rfp lease of space adams memorial middle school

7/31/2019 RFP Lease of Space Adams Memorial Middle School

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TOWN OF ADAMS

REQUEST FOR PROPOSALS

LEASE OF SPACE WITHIN

ADAMS MEMORIAL SCHOOL BUILDING

RFP #13-007

Legal AdvertisementProperty Description

Proposal Objectives

Submission Requirements

Selection Process

Exhibits

Issued October 17, 2012



Request for ProposalsLease of Space within

Adams Memorial School Building

Table of ContentsPage

I. PURPOSE AND BACKGROUND 1

Location-Overview 2

Transportation 3

Neighborhood Description 3

II. PROPERTY DESCRIPTION 4

Lease Areas 4

Utilities 5

Zoning and Development Review 5

Parking 5

III. PROPOSAL OBJECTIVES 5 IV. PROPOSAL SUBMISSION & REQUIRED MATERIALS 6

RFP Inquiries 6

Site Tour 6

Proposal Format and Instructions 6

Proposal Content Requirements 7

V. PROPOSAL EVALUATION CRITERIA 8 Minimum Criteria 8Comparative Criteria 8

VI. SELECTION PROCESS 9

VII. RFP SCHEDULE 9

VIII. GENERAL TERMS AND CONDITIONS 10

Exhibits

1 - Building Plans

2 - Location Map, Building & Site Photos

3 - Lease Areas

4 - Affidavits; EEO Certificate

5 - Disclosure of Beneficial Interest

6 - Draft Lease Agreement

7- Proposed Lease Payment Form



TOWN OF ADAMS

REQUEST FOR PROPOSALS

“LEASE OF SPACE WITHIN

ADAMS MEMORIAL SCHOOL BUILDING”

RFP #13-007

The Town of Adams is soliciting proposals for the short term lease of space within the former MemorialSchool Building, located at 30 Columbia Street (Route 8) in Adams, Massachusetts. The MemorialSchool building property was vacated at the end of June 2012 and returned to Town management.The Town will welcome proposals that will utilize one of two available portions of the building - LeaseAreas “A” and “B.” The Town is offering these portions of the building in “As Is” condition and at areduced, below-market lease rate. The successful Proposer(s) will enter into a lease agreement withthe Town. It is the Town’s desire that the Lessee(s) be a non-profit organization that can provide

services meeting a public purpose or be a for-profit entity that can meet other public objectives like thecreation of local jobs.

The RFP is available from the Town Administrator’s Office, Adams Town Hall, 8 Park Street, Adams,MA 01220 beginning on October 17, 2012, Monday through Friday, between the hours of 8:30 AMand 4:00 PM. A Pre-Proposal Conference / Site Tour will be conducted on Thursday, October25, 2012 at 11:00 AM. All interested parties shall meet at the Memorial School at 30 Columbia Streetin Adams using the Valley Street entrance.

Proposals in response to the RFP must be returned to the Town Administrator’s Office at 8 ParkStreet, 2nd Floor, Adams, MA 01220 no later than 3:00 PM, Friday, November 16, 2012 and clearlymarked “RFP #13-007: Lease of Space within Adams Memorial School Building .” All proposalswill receive consideration without regard to race, creed, color, age, sex, religion, national origin ordisability. The Town of Adams is an Affirmative Action/Equal Opportunity Employer.

It should be noted by all RFP respondents that the provisions of MGL c. 30B will govern any contractsawarded as a result of this RFP. The Town of Adams will accept the most advantageous offer from aresponsive and responsible Proposer, taking into consideration all evaluation criteria and price. TheTown reserves the right to accept or reject any or all proposals, to waive any informalities in theselection process, and to enter into a lease with other than the Proposer offering the highest leasepayment, if, in its sole discretion, the Town deems it to be in the public’s best interest to do so. Aresponsive proposer has met all requirements and submitted all documents required in thissolicitation. A responsible proposer has the capability to perform the contract requirements and theintegrity and reliability which assures good faith performance.

Jonathan W. ButlerChief Procurement Officer



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I. PURPOSE AND BACKGROUND

The Town of Adams is pleased to issue this Request for Proposals for the lease of spacewithin the former Adams Memorial School building at 30 Columbia Street (state Route 8) inAdams, Massachusetts. The 69,786 square foot, two-story building is a prominent structureon Route 8 within the northern gateway to downtown Adams. Although until recently in schooluse, the building has returned to the Town following completion of the Adams-CheshireRegional School District’s $40.5 million rehabilitation of Hoosac Valley High School inCheshire. The prominent location and reuse potential of the Memorial School building createopportunities for innovative private or nonprofit enterprise and community use.

Over the next few years, the Town will carefully evaluate the feasibility of proposed long-termuses of the building and assess various renovation needs and funding opportunities. TheTown is working now to hire outside architectural and engineering expertise to assist it in thisanalysis. Rather than mothballing the entire building during this period of evaluation, the Towndesires to make portions of the building available for lease so there is activity within thebuilding and certain facilities can continue to be available for public use. Specifically, theTown is interested in continuing to use the building’s existing gymnasium and auditorium and

would favor a tenant that could enable scheduled public use of these facilities within thebuilding throughout the lease term.

The Town will welcome proposals that will utilize one of two available portions of the building(Lease Areas “A” and “B”). The Town is offering these portions of the building at a reduced,below-market lease rate. The Lease Areas are offered in “As Is” condition; however, the Townmay be able to provide modest resources toward the interior configuration needed by thesuccessful Proposer (“Lessee”) to each of the Lease Areas, if it is in the best interest of theTown to do so. The selected Proposer of each space is not expected to undertake majorcapital improvements to the building nor should Proposers expect the Town to undertake suchimprovements during the lease term.

It is the Town’s desire that the Lessee(s) be a non-profit organization that can provide servicesmeeting a public purpose or be a for-profit entity that can meet other public objectives like thecreation of local jobs.

