Massport Marine Terminal Parcel 5 Request for Proposals South Boston, Massachusetts June 29, 2018
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enu Avenue v A n er h t r o N T ide Street Fid Kennedy
Massachusetts Port Authority Real Estate & Asset Management Department
MASSACHUSETTS PORT AUTHORITY REQUEST FOR PROPOSALS DEVELOPMENT OF PARCEL 5 AT THE MASSPORT MARINE TERMINAL
TABLE OF CONTENTS 1.0 Introduction and Objectives ...... 1 2.0 Background ...... 2 3.0 Site Description, Development Program and Development Delivery ...... 2 4.0 Design Expectations ...... 5 5.0 Lease and Legal Requirements ...... 6 6.0 Diversity and Inclusion ...... 7 7.0 Submission Requirements and Format...... 8 8.0 RFP Schedule and Procedures ...... 11 9.0 Evaluation Criteria ...... 14
APPENDICES A. Figures 1-6 B. Site Detail and Background C. Insurance and Other Requirements D. Massport Development Design Review Process E. Templates and Forms 1-6 F. Massport Marine Terminal Base Plan
1.0 INTRODUCTION AND OBJECTIVES
The Massachusetts Port Authority (“Massport”) is seeking proposals from parties interested in leasing, developing, financing, constructing, and operating a seafood or maritime industrial project on Parcel 5 (“Parcel 5”) of the Massport Marine Terminal (“MMT”). Parcel 5 is a 6.8-acre undeveloped parcel of land located on Boston Harbor in the Raymond L. Flynn Marine Park (“Marine Park”) in South Boston, Massachusetts (see Appendix A – Figure 1).
This Request for Proposals (“RFP”) will result in the identification and selection of the proposal (“Proposal”) and developer (“Developer” or “Development Team”) that best meet Massport’s selection criteria (“Selection Criteria”) for the development of Parcel 5 (the “Project”).
For many years, the Port of Boston (the “Port”) has been an important hub of seafood industry activity. Today, the Port remains home to a significant concentration of seafood processing, wholesaling, and distribution businesses, with nearly 60 seafood businesses located in or near South Boston. Area seafood businesses support nearly 1,500 jobs in the Boston area.
The cluster of seafood businesses in Boston is one of four major seafood processing and distribution hubs in the United States. It benefits from excellent transportation facilities and connections (i.e., Boston Logan International Airport (“Logan Airport”), Conley Terminal, and Interstates 90 and 93) and close proximity to the Boston area customer base. In particular, nearby access to Logan Airport is critically important to the seafood industry in the face of increasingly globalized trade. In addition to the Boston “brand,” a selling point internationally, the cluster represents a competitive advantage in that it allows business-to-business trade and affords customers one-stop-shopping.
Seafood businesses in Boston today include a wide range of sizes and specialties, and they are located in a variety of facilities, both new and old. The strong response to Massport’s 2015 Request for Interest (“2015 RFI”) and 2016 Request for Proposals (“2016 RFP”) in the development of the MMT, as well as Massport’s on-going outreach to the seafood industry, revealed demand for growth among existing area seafood businesses. Massport’s offering of Parcel 5 represents a significant opportunity to develop new modern, efficient seafood/maritime industry facilities in the Port. This development is consistent with Massport’s mission to support maritime industrial growth in the Port and the maritime industrial regulatory protections in place at the MMT. A major objective of this RFP is to select viable Proposals that expand and strengthen Boston’s existing seafood cluster.
Massport has identified the following development objectives for Parcel 5, and interested parties are strongly encouraged to address these issues in their proposals:
• Advancement of Massport’s core maritime mission to operate and develop the Port of Boston • Support of the area’s seafood industry cluster by expanding, strengthening, and supporting the existing seafood cluster, including, but not limited to, the construction and operation of new building(s) and improvements at the MMT needed to modernize and advance the Port’s seafood industry • Encourage maritime industrial development at the MMT (e.g., cold storage, warehouse, and logistics) that complements the seafood cluster and has synergies with Massport’s Paul W. Conley Marine Terminal (“Conley Terminal”), and results in economic development and the creation and retention of industrial/blue collar jobs. • Demonstrate a commitment to encourage minority-owned and women-owned business enterprises in all aspects of the Project.
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• Generate a sustained revenue stream that provides the highest economic returns to Massport.
Massport will evaluate Proposals in accordance with the submission requirements and evaluation criteria set forth in this RFP. At the conclusion of this RFP process, following designation and approval by the Massport Board, Massport and the selected Developer will enter into a development agreement and later a ground sublease as more particularly described in Section 5.
2.0 BACKGROUND
Parcel 5 is located within the MMT located along the South Boston waterfront on the northerly side of Fid Kennedy Avenue in the Marine Park in South Boston, Massachusetts (see Appendix A – Figure 2). MMT is owned by the Economic Development and Industrial Corporation of Boston (“EDIC”) and is leased to Massport through February 20, 2070. The parcel lies within the Ray Flynn Marine Park and the South Boston Designated Port Area.
Existing today at the MMT are the Legal Sea Foods Headquarters and Quality Control Center and the Harbor Seafood Center, a multi-tenant seafood processing facility, both constructed in the early 2000s. The North Jetty berth lies at the eastern end of the site. Massport’s Maritime Department uses portions of the site to support its cruise and container operations. In addition, there are a number of licensed interim uses.
Through its 2016 RFP process, Massport designated Cape Cod Shellfish & Seafood Company and Pilot Development for MMT Parcels 4 and 6, respectively. These projects are in design and permitting.
3.0 SITE DESCRIPTION, DEVELOPMENT PROGRAM AND DEVELOPMENT DELIVERY
3.1 Site Description
Parcel 5 is approximately 6.8 acres of relatively flat waterfront land as shown on the Context Map. The site is bounded by Fid Kennedy Avenue to the south and an extension of Tide Street to the east. The location offers excellent access to truck route and highway connections to Boston metro and the region, Logan Airport, and Conley Terminal. See Appendix B for more detailed information regarding the site and http://www.massport.com/massport/business/real-estate/resource-documents/ to download available resource documents addressing site conditions and other relevant information.
Identified below are two unique site conditions at the MMT (See Appendix A – Figure 3):
• Track 61 Right-of-way. Various studies have developed plans to extend Track 61 to extend freight rail service within the Marine Park and to the northeasterly section of the MMT commonly referred to as the “North Jetty”. The preferred Track 61 freight rail extension would be along the length of Fid Kennedy Avenue; however, at this time, there are no immediate plans to fund or construct the Track 61 freight rail extension. • Environmental/Geotechnical. With regard to environmental conditions, Massport offers Parcel 5 to the selected Developer in its condition, “AS IS,” “WHERE IS,” including, without limitation, legal title, subsurface conditions, existing structures, the presence of oil or hazardous materials, its present use and non-uses, and laws, ordinances and regulations affecting the same. Massport makes no representation or warranties of any kind, expressed or implied, with respect
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to such condition or the suitability of Parcel 5 or the use thereof, for any purpose. Massport shall have no obligation to do or pay for any work on or with respect to Parcel 5.
In general, the environmental condition of near-surface materials at the MMT varies due to the history of urban landfilling across the site; consequently, soil contamination exists on MMT. In 2001, GEI Associates studied soil conditions across the MMT site for Massport. This and other documents, including, but not limited to, an Activity and Use Limitation, as amended (“AUL”) which encumbering Parcel 5 and most of MMT, are available for download as RFP resource materials.
3.2 Development Program
Use Expectations/Limitations. The 2015 RFI and 2016 RFP responses and Massport’s recent studies of the seafood industry in Boston revealed strong demand for modern facilities to support and grow the area’s existing seafood cluster, be it seafood processing, warehousing/distribution, cold storage, or cross-dock warehouse space. Proposals may include buildings with single or multi-tenant end-users, as well as single or multi-party ownership arrangements for the proposed building(s).
• Seafood Focus. Consistent with its development objectives, Massport expects Parcel 5 to be dedicated primarily to creating modern facilities for seafood-related uses or those uses that provide programmatic enhancement to the area’s existing seafood cluster.
• Use Mix. Massport is open to considering complementary development ideas that enhance the use of Parcel 5 and provide opportunities for economic development and industrial job creation. Massport encourages innovative approaches to integrating uses, vertically or otherwise. Developers should consider uses within the context of existing legal and regulatory constraints, such as the EDIC Lease (as defined in Section 5) and the waterways regulations governing MMT including, but not limited to, M.G.L. Chapter 91.
• Parking. Parcel 5 is subject to the South Boston Parking Freeze under 310 CMR 7.33. Massport has allocated spaces under its South Boston Parking Freeze count to provide adequate parking for development at the MMT. Developers should consider appropriate ratios for maritime industrial land uses in Boston when determining and requesting the amount of parking required to support Proposals. Massport encourages Developers to consider a combination of factors in developing parking projections, including the availability of public transportation to the area via the Silver Line and other nearby bus routes, parking needs of employees working off-peak shifts, and potential shared parking opportunities.
3.3 Site Infrastructure
Parcel 5 is bounded by existing roads Fid Kennedy Avenue to the south and an extension of Tide Street to the east. Shore Road to the north and portions of the service road to west are to be built by the Developer (see Appendix A – Figure 4). Utility service is or will be available in Fid Kennedy Avenue, Seafood Way and in Tide Street Extension (see Appendix A – Figure 5). It will be the responsibility of the selected Developer to plan, design, and construct any additional infrastructure needed to support vertical construction, vehicular and pedestrian access related to proposals to develop Parcel 5. Proposals should identify project infrastructure needs and a plan to design, construct, and fund said infrastructure. Site infrastructure must be built in a manner generally consistent with the Conceptual Parcel Framework shown in Appendix A – Figure 4, with emphasis on the roadways surrounding Parcel 5, including Shore Road and B Street Extension. 3
3.4 Development Delivery
Massport is keenly interested in receiving Proposals for Projects that the selected Developer will develop on a timely and certain schedule. Key components of this process will include building and site design and environmental permitting.
