DRAFT OB Water District REQUEST FOR PROPOSALS .docx

REQUEST FOR PROPOSALS (RFP)

LEASE OF SPACE ON WATER TANK

This Request for Proposals (RFP) is made pursuant to Massachusetts General Laws, Chapter 30B, Section 16, pertaining to lease of Real Property. The Oak Bluffs Water District (OBWD) is seeking formal proposals from federally licensed communication companies and regulated public utilities to enter into non-exclusive leases of space at their water storage tank site. The OBWD water storage tank site is located at 96 Alpine Avenue, Oak Bluffs, MA. The site includes an 82-ft tall standpipe tank with existing communication equipment. OBWD currently has a number of long-term lease agreements in place for public communication providers co-locating on the tank.

One original and five copies of the Proposal must be submitted no later than May 30, 2025 at 11:00 a.m. local time, at the office of the OBWD, 96 Vineyard Avenue, Oak Bluffs, MA 02557. Proposal documents may be examined and obtained at the office of the OBWD, 96 Vineyard Avenue, Oak Bluffs, MA 02557 between the hours of 8:30 a.m. and 3:30 p.m. Contact Michael Silvia, Superintendent at: Phone, 508-693-5527; e-mail, msilvia@oakbluffswater.com. The RFP will require a $5,000 security deposit to the OBWD from all bidders.

LOCATION –ALPINE AVENUE, OAK BLUFFS, MA

The water tank owned by the Oak Bluffs Water District is located at 96 Alpine Avenue, Oak Bluffs, MA shown on Assessors’ Map 22 as Parcel 63 comprising 30,056 square feet, more or less.

The water tank and the site are more fully described in "Figure 1" attached hereto as Exhibit A. The lease will be for the purpose of installing wireless antennas and related apparatus at the site.

NOTE: It is possible that the Water District may erect a separate cell tower in the vicinity of the water tank, at which time all cell service providers will be expected to relocate their equipment to the new tower at their own expense.

I. CONTRACT DURATION:

The OBWD and the Proposer shall enter into an initial five (5) year contract to lease the space. The lease may be extended by the OBWD with options for up to three (3) additional five (5) year terms for a possible lease of twenty (20) years.

II. GENERAL REQUIREMENTS:

By submission of a proposal, the proposer agrees that if its proposal is accepted, it shall enter into a lease with the OBWD that incorporates all the terms and conditions of this RFP and the sample OBWD Lease Agreements included as part of this RFP. If not, the proposer shall forfeit their security bid deposit.

The Lessee will be required to submit for approval by the OBWD detailed drawings prepared by a Massachusetts Registered Professional Structural Engineer and explanations of the connecting systems for equipment to be installed on the tank and ground apparatus. This submittal shall include scaled drawing(s) and a description of the area that will be needed for structures, equipment, wires, conduit, and utility services. Details of cable and conduit locations, mounting and attachments methods (bolted, welded) and structure penetrations (if applicable) must be included. All conduit mounted on the tank shall be shielded with appropriate cable trays. Equipment sheds or structures shall be a minimum of 12 feet from the tank and must be enclosed within a fenced area.

The Lessee will be responsible to obtain any and all required permitting pursuant to federal, state, and local regulations and codes, including zoning, and all costs of construction, maintenance, and insurance of its facilities and employees or contractors, and protection of OBWD’s existing facilities, during construction and throughout the duration of the lease.

The Lessee is responsible for compliance with all Department of Environmental Protection (DEP) Regulations related to the installation. Lessee shall submit all data required for DEP application and approval directly to DEP with the OBWD Superintendent being copied on all forms.

SITE INSPECTIONS:

The OBWD makes no representations of any kind with respect to the site, adequacy to support the equipment, or the appropriateness of the site for use as a site for wireless communication equipment.

Any proposer who is licensed by the Federal Communications Commission (FCC) to provide wireless telecommunications service can conduct testing at the site upon such terms as the OBWD approves and after submission of documentation of insurance in an amount satisfactory to the Owner. In addition, the OBWD will require the proposer to provide a "Hold Harmless Agreement" or otherwise agree to indemnify the Owner for any damage, loss, or cost arising out of the proposer’s testing activities. All insurance certificates and Hold Harmless Agreements must be in place prior to site access being granted by the OBWD.