Location -- OverviewThe Town of Adams, Massachusetts is located in Berkshire County in the northwest corner ofthe Commonwealth. Berkshire County is renowned throughout the Northeast for its beautifulmountain vistas, charming towns, and pastoral farms. Over two million tourists travel annuallyto the area to experience the Berkshires’ unique combination of scenic beauty and high qualitycultural attractions. Located approximately 3 hours from both Boston and New York City and

bordering states of Vermont, Connecticut and upstate New York, the Berkshires are a naturaldraw for some 2.5 million visitors from the New England region and beyond.

Adams, with approximately 9,000 residents, is the County's third largest municipality behindPittsfield and North Adams.



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City Distance to Adams Travel Time Pittsfield 15 miles 30 minutes

Albany 55 miles 1.5 hoursSpringfield 70 miles 1.5 hoursBoston 150 miles 3 hours

New York 175 miles 3.5 hours

Neighborhood Description

The Memorial School building is located just north of downtown Adams on Columbia Street(Route 8). With over 17,000 vehicles daily, the Route 8 corridor serves as the main connectorbetween Pittsfield (south) and North Adams (north). The building’s regional accessibility and

proximity to both commercial and residential areas within Adams makes the site a primelocation with high visibility.

The Adams town center has a tremendous number of assets and the Memorial Schoolproperty is within a short walk to Park Street, the Town’s “Main Street.” Park Street isanchored to the south by the Hoosic River and to the north by McKinley Square, which isdominated by the Adams Free Library and the Parish of Pope John Paul the Great church.The Town center is the governmental and civic hub for the community with a beautiful andhistoric Town Hall, Town Common, several historic churches, and attractive 19th centurycommercial buildings, a number of which are listed on the National Register of Historic Places.The balance of the neighborhood has mixed-use buildings, with downtown retail uses andoffices located primarily on the first floor of two-story masonry structures, often with residential

rental space on the upper level.

To service the retail needs of neighborhood and area residents there are a wide variety ofcommercial establishments located along Route 8 and on Summer, Spring, and CommercialStreets, including a drugstore, a supermarket, restaurants, convenience marts, dry cleaners,and other essential services. The downtown area of Adams contains a number of restaurants,real estate and insurance offices, banks, some specialty retail stores, the Topia Arts Center,plus a variety of professional and commercial services. Within the downtown, there is a firestation and the police headquarters. The downtown area is considered one of the more activeretail locations in the immediate area, serving the neighboring towns of Cheshire and Savoy.



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II. PROPERTY DESCRIPTION

The Memorial School building is located at 30 Columbia Street (Route 8). The building is atwo-story free standing structural steel, brick and concrete structure with approximately 69,786square feet in finished floor area. The building was originally constructed in 1952, withadditions in 1996. The building has multiple stories of potentially useable space – a partial

basement, gymnasium, classrooms, cafeteria, and auditorium with a stage. The basementhouses the furnace, water service and distribution, and sanitary systems (see Exhibit 1 – Building Plans) .

The facility received extensive accessibility upgrades in 2001, including a new elevator,handicapped restrooms, and accessible entrances. With these renovations, the schoolbuilding is generally accessible and only minor deficiencies related to signage were identifiedduring a 2011 assessment by the Town’s Building Inspector. It should be noted, however, thatthe overall condition of the building is dated with a need for significant upgrades. The roof andthe heating systems are outdated and in need of extensive repair.

The school property is abutted by Valley Street and the Columbia Valley senior housing

complex to the south and Harding Avenue and existing residential development immediately tothe north. The building is sited on the easternmost portion of the 12.18 acre parcel; theremainder of which (west and north of the school building) is elevated and the location of animportant Town recreation facility - Valley Street Field (accessed via Lincoln Street). Mapsdepicting the location of the existing school building site and photographs of current conditionsare included in Exhibit 2.

Lease Areas

There are two portions of the building available for lease (see also Exhibit 3 – Lease Areas ):

Lease Area “A” - The space available for lease consists of the former administrative offices,

former shop rooms, and girls and boys locker rooms. Abutting the Lease Area are thebuilding’s gymnasium (approx. 9,644 SF) and the auditorium (approx. 6,336 SF). Thegymnasium and the auditorium are NOT included in the lease space of approximately 8,863

square feet because it isthe Town’s desire thatthese facilities bemaintained for scheduleduse by the Town and othercommunity organizations.Ideally, the selectedLessee would be willing tomaintain the schedule and

control over these spaces,working with Town officialsthroughout the year. In theevent that the Lesseeseeks to schedule regularuse of the gym, the Townwill negotiate this use intothe lease agreement.



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Notably, the gymnasium formerly hosted various community recreation groups, notably theAdams Summer Parks and Recreation Program, the Police Athletic League Basketballprogram, as well as, the traditional physical education classes through the school. Theauditorium hosted various theatrical, band, and chorus productions. The facility was alsoutilized by various communitygroups for meetings andregistration activities (e.g., Adams

Babe Ruth, Adams Little League,and Adams Youth Football).

Lease Area “B” – The spaceavailable for lease consists of theformer school kitchen andcafeteria areas with a smalllavatory, walk-in cooler, and twoaccess points on an exclusivebasis. Lease Area “B” isapproximately 3,925 square feetin area.

NOTE: If other parts of thebuilding are of interest to Proposers in combination with either of the Lease Areasdescribed above, Proposers should clearly state this in their proposals and indicate theapproximate size of the additional space (in square feet) they wish to lease.

NOTE: Estimated market lease value is $4.00 per square foot, per year. Proposersshould take this into account when preparing a proposal in response to this RFP.Proposers should provide their proposed rental rate per square foot as well as identifythe desired square footage at that rate on the “Lease Form” included within this RFP(see Exhibit 7) . If improvements are to be made to the building or public services orbenefits provided in lieu of a portion or all of the rent, these improvements and/or

services or benefits should be clearly described in the Proposal.