Massport Design Review. The Project will be required to comply with Massport’s Development Design Review Process (the “Design Review Process”). An overview of the Design Review Process is attached as Appendix D hereto. The Design Review Process has four (4) distinct phases: Conceptual Design, Schematic Design, Design Development, and Final Design; and focuses on the following:
• Size, location, and orientation of building(s) resulting in efficient land use and site circulation, and • Use of creative and advanced industrial design and technology to enhance area’s existing seafood cluster.
Massport Tenant Alteration Application. In conjunction with Massport Design Review and prior to the commencement of any construction, the selected Developer shall submit to Massport for its approval through Massport’s Tenant Alteration Application (“TAA”) process, all construction drawings, plans and specifications for the development of Parcel 5.
Zoning and Building Codes. As a Massport controlled property, development at the MMT is not subject to local zoning or local building code review. However, Massport anticipates that the selected Developer will voluntarily comply with the Boston Planning & Development Agency (“BPDA”) Article 80 development review process. Massport expects to be closely involved in all phases of the selected Developer’s design and permitting activities. Massport and BPDA reviews will be coordinated to make the process as efficient as possible.
Massport controlled property and all building and improvements thereon are subject to the most recent edition of the Commonwealth of Massachusetts (the “Commonwealth”) State Building Code, as well as any and all other applicable codes, laws and regulations, including, but not limited to, the Americans with Disabilities Act and the Commonwealth’s Architectural Access Board Regulations; and also are subject to review by the Commonwealth’s State Building Inspector.
Regulations and Permitting. It is anticipated that components of the selected Developer’s site investigative and permitting work will precede and continue throughout Massport’s Design Review phases and will include review by Massachusetts Environmental Policy Act (“MEPA”), DEP, Federal Aviation Administration (“FAA”) and other state, local and federal entities, as applicable.
Environmental Filings. The selected Developer, at its sole cost, shall be responsible for obtaining all permits and approvals required for the development, use and occupancy of the Project. The selected Developer, at its sole cost, also shall be responsible for complying with the requirements of all applicable federal, state and local statutes, rules, regulations, ordinances and policies including, but not limited to, the Massachusetts Environmental Policy Act, M.G.L. Chapter 30, Section 61-62H, the Oil and Hazardous Material Release Prevention Act, M.G.L. Chapter 21E, the Wetlands Protection Act, M.G.L. Chapter 131, Section 40, M.G.L. the Public Waterfront Act, M.G.L. Chapter 91 , and their implementing regulations. A Project consisting of maritime industrial uses may be eligible for exemption from Chapter 91 statute and regulations. In all cases, the selected Developer shall confer with and follow the direction of Massport relative to environmental filings. 4
FAA Review. The MMT is subject to FAA height restrictions due to its close proximity to Logan Airport. The height limit for MMT varies throughout the site from approximately 125 feet to 150 feet Above Mean Sea Level (AMSL-NAVD88). Massport has prepared a Logan Airspace map illustrating restricted airspace, which Developers should reference for more detail (http://www.massport.com/logan- airport/about-logan/logan-airspace-map/). Massport strongly recommends that the selected Developer coordinate early with Massport’s Aviation Planning Unit concerning Logan Airport airspace restrictions and the FAA application process.
4.0 DESIGN EXPECTATIONS
Massport seeks Proposals for Projects that facilitate state-of-the-art seafood industry activities, contribute to an efficient site-wide access and circulation plan, and creatively celebrate and enhance the area’s maritime industrial design vernacular. Massport will review the the design and efficiency of the proposed building(s) and improvements. As stated above, this review will occur through Massport’s Design Review Process.
Design Requirements. It is imperative that the Developers include the following design factors:
• Infrastructure concept plan required to support the Project • Preservation of the Track 61 extension alignment along Fid Kennedy Avenue (as shown in Appendix A - Figure 4)
Transportation Access and Circulation. The selected Developer, working with Massport, will be required to design and build safe and efficient industrial roadways that integrate well with the existing street network in MMT and the Marine Park. Consistent with the Conceptual Parcel Framework (Appendix A – Figure 4), this will include Shore Road and B Street Extension. These are conceptually 30 ft. right of ways, which will link to existing service roads at the MMT.
Regarding transportation, as it relates to Project concepts and siting, Massport encourages Developers to consider the following:
• The findings and recommendations of the South Boston Sustainable Waterfront Transportation Plan for future transportation access routes for Entrance/ Access/ Circulation • Access to existing and planned truck routes in South Boston, such as the Massport Haul Road and South Boston Bypass Road (See Appendix A – Figure 6, South Boston Truck Routes) • Access to/from and reliance on the MBTA Silver Line and other public transit service in the area • Public connectivity, primarily for employees, but with the possibilty of limited public access
Sustainability, Resiliency and LEED Certification. Massport seeks Proposals which have Projects designed and operated in response to environmental sustainability and resiliency. Proposals must include a comprehensive description of sustainability features envisioned for the Project. Massport will require the Project to be LEED certifiable or, preferably, obtain LEED NP Silver Certification from the U.S. Green Building Council. Massport also expects the Developers in their Proposals to consider resiliency and potential flooding or other disruptive natural events in the design and operation of the building(s) and improvements to be situated on or around Parcel 5, per Massport’s Resiliency Goals and Strategies (see http://www.massport.com/massport/business/capital-improvements/sustainability/climate- change-adaptation-and-resiliency/). Such resiliency measures may include minimizing losses of 5
electrical power, communications, security and other critical services facility wide; preventing structural and property damage to the maximum extent possible; and enhancing business resiliency.
5.0 LEASE AND LEGAL REQUIREMENTS
5.1 Lease Terms
EDIC Lease. Massport currently leases the MMT from EDIC, pursuant to a Lease dated November 27, 1979 (as amended, the “EDIC Lease”). The EDIC Lease term expires on February 20, 2070. Pursuant to the terms of the EDIC Lease, Massport may sublease all or a portion of the MMT site subject to certain terms of the EDIC Lease. Accordingly, Massport is willing to enter into a sublease for Parcel 5 with the selected Developer, which sublease shall expire on or before February 19, 2070. The sublease of Parcel 5 will be subject and subordinate to the EDIC Lease.
Development Agreement and Ground Sub-lease. The selected Developer will initially enter into a development aagreement with Massport governing the pre-construction activities related to the Project. Upon completion of these activities, and upon satisfaction of other conditions precedents within the time periods set forth in the development agreement, the selected Developer will enter into a ground sub-lease with Massport governing the development and use of Parcel 5. Failure to complete required activities within the time periods set forth in the Development Agreement may result in de- designation. The selected Developer will also be required to comply with the insurance and other requirements set forth in Appendix C, and execute and deliver to Massport completed certificates in the forms set forth in Appendix E-5 and Appendix E-6 upon execution of the ground sublease.
Impositions. The Developer shall be solely responsible for paying all taxes, betterments, assessments, utility rates and charges, water and sewer rates and charges, and other governmental charges and fees (“Impositions”), which at any time during the term of the Sublease may be assessed on Parcel 5 and the building(s) and other improvements erected or installed thereon.
Rent Proposal. Developers shall submit a specific rent structure associated with the Project. Although Massport does not have a specific rent format to which Developers must adhere, typical components of Massport ground lease rent are outlined below.
• Construction Rent is paid from the execution of the Ground Sublease (which is normally coincident with the start of construction) until the issuance of a Certificate of Occupancy for the Project. • Fixed Rent (or “Base Rent”) commences upon the issuance of the Certificate of Occupancy, is due regardless of Project performance, and is expected to escalate based on CPI or other applicable index or structure. • Percentage Rent commences upon the opening of the Project. Percentage rent is calculated from the total gross revenues of the Project. Typically, percentage rent is paid according to a schedule, which provides for the percentage rate to increase over time. • District Service Fee (“DSF”) commences concurrent with base rent. The DSF is paid on a per building gross square foot basis and helps defray Massport costs to operate, manage, and improve common infrastructure that serves MMT. DSF is escalated yearly by the CPI on each anniversary date of its commencement and, like fixed rent, it is due regardless of the performance of the Project. Developers should assume a DSF placeholder of $0.30 / sf, which will be negotiated.
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• Transaction Rent is due in the event of a refinancing or a sale of the subleased premises, and the terms may differ for each. Massport will seek to participate in the value creation reflected in such transactions.
5.2 Non-Discrimination and Equal Opportunity
The selected Developer shall certify that it will not discriminate against any employee or applicant for employment based on race, color, gender, sex, pregnancy, religion, creed, national origin, ancestry, citizenship, age being greater than forty years, sexual orientation, gender expression and identity, handicap, disability, genetic information, or veteran’s status, or discriminate against any person, employee, or applicant for employment who is a member of, or applies to perform service in, or has an obligation to perform service in a uniformed military service of the United States, including the National Guard, on the basis of that membership, application or obligation, in its development and leasing of Parcel 5. It is the intent of Massport to protected and affirmatively promoted equal opportunity and diversity in the construction and operation of the Project. The selected Developer shall certify that it complies with all applicable federal and state laws, rules, and regulations governing fair labor and employment practices.
6.0 DIVERSITY AND INCLUSION
6.1 Minority and Women Business Enterprises
Promoting diversity in development projects is a Massport priority. Although Massport has not established a specific diversity goal for this RFP, Massport is committed to encouraging and supporting diversity of businesses and individuals in the development of Parcel 5. Massport will evaluate proposals to determine the extent of meaningful participation in the following three activity areas: (1) development, financing and ownership, (2) design and construction, and (3) business operations. Developers are strongly urged to identify Minority Businesses Enterprises (“MBEs”) and Women Business Enterprises (“WBEs”) and individual minority or women team members and to indicate in their Proposal the nature of that participation (e.g. names of team members, specific roles, percent of total participation, as appropriate) in a particular phase of the Project. Massport reserves the right to contact such M/WBE team members and individuals to clarify their proposed roles in the Project.