Written questions in regard to this RFP involving the Oak Bluffs location should be directed to Michael Silvia, Superintendent, Oak Bluffs Water District, P.O. Box 1297, Oak Bluffs, MA 02557, telephone 508-693-5527, facsimile 508-693-7014; written responses will be sent to every party which requests a copy of the RFP.

Contact Michael Silvia at the OBWD to arrange a site visit and coordinate insurance certificates and Hold Harmless Agreements.

Each proposer will be responsible for determining the adequacy of the structure to support the proposer's equipment, ground apparatus, and the suitability of the site for use as a wireless communication equipment site.

The Proposer at its own expense(s) shall retain the services of a registered Structural Professional Engineer licensed in the Commonwealth of Massachusetts to perform the structural evaluation and preparation of construction plans, which are to be submitted to OBWD for approval.

STIPULATIONS:

No welding will be allowed to the tank surfaces. Surfaces (interior and exterior) disturbed by any connecting system shall be repaired and recoated to meet AWWA specifications and the OBWD’s approval. The telecommunications company shall coordinate and pay for a visual exterior and interior inspection of the tank by a qualified company, as approved by the Owner. All Equipment and recoating on the tank will have to match the existing color of the tank. The aesthetic look of the tank with the equipment installed on it shall be approved by the OBWD.

The location of all proposed equipment shall not interfere with access to or maintenance of OBWD’s storage tanks, structures, utilities, or existing installed equipment.

Submission of a proposal shall be conclusive evidence that the proposer has examined the site and the RFP documents and is familiar with all the conditions of the proposed lease. Upon finding any omissions or discrepancy in the RFP documents, the proposer shall notify the OBWD in writing, so that any necessary addenda may be issued.

Failure of the proposer to completely investigate the sites and/or to be thoroughly familiar with the RFP documents shall in no way relieve the proposer from any obligation with respect to the proposal.

The proposal must minimize the aesthetic impact of telecommunications equipment installed on the water tank and ground. The proposal must indicate a proposed installation, which would be least intrusive in terms of visual impact by means of camouflage, landscaping or other methods.

Proposals are effective for a minimum of ninety (90) calendar days from the date of proposal opening, or until a lease is executed, or this RFP is cancelled, whichever occurs first.

SUBMISSION REQUIREMENTS:

To be considered "responsive" a Proposal shall include, at a minimum, the following:

1. Cover letter outlining the proposal, price and other details signed by the individual authorized to negotiate for and contractually bind the proposer, stating that the proposal is effective for a minimum of ninety (90) calendar days.

2. Acknowledgement in the cover letter that detailed drawings prepared by a Massachusetts Registered Professional Structural Engineer and explanations of the connecting systems for equipment to be installed on the tank and ground apparatus will need to be submitted and approved by the OBWD before the award of the lease.

3. Acknowledgment in the cover letter of intent to comply with the Oak Bluffs Zoning Bylaw Section 8.3 – Wireless Communication Overlay District.

4. Photos showing examples of the proposer’s existing telecommunication equipment installations on other water tanks that would be similar to the proposal (if any).

5. Include a list of the locations of all wireless communication facilities the proposer has installed on municipal or state owned property in the Commonwealth Massachusetts over the past three (3) years, and the name, address and telephone number of the owner of the site(s).

(If the proposer has not yet installed facilities in Massachusetts, it may provide information about sites of comparable facilities, which it has installed in other states including contact name and telephone number.)

6. Furnish evidence of Federal Communications Commission and any State Licenses to operate. Any communications systems' transmitters' and receivers' frequencies shall not interfere with local radio, TV, public safety, public works, SCADA, national defense or similar operations. Demonstrated inference with existing communications systems shall be grounds for the OBWD to order the lessee to stop operations and eliminate the interference.

7. A completed and signed Certificate of Non-Collusion. See Exhibit B.

8. A signed payment of state taxes affidavit form. See Exhibit C.

9. A signed certificate of corporate vote. See Exhibit D, or equal.

10. Completed disclosure of beneficial interest in real property transaction as required by Massachusetts General Laws, Chapter 7, Section 40J. See Exhibit E.

11. Indication of acceptance of the OBWD’s sample lease agreements. See Exhibit F.

12. The proposal must include price sheets (included in Exhibit G-1) indicating the initial five (5) year annual lease payments, and percentage increase/decrease for potential renewals.