UtilitiesAll municipal utilities are available to the site. Public water is supplied by the Adams FireDistrict and sanitary sewer is supplied by the Town of Adams. Electrical service is supplied byNational Grid. Verizon supplies the local telephone service.

Zoning and Development Review

The site is currently zoned Residential (R-4). Generally, educational and institutional uses arepermitted by right. Certain business uses may be permitted by a Special Permit from theAdams Zoning Board of Appeals. In some cases, a reuse scheme will require review and

approval of a site plan by the Adams Planning Board.

ParkingSeveral existing locations are suitable for parking. Along Valley Street, parking is currentlyavailable for approximately 37 vehicles. Additional parking is available behind the building tothe north and is accessed via Harding Avenue. There is additional potential for smallerparking in front of the building with direct access via Columbia Street or immediately in front ofthe building at the Valley Street entrance. These potential parking areas would likely besuitable for drop-offs and if short-term in nature (see Exhibit 2) .



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III. PROPOSAL OBJECTIVES

The Town of Adams invites all qualified interested parties to respond to this Request forProposals. Responses to the RFP will be utilized by the Town to select an appropriate tenantfor each proposed lease area of the building. Proposers to this RFP understand thatinformation they provide may be used in whole or in part by the Town.

The Town has the following objectives for leasing the identified portions of the school building:

1) Leased areas will support a use or uses that are compatible with the downtown area’smix of commercial and institutional uses.

2) Preference will be given to responses that create new jobs within the community orprovide a community-oriented use of the building’s existing facilities.

3) Preference will be given to those responses that provide for all or most of theoperational costs of the building, including utilities, insurance, and buildingmaintenance. Property taxes, if any, must be paid by the proposed leasing

organization or individual.

4) The proposed use(s) and/or management will provide for the maintenance of theirrespective space to be used.

5) The proposed use(s) will be economically viable.

6) The use(s) must be undertaken by person(s) with documented successful businessexperience in the for-profit or not-for-profit sectors and appropriate qualifications and/orlicensure.



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IV. PROPOSAL SUBMISSION AND REQUIRED MATERIALS

The Town of Adams invites all qualified interested parties to respond to this Request forProposals. Proposers to this RFP understand that information they provide may be usedin whole or in part by the Town.

In order for a response to be considered and evaluated, prospective responders must submit acomplete response to this RFP. One (1) original and four (4) copies of the proposal must besubmitted to the Town of Adams, 8 Park Street, Adams, Massachusetts 01220-2087,Attention: Jonathan W. Butler, Town Administrator, no later than Friday, November 16,2012 at 3:00 p.m. Eastern Standard Time.

RFP Inquiries

Prospective responders may only direct questions in writing to the Town Administrator, asfollows:

Jonathan W. Butler, Town AdministratorAdams Town Hall, 2nd Floor8 Park StreetAdams, MA 01220

Email: [email protected]: (413) 743-8300

All questions are due no later than 4:00 p.m., Thursday, November 1, 2012. All questionswill be answered in writing and distributed to all RFP requestors, at the same time. Theanswers will be distributed on or before Thursday, November 8, 2012.

Site Tour

The Town will conduct a pre-submittal tour of the Memorial School building to be held onThursday, October 25, 2012 at 11:00 a.m. Attendees will convene on the first floor of theMemorial School building located at Columbia Street (Route 8), Adams, Massachusetts 01220(Valley Street entrance). Parking is available along Valley Street. Town representatives willbe available to respond to questions regarding this RFP, the Town’s future development goals,and the building and site.

Proposal Format and Instructions

Proposals must be concise, organized in response to the submission requirements, andformatted as standard 8 ½” by 11” pages. All supporting documentation must be on paper nolarger than 11” by 17”. Responses must be sealed and clearly marked with the following:“RFP #13-007 – Lease of Space within the Adams Memorial School Building” with theresponding entity’s name and address. All required copies of the response shall be submittedwithin a single sealed envelope or box. In addition to the Content Requirements, all proposalsshould address the Project Objectives.



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Proposal Content Requirements

Proposals must be organized according to the following format, and address each of the pointsdetailed below. Proposals shall include sections numbered consecutively and each sectionmust be clearly marked with a tab.

Tab 1 – Letter of Intent

This letter of intent signed by a company / organization official authorized to bind the Proposer,must identify all parties to the proposal. Include the name, address, and telephone number ofthe person(s) authorized to submit and discuss the proposal. The letter must clearly state theintention of the Proposer, if selected, to enter into a Lease Agreement with the Town ofAdams, within the time frames specified and in accordance with the terms and conditionsspecified in the proposal and this RFP document.

Tab 2 – Intended Use Identify the Lease Area in which there is an interest and provide a narrative description of theintended use of the Lease Area, which must conform to the parameters set forth in this RFP.Please specify if there are any limitations or alternatives. Proposers are encouraged to craft aproposal that incorporates improvements to the leased portion of the building and/or property

that may be substituted for a portion of the annual rent. Proposers should identify any specialconditions that they may wish to propose or ask the Town to provide as part of the final LeaseAgreement.

Proposers should identify any opportunities for the enhancement of locally-based enterprise orthe creation of jobs for existing residents of the community. Include a description of theproposed project’s relationship to Town goals as reflected in this RFP and the Adams Downtown Development Plan and any proposed features that can be a unique asset to theTown in this location. Also the narrative should explain the desired lease term.

Proposers shall submit as part of their proposals a timetable of anticipated completion datesfor their project milestones (“Project Schedule”). The Project Schedule should list each step in

the reuse of the lease space and when the Proposer’s intended use of the leased area will becompleted and fully operational.

Tab 3 – Financial Responsibility In order to evaluate the financial responsibility of Proposers, the Town of Adams willcontact credit references. Include the company / organization name, contact person, addressand phone number of at least three credit references. If substantial leasehold improvementsare proposed, identify the intended sources of funds to be invested in the Lease Area and anypublic financial assistance or other support needed to carry out the project.