For purposes of this RFP, the terms “MBE” and “WBE” refer to businesses that meet the certification criteria of, and are certified by, the Massachusetts Supplier Diversity Office (“SDO”) as set forth in 425 CMR Section 2.00. et. seq. or that meet the certification criteria of, and are certified by, the Greater New England Minority Supplier Development Council (“GNEMSDC”).
6.2 Participation by Impacted Community Business Enterprises
Massport also encourages and supports economic opportunities for residents and businesses located within those communities most directly impacted by the operation of Massport’s facilities. With respect to the MMT site, those communities are South Boston, East Boston, Charlestown, Chelsea, Revere, and Winthrop. The term “Impacted Community Businesses Enterprises” (“ICBEs”) is defined as an enterprise, which has a principal place of business in one of the impacted communities. Massport encourages Developers to use ICBEs in the award of subcontracts and in the procurement of materials, equipment, and services, and to provide Massport with the information regarding their voluntary efforts to contract with and to use ICBEs.
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7.0 SUBMISSION REQUIREMENTS AND FORMAT
Developers responding to this RFP must comply with the following basic submission requirements:
• Submit twenty (20 copies), including one signed original, and (1) CD-ROM or USB flash drive containing a PDF version of the entire proposal • Include a transmittal letter, as detailed below, as well as a table of contents -- the table of contents should outline the major sections of the proposal in the following order using tabs for each section • Hard copies of proposals should be submitted on 8.5” x 11” paper -- design information may be presented in an 11” by 17” format • All pages must be consecutively numbered and correspond to the Table of Contents.
7.1 Transmittal Letter Proposals shall include a transmittal letter identifying the Developer and the Developer’s team members (e.g., investors, lenders, attorneys, architects, consultants and contractors)(the “Development Team”). Transmittal letters shall also identify Developer’s principal(s) or officer(s) and the authorized signatory, as well as the person designated to receive subsequent communications from Massport with respect to this RFP.
7.2 Proposed Development Description • Vision Statement. Developer must provide a written vision statement for the Project responding to Massport’s objectives. The statement should describe the Developer’s overall aspirations for the Project, including the business plan, market justification, and site and building design approach. • Development Program. Provide a summary that addresses the following: − Project / Parcel – size and location; − Building use description – If multiple buildings are proposed, describe use of each building, including end-user business and/or tenant occupants; − Building description – For each building, provide size (square feet) of building footprint; total square feet; number of stories, and overall building height; − For proposals with multiple buildings/parcels, provide a development table with overall totals and subtotals of building square feet, uses, and site square feet/acre; − Infrastructure description – describe proposed infrastructure improvements needed to support the development program; − Site circulation – describe proposed traffic and truck circulation within the MMT and to/from nearby truck routes; − Parking – describe number and location of parking spaces, including any possible shared parking approaches; and − Business / technology innovation – describe project uses, design innovations, or other amenities or enhancements that will support the modern seafood industry; and − Benefits – identify the number of jobs and other public benefits the project will create.
• Permitting Approach. Describe the permitting strategy that will be used to secure all required entitlements for the amount and type of uses proposed, including all necessary federal, state and local permits, approvals and licenses and potential mitigation.
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Development Team Qualifications • Development Team Structure. − Organization Chart. Provide a graphic organizational diagram of the Development Team, which shows the relationship between and among the Development Team members, including ownership interests. − Team Description. Provide a written description of the organization structure of each member of the Development Team, and the ownership interest in each such member, and identify those members who qualified as MBE and WBE; identify such member’s key personnel and summarize their roles and responsibilities, in particular, project manager, architects, attorneys, investors/lenders, engineers, general contractor, environmental consultants, and government/community relations consultants. • Development Team Qualifications. − Seafood and/or Maritime Experience - Describe the Developer’s experience in developing seafood or maritime-related projects in the past ten (10) years. Clearly describe the roles played by the members of the Developer in each such project. − Comparable Business Operations Experience – Provide examples of comparable and successful businesses operated by the business operator. • Financial Capability. Provide evidence of the Developer’s financial capability. − Historical Financial Statements – Provide the following statements for the prior three (3) years, audited: o Income Statement o Balance Sheet o Statement of Cash Flows − Seafood Business, Maritime Industrial Financing Experience - Provide examples of recently completed seafood, maritime industrial or mixed-use projects the Developer was responsible for securing the necessary financing. For each Project, indicate the following:
o Name of the project o Date the project was completed o Total development cost o Amount of debt and the source(s) of the debt o Amount of equity and the source(s) of equity. − Other Financing Experience – Provide examples of other recently completed projects where the Developer was responsible for securing the necessary financing. For each project, indicate the following:
o Name of the project o Date the project was completed o Total development cost o Amount of debt and the source(s) of the debt o Amount of equity and the source(s) of equity.
• Project Delivery Schedule. Describe the activities to be undertaken to achieve completion and opening of the Project. Specify date for beginning construction [Quarter/Year] and any dependency on proposed infrastructure improvements.
− Critical Path Schedule - Provide a critical path project development schedule listing the pre- opening activities and outlining the proposed timeline for negotiation of Project agreements, 9
financing, design, permitting milestones, construction start, and opening dates for the one or more buildings. − Schedule Narrative - Provide a narrative describing these activities, identifying potential obstacles to completing the activities as scheduled, and highlighting the management and other steps the Developer will undertake to achieve the schedule. • Preliminary Development Budget. Provide a comprehensive budget for the Project including, construction hard costs, such as site work, building/facility costs, plumbing/HVAC/electrical costs, etc., and soft costs, including architecture/engineering, permitting fees, legal and other professional fees, as well as development and other required fees, contingency and escalation, financing costs, and other Project costs. A sample template is provided as Appendix E-1 for use as a guide.
• Finance Plan. Provide a financing plan for the Project, including equity and debt. A sample template is provided as Appendix E-2 for use as a guide. The financing plan shall describe the uses of funds for the development and construction period and an anticipated schedule of funding availability based on total project cost: − Financing - Specify the level of debt and the level of equity. Specify the sources of such debt and equity, which amounts are committed as of the time the proposal is submitted, and which amounts are expected to be secured if the Developer is selected. Provide commitment letters or other evidence or explanation of such commitments from each identified capital source. Debt financing shall include assumptions for the construction period as well as permanent financing. − Non-Committed Financing – For any necessary Project financing that is not committed as of the date of proposal submission, describe with specificity the plan for securing such capital. − Operations Pro Forma - Provide a 20-year operations pro forma, delineating line items for operating revenues, operating expenses, fixed expenses, and then ground rent related expenses that would be paid to Massport. Provide a complete listing of your pro-forma assumptions. Please provide for property taxes as a separate line under fixed charges. A sample template is provided in Appendix E-3. − Project Cash Flows – Provide a summary of projected cash flows, which can be shown at the bottom of Appendix E-3 – Operating and Cash Flow Projections Pro Forma template. − Economic Impact – List local/regional benefits resulting from the project, such as short-term and long-term job creation by job type.
7.3 Sublease Massport anticipates entering into a ground sublease for Parcel 5 for a term through February 19, 2070, including the construction period. Proposals should set the following additional sublease terms: • With the information presented in Section 5.0 as general guidance, Developers should submit proposed rent categories and rent rates; • Proposed uses and any unique uses that will materially impact the ground sublease; • Development schedule and key delivery milestones and deadlines.
7.4 Diversity and Inclusion In order to allow Massport to ascertain the committed and proposed levels of participation by M/WBEs in each of the three activity areas described in Section 6, Developers should identify M/WBEs and individual minority or women team members in their Proposal and indicate the nature of that participation (e.g. names of team members, specific roles, percent of total participation, as appropriate) in a particular phase of the Project; and provide strategy and approach for participation by M/WBEs in 10
the Project. The Developer should also describe its experience, if any, with projects of similar size and scope that have included M/WBEs participation in such Project, and the nature of the MBE/WBE participation.
The Developer should provide a strategy and approach for participation by Impacted Community Business Enterprises for Project.
7.5 Development Project Design • Drawings - Provide a site plan and conceptual building plans for all levels. • Cross Sections - Provide appropriate Project cross sections to clarify program stacking. In addition, identify maximum building height (to roof of occupied structure and top of tallest physical feature). • Circulation Plan - Provide a side-wide vehicular and pedestrian access and circulation plan that addresses the project’s multi-modal transportation needs. • Sustainable Design - Provide a description of the Development Team’s proposed approach to sustainable design and construction, including proposed strategies, design features, and LEED benchmark goals. • Innovative Industrial Design - Describe completed, relevant projects for which the design team provided architectural design services that demonstrate innovative and sustainable industrial design.
Note: Refer to the AutoCAD file of the Site Plan (Appendix F – which can be downloaded from http://www.massport.com/business-with-massport/goods-and-services/rfps/) and the surrounding context showing extents of the required drawings. All plans, with the exception of AutoCAD files, should be packaged and submitted as a PDF in 11 x 17 inch landscape format. The name of the Development Team should appear on each sheet submitted.
7.6 Litigation
The Proposal must contain an affirmative statement that the Developer is not party to or affected by any actual or threatened litigation, administrative action, investigation or other governmental or quasi- governmental proceeding which would or could have an adverse effect upon the development of the Project, or the Developer’s interest therein, or upon the ability of Developer to fulfill its obligations under any agreement relating to this RFP, except as set forth in the Proposal.