13. Completed Lease Proposal Forms and submission check lists. See Exhibit G.

14. A minimum of three (3) references from owners of sites at which the proposer has completed installations similar to the one being proposed. See sample, Exhibit H.

15. A copy of the audited financial statements for the proposer's most recent fiscal year (in separate envelope). Please mark outside envelope ‘not for public record’.

16. A bid security deposit (issued by an insurance company licensed to do business in Massachusetts) or a $5,000 separate bid security deposit or Certified Check made payable to the “Oak Bluffs Water District”.

Bid security deposits will be refundable to all participating bidders, except the high bidder. The $5,000 bid security deposit submitted by the high bidder will be applied towards the first year’s revenue portion of the lease. If the high bidder does not execute a lease based on the requirements of the RFP, then the bid security deposit will be forfeited to the Oak Bluffs Water District, and the next highest bidder will be awarded the lease, and the same terms shall apply to the bid security deposit.

17. The Lease Agreement will require a $100,000 Performance Bond within ten (10) days of the lease execution.

A sealed envelope containing one (1) original un-bound and five (5) bound copies of the proposal must be submitted by the proposal deadline.

Proposals will be accepted until May 30, 2025 at 11 a.m. Proposals for the RFP should be addressed to: Michael Silvia, Oak Bluffs Water District, 96 Vineyard Avenue, Oak Bluffs, MA 02557, or if dropped off in person or common carrier delivery – OBWD, 96 Vineyard Avenue, Oak Bluffs, MA 02557. All Proposals shall be sealed and labeled as "Property Lease –Oak Bluffs Water District Storage Tank". At 11:00 am on May 30, 2025, all of the proposals will be publicly opened, read aloud, and recorded.

VI. RATING EVALUATION:

Each proposal must satisfy all of the Proposal Submission Requirements in order to be considered responsive.

Proposals indicating a lower proposed lease value than the established Lease Price will be rated as non-responsive. The Oak Bluffs Board of Water Commissioners have the right to award any and all bids to the highest most responsive and responsible proposer.

A responsive rating shall be given to all proposals received prior to the deadline for submittal which include the appropriated signed documents and all the required information set forth above.

Failure of the Proposer to submit completed and signed required forms, acknowledge receipt of any addenda, or provide the required documentation may cause the proposal to be deemed non-responsive and result in rejection of the proposal.

VII. EVALUATION AND SELECTION CRITERIA:

The evaluation of bid proposals will address the responsiveness of the bid proposal, the responsibility of the bidder, and the total price.

SELECTION

Responsive proposers will be evaluated using the Evaluation Criteria set forth below.

The Proposer offering the highest overall lease payment(s) over the possible twenty (20) year term will be recommended to the OBWD Commissioners. In ascertaining the highest overall lease payments, the OBWD will consider the annual rent, including escalation clauses and/or extended terms.

Award will be made to the next qualified proposal, if any, after negotiating any proposed revisions with the Oak Bluffs Water District, if the selected highest bidder fails to execute a Lease agreement with the Oak Bluffs Water District within thirty (30) days of the award. The next qualified proposer will be required to execute a Lease Agreement within thirty (30) days of the notice of award.

Evaluations will be based on the Minimum Selection Criteria described below. Proposals will be evaluated in accordance with the provisions of Chapter 30B, the Uniform Procurement code. Selection Criteria are as follows; (1) Complete proposal response, signed and all requested information provided; (2) Lease value proposed at or exceeding the established Price of $ 65,000.00 per year, plus an automatic inflation factor of at least 3 percent every one-year period, for the life of the lease; (3) Lease agreement(s) shall be for a period of five (5) years. The selected proposers will be required to enter into a lease agreement with an initial five (5) year term with three (3) mutually agreeable five (5) year renewal options up to an additional fifteen (15) years. Each proposal will be assigned one of the two ratings, "Unacceptable" if it is unresponsive, incomplete, or fails to satisfy selection criteria; or "Acceptable" if it satisfies selection criteria. The proposer of any proposal may be required to discuss or clarify its proposal with the Oak Bluffs Water District any time during the procurement process. The Oak Bluffs Water District may determine that the non-responsiveness is not substantial and can be clarified. In such case, the Oak Bluffs Water District may allow the proposer to make minor corrections, except to the Cost Proposal, and apply the change in the evaluation. Proposals which are unresponsive or incomplete or which fail to satisfy selection criteria will be rejected.