Tab 4 – Proposal Submission Forms Complete and sign the required forms and certifications included in this RFP:

1) Form of Lease2) Attestation of Tax Compliance;3) Non-Collusion Affidavit;4) Affirmative Action and Equal Opportunity Requirements;5) Disclosure of Beneficial Interests as required by MGL Chapter 7, Section 40J.



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V. PROPOSAL EVALUATION CRITERIA

For each available Lease Area, proposals will be evaluated based on the criteria below. Ingeneral, proposing companies / organizations must be responsive to the requested informationset forth in this RFP. Prospective entities submitting proposals deemed to be non-responsiveshall be given a ranking of Unacceptable. Specifically, Proposer submissions will beevaluated and rated as follows:

• Proposals must meet all submission requirements listed in this RFP;• Proposals will be evaluated to determine the extent they satisfy the minimum

requirements listed in the RFP; and• Proposals will be ranked based on the Comparative Criteria listed in this RFP. The

Proposer with the Most Advantageous proposal, as determined by the Town’sSelection Committee, will receive the highest ranking. Only responsive proposals, thatis, only those meeting all of the Minimum Requirements, will be ranked by theSelection Committee.

Minimum Requirements:

• The proposal includes all of the information specified in Section IV of this RFP;• The Proposer agrees to the Town of Adams terms and conditions;• Proposer has the capacity, integrity, and reliability to perform under the contract and

manage and maintain the Lease Area;

Comparative Criteria:

1. Proposers Qualifications and Experience: Proposals will be ranked relative to the past performance of the organization/business orpersons within the organization/business. Proposals will be evaluated based on the

experience of the personnel to be involved in the occupation of the Lease Area, and thepast performance of the organization/business based on inquiries with availablereferences. In appropriate circumstances, cooperative partnerships are encouraged toensure the highest possible qualifications and experience.

• Highly Advantageous: Proposer has exceptional demonstrated ability to manage and maintainthe Lease Area over the duration of the lease term

• Advantageous: Proposer has demonstrated ability to manage and maintain the Lease Areaover the duration of the lease term

• Not Advantageous: Proposer has only limited ability to manage and maintain the Lease Areaover the duration of the lease term

• Unacceptable: Proposer has no demonstrated ability to manage and maintain the Lease Areaover the duration of the lease term

2. Public Benefit:Proposals will be ranked relative to the public benefits they create and how well theyaddress one or more of the Objectives in Section IV of this RFP. Proposals mustdemonstrate a clear benefit to the community within the narrative. Preference will be givento proposals which are responsive to community needs and concerns.



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• Highly Advantageous: Proposer demonstrates it will provide exceptional public benefits andfulfill three (3) or more of the Objectives in the RFP

• Advantageous: Proposer demonstrates it will provide public benefits and fulfill at least two (2) ofthe Objectives in the RFP

• Not Advantageous: Proposer demonstrates it will provide only limited public benefits and fulfillone (1) or less of the Objectives in the RFP

• Unacceptable: Proposer is unable to demonstrate any public benefits nor fulfill any of theObjectives in the RFP

3. Community Compatibility:Proposals will be ranked based on the degree to which they successfully integrate withinthe surrounding neighborhood and contribute to and/or enhance the downtown area.Proposals that provide services to or create opportunities for people or groups within thebroader community will be ranked higher.

• Highly Advantageous: Proposer’s intended use will provide exceptionalcontributions/enhancements to the downtown and/or the surrounding neighborhood

• Advantageous: Proposer’s intended use will provide contributions/enhancements to thedowntown and/or the surrounding neighborhood

•

Not Advantageous: Proposer’s intended use will provide only limited contributions/ enhancements to the downtown and/or the surrounding neighborhood• Unacceptable: Proposer’s intended use is unable to demonstrate any contributions/

enhancements to the downtown and/or the surrounding neighborhood

4. Financial Capacity: Proposals will be ranked based on the capacity of the Proposer to provide a feasible andfinancially viable operation, and the demonstrated financial viability of the Proposer’sintended use of the leased space as well as its ability to provide for on-going maintenanceand management of the Lease Area.

• Highly Advantageous: Proposer demonstrates exceptional feasibility and financial viability of

the intended use of the leased space• Advantageous: Proposer demonstrates the intended use of the leased space is feasible and

financially viable• Not Advantageous: Proposer is able to demonstrate only limited feasibility and /or financial

viability of the intended use of the leased space• Unacceptable: Proposer is unable to demonstrate that the intended use of the leased space is

feasible or financially viable



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VI. PROPOSAL SELECTION PROCESS

After the proposal deadline, the Town’s Selection Committee will review all submittedproposals to ensure they meet the Proposal Submission Requirements outlined in this RFP.Failure to meet the Submission Requirements may constitute the basis to eliminate thatproposal from further consideration. Following this initial review, proposals will be evaluatedand ranked by the Selection Committee relative to the evaluation criteria identified in theprevious section. A short-list of qualified Proposers may be recommended to the Board ofSelectmen and candidates from the short-list may be invited for a formal interview with theSelectmen to discuss details of the proposals. The most advantageous proposal from aresponsive and responsible Proposer, taking into consideration all evaluation criteria set forthis RFP, will be selected.

The selection of the successful Proposer for each available Lease Area within the building willbe at the discretion of the Town of Adams, which reserves the right to reject any and allproposals, and to, in its sole discretion, waive any informalities in any proposal.

After approval of the Selectmen, the selected Proposer(s) and the Town will enter intonegotiations on the final terms of the lease agreement for the desired lease area.