8.0 RFP SCHEDULE AND PROCEDURES
The schedule for the issuing and responding to this RFP as well as the anticipated schedule after the submission date is as follows:
RFP Issue Date June 29, 2018 Written Questions due August 1, 2018 Deadline for receipt of Proposals September 17, 2018 Interviews October/November 2018 (dates TBD) Selection December 2018
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Proposal Submission. Twenty (20) hard copies, including one (1) signed original, and one (1) digital copy of the Proposal in PDF format on portable USB drive or CD ROM must be received in a sealed package clearly marked “MMT Parcel 5 RFP” no later than 12:00 PM EST on Monday, September 17, 2018, (“Proposal Submission Date”) at the following address:
Massachusetts Port Authority One Harborside Drive, Suite 200S East Boston, MA 02128-2909
Attn: Mr. Rodney Sinclair Development Manager Real Estate & Asset Management Department
• Developers must submit a Proposal using all the templates and forms included in the RFP solicitation package. • A Developer may submit a modified response to replace all or any portion of a previous Proposal response up until the RFP Proposal Submission Date and Time. Modifications received thereafter may not be considered. • All Proposals submitted in response to the RFP become the property of Massport. • No Proposal submissions will be returned to the Developers.
Written Questions. Developers may submit questions seeking clarification or further explanation of any and all aspects of the RFP. All questions must be provided in writing and delivered to Massport via email addressed to: [email protected] by 12:00 PM noon EST on Wednesday, August 1, 2018. Massport reserves the right to respond or not to respond to the questions submitted. For all answered questions, Massport will compile and send the answers to all RFP subscribers.
Communication Limitations. From the date this RFP is issued until a Proposal(s) is/are selected, Developers, or anyone representing the Developers, shall not communicate with any Massport representative, other than the persons who are designated in this RFP to receive communications regarding the RFP. Communication with Massport staff is limited to written questions directed to [email protected] up until the pre-determined deadline for written questions, and any interviews conducted as a part of this solicitation process. All forms of communication (outside of the specified written question period, and interviews) are prohibited, including, but not limited to: verbal, written, and electronic forms of communication.
Request for Clarifications. After receiving the Proposals, Massport reserves the right to request clarifications of any of the Developers’ responses to the RFP. Massport reserves the right to contact any Developer’s team members and/or individuals to clarify their roles in the Project(s) and to request additional information.
Proposal Evaluation Process. The Proposals will be evaluated by a selection committee, comprised of representatives from Massport. The selection committee will conduct an initial evaluation of the Proposals in order to determine whether the Developers have complied with the submission requirements set forth in Section VII. Any responses to the RFP that Massport determines in its sole discretion to be incomplete, conditional or non-responsive, may be disqualified by Massport. Following this initial evaluation, select Developers who submitted responsive Proposals may be invited to interviews with the selection committee. Following the interviews, the selection committee will complete its evaluation and scoring of the Proposals, taking into account the information provided in
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the Proposals, additional insights and information resulting from the interviews, and any other relevant information (such as the result of reference checks) available to the selection committee.
Proposal Selection. In accordance with the process set forth above, the selection committee will review and evaluate the Proposals and recommend to Massport’s Board one or more Proposals that best meet the evaluation criteria. The selection of the recommended Proposal(s) is subject to the approval of Massport’s Board. Following confirmation of the selection by Massport’s Board, Massport will commence negotiation of the development agreement and ground sublease. Massport reserves the right to negotiate with more than one Developer.
Massport’s Right to Amend, Extend, Postpone Cancel RFP and Waive Irregularities. Massport reserves the right to amend the RFP and to extend the deadline for receipt of Proposals if determined to be in the best interest of Massport. If a decision to postpone is made following the submission of Proposals, Massport shall afford those Developers the opportunity to revise or withdraw their Proposals. Massport reserves the right to cancel this RFP at any time prior to the execution of the Development Agreement by all parties and without liability against Massport. The RFP does not constitute an agreement or an offer of any kind by Massport.
No Public Opening. There is no public opening of the Proposals submitted in response to the RFP.
Proposal Validity and Certifications. The Proposals shall be valid for one hundred eighty (180) days from the date of the Proposal submission. If Massport requires additional time for review, Massport reserves the right to extend the validity of the Proposals in thirty (30) day increments. Prices and terms submitted in the Proposal remain in effect as originally submitted. By submitting a Proposal in response to the RFP, the Developer acknowledges its agreement that if it is selected as a Developer, it shall execute agreements substantially incorporating the requirements of this RFP and all certifications required by law as to eligibility to do business with Massport or otherwise.
Disclaimers. The information contained herein is provided solely for the convenience of Developers. It is the responsibility of the Developer to assure itself that information contained herein is accurate and complete. Massport does not provide any assurances as to the accuracy of any information in this RFP. Any reliance on these contents, or on any permitted communications with Massport officials, shall be at the proponent's own risk. Developers should rely exclusively on their own investigations, interpretations, and analyses.
Rejection of Proposals. Massport is soliciting competitive Proposals pursuant to a determination that such a process best serves the interests of Massport and the general public and not because of any legal requirement to do so. Massport may reject any Proposal that is not prepared and submitted in accordance with all requirements of the RFP, or that is incomplete, conditional, obscure, takes exception to certain requirements, or that contains alterations, contingencies, additions not called for, errors or irregularities of any kind. Any and all Proposals shall be rejected if there is reason to believe that collusion exists between or among Developers. Massport reserves the unqualified right, in its sole discretion, to waive any informalities, deviations, mistakes, defects, and matters of form rather than substance, in any Proposal responding to the RFP. Massport may, but shall not be obligated to, request additional information or corrections from Developers. No costs of responding to this RFP, any addenda or other documents or attendance at meetings in connection with this RFP shall be reimbursed by Massport. The rejection of any RFP in whole or in part will not render Massport liable for incurred costs and/or damages.
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Public Record After Execution of Development Agreement. Massport will seek to hold all Proposals and subsequent submissions in confidence, to the extent consistent with applicable law, until a final decision has been made or the selection process is terminated. Developers are advised, however, that pursuant to M.G.L.c.66, all materials received by Massport that fall within the definition of “public record” as set forth in M.G.L.c. 66, shall be disclosed by Massport upon request.
Non-Collusion. By submitting a Proposal, a Developer certifies that it has not acted in collusion with any other Developer or other entity doing business with Massport in a way that would constitute unfair competition. A Developer shall complete the Certificate of Non-Collusion attached hereto in Appendix E-4.
9.0 EVALUATION CRITERIA
Proposals which meet all of the submission requirements set forth in Section 7 will be evaluated on the basis of the following Evaluation Criteria:
A. Achieves Massport Goals and Objectives • Advancement of Massport’s core maritime mission to operate and develop the Port of Boston • Support of the area’s seafood industry cluster by expanding, strengthening, and supporting the existing seafood cluster, including, but not limited to, the construction and operation of new building(s) and improvements at the MMT needed to modernize and advance the Port’s seafood industry • Encourage maritime industrial development at the MMT (e.g., cold storage, warehouse, and logistics) that complements the seafood cluster and has synergies with Massport’s Paul W. Conley Marine Terminal (“Conley Terminal”), and results in economic development and the creation and retention of industrial/blue collar jobs. • Demonstrate a commitment to encourage minority-owned and women-owned business enterprises in all aspects of the Project. • Generate a sustained revenue stream that provide the highest economic returns to Massport.