The Chairman of the Oak Bluffs Water District Commission has the right to reject, in his discretion, any and all proposals determined not to be in the best interest of the Oak Bluffs Water District.

The vote of the Oak Bluffs Water District Commissioners is final.

VIII. MINIMUM LEASE REQUIREMENTS:

All Proposers shall be required to accept the following minimum lease requirements.

1. The rent for space will be the annual rent plus any yearly increase for inflation (minimum increase of 3% / year) as stipulated in the Lease Agreement, plus any amount due because of third party leases or rentals, as stipulated in the Lease Agreement.

A minimum rent of $65,000 per year for the first year of the initial five (5) year term. The extended renewal terms, each at the Option of the OBWD, should be indicated on the Lease Proposal Form using one of the following: a rent escalation percentage; or structured payment term.

2. Rent Payments shall be payable annually in advance based on the Agreement.

3. The initial term of the Lease shall be five (5) years commencing on the date of execution of the Lease, with three (3) five-year lease term renewal extension options.

The OBWD shall retain the sole discretion in the exercise of each option to extend the Lease, as required by M.G.L. Chapter 30B.

The OBWD shall offer a four (4) month advance notification as to any renewal options.

4. The Lessee shall not assign the Contract or any interest therein, without prior written consent of the OBWD.

5. The Lessee shall not be permitted to begin construction or installation of equipment before executing a Lease Agreement and obtaining all necessary permits and approvals as further provided in this RFP. The Lessee will have to satisfy all regulatory requirements and get approval of proposed site and installations from the FCC, the Town Building Inspector and Zoning Board of Appeals, as well as the OBWD, and the Department of Environmental Protection.

6. The Lessee shall agree that the site leased shall be used only for the purpose of constructing, maintaining and operating wireless antennae and/or antenna arrays, and associated equipment facilities, if needed, and all necessary appurtenances, structures, including separate power meter, radio/electronic equipment, connecting cable, coaxial cables, wires and associated appurtenances. In no instance can the Lessee use the space or any land for any purpose not directly related to this function. Any such facility must be secured in a manner as to address any reasonable safety, noise, and aesthetic concerns or requirements raised or imposed by the OBWD.

7. The Lessee shall install only communication equipment of the types and frequencies that will not cause "measurable interference", as defined by the Federal Communications Commission to present or future municipal communications equipment of the OBWD or to the residents of Oak Bluffs. If the Lessee's equipment causes such interference, the Lessee shall eliminate such interference immediately upon notification by the OBWD and not resume operation of the equipment until the problem is resolved.

8. The OBWD shall have aesthetic control over the proposed development plan and shall approve all plans and specifications prior to construction. Such review and approval shall be above and beyond all required review and approval under applicable federal, state, and local laws, rules and regulations.

Said aesthetic control shall include, but not be limited to, review and approval of all equipment and appurtenance design and specifications, cable trays, colors, and site area landscaping design and specifications. The OBWD shall also have control over the volume of noise emissions produced by the antennae and related equipment so as to eliminate any nuisance that may exist to the neighborhoods surrounding the site.

9. The Lessee shall maintain insurance satisfactory to the OBWD covering the facility as required in the Lease Agreement and shall hold harmless and indemnify the Town for any damages from construction or use of the facility. In addition, the Lessee shall provide bonds or surety satisfactory to the OBWD in the amount of at least One-Hundred Thousand Dollars to secure Lessee's performance of its obligations.

10. The OBWD or agents of the District may, at all times, with or without prior notice to the Lessee, enter to view the Leased Premises. In the event of an emergency or perceived emergency, the OBWD may enter to make repairs or to inspect without prior notice to the Lessee. Annually, the OBWD shall conduct an inspection of the Leased Premises.

11. The Lessee shall ensure that the installation of its equipment and its use will not interfere with the use of the OBWD’s property for any purpose for which the site is being used at the commencement of the Lease.

12. The Lessee shall ensure that its use of the site will not interfere with use of the site for wireless communication equipment by the OBWD or by other lessees and shall make such changes or modifications to its equipment as may be required by the OBWD to eliminate or minimize such interference. Municipal communication equipment shall have priority of location and access over any and all other equipment at the site.

13. Co-location of telecommunication providers shall be required. The facility shall be designed to accommodate other providers, if possible. The Lessee shall make every effort to accommodate the antenna space needs of other prospective lessees of the OBWD.

