Combo Cell Tower 031924.pdf

Town of Harvard, Massachusetts

Invitation for Bids from

Personal Wireless Service Providers or Infrastructure Providers for

Lease of Land to Construct and Operate a Wireless Facilities Tower at

The Town of Harvard

Hildreth House Parcel

(“Town of Harvard Tower Facility IFB”)

March 20, 2024

Contents

I. Introduction

II. Tower Facility, Site and Lease Term

III. Objectives

IV. Outcome of Process

V. Design and Related Requirements

VI. List of Appendices

VII. Bid Submission Requirements and Process

VIII. Pre-Lease Process and Requirements

IX. Design Submissions

X. Future Zoning and Other Permitting

Appendix A: Site Plans

Appendix B: Definitions

Appendix C: Bid Submission Checklist

Appendix D: Bid Form

Appendix E: Bid Information Sheet

Appendix F: Certificate of Tax Compliance

Appendix G: Certificate of Non-Collusion

Appendix H: Draft Sample Lease

I. Introduction

The Town of Harvard (“Town”) is seeking bids from qualified providers of Personal Wireless

Services (“Wireless Providers”) licensed by the Federal Communications Commission (“FCC”) and qualified Wireless Infrastructure Providers for the purpose of leasing Town land to develop and operate a wireless facilities tower with ground-level infrastructure occupying up to 2500 square feet

(the “Site”), plus access and utility easements (collectively, the “Tower Facility“) for a period of up to twenty (20) years. The site is located on 15 Elm Street, Parcel 17C 036 (the “Parcel”).

The lack of adequate wireless services across the Town has become an unacceptable risk to public safety. The Town has determined that the site is a prime location for a tower to provide improved wireless services. The location is proximate to the economic center of Town. The site is on high ground. Town Meeting has approved the use of the site, subject to the Select Board’s final approval.

The Lessee is expected to charge Tenants at rates that are commensurate with the rates obtained in the region.

The Town seeks to enter a lease with a Successful Bidder for an initial term of 10 years, with four (4)

5-year options to renew.

The Town requires:

1. Base Rent: A bid amount of at least Twenty Thousand Dollars

($20,000) per year (in the first year, escalated per #3 below) which will cover use by the first two wireless tenants

2. A minimum Revenue Share Rate of 15% for the third and subsequent tenants (see Definitions in Appendix B) to be paid to the

Town.

3. Escalator: An annual escalator of at least two and one- half percent

(2.5%).

The Town reserves the right to: waive any provision(s) of this IFB, reject any or all bids, to accept any bid, or any part of a bid, or to do anything else it deems best in the interest of the Town, as set out in the Objectives in Section III IV below.

Authorization for the Town to enter a lease pursuant hereto was granted by the Harvard Annual

Town Meeting on May 14, 2022 (Article 22). Final authority to enter into a lease is with the Select

Board.

“Lease Commencement” shall occur the first day of the month after the Successful Bidder has obtained a building permit, provided that in no event shall Lease Commencement occur later than

January 1, 2025 unless a) waived by the town at its sole discretion or b) Successful Bidder is still diligently pursuing the necessary permits and/or defending upon appeal, or c) Successful Bidder has diligently pursued prospective tenants and no carrier has yet committed to occupying the tower.

The Successful Bidder in coordination with the Town Administration and/or Select Board shall timely apply for and diligently pursue all zoning approvals required for its occupancy and use, which approvals shall then be a condition for any lease and sublease pursuant hereto. (The Wireless

Communications Bylaw is available at https://ecode360.com/13697459#13697459). Pursuant to the height requirements and limitations in section II.3. below, if zoning approval is not granted for a 4-carrier tower at the height requested, the Lessee may withdraw from the lease by notifying the Town in writing after such failure to grant. Such withdrawal shall be entirely at the expense of the Lessee, including, without limitation, all expenses incurred by the Lessee in pursuit of this project.

The Town will cover the costs of its own personnel in this endeavor; the Successful Bidder will cover all other costs. In coordination with Lessee, the Town will provide reasonable assistance from

Town personnel to support the pursuit of government approvals and the construction operations on site.

The Successful Bidder/Lessee shall be responsible for applying, with deliberate speed, for all required governmental approvals necessary for the development and operation of the Tower Facility and each Wireless Facility attached thereto, and for vigorously and diligently defending on its own behalf all such governmental approvals granted to them for or at the Tower Facility, including any approvals, permits or licenses made by a board or commission of the Town (including a special permit from the Harvard Planning Board) which are challenged by a third party in any administrative agency or trial level court.

The Lessee is responsible for the Lessee’s costs thereof, including any attorney fees and legal costs and expenses and/or consultant costs. During such appeal period, the Successful Bidder/Lessee would not have to make rental payments to the Town if the Lessee is unable to operate its Wireless

Facility. In the event the trial court overturns the zoning board’s decision, including the issuance of a special permit, the Lessee is not required to further defend the Special Permit and has no further obligation for or under the Lease.

The timelines for events are as follows. All dates are subject to change by Addendum. Additionally, all bids and bid prices shall remain firm and subject to acceptance by the Town until October 31, 2024 notwithstanding any date below.

✓ Non-mandatory Pre-Bid Conference March 28, 2024 at 10:30 A.M.

✓ Deadline for Bids: April 30, 2024 at 2:00 p.m.