B. Ability to Successfully Execute the Project • Organization, qualifications and experience of project team • Development and execution plan for proposed Project • Sound proposed use mix, with identified end users or prospective tenants • Viability of finance plan • Identified equity, debt and other capital commitments • Business/Company’s contribution to a successful Project
C. Comprehensive Diversity and Inclusion Program • Include MBE/WBEs and individuals in the Project. • Developer’s overall approach and strategy as well as identified MBE/WBE participation commitments
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• Quality of programs/initiatives for participation by ICBEs
D. Quality of Project Design and Program • Project design that supports seafood industry cluster and maximizes use of the site • Efficient and appropriate use of Parcel 5 • An approach and commitment to address state-of-the-art industrial design, sustainability, resiliency • Responsiveness of submitted materials to RFP design guidelines
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APPENDICES
A. Figures 1-6 B. Site Detail and Background C. Insurance and Other Requirements D. Massport Development Design Review Process E. Required Templates and Forms 1-6 F. Massport Marine Terminal Base Plan
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APPENDIX A - FIGURES 1-5
1. Locus Map 2. Context Map 3. Existing Conditions Map 4. Tide Street Extension Utilities 5. Conceptual Parcel Framework 6. South Boston Truck Routes
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Boston Inner Harbor
East Boston Sumner and
North End Callahan Tunnels
Boston Logan International Airpot
Downtown Boston Harbor
Ted Williams Tunnel South Boston Parcel 5 Massport Marine Terminal 90 Massport Haul Road 90
South Boston Bypass Road (connects to I-90 N-S) Massachusetts Port Authority LEGEND Real Estate & Asset Management Massport Marine Terminal A-Figure 1: Locus Map June 2018 Parcel 5 MMT Parcel 5 RFP 0’ 1125’ 2250’ 4500’ South Boston,MA Boston Inner Harbor Parcel 5
Massport Marine Terminal
Seaport FID KENNEDY AVENUE Fan Pier Boston World Fish Pier Trade Center
NORTHERN AVENUE FID KENNEDY AVENUE 88 Black Falcon
SEAPORT BOULEVARD
NORTHERN AVENUE Raymond L. Flynn SEAPORT BOULEVARD
TIDE STREET Marine Park B STREET
NORTHERN AVENUE BLACK FALCON AVENUE Fort Point
CONGRESS STREET PARCEL
A-2 MASSPORT HAUL ROAD Innovation & Design Building
I-90 DRY DOCK AVENUE CONGRESS STREET TRADE WORLDCENTER AVENUE Flynn Cruiseport Boston SBWTC
MASSPORT HAUL ROAD
SUMMER STREET Reserved Channel South Conley Terminal Station SHORE ROAD
SUMMER STREET
INMAN STREET GE HQ FARGO STREET
A STREET
D STREET
USPS Boston Convention E STREET
EAST FIRST STREET FARRAGUT ROAD
SOUTH BOSTON BY-PASSand ROAD Exhibition Center DORCHESTER AVENUE DORCHESTER Fargo Street Terminal EAST SECOND STREET
Fort Point Channel P STREET Redgate Real Estate EAST THIRD STREET
SUMMER STREET O STREET
EAST BROADWAY N STREET
L STREET
PAPPAS WAY M STREET
BULLOCK STREET Pappas Gilette Company Leasehold
EAST FIRST STREET
K STREET EAST FOURTH STREET
EAST SECOND STREET WEST FIRST STREET N STREET
J STREET EAST FIFTH STREET
B STREET L STREET A STREET BOLTON STREET EAST THIRD STREET WEST SECOND STREET EAST SEVENTH STREET COLUMBIA ROAD WEST SECOND STREET M STREET WEST THIRD STREET C STREET
EAST SIXTH STREET EAST BROADWAY
Massachusetts Port Authority LEGEND Real Estate & Asset Management Massport Marine Terminal A-Figure 2: Context Map June 2018 Parcel 5 MMT Parcel 5 RFP 0’ 500’ 1000’ 2000’ South Boston,MA Massport Marine Terminal
North Jetty Berth/Apron
SHORE ROAD
Legal Sea Foods 8 Seafood Way
Massport Warehouse
SERVICE ROAD BALLARD WAY 25 Fid Kennedy 14,500 sf
PARCEL 3 TIDE EXTENSION STREET B STREET EXTENSION STREET B B STREET EXTENSION STREET B PARCEL 7 & 8
46,000/1.0 acre 472,000 SF/10.8 acres SEAFOOD WAY SEAFOOD SEAFOOD WAY SEAFOOD Maritime OperationsStorage Eversource Building Substation 99 13,000 sf FID KENNEDY AVENUE
FID KENNEDY AVENUE PARCEL 6 284,000 SF/6.5 acres PARCEL 4 Designated & Permitted 129,000 SF/2.9 acres PARCEL 5 Designated 296,000 SF/6.8 acres Drydock #3
Nagle Seafood New Boston Seafood Innovation Square
TIDE STREET
Massachusetts Port Authority Real Estate & Asset Management A-Figure 3: Existing Conditions June 2018 MMT Parcel 5 RFP 0’ 100’ 200’ 400’ South Boston,MA Massport Marine Terminal
North Jetty Berth/Apron
SHORE ROAD
Legal Sea Foods 8 Seafood Way
Massport Warehouse
SERVICE ROAD BALLARD WAY
25 Fid Kennedy 14,500 sf
SEAFOOD WAY WAY SEAFOOD SEAFOOD
B STREET EXTENSION
TIDE EXTENSION STREET Storage Eversource Building Substation 99 13,000 sf FID KENNEDY AVENUE
FID KENNEDY AVENUE PARCEL 6 PARCEL 4 PARCEL 5 284,000 SF/6.5 acres 129,000 SF/2.9 acres 311,200 SF/7.1 acres Designated & Permitted Designated Drydock #3
Nagle Seafood New Boston Seafood Innovation Square
TIDE STREET Massachusetts Port Authority LEGEND Real Estate & Asset Management Special Site Conditions A-Figure 4: Conceptual Parcel Framework June 2018 Potential Track 61 Extension MMT Parcel 5 RFP 0’ 100’ 200’ 400’ Existing Streets Proposed Streets South Boston, MA PARCEL 5 DEVELOPMENT MASSPORT MARINE TERMINAL TIDE STREET EXTENSION BOSTON, MASSACHUSETTS
DEVELOPER MP MMT DEVELOPMENT CO, LLC c/o MILLENIUM PARTNERS 7 WATER STREET, SUITE 200 T: 617.451.0300 ARCHITECT HANDEL ARCHITECTS, LLP 120 BROADWAY, 6TH FLOOR NEW YORK, NY 10271 T: 212.595.4112 F: 212.595.9032 CIVIL ENGINEER WSP USA Boston Sword 75 ARLINGTON STREET BOSTON, MA 02116 T: 617.426.7330 STRUCTURAL ENGINEER & Tuna DeSIMONE CONSULTING ENGINEERS 31 MILK STREET, SUITE 1016 BOSTON, MA 02109 T: 617.936.4492 PHASE 1 MEP ENGINEER WSP USA FFE = 20.5 88 BLACK FALCON AVENUE, SUITE 210 EXISTING BOSTON, MA 02210 T. 617.210.1600 HARBOR LANDSCAPE ARCHITECT KLOPFER MARTIN DESIGN GROUP SEAFOODS 214 CAMBRIDGE STREET BOSTON, MA 02114 T: 617.227.2560
SERVICE ROAD Parcel 5
NOT FOR PARCELSeafood 6 CONSTRUCTION NO. DATE ISSUANCE Processing 2 09/27/2017 SCHEMATIC DESIGN
PHASE 2 NOTES: FFE = 20.5 1. ALL DRAWINGS SCHEMATIC IN NATURE AND Parking Garage SUBJECT TO REVISION KEY PLAN
PROJECT PARCEL 4 NORTH
SEAFOOD WAY PHASE 1 N
PHASE 2
WARD 6 - PARCEL 0602674000 SITE PLAN #17034
FID KENNEDY AVE FID KENNEDY AVENUE
SCALE AS NOTED PROJECT NO: 1317 SEAL & SIGNATURE
FID KENNEDY AVENUE DRAWING TITLE.: UTILITIES PLAN - GENERAL Massachusetts Port Authority LEGEND A-Figure 5: Tide Street ExtensionN Utilities Real Estate & Asset Management Waterline Electric June 2018 Drainage Telecom MMT Parcel 5 RFP DRAWING NO: 0 50 100 200 South Boston, MA Parcel 5 C-104 FOR BWSC USE ONLY TIDE STREET Boston Inner Harbor Parcel A-2
Massport Marine Terminal
Seaport FID KENNEDY AVENUE Fan Pier Boston World Fish Pier Trade Center NORTHERN AVENUE 90 FID KENNEDY AVENUE 88 Black Falcon SEAPORT BOULEVARD NORTHERN AVENUE Raymond L. Flynn
TIDE STREET Marine Park B STREET
NORTHERN AVENUE BLACK FALCON AVENUE
Fort Point CONGRESS STREET
D STREET Innovation & Design Building
I-90 DRY DOCK AVENUE CONGRESS STREET TRADE WORLDCENTER AVENUE Flynn Cruiseport Boston
SBWTC MASSPORT HAUL ROAD
SUMMER STREET MASSPORT HAUL ROAD Reserved Channel South Conley Terminal Station SHORE ROAD
INMAN STREET GE HQ FARGO STREET
A STREET USPS Boston Convention D STREET
EAST FIRST STREET FARRAGUT ROAD
and Exhibition Center THOMAS J. BUTLER FREIGHT CORRIDOR DORCHESTER AVENUE DORCHESTER 90 Fargo Street Terminal EAST SECOND STREET
Fort Point Channel P STREET Redgate Real Estate EAST THIRD STREET
SUMMER STREET O STREET SOUTH BOSTON BY-PASS ROAD
E STREET EAST BROADWAY N STREET
L STREET
PAPPAS WAY M STREET
BULLOCK STREET Pappas Gilette Company Leasehold
EAST FIRST STREET
K STREET EAST FOURTH STREET
EAST SECOND STREET WEST FIRST STREET N STREET
J STREET EAST FIFTH STREET
B STREET L STREET A STREET BOLTON STREET EAST THIRD STREET WEST SECOND STREET EAST SEVENTH STREET COLUMBIA ROAD WEST SECOND STREET M STREET WEST THIRD STREET C STREET
EAST SIXTH STREET EAST BROADWAY
Massachusetts Port Authority LEGEND Real Estate & Asset Management Highways Interstate Ramp Access A-Figure 6: Truck Routes June 2018 Primary Truck Routes Massport Property MMT Parcel 5 RFP 0’ 500’ 1000’ 2000’ Proposed Truck Routes Parcel 5 Truck Routes South Boston,MA
APPENDIX B – SITE DETAIL AND BACKGROUND
Environmental and Geotechnical Issues
The selected Developer will be expected to perform all necessary environmental studies pertaining to Parcel 5. There are, however, several key site-wide environmental issues noted as follows:
• Subsurface conditions are variable due to the filled nature of near-surface materials at the offered site. The majority of the eastern portion of the Site was filled in the 1940s, while the western portion of the site was filled in the 1980s. The surface fill material included coal, coal ash, and/or wood ash, and various types of debris, and was detected in a number of borings, from the surface to a depth ranging between 15 feet and 27 feet below grade. In many areas of the Site, a fill material generally consisting of grey fine sand with bits of shell was encountered between the surficial fill material above, and deeper native silt/clay marine materials below, beginning at depths ranging from approximately 15 feet to greater than 20 feet below grade.
• Groundwater is at a relatively consistent elevation across the entire site. However, a consistent flow direction could not be determined. Groundwater flow at the site likely varies due to its proximity to the Boston Inner Harbor, tidal influences, and variable subsurface soil conditions.
• The source of subsurface soil contamination that has been encountered is historical fill materials, used to create the land containing the site. There are no known point-sources for subsurface contamination. The soil contaminants tend to be scattered randomly throughout the site.
• Several metals, VOCs, SVOCs (including PAHs), PCBs, and petroleum compounds have been detected in site soils at concentrations that exceed DEP reportable concentrations, and background levels for an area of urban fill. At most locations these contaminants were detected at only very low or trace levels. Several metals and PAHs were detected at levels that exceed the most stringent potentially applicable Method 1 S-1/GW-3 cleanup standards.