VII. RFP SCHEDULE

Schedule

The table below outlines the timeline with respect to this RFP process:

Date Time Action

October 17, 2012 Request for Proposals Issued

October 25, 2012 11:00 AM Site Tour/ Pre-Proposal Conference

November 1, 2012 Questions Due to Town of Adams

November 8, 2012 Town Response to Questions Provided toall RFP Recipients

November 16, 2012 3:00 PM

Responses Due to Town of Adams

November 2012 Proposal Selection Process

December 2012 Lease Negotiation



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VIII. GENERAL TERMS AND CONDITIONS

1. All proposals must comply with the provisions of Massachusetts General Laws Chapter30B.

2. If any changes are made to this RFP, an addendum will be issued. Addenda will be

mailed, e-mailed or faxed to all Proposers on record.

3. This RFP does not represent an offer or commitment by the Town of Adams to enter intoan agreement with a Proposer or to pay any costs incurred in the preparation of aresponse to this RFP. This RFP and the selected Proposer’s response to this RFP may,by reference, become part of a formal agreement between the Town and the Proposer.

4. The Town intends to adhere to the schedule and dates specified in this RFP. If revisionsmade to this RFP make it necessary, the proposal due date and all subsequent dates maybe extended with written notice of such changes sent to all Proposers on record.

5. The Town of Adams shall award the contract to the Proposer(s) whose proposal is deemed

to be most advantageous to the Town, as defined by the evaluation criteria contained inthis RFP. The Town may, at its sole discretion, determine that no lease award shall bemade. The Town reserves the right to reject any or all proposals. Final acceptance of anyproposal is the responsibility of the Board of Selectmen.

6. All proposals submitted in response to this RFP, plus any other related materials submittedby Proposers, will become the property of the Town of Adams and will not be returned toproposing entities.

7. By submission of a proposal, the Proposer agrees, if its proposal is accepted, to enter intoa lease agreement with the Town of Adams that incorporates all of the requirements of thisRFP and is substantially similar to the draft Lease Agreement in Exhibit 7 of this RFP.

The Proposer further accepts all of the terms and conditions of this RFP.

8. Upon award of the lease, the Proposer will then be referred to as the Successful Proposeror Prospective Tenant.

9. The Prospective Tenant must agree to abide by the Town’s Smoking Bylaws. Pleaseprovide a written statement that you, the Prospective Tenant, must and will comply withany and all of the Town’s Smoking Bylaws.

10. If a Proposer feels that any provision(s) of this RFP preclude(s) fair competition amongProposers, the Proposer should notify the Chief Procurement Officer in writing. The lettermust identify this RFP, and why, in the Proposer's opinion, the cited provision(s) that

preclude(s) fair competition. The letter must be received by November 1, 2012.

11. A proposal must be signed as follows: 1) if the Proposer is an individual, by her/himpersonally; 2) if the Proposer is a partnership, by the name of the partnership, followed bythe signature of each general partner; and 3) if the Proposer is a corporation, by theauthorized officer, whose signature must be attested to by the Clerk/Secretary of thecorporation and the corporate seal affixed.



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12. The enclosed Non-Collusion, Affirmative Action/Equal Employment Opportunity, and TaxAttestation Forms must be signed and enclosed. The Non-Collusion Affidavit is mandatoryto the submission and proposals will be rejected if it is inadvertently omitted.

13. All proposals must meet all the requirements as identified in the specifications. Pricesubmissions must be on the enclosed form and signed by an authorized official.

14. The Town reserves the right to waive minor informalities or allow Proposers to correctthem.

15. The Town of Adams may cancel this RFP, or reject in whole or in part, any and allproposals, if the Town determines that cancellation or rejection serves the best interests ofthe Town for any reason.

The Town of Adams has provided certain plans, drawings and other due diligence materials in this RFP. It is understood and agreed that these materials are not intended or represented to be complete and are provided for informational purposes only and not for the reliance of any responder to the RFP. Responders should perform their own due diligence prior to submitting their response.



EXHIBITS



EXHIBIT 1Building Plans



EXHIBIT 2Location Map, Building & Site Photos



EXHIBIT 3

Lease Areas



Adams Memorial SchoolLease Area “A”

Space Conguration1. Boys Locker: 2124 sq. .2. Girls Locker: 1411 sq. .3. Shop Area: 3044 sq. .4. Ofces: 2284 sq. .

Adjacent Spaces:

5. Gym: 9644 sq. .6. Auditorium: 6336 sq. .

Potential Lease Area:7. 9032 sq. .

Valley St. R

u t

8

1

2

3

4

4

6

7

5



Adams Memorial SchoolLease Area “B”

Space Conguration1. Primary Lease Space: 3925 sq. f.2. Common Area: 2214 sq. f.

Potential Lease Area:3. 3096 sq. f.

Mechanical:4. Non Lease Area

1

Valley St. R

u t

8

2

34



EXHIBIT 4Affidavits; EEO Certificate



TAX AFFIDAVIT

Project: Adams RFP #13-007

Lease of Space within Adams Memorial School Building

Town of Adams, Massachusetts

Commonwealth of MassachusettsCounty of

The undersigned being duly sworn, deposes and states that he/she is the sole owner, partner, president,treasurer, or other duly authorized agent or official of

Name of proposer as appearing in submitted proposal

Address of proposer (including Zip Code)

Telephone number of proposer Social Security or Federal ID #

and certifies, UNDER PENALTIES OF PERJURY, pursuant to MGL Chapter 62C, Section 49A, that

to the best of his/her knowledge and belief, said bidder has filed all Federal and Massachusetts tax

returns and paid all Federal and Massachusetts taxes required by law.

Signed under penalties of perjury

Signature

Printed Name

Title Date

Sworn to before me this day of , 2012

Notary Public

My commission expires , 20



NONCOLLUSION AFFIDAVIT

Project: Adams RFP #13-007

Lease of Space within Adams Memorial School Building



The undersigned being duly sworn, deposes and states that he/she is the sole owner, partner, president,

treasurer, or other duly authorized agent or official of




and certifies, UNDER PENALTIES OF PERJURY, that to the best of his/her knowledge and belief,

said bidder has not, either directly or indirectly, entered into any agreement, participated in any

collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this

proposal. It is understood that the signing of this AFFIDAVIT is applicable to all projects for which

bids are being submitted in a multi-bid proposal.