✓ Selection of Successful Bidder on or before no later than 5 days after above date (tentatively by May 3, 2024).

https://ecode360.com/13697459#13697459

✓ Vote by the Select Board to enter into Lease – Next SB meeting after date above (tentatively

May 21, 2024)

✓ Site Plan Meeting – within fourteen (14) days of the selection of Successful Bidder (i.e., within the first three weeks of May 2024).

✓ Preliminary Site Plan by Successful Bidder – 30 days after Site Plan Meeting

✓ Execution of Lease(s): Anticipated as soon after completion of site plan lease exhibit as practicable.

✓ Lease Commencement: Per Section I (defined above)

II. Tower Facility, Site and Lease Term

1. The Site where the Tower Facility is to be located is adjacent to the Town of Harvard’s

Hildreth House facility, in the western wooded part of the parcel. The “Site” includes a leased area of up to 2500 square feet plus access and utility easements as necessary (See

Appendix A – Property (including plan of the parcel)) for a monopole tower capable of supporting the macro-cell facilities of four wireless carriers. The height of the tower shall be no more than 135 feet above ground. The specifics of the Site development plan shall be negotiated between the Town and the Successful Bidder prior to executing the Lease. The parcel on which the Site is located is shown on the Town of Harvard’s Assessors’ Map No.

17C Parcel 36.

2. The parcel on which the Site is to be located is, and will remain, the locus of an active Town of Harvard public services building. Use of the Site shall not interfere with town use and operations.

3. The Site is in the Wireless Overlay District and outside the neighboring Historic District.

The Hildreth House and potentially other buildings near the locus are more than 50 years old. The Successful Bidder is responsible for addressing any environmental, historic, archaeological, and tribal matters relating to the development of the Tower Facility. The

Harvard zoning bylaw presently has a 105-foot height limit that is anticipated to require a variance, if the 135-foot height is determined to be necessary, unless the bylaws change before the initiation of permitting. Other variances or waivers might be necessary. Bylaws can be found at https://ecode360.com/13697459#13697459 A photo of a crane test near the Site is in Appendix A.

4. The Town makes no representations of any kind with respect to the Site, its adequacy to support the Tower Facility or prospective Tenants’ Wireless Facilities or its appropriateness for the intended use. Bidders will be permitted to inspect Town records relating to the Site and will have access to the Site to make visual inspections, perform surveys and/or radio tests, including crane tests, at their own expense, and otherwise to assure themselves that the

Site will be suitable for the proposed Personal Wireless Service use, with the prior written approval of the Town which shall not be unreasonably denied. The Town shall have the right to set reasonable conditions regarding the time, place and manner of such inspections, surveys or radio tests.

5. The compound area around the Tower base may be up to 2500 square feet within a single polygon whose shape may be determined by such factors as facility visibility, environmental limitations (e.g. wetlands or geology), topography and usability for the intended purpose. It is the intention of the Town to preserve as much tree cover as possible to provide maximum screening, particularly in the direction of the Town center. It has been determined by a crane test that the views from the center of Town are the most sensitive to the choice of location for the Tower and the protection of existing trees.

https://ecode360.com/13697459#13697459

6. The Lease shall be for an initial term of ten (10) years. The Lease shall automatically extend for up to four (4) additional five (5) year terms, if the Lessee has not given the Town written notice to terminate at least six (6) months prior to the end of such term. In the event of such extension of the term, all terms and conditions of the Lease shall remain in full force and effect, including the annual two and one-half percent increase in the rental payment.

7. Lease Commencement may be delayed during an appeal by a third party or a zoning or building approval or permit if it prevents the Lessee from operating the Tower Facility during the appeal period. In such case, Lease Commencement occurs upon the favorable termination of such appeal. If such an appeal and required cessation of use occurs after

Lease Commencement, the Lease term may be automatically extended for a period of time equal to the time of such delay.

8. The Town recognizes that the proposal is subject to zoning approval. To the extent that zoning approval requires a height that reduces the viability of the tower for four co-locators, the applicant may withdraw or renegotiate lease terms with the Town based on the reduced capacity.

9. The Site is suspected to have ledge that could affect construction. The Town makes no warranties with respect to conditions on the Parcel. The Town is open to modification of any lease requirements that are rendered infeasible by existing conditions, such as might be the case with underground utilities.

10. The Town expects that the visual impact of the project will be mitigated by the use of tree camouflage (a “monopine”). The final determination for leasing purposes will be made by the Town during the site-plan generation phase during which the Successful Bidder will be required to conduct a balloon test at the location of the tower and present photo-simulations to the Select Board for a decision.

11. The Town may request space for public safety radio antennas and equipment, on a space-available basis that does not conflict with up to four wireless tenants, at no cost to the Town.

The primary interest is in enabling Nashoba Valley Regional Dispatch District (NVRDD) to operate from the Site. Details will be arranged at Lease negotiation. The costs of the equipment, installation and maintenance shall be covered by the Town (or NVRDD, as applicable).

III. Objectives

The Town’s objectives in offering this IFB are to:

1. Increase public/residential safety by reducing the number and area of wireless communication ‘dead zones.’

2. Enable the provision of Personal Wireless Services near the center of Harvard in a manner consistent with good planning and design, while reasonably limiting visual and environmental impacts;

3. Continue the use of the Site for the Town uses and operations;

4. Provide revenue to the Town of Harvard, consistent with objectives 1, 2, and 3 above;

5. Provide an opportunity, consistent with the above objectives, for Wireless Providers licensed by the FCC to provide Personal Wireless Services in Harvard from the Tower Facility, thereby reducing the need for additional towers at other locations in the vicinity of the Town center.