• An Activity and Use Limitation (“AUL”) has been implemented to restrict residential and other specific uses on the site, and require implementation of a soil management plan and health and safety plan, along with oversight of an LSP, during any subsurface utility or construction work.
Previous studies as well as a pdf of the AUL are available for download at http://www.massport.com/business-with-massport/planning-and-development/mmt-rfp-resources.
Transportation The MMT is advantageously located with excellent transportation connections (i.e., Logan International Airport, Conley Terminal, and Interstates 90 and 93) and close proximity to the Boston customer base. There are, however, transportation issues that have risen from the rapid development of the Boston waterfront. Massport, along with the City of Boston, Massachusetts Department of Transportation, and Massachusetts Convention Center Authority, worked with VHB Inc. and key stakeholders, on the South Boston Waterfront Sustainable Transportation Plan, released in January 2015. Parcel 5 is located within the Study Area, and recommendations from the Plan would address improved circulation within the district as well as the region. The South Boston Waterfront Sustainable Transportation Plan and Executive Summary, as well as other relevant studies, can be downloaded from http://www.massport.com/business-with-massport/planning-and-development/mmt-rfp-resources.
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Other Key Transportation Notes • Truck. The MMT provides excellent access for trucks to and from the regional highway system including I-90, I-95 and I-93. The South Boston Bypass Road, which is limited to commercial vehicle traffic only, and the Massport Haul Road provide efficient truck access to within one block of the MMT.
• Rail. As part of the Development Analysis, Massport assessed the feasibility of extending commercial rail service to and onto the MMT. Such service would originate from CSX’s First Street Yard in Allston via the South Boston Running Track, also known as Track 61, which is operated by CSX. While Track 61 currently services the BMIP, it terminates approximately 900 feet south of the MMT site along Dry Dock Avenue and is currently inactive.
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APPENDIX C – INSURANCE AND OTHER REQUIREMENTS
Insurance Requirements Massport will require the selected Developer to provide and maintain, at Developer’s sole expense, the following minimum insurance coverage for the benefit of Massport and EDIC:
(a) Commercial General Liability insurance against claims for personal and/or bodily injury, death or property damage occurring on or about Parcel 5, or arising out of the entry upon and activities performed upon Parcel 5 by the Developer or Developer’s employees, contractors, subcontractors, consultants, agents, representatives, guests or invitees (collectively, “Developer’s Responsible Parties”), with limits of not less than Five Million Dollars ($5,000,000) combined single limit for personal and/or bodily injury or death to any number of persons with respect to any one accident or occurrence, and for property damage per accident or occurrence, with a minimum of Ten Million Dollars ($10,000,000.00) aggregate coverage limit.
(b) Commercial Automobile Liability and Property Damage Insurance covering all owned vehicles, hired vehicles or non-owned vehicles for all personal and property damages subject to a minimum limit of One Million Dollars ($1,000,000) per occurrence and One Million Dollars ($1,000,000) in the aggregate for damages arising out of personal and/or bodily injury, death and property damages arising out of the entry upon and activities performed on or about Parcel 5 by the Developer or Developer’s Responsible Parties;
(c) During any construction period, Builder’s Risk insurance (or such reasonably comparable insurance) on an all-risk basis (including collapse) in an amount equal to one hundred percent (100%) of the projected completed value of the building(s) and other improvements with “increased cost of construction” endorsement and shall insure against the perils of fire and extended coverage and physical loss or damage, including without duplication, coverages with respect to casualties arising due to subsurface work, shoring, blasting, pile driving, caisson work and the like, loss or damage to the equipment, supplies and materials furnished and stored, and owned and non-owned vehicle liability insurance with respect to all vehicles and registered mobile equipment and with respect to any unlicensed mobile equipment, written on a completed value, non-reporting form;
(d) Pollution Legal Liability Insurance covering first and third party claims for clean-up costs, personal injury and property damage on an on-site and off-site basis, subject to a limit of a minimum of not less than Five Million Dollars ($5,000,000) per claim;
(e) All Risk Property covering full replacement value of insured property located on the Parcel 5;
(f) Boiler and Machinery insurance, including pressure vessels and pipes, if there be any such vessel or pipes on Parcel 5, in an amount not less than One Million Dollars ($1,000.000.00), elevator insurance and such other insurance against other hazards as may, from time to time, be reasonably required by Massport;
(g) Flood insurance if (a) any portion of the improvements to Parcel 5 is currently or at any time in the future located in an area identified by the Secretary of Housing and Urban Development, or any successor, as an area having special flood, mudslide or flood-related erosion hazards and in which flood insurance has been made available under the National Flood Insurance Act of 1968 or the Flood Disaster Protection Act of 1973, as amended from 5
time to time, and (b) the broad form flood coverage required by clause (a) above is not available, for the lesser of the replacement value of the Improvements or the maximum amount available under the National Flood Insurance Program;
(h) Loss of Rent insurance, with loss payable to Massport, for an amount equal to all Rent and Additional Rent to be paid by Subtenant under this Sublease for a period of not less than twenty-four (24) months following any casualty;
(i) Workers’ Compensation Insurance as required by law and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000); and
(j) such other insurance as may be reasonably required by the Authority from time to time.
Each policy of insurance required hereunder shall be in a form and with a company reasonably satisfactory to the Authority that is authorized to do business in Massachusetts and having a so-called A.M. Best’s Rating of A- or better. All insurance coverage required under this subclauses (a) through (d) above shall be primary over any insurance policy which may be owned by the Authority and/or EDIC and all certificates of insurance required hereunder shall name the Authority, EDIC and their respective members, officers, directors, employees, and agents as additional insureds thereunder, and shall include a contractual liability endorsement covering Licensee’s indemnities as set forth in this Agreement. Certificates evidencing such insurance shall be delivered to the Authority prior to or at the Effective Date of this Agreement and thereafter not less than twenty (20) days prior to the expiration of each such coverage. Upon the Authority’s request, the Developer shall deliver copies of such insurance policies to the Authority. Such policies shall contain a provision that they cannot be canceled or modified unless the Authority is given at least twenty (20) days prior written notice of such cancellation or modification, and a provision that any loss payable thereunder shall be payable notwithstanding any act or negligence of the Authority or the Developer which might, absent such provision, result in a forfeiture of all or part of the payment of such loss. The Authority may from time to time require that the amount of the general liability insurance to be provided and kept in force by the Developer under the development agreement and the ground sublease be reasonably increased.
The actual terms of the insurance obligations and responsibilities of the selected Developer shall be more particularly set forth in the development agreement and the ground sublease.
Avoidance of Labor Strife The selected Developer and their respective subtenants, employees, contractors and subcontractors, suppliers, vendors, licensees, guests and invitees shall work in harmony with all elements of labor directly involved with the Project, as well as those employed by Massport. The selected Developer shall acknowledge that Massport is a party to certain collective bargaining agreements with unions and it is expressly understood and agreed that the ground sublease and all sub-subleases shall be subject to and limited by the terms of such collective bargaining agreements and that any obligations which Massport may have with respect to the Parcel 5 site offering or any portion thereof under said collective bargaining agreements.
Disclosure and Compliance Certificates In conjunction with the execution of the Sublease, the Developer will be required to submit a disclosure of beneficial interests statement in compliance with M.G.L. c. 7C, Sec. 38 and a Certificate of Compliance with Laws, copies of which are attached hereto as Appendices E-5 and E-6, respectively.
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Deposit The selected Developer will be required to provide a deposit to secure the performance of its obligations under the development agreement. This deposit will be posted at the time of execution of the development agreement. No deposit or fees are required for submittal of this RFP.
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APPENDIX D – MASSPORT DEVELOPMENT DESIGN REVIEW PROCESS
Massport Development Design Review Process Overview for Selected Developer
1.1 Design Review Submission Requirements: General
Required submissions shall be made at four stages of project design and construction: Conceptual Design, Schematic Design, Design Development, and Final Plans and Specifications. Submissions shall include the materials described below. Massport’s right to approve and the process by which Massport shall approve or disapprove such submissions are set forth in Section A below. Massport shall cooperate with the Developer’s efforts to complete the development review process with the Boston Planning & Development Agency (“BPDA”) as set forth in Section B below. Massport and the Developer shall each designate a construction representative as set forth in Section C below. Mandatory pre-submission meetings, which shall include the Developer’s design team, are required for all phases of design review at least two weeks prior to any submittal of plans to Massport.
Submission and review of design materials will be a continuing process and it is expected that reasonable requests by Massport for progress prints, technical information and other materials in addition to those required herein will be met by the Developer. Construction representatives of Massport and the Developer (designated as set forth below) shall meet on a regular basis but no less frequently than monthly unless the parties otherwise agree, to review the status of the development of design materials for the Project. All materials submitted by the Developer to Massport during the Conceptual Design Stage, Schematic Design Stage, Design Development Stage, and the Final Plans and Specifications Stage shall comply with the following requirements: a) Pre-submission meetings (at least two weeks prior to a submission) shall have been held with respect to each stage.
b) Such materials shall conform to the Development Concept Plan approved previously by Massport, as the same may be revised by the Developer and approved by Massport.
c) Such materials shall have been prepared by an architect, engineer, landscape architect and/or surveyor, as appropriate, licensed to practice by the Commonwealth of Massachusetts.
d) Final plans and specifications shall conform to all applicable rules, regulations, ordinances, codes and laws of any governmental authority having jurisdiction over the construction, maintenance and use of the Project.
e) Such materials shall comply with all applicable covenants, agreements and restrictions affecting the Premises and the Project.
f) All materials shall be submitted in digital .pdf format as well as two (2) full-size plan sets and five (5) half (1/2) size plan sets. At Massport’s request, such materials or parts thereof shall be submitted in digital file format.