Signature

Printed Name

Title Date


Notary Public




NONDISCRIMINATION AFFIDAVIT

Project: Adams RFP #13-007Lease of Space within Adams Memorial School BuildingTown of Adams, Massachusetts


The undersigned being duly sworn, deposes and states that he/she is the sole owner, partner, president,treasurer, or other duly authorized agent or official of




and certifies, UNDER PENALTIES OF PERJURY, that to the best of his/her knowledge and belief,

said bidder has not, either directly or indirectly, discriminated against any employee or applicant for

employee because of his/her race, color, religion, national origin, sex, sexual orientation, age, mental

or physical disability. Additionally, bidder has complied with all provisions and requirements of the

Equal Opportunity, Antidiscrimination and Affirmative Action Programs.


Signature

Printed Name

Title Date


Notary Public




CERTIFICATION OF BIDDER REGARDING EQUAL EMPLOYMENT OPPORTUNITY

Certification of Bidder Regarding Equal Employment Opportunity

CERTIFICATION OF BIDDER

REGARDING EQUAL EMPLOYMENT OPPORTUNITY (EEO)

Instructions

This certification is required pursuant to Executive Order 11246 (30 CFR 12319-25). The

implementing rules and regulations provide that any bidder or prospective contractor, or any of their

proposed sub contractors, shall state as an initial part of the bid or negotiations of the contractwhether it has participated in any previous contract or sub contract subject to the equal opportunity

clause, and if so, whether it has filed all compliance reports due under applicable instructions.

Where the certification indicates that the bidder has not filed a compliance report due under

applicable instructions, such bidder shall be required to submit a compliance report within seven

calendar days after bid opening. No contract shall be awarded unless such report is submitted.

Certification by Bidder

Name and Address of Bidder (include zip code)

1. Bidder has participated in a previous contract or sub-contract subject to the Equal Opportunity

Clause. Yes _________ No ________

2. Compliance Reports were required to be filed in connection with such contract or sub contract.Yes ________ No ________

3. Bidder has filed all compliance reports due under applicable instructions, including Monthly

Employment Utilization Report (257).Yes ________ No ________ None Required ________

4. Have you ever been or are you being considered for sanction due to a violation of Executive

Order 11246, as amended?

Yes _______ No _________

Name and Title of Signer (please type)

Signature | Date

||



EXHIBIT 5

Disclosure of Beneficial Interest



DISCLOSURE OF BENEFICIAL INTERESTS

ACQUISITION OR DISPOSITION OF REAL PROPERTY

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

Division of Capital Asset Management and Maintenance, as required by M.G.L. c. 7, §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. Description of the real property:

3. Type of transaction:

Lease or Rental for (term):

4. Lessor(s):

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

(Continued on next page)



5. Continued

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

6. 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 additions 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:

Company:

Address:

Phone:

Fax:

E-Mail:

Date:



EXHIBIT 6

Draft Lease



LEASE OF SPACE WITHIN ADAMS MEMORIAL SCHOOL BUILDING

LEASE AGREEMENT

This Lease is granted this ___ day of ____ 2012, by the Town of Adams, a Massachusetts

Municipal Corporation in the County of Berkshire, Commonwealth of Massachusetts, with itsprincipal place of business at 8 Park Street, Adams, MA 01220, acting by and through its Boardof Selectmen (hereinafter the “TOWN”), to ______________ (hereinafter the “TENANT”). TheTown makes available for lease a portion of the building known as the Adams Memorial School.

WHEREAS, the TOWN is the owner of certain real property located at 30 Columbia Street,Adams, MA 01220, and known as the Adams Memorial School building (hereinafter “thePremises”); and

WHEREAS, TENANT desires to lease a portion of the Premises, identified as “Lease Area __”and more specifically described in Exhibit A, attached hereto, from the TOWN for the purposes

and for the term, at the rental and upon the provisions, set forth herein; and

NOW THEREFORE, in accordance for the mutual covenants contained herein and for othergood and valuable consideration, the receipt whereof is hereby acknowledged, the parties heretoagree as follows:

§1. TERM: The lease shall be for a term of ___ (__) years beginning on the day of issuanceindicated above and ending on the ___ day of _______, 20__.

§2. RENTAL: Unless terminated by either party as hereinafter described, TENANT agrees topay the TOWN as rent for the Premises the sum of $ _____ (monthly). Said rent shall be paid

annually in twelve equal monthly installments.

During the term of this Lease, TENANT shall have the non-exclusive use in common with theTOWN, other tenants of the Premises, their guests and invites, of the non-reserved commonautomobile parking areas, driveways, and footways, subject to rules and regulations for the usethereof as prescribed from time to time by the TOWN. The TOWN reserves the right todesignate parking areas for TENANT and TENANT’s agents and employees.

§3. UTILITIES AND CUSTODIAL COSTS: TENANT shall pay all chargers for [water],[heating], [electricity], telephone, custodial services, and other services and utilities used byTENANT on the Premises during the term of this Lease, unless otherwise expressly agreed to in

writing by the TOWN. In the event that any utility or service provided to the Premises is notseparately metered, the TOWN shall pay the amount due and separately invoice TENANT forTENANT’s pro rata share of the charges.

§4. HOLDING OVER: In the event that TENANT shall hold over and continue to use thePremises with the consent of the TOWN following the expiration of the term of this Lease, thatholding over shall be deemed to be from month to month only, and upon all of the same terms,fees, covenants, and conditions as contained herein, except that no period of holding over ashereinbefore described shall exceed a period of twelve (12) months.



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§5. PURPOSES: The Premises hereinbefore described and detailed in the attached exhibit(s)shall be used for the purpose described in the TENANT’s response to the TOWN’s Request forProposals (“RFP #13-007: Lease of Space within Adams Memorial School Building”), and forno other purpose without written consent by the TOWN.