6. Provide for improved public safety communications, to the extent it does not interfere with the foregoing.

IV. Outcome of Process

Rule for Award: The responsive and responsible bidder with highest Total Value will become the

Successful Bidder.

Upon execution of the Lease, which shall substantially conform with the model lease herein appended as Exhibit H, the Successful Bidder becomes the Lessee. If the Lessee is a Wireless

Provider, the Lessee may operate a Wireless Facility at the Tower Facility at no additional charge. If the Lessee is a Wireless Infrastructure Provider, the Lessee may sublet one uniformly-spaced aperture on the Tower and associated ground space to a First Tenant at no additional charge by the

Town. The Tower Facility shall be designed and constructed to maximize the number of Personal

Wireless Facilities that may occupy the Tower Facility as Tenants, up to the height limit authorized in zoning. It is the Town’s expectation that a tower height greater than the current 105-foot limit may be necessary to enable multiple Wireless Providers to be Tenants and reduce the risk of needing more towers near the Town center area.

The Lessee shall be responsible for the safe and effective operation, maintenance and repair of the

Tower Facility and common infrastructure, in accordance with the terms of this IFB. The Lessee shall also enforce in all sub-leases with Tenants compliance with the terms of the Lease and applicable law and regulations.

V. Design and Related Requirements

1. Compliance with Applicable Law and Regulations

The Lessee’s proprietary and common infrastructure, wireless facilities, and all related installations shall be fully compliant with all applicable federal and state laws and regulations, including the Massachusetts Building Code, and with the bylaws and regulations of the

Town, and shall not cause the Tower to be in non-compliance therewith.

2. Tower and Antenna Mounting

The dimensions, color and appearance of the Tower, Antenna Arrays and/or other equipment are subject to the Special Permit authority of the Planning Board, which determination(s) shall be deemed a Lease requirement. This IFB is based on the presumption that a monopine of good quality shall be installed.

Changes or additions to a Lessee’s or Tenant’s installation shall be designed so that the

Tower Facility remains within its inherent structural and spatial capacity and does not unfairly impede other Tenants or the Lessee from reasonable changes or additions of a commensurate degree. Lessee shall provide to the Town documentation, in advance, showing that any changes or additions or new attachments will comply with this requirement. This documentation is for the Town in its capacity as landlord and is separate from any requirements for zoning or building department authorizations.

3. Ground Space and Equipment Shelters

Equipment shelters are permitted at the Tower Facility provided they do not impede the reasonable co-location of other Wireless Providers on the site and satisfy zoning requirements for impacts, including without limitation visual and aesthetic.

4. Personal Wireless Service Facilities Only

Apart from services and equipment of the Town, pursuant to Paragraph 12 (Town Use), below, there shall be no services, equipment or storage at the Site, including on the Tower, other than are necessary to provide Personal Wireless Service from the Tower, unless otherwise authorized in writing by the Town in its sole discretion. The Tower Facility shall be unmanned. Subleasing Tenants may not further sublease their occupancies.

5. Siting, Fencing, Grading and Landscaping

The Site shall be positioned to minimize visual impacts in all directions, with particular attention to the ground-level view from the Hildreth House and its parking area and the skyline views from the center of town. The Successful Bidder shall coordinate site access and design with the Town. Driveway location, site clearing and tree removal shall be carefully planned to maximize screening. The Site shall be fenced, screened, graded and landscaped in a manner that is respectful of the Tower Facility’s residential and historic surroundings and shall comply with the requirements set forth in Section 125-27 of the Town’s Zoning

Bylaws. All cabinets, pads, equipment shelters, and equipment shall be screened from view to the greatest extent reasonably possible. Prior Lease Execution, an initial landscaping plan shall be subject to approval by the Town, which approval shall not be unreasonably withheld. The Town will allow the landscaping plan to be modified to satisfy the requirements of a Special Permit.

6. Cable Routing

Cable routing from the base station equipment to the Tower shall be neat and workmanlike, subject to any visual mitigations required under the Special Permit.

7. Utility Needs

Underground electrical and telecommunications utilities of sufficient capacity to serve all allowed uses on the Site shall be installed and maintained consistent with good engineering practices.

8. Lighting

External lighting at the Site shall be limited to that which is required to conduct emergency repairs and maintenance after dark, unless otherwise specifically authorized by the Town, and shall comply with the requirements set forth in applicable laws, bylaws and regulations.

There shall be no exterior motion detection lighting unless specifically authorized by the

Town.

9. Signage

There shall be no external signage at the Site by or for the Lessees, except if required by applicable law, or deemed, in the sole discretion of the Town, to be necessary for public safety. Customary safety and contact information signs may be posted on the compound fence in a neat, organized manner. The size, type, quality, shape and placement of any such sign shall comply with the requirements of Section 125-41 of the Town’s Zoning Bylaws, and shall be subject to approval by the Town, which approval may be denied by the Town in its sole discretion. Nothing herein shall prohibit or restrict any Town signage on the Parcel.

10. Site Work and Time Limits on Routine Maintenance

All site work shall be in compliance with all applicable laws, bylaws and regulations, including environmental requirements. No routine maintenance or construction/demolition shall be performed between the hours of 7:00 P.M. and 7:00 A.M.