Section A. Approval of Design Submissions
All design and construction on Massport property is subject to applicable building code review by Massport’s Department of Public Safety’s (“DPS”) State Building Inspector. As required by the State Building Code, one set of plans (in addition to the ones intended for other Massport design review),
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must be submitted to Massport’s Capital Programs Department for review and comment. These plans will then be submitted to the State Building Inspector for review.
(i) Except as herein below expressly otherwise provided, Massport shall have the right to approve the materials submitted to Massport pursuant to the provisions of Massport’s Design Review Process as described in this document, and any substantial modifications of such materials. Within a reasonable time, but not later than thirty (30) days (or such longer period of time as is mutually agreed upon by the parties) after submission by the Developer of any such materials, Massport shall in writing either approve such materials or notify the Developer of the specific respects in which it finds such materials to be unacceptable. Provided that (A) the Developer has placed in bold type on the exterior of the envelope containing such request for approval, as well as on the top of the written request itself, the statement (in a reasonable size font) that Massport’s failure to respond to such request within such 30- day period (or within such longer period as has been mutually agreed upon by the parties) after receipt of such materials shall be deemed approval thereof, and (B) simultaneously sending such request and the other required materials to the Real Estate & Asset Management Department, Massachusetts Port Authority, One Harborside Drive, Suite 200S, East Boston, Massachusetts 02128-2909, Attention Andrew G. Hargens, Acting Chief Development Officer – Real Estate & Asset Management Department, then Massport’s failure to respond within such 30-day period (or within such longer period as has been mutually agreed upon by the parties) after receipt of the same by its Real Estate & Asset Management Department shall be deemed to constitute Massport’s approval of such materials.
Promptly after receipt of notice from Massport that it disapproves of any specific matters, the Developer shall revise such materials in a manner acceptable to Massport and shall make a revised submission within ten (10) business days (or such longer period of time as is mutually agreed upon by the parties) after receiving Massport’s notice of disapproval. All resubmissions and subsequent approvals or disapprovals thereof shall be made and given in accordance with the procedure hereinabove provided for the original submission, until the relevant materials shall be approved by Massport as set forth above.
(ii) Massport’s primary objective in the review of the aesthetics of the Project is the appropriateness of the proposed building exteriors, including the palette of materials, for its maritime industrial use and the Project’s design compatibility with the maritime industrial vernacular of the buildings and structures in the area. Aside from review by Massport’s DPS and the State Building Inspector for building code compliance, Massport’s design review of interior spaces shall apply primarily to interior space within the Project that will be available for public use or pedestrian flow including, but not limited to, lobbies, hallways, entrances/exits, and retail areas. Massport’s interests in this area include the review of programmatic elements, the functionality of these spaces, the consistency between the level of interior finishes and amenities, and target tenant markets that support the project pro forma.
Section B. Intergovernmental Cooperation
Massport shall cooperate with the Developer in the Developer’s efforts to complete any reasonable development review process which the Developer may choose to engage in, on a voluntary basis, with the BPDA. The Developer shall give Massport notice of and the opportunity to attend, at Massport’s option, all design review meetings with the BPDA so as to assure that design decisions and revisions are coordinated between Massport and the BPDA. The Developer and Massport recognize that cost and time savings may be achieved by coordinating Massport’s Design Review Process with the BPDA’s design review process.
In addition, Massport recognizes that much of the materials that the Developer will be submitting as a part of Massport’s Design Review Process also may be submitted to the BPDA as a part of the BPDA’s 9
design review process, and that the materials are intended to be substantially the same. Notwithstanding any such coordinated Massport/BPDA design review, however, the Developer acknowledges that, regardless of the status of any approval of the BPDA under the BPDA’s design review process, the Developer must obtain Massport’s approval of all plans, specifications or other materials as required under Massport’s Design Review Process.
Building permits for projects on Massport-controlled land are procured through the State Department of Public Safety, with the exceptions of (1) the electrical permit from City of Boston Inspectional Department, and (2) sewer hookup permit from the Boston Water and Sewer Commission.
Section C. Construction Representatives
Massport and the Developer shall each designate an authorized project representative and, after notice thereof to the other and until such designation is changed or withdrawn, such authorized project representative shall deliver and receive all notices, approvals, communications, plans, specifications or other materials required or permitted to be delivered or received under the Design Review Process. If the Developer so requests, Massport’s authorized project representative shall attend the Developer’s meetings with the BPDA.
1.2 Design Review Submission Requirements: Conceptual Design
The intent of the review at the Conceptual Design stage is to have initial confirmation of the basic development program and preliminary design documentation, which may include the preparation of alternatives in response to Massport’s Design Guidelines and comments. In addition to basic program elements, this material should begin to document the specific manner in which the Project meets the essential needs of a maritime industrial facility. The preliminary site access and parking plan, for example, should demonstrate that adequate facilities will be provided to facilitate truck access/egress to/from the site, as well as movements on the site, and that the potential for future rail access to the site is not precluded. The following materials must be submitted:
a) Written description of the Project, including building and site improvements program (amount, location and overall dimensions); general transportation and parking approach; status of required permits; status of public or agency consultations; and estimated design and construction schedule.
b) Site plans: (i) Site plan at an appropriate scale (1” = 20’) showing the approximate location of proposed buildings and open areas, vehicular and pedestrian circulation improvements, parking and truck loading docks, dock and other maritime infrastructure improvements, cargo handling and storage facilities, rail infrastructure, building entries and public spaces, planting areas/landscape features and a preliminary layout of the proposed building(s); and
(ii) Site plan at an appropriate scale (1”=100’ or 50’) showing the proposed building(s) within the context of the broader Massport Marine Terminal, South Boston Waterfront and its existing transportation infrastructure, depicting approximate key truck and potential rail connections, any proposed off-site improvements.
c) Preliminary site access and parking plan that depicts and describes in more detail than the site plan the anticipated automobile and truck access and egress to and from the site and circulation within the site; truck loading/unloading areas as well as any truck layover/staging areas; employee and visitor automobile parking; primary and secondary routes for both automobiles and trucks to connect to local street network and the interstate highway system, as well as any anticipated off-site improvements to
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facilitate these connections; and the reservation of land for future rail improvements, including documentation that the proposed reservation will provide for viable and appropriate rail service to support the Project.
d) Analysis of marine infrastructure, including Reserved Channel seawall, should provide approximate technical specifications (e.g., dimensions, loading capacities) for all proposed new or improved facilities. This material should include a conditions assessment report of these infrastructure items as part of the initial conceptual design phase, as well as how the Project plans to upgrade these elements to serve the development.
e) Preliminary building and site sections.
f) Preliminary building elevation studies indicating building access and fenestration patterns and materials.
g) Preliminary floor plans for the ground floor and, as applicable, mezzanine and/or other upper floors.
h) Study perspective sketches taken from primary vehicular and pedestrian approaches to the site, depicting buildings, other major structures, and basic landscaping.
i) Written description and preliminary design information concerning the sustainable building and site design principles that the Developer has identified as applicable to the Project in accordance with the provisions of the Development Agreement, organized in Massport’s format for the LEED program checklist of the U.S. Green Building Council or another format acceptable to Massport in light of the size, intended uses, and projected construction cost of the Project.
1.3 Design Review Submission Requirements: Schematic Design
The intent of the review at this stage is to secure agreement on the development program and basic design as documented by dimensional plans and preliminary building elevations and sections. The following materials must be submitted:
a) Updated written description of the Project including all program elements and space allocation for each element, and an updated development schedule for the Project. At a minimum, this material should include a detailed description of the location and preliminary specifications of proposed buildings and other structures, roadways and parking areas, maritime infrastructure, utility systems, and sidewalks and landscape features.
b) Updated site plan at an appropriate scale (e.g. 1” = 20’) showing: (i) Relationships of proposed and existing buildings and open areas, including open areas mutually defined by buildings on adjacent parcels and across streets;
(ii) Location and dimensions of driveways, parking, service areas, roads, sidewalks, and major landscape features;
(iii) Location of maritime infrastructure and a reservation for future rail improvements;
(iv) Automobile and truck access/egress points and circulation areas, including connections to primary and secondary transportation routes serving the site, any proposed off-site infrastructure improvements, loading docks, parking and layover areas, etc.;
(v) Preliminary grading, drainage and stormwater management, lighting and other utilities, and security; and
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(vi) Survey information, such as existing elevations, benchmarks, utilities, etc.
c) Preliminary grading plan, including drainage and stormwater controls and related utilities.
d) Preliminary utility plan showing water, gas, electric, telecommunications, etc., including analysis of utilities capacity supplying the site and their ability to meet projected site demand.
e) Updated site access and parking plan.
f) Updated analysis of marine infrastructure.
g) Site and building sections.
h) Schematic building plans showing ground and upper floor plans, as applicable (scale 1” = 20’).
i) Preliminary building elevations with identification of proposed material palette.
j) Description of the sustainable design and construction features of the Project organized in accordance with the format described in Section 1.2(i) above.
1.4 Design Review Submission Requirements: Design Development
The intent of the review at this stage is to secure agreement on the design prior to work on Final Plans and Specifications. The following materials must be submitted:
a) Updated written description of the Project, including a detailed description of the location and draft specifications for all program elements, including transportation and maritime infrastructure, and an updated development schedule for the Project.
b) Updated site plan at an appropriate scale (e.g. 1” = 20’ or as determined after approval of the site plan submitted at the Schematic Design Stage) showing:
(i) Spatial and functional relationship between proposed building, streets, parking, and open areas to existing or proposed adjacent buildings, streets, and open areas;
(ii) Location and dimensions of all proposed site improvements and amenities, including paving, landscaping, lighting, security, maritime infrastructure, a reservation for future rail improvements, and any proposed off-site infrastructure improvements; and
(iii) Building and site dimensions, including setbacks and other dimensions.
c) Proposed site grading plan, including typical existing and proposed grades at parcel lines and finished floor elevations for buildings.
d) Proposed utility plan.
e) Proposed site access and parking plan.
f) Site sections at an appropriate scale (e.g. 1” = 20’ or as determined after approval of the plans submitted at the Schematic Design Stage).
g) Building plans, sections and elevations at an appropriate scale (e.g. 1” = 10’ or 16’) developed from approved Schematic Design Stage drawings. Elevations shall show the Project in the context of the surrounding area as required by Massport to illustrate its compatibility of character, scale and materials to the maritime industrial vernacular. All plans, sections and elevations shall reflect the impact of proposed structural and mechanical systems on the appearance of exterior facades, interior public spaces, and roofscapes. 12
h) Outline specifications of all materials for site improvements, exterior facades, roofscapes, and interior public spaces, including the palette of proposed exterior materials with samples of exterior materials and options.
i) Eye-level perspective drawings showing the Project in the context of the surrounding area.
j) Updated description of the sustainable design and construction features of the Project organized in accordance with the format described in Section 1.2(i) above.
k) Proposed construction schedule for the project.