14. A Certificate of Insurance must be provided to the OBWD indicating general liability, automobile liability and workers’ compensation coverage (per State requirements). The Certificate of Insurance must name the OBWD as an additional insured under the liability and automobile insurance for the entire term of the Lease. The OBWD will require limits of $2 million under the general liability and automobile insurance coverages. (See sample lease agreement for insurance specifics)

15. The Lessee shall assume full responsibility for all utility costs for the antennae and associated apparatus and pay all costs associated with installation, maintenance, temporary removal, and insurance of equipment and employees and contractors during construction and throughout the duration of the lease.

16. Following initial antenna installation, Lessee shall not access the tank without first providing notice of the date and time of the visit to the OBWD. The OBWD’s activities and uses at the site shall have priority over the Lessee's access rights. In order to access the site, all personnel shall arrive at the respective Lessor’s office, provide photo ID and be photographed prior to entering the site.

17. No signs or advertisements shall be allowed per Town Code.

18. The Lessee must provide the OBWD with Material Safety Data Sheets (MSDS) for all materials proposed to be used at the site.

19. The Lessee shall be responsible for removal and replacement of equipment as needed by the OBWD during any future maintenance, demolition, repainting, or alteration of the tank or site. Lessee will remove and replace equipment at no cost to OBWD within 60 days of receipt of written notice. The OBWD shall not be liable for any damages or costs arising from any temporary facilities that the lessee may choose to construct to maintain operations during any future maintenance, demolition, or alteration of the tank or site.

20. NOTWITHSTANDING ANY OF THE FOREGOING – The District may require the Lessee to relocate its equipment from time to time in the case of repainting or other work on the water tank, and, in the event the District erects a separate communications tower, the Lessee will be responsible for relocating its equipment to said tower, all at no cost to the District and without any interruption of monthly payments. The District will provide no less than 90 days’ notice to Lessee to relocate its equipment. Failure to do so in a timely manner will authorize the District to remove the Lessee’s equipment from the water tank and charge Lessee for any associated costs, and the District will incur no liability for any damage or loss of revenue or any other claim the Lessee may have.

21. Lease payments are due annually in advance.

20. The OBWD will require pre- and post-construction inspections with documentation prior to final approval. An inspector selected by the OBWD will conduct these inspections, and the communications company shall pay for these services.

21. The OBWD reserves the right to terminate their respective lease for any cause stated therein, including, but not limited to failure by the Lessee to fulfill its obligations under the lease or under law, rule, regulation or permit requirement. The Lessee shall agree to reimburse OBWD for all costs associated with enforcement of said Lease, or any and all provisions therein, including, but not limited to legal and court costs.

IX. RULE FOR AWARD OF LEASE:

The award of a lease, if any, will be made on the basis of a "responsive proposal" from a proposer whose proposal includes highest overall annualized rental value over the possible twenty (20) year period of the lease. In ascertaining the highest overall annualized rental value, the OBWD will consider the annual rent, including escalation clauses and/or extended term rentals.

The OBWD shall forward a Notice of Award (Exhibit I) to the selected Proposer, and the awarded party shall sign and acknowledge receipt of Award within 10 days or shall forfeit their bid security deposit.

The Superintendent will make a recommendation to the Oak Bluffs Water District Commissioners for a vote.

Lease award is contingent on approval by the OBWD of detailed scaled drawings and plans prepared by a Massachusetts Registered Professional Structural Engineer and other documents to clearly outline the scope of the installation and the equipment necessary for the Lessee's use of the premises.

Lease payments are due annually in advance.

The OBWD retains sole discretion in the exercise of each option to renew. The OBWD reserves the right to reject any and all proposals as determined to be in the best interests of the OBWD and to waive any informalities in proposals and in the RFP process. In addition, the OBWD retains the right to request additional interviews or information from any proposer as deemed necessary.

X. TAXES:

The Lessee shall be responsible for paying any and all property taxes separately levied or assessed against the improvements constructed by the Lessee on the Leased Premises.

XI. TERMINATION:

At the end of the Lease Period, the Lessee shall remove all personal property, structures, and equipment installed at the site, including any utility connections, and shall restore the site to its pre-existing condition. Such removal shall be completed upon the expiration of the Lease period in accordance with the Lease Agreement. If the OBWD does not require removal of all personal property including utility connections installed by the Lessee, it may require the Lessee to transfer title of such property and connections to the OBWD by appropriate written documentation.