5.1. It is understood by both parties that the TENANT’s obligations hereunder are contingentupon its obtaining all of the permits, certificates, and other approvals that may be required by anylocal, state, or federal authorities. The TOWN shall cooperate with TENANT in its efforts toobtain such approvals.

5.2. In the event that any such applications should be rejected, or any permit, certificate, orapproval issued to TENANT is terminated by government authority, and the TENANT in its solediscretion determines that it is unable to use the Premises for its intended purposes, TENANTshall have the right to terminate this Lease, as provided for in §11 herein.

§6. TAXES: Since the property hereunder is TOWN owned, no property taxes are paid

thereon. All TENANT’s equipment classified as personal property is subject to taxationpursuant to Chapter 59 of the Massachusetts General Laws.

§7. REPAIRS AND MAINTENANCE: TENANT represents that TENANT has inspected andexamined the Premises and accepts them in their present condition, and agrees that the TOWNshall not be required to make any improvements or repairs upon the Premises or any part of them, except that nothing herein shall prevent the TOWN from making said repairs orimprovements at its own option.

7.1. During the Lease term, TENANT shall make at TENANT’s expense all necessary repairsto the Premises. Repairs shall include such items as routine repairs of floors, walls, ceilings, andother parts of the Premises damaged or worn through normal use. TENANT will maintain the

Premises safe and in good order and condition at all times during the term of this Lease or anyextensions thereto. TENANT shall periodically inspect all areas of the Premises for the presenceof unsafe and hazardous conditions and shall promptly remedy such conditions when found.

7.2. Improvements to the building and/or property that have been granted prior approval by theTOWN may be substituted for a portion of the annual rent. No substantial alterations orimprovements may be made by TENANT on the Premises without prior approval by the TOWN.

7.3. Upon the expiration of this Lease, or at any sooner termination, the TENANT will quit andsurrender its use of the Premises peaceably and in as good order and condition as the Premiseswere at the commencement of the term or extension, reasonable wear, tear and damage by

casualty and eminent domain excepted. TENANT further agrees to leave the Premises free fromall nuisance and dangerous and defective conditions.

7.4. The TOWN is not aware of any releases or threats of releases of hazardous materials on thePremises. TENANT shall not cause any hazardous materials or substances, or toxic wastes, to beused, generated, stored or disposed of on, under or about the Premises.



3

7.5. Use of the Lease Area shall be for the operation of the TENANT only. No other functionsare permitted without written approval by the TOWN. The Lease Area may not be sublet to anyother party or for any other purpose, without the express permission of the TOWN.

§8. ASSIGNMENT AND SUBLEASE: TENANT may assign this Lease with prior consent

of the TOWN, provided said assignee will assume, recognize and become responsible to theTOWN for the performance of all of the terms and conditions to be performed by TENANTunder this Lease. Consent as to assignment shall not be unreasonably withheld by the TOWN.The failure of a transferee or any other successor in interest to TENANT to assume theobligations of TENANT hereunder or to obtain the approval of the TOWN as herein requiredshall not relieve such transferee or successor of such obligations or limit the TOWN with respectto any rights, remedies or controls it may have under this Lease.

§9. INSURANCE: During the term of this Lease, TENANT shall, at its sole cost and expense,procure and maintain or cause to be procured and maintained, policies of insurance for thebenefit of such parties, in the amounts, and in the manner and form set forth in this Section;

provided, however, that amounts of insurance coverage may from time to time be increased. TheTENANT shall furnish certificates evidencing each such insurance coverage to the TOWN priorto the execution of this Lease (to the extent such insurance is appropriate at such time) andproviding that the insurer shall give the TOWN written notice at least thirty (30) days in advanceof any termination, expiration or any and all changes in coverage. Such insurance or renewals orreplacements thereof shall remain in force during the term of, and pursuant to the terms of thisLease.

9.1. General Liability Insurance: A Comprehensive General Liability policy on an occurrencebasis endorsed to include broad form comprehensive general liability with a combined singlelimit of liability of not less than $1,000,000. The policy shall name the TOWN, and its officers,agents, servants, employees and consultants as additionally insured parties.

9.2. Property Insurance: A Commercial Property policy covering the Lease Area, in an amountequal to at least one hundred percent (100%) of the replacement cost of the Lease Area portionof the Premises shall be obtained and maintained by the TENANT, at its own expense. TheTOWN, its officers, agents, servants and employees shall be named as additional insurers.

9.3. Worker’s Compensation Insurance: The TENANT and any subtenants, as applicable, shallprovide Workers’ Compensation Insurance as required by law.

9.4. Umbrella/Excess Liability Insurance: An Umbrella/Excess Liability insurance policy on anoccurrence basis “following form” of the primary coverage with a limit of liability of $2,000,000. The Umbrella/Excess Liability insurance policy shall include but not be limited tothe following coverage’s for bodily injury, property damage and personal injury: (i) Premises -Operations Liability; (ii) Contractual Liability; (iii) Automobile Liability for owned, non-ownedand hired vehicles. The TOWN, its officers, agents, servants and employees shall be named asadditional insurers.



4

§ 10. LIABILITY: To the fullest extent permitted by law, TENANT agrees to indemnify andhold the TOWN harmless against any and all liabilities, losses, costs, forfeitures, or damages,and all out-of pocket expenses, including reasonable legal fees and court costs (collectively,“Liabilities”), actually incurred, suffered, or sustained by, or sought to be imposed on, theTOWN in connection with the Premises arising out of events occurring during the term of this

Lease, except for any Liabilities resulting from the negligence or willful misconduct of theTOWN or any person or entity under the control or direction of the TOWN. TENANT shalldefend any lawsuits with regard to claims for such Liabilities, and shall pay any judgmentswhich result from the lawsuits, provided the TOWN provides TENANT with adequate notice toenable TENANT to defend any lawsuits. “Lawsuits” include arbitration proceedings,administrative proceedings, and all other governmental or quasi-governmental proceedings. Theindemnification provided for in this Section shall include any Liabilities resulting from any claimin connection with, related to, or arising out of construction, operation or ownership of, orimprovements to the Premises by the TENANT. The obligations of the TENANT under thisSection arising by reason of any such occurrence taking place during the term of this Lease shallsurvive any termination of this Lease.