1.5 Design Review Submission Requirements: Final Plans and Specifications
The intent of the review at this stage is to secure agreement on the detailed design and specifications of the Proposal. The following materials must be submitted:
a) Updated written description of the Project, including all program elements and space allocation for each element.
b) Updated site plan showing all site development and landscape details for lighting, paving, planting, utilities, grading, drainage, and security.
c) Final access and parking plan.
d) Complete architectural and engineering drawings and specifications.
e) Palette of proposed exterior materials, including material samples with options.
f) Eye-level perspective drawings that accurately represent the Project and a rendered site plan showing all adjacent existing and propose structures, streets and site improvements.
g) Detailed construction schedule and construction phasing plan for the Project.
h) Description and documentation of the sustainable design and construction features of the Project organized in accordance with the format described in Section 1.2(i) above.
Note: During the preparation of the Final Plans and Specifications, it is the Developer’s responsibility to notify Massport promptly and secure its approval of all changes from the approved Design Development Stage drawings that are contemplated for site improvements, exterior facades, roofscape and interior public spaces. Progress drawings representing 60 percent completion of the Final Plans and Specifications may be required for review by Massport.
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APPENDIX E – REQUIRED TEMPLATES AND FORMS
Templates E-1 through E-3 are available as an Excel workbook that can be downloaded at http://www.massport.com/business-with-massport/goods-and-services/rfps/.
1. Sample Template for Development Budget 2. Sample Template for Financing Plan 3. Sample Template for Operating and Cash Flow Projections 4. Certificate of Non-Collusion 5. Disclosures Statement 6. Certificate of Compliance with Laws
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APPENDIX E-1 SAMPLE TEMPLATE FOR DEVELOPMENT BUDGET
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APPENDIX E-2 SAMPLE TEMPLATE FOR FINANCING PLAN
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APPENDIX E-3 SAMPLE TEMPLATE FOR OPERATING AND CASH FLOW PROJECTIONS
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APPENDIX E-4 CERTIFICATE OF NON-COLLUSION
Certificate of Non-Collusion
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.
______Signature of individual submitting bid or proposal
______Name of business
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APPENDIX E-5 DISCLOSURES STATEMENT
DISCLOSURES STATEMENT FOR TRANSACTION WITH A PUBLIC AGENCY CONCERNING REAL PROPERTY M.G.L. c. 7C, s. 38 (formerly M.G.L. c.7, s. 40J)
The undersigned party to a real property transaction with a public agency hereby discloses and certifies, under pains and penalties of perjury, the following information as required by law:
(1) REAL PROPERTY:
(2) TYPE OF TRANSACTION, AGREEMENT, or DOCUMENT:
(3) PUBLIC AGENCY PARTICIPATING in TRANSACTION: Massachusetts Port Authority
(4) DISCLOSING PARTY’S NAME AND TYPE OF ENTITY (IF NOT AN INDIVIDUAL):
(5) ROLE OF DISCLOSING PARTY (Check appropriate role):
_____Lessor/Landlord _____Lessee/Tenant
_____Seller/Grantor _____Buyer/Grantee
_____Other (Please describe): ______
(6) The names and addresses of all persons and individuals who have or will have a direct or indirect beneficial interest in the real property excluding only 1) a stockholder of a corporation the stock of which is listed for sale to the general public with the securities and exchange commission, if such stockholder holds less than ten per cent of the outstanding stock entitled to vote at the annual meeting of such corporation, or 2) an owner of a time share that has an interest in a leasehold condominium meeting all of the conditions specified in M.G.L. c. 7C, s. 38, are hereby disclosed as follows (attach additional pages if necessary):
NAME RESIDENCE
(7) None of the above- named persons is an employee of the Commonwealth of Massachusetts Division of Capital Asset Management and Maintenance, the Massachusetts Port Authority, or an official elected to public office in the Commonwealth of Massachusetts, except as listed below (insert “none” if none):
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(8) The individual signing this statement on behalf of the above-named party acknowledges that he/she has read the following provisions of Chapter 7C, Section 38 (formerly Chapter 7, Section 40J) of the General Laws of Massachusetts:
No agreement to rent or to sell real property to or to rent or purchase real property from a public agency, and no renewal or extension of such agreement, shall be valid and no payment shall be made to the lessor or seller of such property unless a statement, signed, under the penalties of perjury, has been filed by the lessor, lessee, seller or purchaser, and in the case of a corporation by a duly authorized officer thereof giving the true names and addresses of all persons who have or will have a direct or indirect beneficial interest in said property with the commissioner of capital asset management and maintenance. The provisions of this section shall not apply to any stockholder of a corporation the stock of which is listed for sale to the general public with the Securities and Exchange Commission, if such stockholder holds less than ten per cent of the outstanding stock entitled to vote at the annual meeting of such corporation. In the case of an agreement to rent property from a public agency where the lessee’s interest is held by the organization of unit owners of a leasehold condominium created under chapter one hundred and eighty-three A, and time-shares are created in the leasehold condominium under chapter one hundred and eighty-three B, the provisions of this section shall not apply to an owner of a time- share in the leasehold condominium who (i) acquired the time-share on or after a bona fide arms length transfer of such time-share made after the rental agreement with the public agency is executed and (ii) who holds less than three percent of the votes entitled to vote at the annual meeting of such organization of unit owners. A disclosure statement shall also be made in writing, under penalty of perjury, during the term of a rental agreement in case of any change of interest in such property, as provided for above, within thirty days of such change.
Any official elected to public office in the commonwealth, or any employee of the division of capital asset management and maintenance disclosing beneficial interest in real property pursuant to this section, shall identify his position as part of the disclosure statement. The commissioner shall notify the state ethics commission of such names, and shall make copies of any and all disclosure statements received available to the state ethics commission upon request.
The commissioner shall keep a copy of each disclosure statement received available for public inspection during regular business hours.
(9) This Disclosure Statement is hereby signed under penalties of perjury.
______PRINT NAME OF DISCLOSING PARTY (from Section 4, above)
______AUTHORIZED SIGNATURE of DISCLOSING PARTY (MM / DD / YYYY)
______PRINT NAME & TITLE of AUTHORIZED SIGNER
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APPENDIX E-6 CERTIFICATE OF COMPLIANCE WITH LAWS
CERTIFICATE OF COMPLIANCE WITH LAWS
Massachusetts Employment Security Law Pursuant to G.L. c. 151A §19A(b), the undersigned hereby certifies under the penalties of perjury that Tenant, with the Division of Unemployment Assistance (D.U.A.) ID Number ______, has complied with all laws of the Commonwealth relating to unemployment compensation contributions and payments in lieu of contributions.
[Compliance may be certified if Contractor has entered into and is complying with a repayment agreement satisfactory to the Commissioner, or if there is a pending adjudicatory proceeding or court action contesting the amount due pursuant to M.G.L. c. 151A §19A(c)].
Revenue Enforcement and Protection Program Pursuant to G.L. c. 62C, § 49A, the undersigned hereby certifies that Contractor's tax payer identification number is (complete applicable item): Social Security No. is ______or Federal Identification No. is ______and that to the best of his/her knowledge and belief, Contractor has filed all state tax returns and paid all state taxes required by law, and has complied with all laws of the Commonwealth relating to taxes, the reporting of employees and contractors, and withholding and remitting of child support.
Massachusetts Child Care Law Pursuant to Chapter 521 of the Massachusetts Acts of 1990, as amended by Chapter 329 of the Massachusetts Acts of 1991, the undersigned hereby certifies that Tenant (please check applicable item):
1. _____ employs fewer than fifty (50) full-time employees; or 2. _____ offers either a dependent care assistance program or a cafeteria plan whose benefits include a dependent care assistance program; or 3. _____ offers child care tuition assistance, or on-site or near-site subsidized child care placements.
Certification Regarding Companies Doing Business with or in Northern Ireland Pursuant to G.L. c. 7, § 22C, the undersigned hereby certifies under the pains and penalties of perjury that Contractor is not engaged in the manufacture, distribution or sale of firearms, munitions, including rubber or gas bullets, tear gas, armored vehicles or military aircraft for use or deployment in any activity in Northern Ireland, and that Contractor (check applicable item):
1. ______Does not employ ten or more employees in an office or other facility located in Northern Ireland; or
2. ______Employs ten or more employees in an office or other facility located in Northern Ireland, but such office or other facility in Northern Ireland (a) does not discriminate in employment, compensation or the terms, conditions and privileges of employment on account of religious or political belief; and (b)
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promotes religious tolerance within the workplace, and the eradication of any manifestation of religious and other illegal discrimination.
CONTRACTOR:
By: ______
Title: ______
Date: ______, 2018
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APPENDIX F – MASSPORT MARINE TERMINAL BASE PLAN
The Massport Marine Terminal Base Plan CAD file is available to download at http://www.massport.com/business-with-massport/goods-and-services/rfps/.
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