11. Noise

Any equipment installed by Lessees shall comply with the noise requirements set forth in permits or approvals, including a Special Permit from the Harvard Planning Board, applicable laws, bylaws and/or regulations. Any noise-generating equipment installed at the

Site shall incorporate technology that will achieve the quietest operation reasonably attainable, with the goal of the facility not being audible to neighboring parcels and outside

Hildreth House and on its paved area.

12. Town Use

The Town shall have the right to use the Tower and the Site to accommodate communication antennas and associated equipment for the use by the police, fire and other departments of the Town, without charge, as long as it does not interfere with the operation and maintenance of the Personal Wireless Services of any Lessee. The Town shall be responsible for the cost of its equipment and its installation. It is anticipated that if such use is requested, it may include mounting one or more collinear (“whip”) antennas above the top of the structure and/or at lower elevations not to be occupied by wireless Tenants.

Structural design shall include this possibility.

VI. List of Appendices

The following appendices are referenced in the sections below.

Appendix A Property

Appendix B Definitions

Appendix C Bid Submission Checklist

Appendix D Bid Form

Appendix E Bid Information Sheet

Appendix F Certificate of Tax Compliance

Appendix G Certificate of Non-Collusion

Appendix H Lease

VII. Bid Submission Requirements and Process

1. Submission Checklist for Bidders

A bid submission checklist is included as Appendix C as a convenience to bidders only. The

Town is not responsible for errors or omissions in the checklist.

2. Bid Form

Bidders are responsible for accurately completing the Bid Form, attached hereto as

Appendix D. (See Paragraph 10 below for Bid Form information on submitting bids.)

3. Lease Signing Fee

Every bid shall be accompanied by Lease Signing Fee in the amount of Seventy-five

Hundred Dollars ($7,500) in the form of a certified check, treasurer’s check or cashier’s check issued by a responsible bank or trust company and payable to the Town, to partially defray some of the costs incurred by the Town in the IFB process. Upon lease execution with the Successful Bidder or termination of the IFB with no award, the lease signing fee will be returned to all unsuccessful bidders.

4. Bid Deposit (performance guarantee) and Replacement Bidders

The Lease Signing Fee shall also serve as a bid guarantee. A Successful Bidder which does not execute the Lease under this IFB shall forfeit its Lease Signing Fee, which shall be kept by the Town, and the next highest bidder with the next highest Total Value becomes the

Replacement Successful Bidder. The Lease Signing Fee of the Replacement Successful

Bidder is then at risk until a Lease is executed, unless Town terminates the IFB process. In the appointment of a Replacement Successful Bidder, the Town will reasonably amend the schedule to afford any Replacement Successful Bidder time to negotiate and execute a Lease.

5. Town’s Contact Person

The contact person for all information or questions regarding this IFB is:

Marie Sobalvarro

Chief Procurement Officer

Town Hall

13 Ayer Road

Harvard, MA 01451

Telephone No.:

978-456-4100 x330

E-Mail: msobalvarro@harvard-ma.gov

6. Addenda

It is intended, but not guaranteed, that addenda will be e-mailed or otherwise provided/posted by the Town to all parties to whom an IFB has been issued. All Bidders are cautioned it is their responsibility to verify the number of addenda which have been issued and to secure any needed copies from the Town. Prior to submitting a bid, Bidders are encouraged to ask the Town Contact Person (above) for addenda they may not have received. Failure to review all addenda prior to bid submission shall in no way relieve any bidder from the provision(s) of the addenda.

7. Pre-Bid Conference

A non-mandatory pre-bid conference will be held by the Town at the site of the Tower on

March 28, 2024 at 10:30 A.M., at which time the bid process will be discussed, and any relevant questions will be responded to at that time and/or accepted for a later response.

8. Site Visit

In addition to the site visit at the above referenced Pre-Bid Conference, prospective bidders may visit the Site by making arrangements through the Town Contact Person.

9. Examination and Interpretation of Documents in Invitation for Bids Process

a. Each bidder shall carefully examine the IFB documents to obtain a thorough understanding.

b. The failure of any bidder to thoroughly examine the IFB documents or to visit and examine the Site shall in no way relieve it of any obligation with respect to its bid or any responsibility assigned it under the Lease.

c. Statements as to conditions, including plans, measurements, dimensions, calculations, estimates, encumbrances and location of structures, etc. are made solely to assist bidders. The Town does not guarantee or represent their accuracy. Each bidder must satisfy itself, by its own examination and research regarding all conditions affecting its interests and make its bid in reliance thereon.

d. Interpretation of the provisions of the IFB will be made by the Town, provided the Town determines such interpretation is of sufficient importance that a response is warranted, and such request is received with sufficient time available to reasonably respond to the inquiry. Requests for interpretation shall be in writing and sent to the Town Contact Person. Oral or telephone interpretations, if made, shall be strictly informal and not legally binding.

e. Bidders are required to communicate all errors and discrepancies found in the

IFB, in writing, to the Town Contact Person.

10. Form and Submission of Bids

a. Bids must be submitted on the forms provided.

b. All blank spaces provided on the bid forms shall be filled in by type or ink and shall be legible. Where space is provided, sums shall be expressed both in words and in figures. In case of discrepancy between the two, the words shall govern.

c. No interlineation, additions, alterations or erasures shall be made on the forms.

d. All bids shall be signed by a person authorized to do so on behalf of the bidder.

e. All bidders must submit the following forms, copies of which are enclosed herewith as part of the Bid Submission Package:

i. Bid Form (Appendix D).

ii. Bid Information Sheet Responses – Required from Bidders (Appendix E).

iii. Certificate of Tax Compliance (Appendix F).

iv. Certificate of Non-Collusion (Appendix G).

