Proposals process following the end of the three-year term. Unless the lease has been terminated in accordance with the termination provisions, the Lessee will be entitled to participate in the RFP process at that time. The lease will be terminated if the Lessee fails to maintain the property in satisfactory agricultural use per the specific terms of the Lease agreement.

Maintenance of Grounds. The farm property is located in a prominent location within the community. Consequently, proper maintenance of the grounds and the appealing look of the property from the street is an important aspect of this project.

The grounds shall be kept clean and free of litter and debris and maintained to present an orderly appearance.

7. Selection Process. A five-member review panel, composed of Agricultural

Commission members, Beaver Brook Farm Committee members and Community

Preservation Committee members will be appointed by the Town Manager to review and rank the proposals received, based on the evaluation criteria identified in this

RFP. The panel will transmit its recommendations to the Town Manager who will initiate lease negotiations with the recommended proposer.

8. Projected Schedule. The estimated schedule is as follows:

RFP Submission Deadline/Opening:

July 2, 2020 at 10:00 AM Pre-proposal conference and on-site meeting for prospective proposers

July 7, 2020 by 11:00 AM Deadline for any proposer written questions

July 10, 2020 at 11:00 AM Proposals Due

The Applicant will be ranked on several criteria relating to this RFP. S/he will be ranked on:

1. Experience in Farming, Production and Qualifications (40%)

a. Experience with agricultural production as manager or self-employed farmer.

b. Demonstrated success and quality of recent farming activities.

c. Qualifications, experience and availability of key personnel to be assigned to the operations.

2. Financial Strength and Credit Worthiness (35%)

a. Documentation of financial stability.

b. Ability to finance any applicable business plan.

3. Overall Presentation and Organization of the Proposal (15%)

4. Ability to comply with the goals of the Town of Dracut for use of the Land (10%)

1. Experience in Farming, Production and Qualifications;

A Highly advantageous rating will be given to a Proposer who has significant experience in the development and operation of facilities that are similar in nature, size, and scope. In particular, this highest rating will be reserved for Proposers who have ten or more years’ experience in dealing with municipalities or other public bodies and leasing of public land, and who have developed other sites in Massachusetts, and who have experience using agricultural technology and methods to minimize waste and resources.

An Advantageous rating will be given to a Proposer who has less than five to ten years’ experience in the development and operation of similar projects.

An Unacceptable rating will be given to a Proposer who has less than five years’ experience in the development and operation of similar projects.

2. Financial Strength and Credit Worthiness

A Highly advantageous rating will be given to a Proposer who has significant financial resources to operate under the proposed contract and can demonstrate the Proponent’s ability to carry out the ongoing operations and continued maintenance of the land. A statement describing the anticipated costs and the anticipated sources of financing and/or working capital is required.

An Advantageous rating will be given to a Proposer who has sufficient financial resources to operate the farming operation on an ongoing basis.

An Unacceptable rating will be given to a Proposer who has little or no financial resources to carry out the proposed management and operations at the farm.

3. Overall Presentation and Organization of the Proposal

A Highly advantageous rating will be given to a Proposer who provides a cohesive and complete presentation of the materials requested and meets the priorities of the Town. In particular, this highest rating will be reserved for Proposers who have ten or more years’ experience in dealing with municipalities or other public bodies and leasing of public land and who have experience in working with the public to resolve issues relating to Right to

Farm Communities (ie farm activities and operations at all hours) and residential housing.

An Advantageous rating will be given to a Proposer who has more than five years less than ten years’ experience in the development and operation of similar projects and who does not comply with at least half of the Town’s listed priorities.

in the development and operation of similar projects and who complies with less than half of the Town’s listed priorities.

4. Ability to comply with the goals of the Town of Dracut for use of the

Land

A Highly advantageous rating will be given to a Proposer who meets the priorities of the

Town. In particular, this highest rating will be reserved for Proposers who have ten or more years’ experience in dealing with municipalities or other public bodies and leasing of public land and who have experience in managing farmland to keep it productive, as well as working with the public to resolve issues relating to Right to Farm Communities (ie farm activities and operations at all hours) and residential housing.

An Advantageous rating will be given to a Proposer who has more than five years less than ten years’ experience in the development and operation of similar projects and who does not comply with at least half of the Town’s listed priorities.

in the development and operation of similar projects and who complies with less than half of the Town’s listed priorities.

PRICE PROPOSAL SHEET

Vendor Name:

Vendor Address:

Telephone No: ____________________________________________

Email:______________________________________________________

Proposed Annual Rental Payment: $_________________________

Proposed Annual Rental Payment: (written)

(Signature)

(Printed name of person signing bid or proposal)

(Title)

(Name of business)

(Date)

DISCLOSURE OF BENEFICIAL INTEREST

IN A REAL PROPERTY TRANSACTION

This form contains a disclosure of the names and addresses of all persons with a direct or indirect beneficial interest in the real estate transaction described below. This form must be filed with the Massachusetts Commissioner of Capital Asset Management and Maintenance, as required by M.G.L. c.7, S.40J, prior to the conveyance of or execution of a lease for the real property described below. Attach additional sheets if necessary.

1. Public agency involved in this transaction:

(Name of jurisdiction)

2. Complete legal description of the property:

3. Type of transaction:__ Lease or rental for _1, 3-year_________ (term).

4. Lessor(s):__Town of Dracut, MA. ________________________________________

Lessee(s):___________________________________________________________

5. Names and addresses of all persons who have or will have a direct or indirect beneficial interest in the real property described above. Note: If a corporation has, or will have a direct or indirect beneficial interest in the real property, the names of all stockholders must also be listed except that, if the stock of the corporation is listed for sale to the general public, the name of any person holding less than ten percent of the outstanding voting shares need not be disclosed.

Name Address

None of the persons listed in this section is an official elected to public office in the

Commonwealth of Massachusetts except as noted below:

Name Title or position

5. This section must be signed by the individual(s) or organization(s) entering into this real property transaction with the public agency named in item 1. If this form is signed on behalf of a corporation, it must be signed by a duly authorized officer of that corporation.

The undersigned acknowledges that any changes or addition to item 4 of this form during the term of any lease or rental will require filing a new disclosure with the

Division of Capital Asset Management and Maintenance within 30 days following the change or addition.

The undersigned swears under the pains and penalties of perjury that this form is complete and accurate in all respects.

Signature: _____________________________________

Printed name: _____________________________________

Title: _____________________________________

Date: _____________________________________

STATEMENT OF TAX COMPLIANCE

Pursuant to M.G.L. c.62C, S.49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all the laws of the

Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

NAME OF PROPOSER(S):

SIGNATURE(S):

PRINTED NAME(S) AND TITLE(S):

NAME OF BUSINESS:

ADDRESS:

SOCIAL SECURITY NUMBER(S) OR FEDERAL ID NUMBER:

CERTIFICATION OF NON-COLLUSION

The undersigned certifies under the 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, club, or other organization, entity, or group of individuals.

(Signature of individual submitting bid or proposal)

Lower field, looking towards Beaver Brook.

Upper field, looking towards Mammoth Road

Small field, looking north towards the Market Building from Meghan Lane Condominiums.