XII. RETURN OF PROPOSALS:

All proposals received by the OBWD will be returned upon presentation of a signed request and proof of representation to the OBWD prior to the deadline for submission of proposals. All proposals received and retained for consideration by the OBWD will remain public record of the OBWD and will not be returned.

XIII. PROPOSAL MODIFICATION:

Proposals may be corrected, modified or withdrawn if a written request is received by the proposal deadline, signed by an authorized representative of the proposer.

XIV. INSURANCE REQUIREMENTS:

Upon notice of award and acceptance of a lease, the Lessee shall submit to the OBWD a copy of the Lessee's Professional Liability Insurance policy and a Certificate of Insurance indicating General Liability and Automobile Liability, naming the OBWD as an additional insured, and Workers’ Compensation insurance (per Statute).

XV. ADDITIONAL INFORMATION/ADDENDA/AGREEMENT FORMAT:

Questions The OBWD will respond to any questions if received Five (5) days in advance of the deadline for the proposal submittal by means of an addendum. All questions should be emailed to Michael Silvia (msilvia@oakbluffswater.com). If there is a need to clarify a section in the RFP the OBWD will forward an Addendum to all persons on record as having received a copy of the RFP. It shall be the responsibility of all proposers to ensure the receipt of any addenda issued. No addendum shall be issued less than two (2) days before the Proposal submittal deadline.

All proposers are required to acknowledge receipt of any addenda that the OBWD may issue in the cover letter of the proposal and on the appropriate line of the Lease Proposal (Exhibit G).

Weather Issues If at the time of the scheduled proposal submittal deadline the OBWD’s offices are closed due to uncontrollable events such as fire, snow, ice, wind, storms, or building evacuation, the proposal deadline will be postponed until 2:00 PM on the next normal business day. Proposals will be accepted until that time.

Agreement The OBWD has an established format (sample Lease attached, G)

XVI. REQUIRED FORMS:

SUBMITTAL STATEMENT

In response to this Request for Proposals, the proposer shall attach this Form to a transmittal cover on business letterhead.

This proposal is hereby submitted on or before May 30, 2025 at 11 a.m.., By Name of business (the "Applicant")

Site Location: Oak Bluffs Water Tower at 96 Alpine Avenue, Oak Bluffs, MA 02557 This submittal consists of two copies of the entire proposal and Exhibits.

This Proposal Response is a firm offer to enter into a lease agreement. This offer shall remain open for a period of ninety (90) calendar days following written notice of Vendor selection, either as an initial or subsequent selected vendor.

The proposer agrees to protect, defend, indemnify, and hold harmless the TWW/Oak Bluffs Water District from and against any liability, claims or causes of action in favor of any party, arising directly or indirectly out of its Proposal, or resulting from negligence or any willful act or omission by the proposer, its subcontractors, agents or employees. The proposer agrees to investigate and defend against any such liability, claims, or causes of action in favor of any party, arising directly or indirectly out of its Proposal or resulting from negligence or any willful act or omission by the proposer, its subcontractors, agents or employees. The proposer agrees to investigate and defend against any such liability, claims, or causes of action at its sole expense.

Authorized Representative:

By: _______________________ Title: _____________________ Address: _______________________________________________ All proposers are required to submit all the required forms designated in the submittal requirements. Failure to do so may result in rejection of the proposal, as determined by OBWD. Samples are listed in this section.

Figure 1:

EXHIBIT A

OBWD SITE INFORMATION

The water tank owned by the Oak Bluffs Water District is located at 96 Alpine Avenue, Oak Bluffs, MA shown on Assessors’ Map 22 as Parcel 63 comprising 30,056 square feet, more or less.

The water tank and the site are more fully described in "Figure 1" attached hereto. The lease will be for the purpose of installing wireless antennas and related apparatus at the site.

Drawing file: I:\Oak Bluffs\Water System\177-1805 - Oak Bluffs Cell Lease RFP\Drawing1.dwg Plot Date: Jan 04,2019-9:41am

EXHIBIT B (SIGNED FORM REQUIRED TO BE CONSIDERED RESPONSIVE) 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 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 or individuals.