Also required to be included in the bid submission package is the:

v. Lease Signing Fee/Bid Deposit (Section VIII, Paragraphs 3 & 4 above).

The bid submission package (all required forms, fee and deposit) shall be submitted to the

Town Contact Person (See Paragraph 5 above) by the Bid Deadline (See Paragraph 13 below) in a sealed envelope marked on the outside as follows:

“Bid – Town of Harvard Tower Facility IFB”

Bidder’s Company Name

Authorized Representative’s Name

Bidder’s Address

Bidder Representative’s E-Mail Address

Bidder Representative’s Telephone Number

11. Minimum Bid

The minimum bid is Twenty Thousand Dollars ($20,000) per year for the first two tenants

(Base Rent), to which shall be applied an annual Escalator of at least two and one-half percent (2.5%) for each subsequent year of the first 10-year term of the Lease and, as applicable, to each year of the two successive 5-year renewal terms. A Revenue Share Rate that is at least 15% of Additional Revenue of the third and any subsequent tenants (see

Definitions in Appendix B) shall also be offered by the bidder.

12. Modification or Withdrawal of Bids

Modifications or withdrawal of bids will be permitted provided that written notice of such modification or withdrawal is received by the Select Board’s Office prior to the opening of the bids.

13. Deadline

Bids are due by April 30, 2024 at 2:00 p.m. (unless extended by Addendum) at the office of the Contact Person, at which time they will be opened publicly.

14. Bids Binding and In Full Force and Effect

All bids shall remain in full force and until lease execution. Subject to an affirmative vote by the Select Board to enter into the respective Lease(s), the Successful Bidders shall thereafter execute the Lease with the Town by January 8, 2024, unless extended at the sole discretion of the Town. Lease commencement shall occur the first day of the month after the

Successful Bidder has obtained a building permit, provided that in no event shall Lease

Commencement occur later than December 1, 2024, unless waived by the Town at its sole discretion. By submission of its bid, each bidder agrees that if it is a Successful Bidder it shall enter a Lease with the Town that incorporates the requirements of this IFB, and that they accept the terms and conditions of this IFB, including the Lease Terms as set out in

Appendix H, as may be finalized by the Town consistent with this IFB.

15. Evaluation Criteria

The responsive and responsible bidder with the highest Total Value will be awarded a long-term ground lease with the Town. See Appendix B Definitions. A responsible bidder is any bidder whose responses to the Bid Information Sheet in Appendix E are determined by the

Town, at its sole discretion, to be satisfactory. A responsive bidder is any bidder whose response to this IFB is determined by the town to have complied with the terms of this IFB.

16. Town’s Reservation of Rights

a. The Town reserves the right to withhold the award to a Successful Bidder and withhold a lease when, in the reasonable judgment of the Town, the bidder(s) is unable, after written request of the Town, to furnish satisfactory evidence confirming adequate ability – financial, legal or otherwise – to comply with the requirements of this IFB throughout the term of the Lease.

b. The Town also reserves the right to reject any or all bids, to accept any bid, or any part of a bid, to waive any informalities or to do anything else it deems to be in the best interest of the Town, including, but not limited to, a determination by the Town that any or all leasing pursuant to this IFB will not further the one or more of the Objectives set out in Section III above.

17. Bids Become Property of the Town

All bids and related materials submitted in response to the IFB shall become the property of the Town and will not be returned to bidders unless otherwise determined by the Town in its sole discretion.

VIII. Pre-Lease Process and Requirements

Select Board Vote Required

The grant of a Lease is contingent upon a vote by the Select Board. All bids shall remain in full force and effect until lease execution.

1. Site Plan Meeting and Balloon Test

Within fourteen (14) days of the selection of the Successful Bidder by the Town in accordance with the IFB, the Town will hold a site plan meeting at the Harvard Town Hall with the Successful Bidder regarding the development of a preliminary site plan. A balloon test shall be conducted proximate to the site plan meeting (before, during or after, as agreed between the parties).

2. Preliminary Site Plan

The Lessee shall no later than 30 days after Site Plan Meeting, prepare and provide to the

Town a Preliminary Site Plan. The Preliminary Site Plan shall consist of a plot plan of the

Site showing the existing and proposed locations and dimensions of the components of the

Tower Facility including the Tower and common infrastructure, as well as any Wireless

Facilities intending to occupy the Tower Facility on or near Lease Commencement. The preliminary plan shall also show the location of the Site on the Parcel, and the existing access and utility easements. A proposed driveway and utilities access route shall also be shown.

Trees shall be mapped for girth, type and height and proposed tree removal shall be shown.

Other factors affecting the siting of the Tower Facility, such as wetlands or ledge, shall be presented. Photo-simulations based on the balloon test shall be submitted with the

Preliminary Site Plan. The Town shall make the final determination as to all matters and issues arising from the Preliminary Site Plan, consistent with the provisions of this IFB. This may require revisions to the Preliminary Site Plan for further discussion and approval prior to moving forward with the design process.