§11. TERMINATION: Upon termination of this Lease, TENANT shall, at its own expenseand within thirty (30) days, remove any and all of its personal property hereinbefore referencedwhether affixed or not, and agrees to restore the Premises consistent with the provisions of §7.3of this Lease. If said property is not removed within said thirty (30) days and such failurecontinues for an additional 30 days after TOWN's notice thereof to TENANT, then it shallbecome the property of the TOWN which, at its option, may cause the removal of the propertyfrom its Premises and the TENANT hereby agrees to reimburse the TOWN for all reasonablecosts of such removal. Any improvements and/or alterations to the lease space during the termof this Lease shall remain and become the property of the TOWN on the effective date of anytermination of this Lease.

§12. NOTICES: Any notices that are required here, or which either TOWN or TENANT maydesire to serve upon the other, shall be in writing and shall be deemed served when deliveredpersonally, or when mailed or when delivered by any means which provides for a return receipt,addressed to the responsible parties named at the addresses first written above.

§13. WAIVER: Waiver by the TOWN of any default in performance by TENANT of any of the terms, covenants, or conditions contained herein, shall not be deemed a continuing waiver of that default or any subsequent default.

§14. MISCELLANEOUS PROVISIONS:

14.1. The TOWN covenants that TENANT, on paying the rents and performing the covenantsherein, shall peaceably and quietly have, hold, and enjoy that portion of the Premises governedby this Lease.

14.2. All property of any kind that may be on the Premises shall be at the sole risk of TENANT, and the TOWN shall not be liable to TENANT or any other persons for any injury,loss of damage to any persons or property on the Premises from causes other than TOWN’somission, fault, negligence or other misconduct. TOWN shall not be liable for any damage to



5

persons or property by water which may be sustained by reason of breakage, leakage, orobstruction of any pipes or other leakage in or about the Premises arising from causes other thanTOWN’s omission, fault, negligence or other misconduct.

14.3. It is understood and agreed that the TOWN shall never be treated as a partner or associate

of TENANT in the conduct of TENANT’s business, nor shall TOWN be liable for any debtsincurred by TENANT in the conduct of TENANT’s business or otherwise; it is understood thatthe relationship is, and at all times shall remain, that of Tenant (Lessee) and Landlord (Lessor).

14.4. TENANT shall be subject to all policies and procedures established by the Town of Adams regarding the operation and occupancy of the building, including but not limited to theNo Smoking policy, loss control requirements, and use of mechanical systems.

14.5. In the event TENANT fails to comply with any of the provisions of this Lease or toperform any of its obligations hereunder, the TOWN shall give TENANT written notice of suchbreach. TENANT shall have thirty (30) days after receipt of such written notice from the

TOWN to cure such breach (or such longer period of time not to exceed an additional thirty (30)days as is reasonably necessary to cure such failure provided the TENANT commences the curewithin such thirty (30) day period and thereafter diligently prosecutes the cure to completion.)

14.6. This Lease contains a complete statement of all representations, warranties, covenants,and agreements by and between the TOWN and TENANT with respect to the Premises andcannot be modified except by written agreement signed by both the TOWN and TENANT.

14.7. This Lease shall be binding upon and inure to the benefit of the parties hereto, their heirs,personal representatives, successors, and assigns.

14.8. This Lease and the performance thereof shall be governed by and construed in accordancewith the substantive law of the Commonwealth of Massachusetts, without giving effect to theconflicts or choice of law provisions of Massachusetts or any other jurisdiction, and shall havethe effect of a sealed instrument.

§15. SEVERABILITY: If any of the provisions of this Lease or the application thereof to anypersons or circumstances shall, to any extent, be invalid or unenforceable, the remainder of thisLease or the application of such provision or provisions to persons or circumstances other thanthose as to whom or which it is held invalid or unenforceable shall not be affected thereby, andevery provision of this Lease shall be valid and enforceable to the fullest extent permitted bylaw.

§16. COUNTERPARTS: This Lease may be executed in one or more counterparts, each of which shall be deemed an original.

§17. RECORDABLE FORM: TOWN and TENANT each agree to execute a Notice of Leasein recordable form.



6

IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respectedseals the day and year first above written.

TENANT:

BY:WITNESS:

TOWN:


BY:TITLE:WITNESS:

Approved As To Form:

Town Counsel



EXHIBIT 7

Lease Form



Rule of AThe TownProposer, t

First Year

$________An

$________

An

Second Ye

$________An $________

An

Third Yea

$________

An

$________An

No

The under

ardf Adams wilking into co

(2013) Leas

__________nual Lease P


ar (2014) Le



(2015) Lea



te: Both the

between

signed certi

P

l accept thesideration al

Payment:

__________ayment (in n

__________ayment (in w

ase Payment



e Payment:



written form a

the written for

ies all amou

OPOSED

ost advantal of the evalu

_____mbers)

__________rds)

:

_____mbers)

__________rds)

_____mbers)

__________rds)

nd the numbe

m and the nu

nts shown

LEASE P

eous proposation criteria

_________

_________

_________

for should in

ber form amo

bove:

____

Comp

____

Repre

____

Print

YMENT

al from a resand price.

__________

__________

__________

icate the sam

unts, the writt

________

any/Organiz

__________

sentative’s S

__________

ame

onsive and r

________

________

________

e amount. If t

n form will co

_________

tion Name

__________

ignature

__________

esponsible

ere is a discr

ntrol.

________

_________

_________

pancy

rfp lease of space adams memorial middle school

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