Name of person signing bid or proposal Signature ____________________________ Name of Business ______________________________________

EXHIBIT C (SIGNED FORM REQUIRED TO BE CONSIDERED RESPONSIVE) CERTIFICATE OF COMPLIANCE WITH STATE TAX LAWS Pursuant to M.G.L. Chapter 62C, Sec. 49A, and M.G.L. Ch. I5lA, Section 19A, I certify under the penalty of perjury that the proposer named below has complied with all laws of the Commonwealth of Massachusetts relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

*Signature of Individual or Corporate Officer Corporate Name: (if applicable) Name and Title:

Of Corporate Officer (if applicable)

* * Social Security Number/ Federal Identification Number

* Approval of a contract or other agreement will not be granted unless this certification clause is signed by the applicant. For all corporations, a certified copy of the vote of the Board of Directors must be provided.

**Your social security number will be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non-filling or delinquency will not have a contract or other agreement issued, renewed or extended. This request is made under the authority of Massachusetts General Laws, Chapter 62C, Section 49A.

EXHIBIT D

CERTIFICATE OF VOTE (SAMPLE)

The TWW/OBWD requires the successful proposer to complete the following, for inclusion in any future lease agreement. If a corporation, complete below or attach to each signed copy of a contract a notarized copy of vote of corporation authorizing the signatory to sign this lease. If attesting clerk is same as individual executing lease, have signature notarized below.

At a duly authorized meeting of the Board of Directors of the Held on

(Name of Corporation) At which all the Directors were present or waived notice, it was VOTED That, (Name) (Officer) Of this company be and hereby is authorized to execute leases, contracts, and bonds in the name and behalf of said company, and affix its corporate seal thereto, and such execution of any lease or obligation in this company's name on its behalf by such (Officer) Of the company, shall be valid and binding upon this company.

I hereby certify that I am the Clerk of the That of said company, and that the above vote has not been amended or rescinded, and is in full force and effect as of the date of this contract.

(Date)

A true copy, A TTEST Place of Business Clerk Corporate Seal

SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 2025.

_______________________________ NOTARY PUBLIC

EXHIBIT E

OAK BLUFFS WATER DISTRICT 96 VINEYARD AVENUE OAK BLUFFS, MA 02557

LAND-LEASE INSTALLATION OF EQUIPMENT DISCLOSURE STATEMENT

under the provisions of M.G.L. c. 7. s40J This Disclosure Statement is made pursuant to the provisions of Massachusetts General Laws Chapter 7, Section 40J, which requires that where real property shall be rented or sold to, or rented and purchased from, the Oak Bluffs Water District, this Statement, signed under the penalties of perjury, be filed by the lessor, lessee, seller or purchaser (as the case may be) with the commissioner of capital planning and operations. Such agreement to sell or lease shall not be valid, nor shall any payment be made thereunder, until the parties have fully complied with this Section 40J.

1. The real estate matter to which this statement is made is:

2. The true names and addresses of all persons who have made a direct or indirect beneficial interest in said property are as follows, identifying any such person who is an official elected to public office in the Commonwealth of Massachusetts and the office held.

3. During the term of a rental agreement, any change of interest in such property shall require full disclosure under this Section 40J.

4. Any renewal or extension of an agreement of sale or lease shall require full disclosure under this Section 40J.

5. This Statement must be filed with:

Division of Capital Asset Management (DCAM) Office of the Deputy Commissioner, 15th Floor 1 Ashburton Place Boston, MA 02108 Please send a copy of this fully executed Disclosure Statement to:

Oak Bluffs Water District P.O. Box 1297 Oak Bluffs, MA 02557 Signed under the penalties of perjury this day of 2025.

EXHIBIT F

LEASE AGREEMENT

Space on Oak Bluffs Water Storage Tank for Wireless Communications Facility: 96 Alpine Avenue, Oak Bluffs, MA 02557 LEASE AGREEMENT made this ________ day of _________, 2025 by and between the Oak Bluffs Water District (OBWD), a Municipal Corporation with administrative offices located at, 96 Vineyard Ave, Oak Bluffs, MA 02557 (hereinafter: "Landlord" or "District") Landlord, and _____________ by and through its ________, __________ Inc., a duly organized _______________ corporation doing business within Massachusetts with a place of business at _______________ and a duly-licensed service provider (hereinafter: "Tenant" or “Provider"), Tenant:

1. PREMISES: The leased premises consist of the space on the top of the Oak Bluffs Water District Water Storage Tank (also referred to as the “Water Storage Tank”, “Water Tower” or “water tower”) at 96 Alpine Avenue for the attachment of wireless antennae and space at the base of said tower for the construction and maintenance of a wireless facility accessory building or structure, in accordance with the plan, elevation and photographs attached hereto as "Figure 1". The premises are delivered to Tenant, and Tenant accepts the premises in their present condition, “AS IS,” it being agreed that Landlord has made no representations or warranties of any kind with respect thereto.