3. Execution of Lease After Vote By the Select Board

Subject and subsequent to a vote by the Select Board to enter into the Lease, the Successful

Bidder shall execute a Lease substantially conforming to the one provided by the Town

(Appendix H) within 60 days of the submission of the Preliminary Site Plan. Lease

Commencement shall occur the first day of the month after the Successful Bidder has obtained a building permit, provided that in no event shall Lease Commencement occur later than January 1, 2025 unless a) waived by the town at its sole discretion or b) Successful

Bidder is still diligently pursuing the necessary permits and/or defending upon appeal, or c)

Successful Bidder has diligently pursued prospective tenants and no carrier has yet committed to occupying the tower.

4. Post-Lease Contingencies and Rights of the Lessee

Lease Commencement is Contingent Upon Grant of Required Permits, including (i) any

Zoning Relief required from the Zoning Board of Appeals and a Special Permit Being

Granted by the Harvard Planning Board, the Town of Harvard Special Permit Granting

Authority, pursuant to Section 125-27 of the Zoning Bylaws (Appendix I), and (ii) the grant of applicable building permits for the Wireless Facility. After Lease Execution, Lessee shall apply for, and diligently pursue in good faith, a Special Permit, any other necessary zoning relief and any required building permits.

IX. Design Submissions

1. Preliminary Engineering Plans (Zoning Drawings)

The Lessee shall, within sixty (60) days after the execution of the Lease, and prior to the submission of any application for a Special Permit or other relief, prepare and submit its

Zoning Drawings and environmental/historical assessments to the Town. The Town may comment on and propose changes to the Preliminary Engineering Plans. The preliminary engineering plans shall be subject to approval by the Town, which shall not be unreasonably withheld.

2. Final Design Submissions (Construction Drawings)

a. Conditioned upon the approval of the Preliminary Engineering Plans by the Town, the Lessee shall prepare the Final Design Plans and such other information regarding the Tower Facility requested by the Town. A copy of the final design submission intended for submission to the Building Commissioner for building permits shall be provided to the Town. The Final Design Plans shall be subject to approval by the

Town, which approval shall not be unreasonably denied. Approval by the Town is required prior to the Lessee’s application for a building permit.

b. The Final Design Plans shall not be finalized nor submitted to the Town until after the grant of a Special Permit and other necessary relief. The final design plan shall be submitted to the Town no later than thirty (30) days after said date upon which a building permit application could be granted.

c. Following construction and close-out of the building permit, the Final Design Plans shall be updated to as-built drawings and submitted to the Town.

X. Future Zoning and Other Permitting

The Town, as Lessor, will support applications for extensions of Special Permit authorization by Lessee and Tenants, as well as other subsequent permitting approval, that are not in conflict with the terms of the Lease hereunder, or if in conflict, are otherwise acceptable to the Town at the time.

Appendix A: Site Plans

Parcel 36 is highlighted below. Area to locate is in the vicinity of the oval.

Topography is shown below:

Photo of crane test.

Crane is in paved area, about 140 ft to the right of the area to locate. (Approximate tower position at orange mark)

Crane tip is about 135 ft above the ground of the area to locate.

Appendix B: Definitions

Additional Revenue: The revenue obtained by the Lessee from all but the first two Wireless

Providers occupying the Tower Facility.

Base Rent: The fixed rental amount offered in the first year (which must equal or exceed the minimum amount set in this IFB) and which is increased annually by the amount of the Escalator.

Escalator: A percentage (which must equal or exceed the minimum amount set in this IFB) that shall be applied annually to increase the Base Rent.

First Wireless Provider: (a) On a Tower owned and occupied by a Wireless Provider or its affiliate:

The Lessee; (b) On a Tower owned and occupied by a Wireless Infrastructure Provider: The

Wireless Provider whose antennas and associated equipment occupy the highest position on the

Tower. (Over time the highest occupant might change, in which case the party designated as First

Wireless Provider will change)

Lease Commencement: Lease commencement is when the obligation of the Lessee to pay rent begins. (See Section I.)

Lessee: Successful Bidder who has executed a Lease with the Town under this IFB.

Parcel: As shown on Town of Harvard’s Assessors’ Map No. 17C, Parcel 36.

Personal Wireless Service: Personal Wireless Services as defined by 47 USC §332 (c)(7)(C)(i).

Revenue Share Rate: The percentage of the Additional Revenue that is offered to the Town

IFB: Invitation For Bids

Site: An area in the western portion of the Parcel as shown in Appendix A.

Successful Bidder: A bidder that: (a) has submitted a responsive and responsible bid that meets or exceeds the minimum bid criteria (Base Rent, Escalator, Revenue Share Rate); and (b) has a Total

Value that is the greatest of all responsive and responsible bidders.

Tenant: A sublessee of the Lessee

Total Value: The valuation of a bid based on the following hypothetical: The sum of:

(a) The first ten years’ Base Rent with the annual Escalator applied, plus (b) The ten-year sum of a hypothetical projected Additional Revenue (3rd and 4th tenants) multiplied by the Revenue

Share Rate.

Tower Facility: A monopole wireless tower capable of supporting at least four Wireless Facilities, associated ground-level infrastructure occupying up to 2500 square feet, plus access and utility easements all located at the Site. (Monopine camouflage is likely to be required)

Lessee Successful Bidder who has executed a Lease with the Town under this IFB.

Wireless Facility: An installation belonging to one Wireless Provider that consists of antennas and associated equipment and utilities services that is intended to deliver Personal Wireless Services

(short for personal wireless service facility which is formally defined in 47 USC §332 (c)(7)(C)(ii)).

Wireless Infrastructure Provider: An entity not acting as a Wireless Provider that builds towers and other assets at which Wireless Providers install their Wireless Facilities. (most commonly known as a

“tower company”)

Wireless Provider: Holder of Federal Communications Commission license(s) to operate a Personal

Wireless Service in Harvard.

Appendix C: Bid Submission Checklist

The following submission checklist is provided for the convenience of bidders. Bidders are required to read the IFB carefully, including Section VIII “Bid Submission Requirements and Process”.

The following five (5) items must be included in each Bid Submission Package:

1. Bid Form (Appendix D).

2. Bid Information Sheet Responses - Required from Bidders (Appendix E).

3. Lease Signing Fee in the amount of Seventy-five Hundred Dollars ($7,500).

(Company check not accepted.) (IFB - Section VIII, Paragraph 3).

4. Certificate of Tax Compliance (Form enclosed as Appendix F).

5. Certificate of Non-Collusion (Form enclosed as Appendix G).

Each of the above must be included in one sealed envelope marked on the outside as follows:

“Bid – Town of Harvard Tower Facility IFB”

Bidder’s Company Name:

Authorized Representative’s Name:

Bidder’s Address:

Bidder’s E-Mail Address:

Bidder’s Telephone No.:

and submitted to the Contact Person:

Marie Sobalvarro

Chief Procurement Officer

Town Hall

13 Ayer Road

Harvard, MA 01451

Appendix D: Bid Form

The Undersigned hereby declares that the Bidder has carefully examined the “Town of Harvard

Tower Facility IFB”.

The Undersigned hereby makes a bid to which said Bidder agrees to be legally bound in accordance with the terms and conditions of the IFB as follows:

Base Rent (no less than $20,000/year in the first year):

(Dollar Amount in Numerals) (Dollar Amount in Words)

Annual Escalator (no less than 2.5%/year for the term of the Lease):

(Percentage in Numerals) (Percentage in Words)

Revenue Share Rate (no less than 15%):

(Percentage in Numerals) (Percentage in Words)

Name of Bidder: _______________________________________________

Business Address of Bidder: _______________________________________________

E-Mail Address of Bidder Representative:_____________________________________

Telephone No. of Bidder Representative: _____________________________________

Signature and Printed Name of Individual Authorized to Submit Bid:

Signature (Must be signed in ink) Printed Name:

Date: (A Certificate of Corporate Vote, if applicable, is encouraged, but not required.)

Appendix E: Bid Information Sheet

(Bidders Must Respond to the Below Requests for Information)

Bidders may submit the below information in any reasonable form, including attaching pages to this

Bid Information Sheet.

i. Evidence that the bidder is either a Wireless Provider (see definitions for capitalized terms) licensed to operate in Harvard, Massachusetts, or a Wireless Infrastructure

Provider with experience building and operating wireless towers in Massachusetts.

ii. Evidence of the bidder’s financial ability to develop, permit and construct the Tower facility.

iii. A list of at least three wireless towers that the bidder has built and currently operates in

Massachusetts, including address, tower type and height, names of wireless carriers presently occupying the tower.

iv. Name and contact information for each landlord holding the ground lease for the towers listed in iii above. The Town may contact such landlords for references. Material lapses in bidder’s performance under tower ground leases in Massachusetts may be grounds for a determination of non-responsible status of a bid.

v. Such other information that the bidder believes to be relevant to its bid or helpful to the

Town’s understanding of the bidder’s ability to perform under the Lease.

Based on this information, the Town will determine if the bidder is a responsible bidder.

Appendix F: Certificate of Tax Compliance

Pursuant to M.G.L. c. 62, sec. 49(a), the undersigned, authorized to sign this Certificate on behalf of the bidder, certifies under the pains and penalties of perjury that to the best of his/her knowledge and belief, the bidder has complied with all laws of the Commonwealth of Massachusetts regarding taxes.

Name of Bidder

Company Name

Signature and Printed Name of Individual Authorized To Submit This Certificate:

Signature (Must be signed in ink) Printed Name

Appendix G: Certificate of Non-Collusion

The undersigned, authorized to sign this Certificate on behalf of the bidder, certifies under the pains and penalties of perjury, that to the best of his/her knowledge and belief:

1. The bidder has not colluded, conspired, connived or agreed, directly or indirectly, with any bidder or person, to put in a sham bid or to refrain from bidding, and has not in any manner, directly or indirectly, sought by agreement or collusion, or communication or conference, with any person to fix the bid price or any other element of the bid of the bidder or any other bidder.

2. The subject bid is in all respect bona fide, fair and made without collusion or fraud with any other person.

3. As used in this Certificate, the word “person” shall include any natural person, joint venture, partnership, corporation, or other business or legal entity.

Name of Bidder:

(Company Name)

Signature and Printed Name of Individual Authorized to Submit This Certificate:

Signed under the pains and penalties of perjury:

Signature (Must be signed in ink) Printed Name

Appendix H: Draft Sample Lease

(Appears on the following pages, p. 29-56)

LEASE AGREEMENT – HILDRETH PARCEL

THIS LEASE AGREEMENT (this “Lease”), dated as of the ______ day of

_____________, 2024 (the “Commencement Date”), is entered into by and between the Town of

Harvard, a Massachusetts municipal corporation acting by and through its Select Board, having an address of ___________________ (“Landlord”), and __________________________, a

_________________________, having an address of _________________________ (“Tenant”).

Recitals

Whereas, Landlord is the owner of a certain parcel of land located at ________________

(Assessors Map ########), Harvard, Massachusetts, and described in an instrument recorded with the Worcester Registry of Deeds in Book ####, Page ### (the “Property”), which is used by the Town of Harvard Land Use and Building Department;

Whereas, Landlord issued an Invitation for Bids on March 20,2024, soliciting proposals for the lease of a portion of the Property, located on the west side of the Property, for the installation and operation of a wireless telecommunications facility;

Whereas, Tenant submitted a proposal in response to the request for proposals, offering to lease a portion of the Property; and

Whereas, Landlord has selected Tenant as the successful proposer, and Landlord and

Tenant wish to set forth herein the terms and conditions governing Tenant’s use of a portion of the Property.

Now, therefore, for good and valuable consideration, Landlord and Tenant agree as follows:

Agreement

1. LEASE OF PREMISES.

1.1. Premises. Landlord hereby leases to Tenant and Tenant hereby leases from

Landlord the portion of the Property containing XXXX square feet, more or less (the “Premises”), which Premises consist of the parcel shown as “Lease Area” on the sketch plan attached hereto as Exhibit A and incorporated herein (the “Plan”).

The Premises are leased together with the rights described below:

(a) The exclusive right to install, operate, maintain, repair, upgrade, and replace on the

Premises a _______________ foot (____’) high telecommunications tower with a suitable support structure for the transmission and reception of communications signals (the “Tower”). The Tower shall have sufficient space to be subleased to at least ______ (_____) more wireless providers;

(b) The right to install, operate, maintain, repair and replace on the Premises any communications rooms, cabinets, fixtures and related equipment, cables, accessories and related improvements, subject to the Town’s rights as set forth herein;

(c) The right to locate on the Tower antennas, transmission cables and other appurtenances;

(d) A non-exclusive easement over, under and upon the existing driveway located on the

Property and shown as “Access & Utility Easement” (the “Access Way”) on the Plan for pedestrian and vehicular access to the Premises and for the purpose of providing utilities to the Premises and the maintenance, repair, and replacement thereof;

(e) Such reasonable easements in the Access Way as may reasonably be required by electric, telephone and other utility companies for the purpose of servicing the equipment on the Premises.

1.2. Condition of Premises. The Premises are delivered to Tenant, and Tenant accepts the Property, including the Premises and the Access Way, in its present condition, “AS IS,” it being agreed that Landlord has made no representations or warranties of any kind with respect thereto, and that Landlord shall have no obligation to maintain, do any work on, or make any improvements to or provide utilities to the Property, including the Premises, unless such maintenance and/or improvement work is required as a result of Landlord’s negligence and/or willful misconduct.

1.3 Utilities. Tenant shall be solely responsible for bringing onto the Premises, providing, and paying for all electrical and other utilities of sufficient capacity to serve Tenant’s use of the Premises for the purposes set forth in Section 2.1, which shall be installed in accordance with the reasonable requirements of Landlord and in a manner that avoids unnecessary interference to other activities on the Property and is reasonable in appearance, in

Landlord’s reasonable judgment.

2. USE OF PREMISES

2.1 Permitted Uses. Tenant may erect and maintain on the Premises improvements, personal property, and facilities, including, but not limited to a communications facility, which may include a suitable support structure not to exceed XXX feet above ground level (except for any municipal antennas which may extend higher), including without limitation the Tower, radio transmitting and receiving antennas, communications equipment, equipment cabinets and/or shelters, and related facilities for the transmission and reception of communications signals and the installation, maintenance, operation, repair and replacement of its communications fixtures and related equipment, cables, accessories and improvements as well as any and all pipes, conduits and wires related to the utility infrastructure (collectively, the “Communication

Facility”). The equipment to be installed on the Premises is shown on a sketch plan entitled

“____________________” (the “Equipment Plan”), attached hereto as Exhibit B and incorporated herein, and the location of the Communication Facility on the Premises is shown on the sketch plan entitled “Compound Plan” (the “Compound Plan”), attached hereto as Exhibit C and incorporated herein. Landlord and Tenant agree that Exhibits B and C show the initial installation of the Communication Facility and the equipment and other personal property to be placed on the Premises under this Lease. Landlord and Tenant agree that said Exhibits do not limit Tenant’s rights under this Lease to improve, modify, replace, supplement, upgrade or remove the Communication Facility or any part thereof during the Term of this Lease, provided that Tenant complies with the provisions of this Lease. During the term of this Lease, Tenant has the right to install and operate transmission cables from the equipment shelter or cabinets to the antennas, electric lines from the main feed to the equipment shelter or cabinet and communication lines from the main entry point to the equipment shelter or cabinets, and to make reasonable improvements, alterations, modifications, replacements or additions appropriate for

Tenant’s or subtenants’ use within the Premises, subject to the provisions set forth herein.

2.2 Installation of Town’s Equipment. Landlord reserves the right to collocate on the

Tower solely for use in connection with police, fire, rescue, emergency broadcasting systems and other municipal purposes (including cabinets, structures, cables and other facilities for the transmission and reception of communications signals, the “Municipal Antennas and

Equipment”), and the right…