2. TERM: The initial lease term is 5 years (60 months) commencing on ___________, which is at least twenty-one days following the date of filing with the Oak Bluffs Town Clerk of a decision of the Oak Bluffs Planning Board as Special Permit Granting Authority Tenant’s application for a special permit pursuant to Section 8.3 of the Town of Oak Bluffs Zoning Bylaw with no appeal having been timely filed by any aggrieved person. The initial lease term may be further extended for three (3) five-year periods PROVIDED THAT the Oak Bluffs Water District Water Commissioners so vote and PROVIDED FURTHER THAT the annual rent during any extension shall not be less than the annual rent during the initial lease term. Tenant shall be entitled to terminate this lease prior to the expiration of the lease term only upon demonstrating to Landlord's satisfaction that its federal license to operate has been revoked through no fault of the Tenant or that other adverse government action outside of the Tenant's control prevents it from continuing to provide wireless communication service.

3. RENT: The annual rent to be paid by Tenant to Landlord is _____________Dollars ($) which Tenant shall pay in one lump sum payment in advance, for the first year: at the inception of the Lease term, and, for subsequent years, with the addition of a _____ % increase per year (in accordance with the Lease Proposal dated: _____________): on the anniversary date thereof. Tenant's rental obligation hereunder is absolute, without any right to withhold or deduct for any claimed offset or breach on Landlord's part.

4. UTILITIES AND SITE ACCESS: Landlord represents that the premises are presently serviced by underground electrical and telephone conduits. Landlord hereby authorizes Tenant, at its sole expense, to perform excavation for utilities and to pave or otherwise perform site work necessary for installation of necessary appurtenances to the antennae or accessory structure, subject to Landlord's prior review and approval of the work. To the extent that Tenant requires utility service beyond that available, 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 herein, 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 site and is reasonable in appearance, in Landlord’s reasonable judgment. Tenant shall pay for the electricity it consumes in its operations.

5. USE OF PREMISES: Tenant shall use the premises only for the purposes provided in paragraph one (1) and in "Figure 1"; no other use shall be permitted. Tenant shall make no modifications or additions to either its panel antennae array or accessory building or structure without Municipality's prior written approval which, in the case of modifications only, shall not unreasonably be withheld, but shall be subject to any regulatory requirements including those in the Oak Bluffs Zoning Bylaw. Tenant agrees to use and occupy the premises at Tenant’s own risk, and Landlord shall have no responsibility or liability for any loss or damage to the personal property of Tenant or any person claiming by, through or under Tenant unless caused by the negligence or willful misconduct of Landlord or the officers, agents, or employees of Landlord on or about the premises. Tenant shall coordinate with any other tenants utilizing space on the Water Storage Tank to provide co-location without radio frequency interference. Tenant's antennae and equipment shall remain its property, subject to Tenant's compliance with the provisions of this Lease and Landlord's remedies in event of Tenant's default specified in Paragraph 16.

6. LANDLORD’S RIGHTS OF ACCESS: Tenant shall not block or interfere with Landlord’s access to the Water Storage Tank for inspection, maintenance and/or repairs and shall fully cooperate with Landlord, PROVIDED THAT, except in case of emergency, Landlord shall endeavor to provide Tenant prior notice of its intent to access the Tank. If necessary to provide Landlord access to the Water Storage Tank or any party performing work on their behalf, for maintenance, demolition, or alteration of the Tank, lessee shall remove all equipment at no cost to Landlord within 60 days of receipt of written notice. The plan and schedule for the temporary or permanent removal/relocation of any and all equipment shall be as approved by the Landlord. The OBWD shall not be liable for any damages or costs arising from any temporary facilities that the lessee may choose to construct to maintain operations during any future maintenance, demolition, or alteration of the tank or site. Once the Landlord’s Work on the tank is complete, the Tenant shall be fully responsible for relocating and reinstalling their equipment as necessary for its use under the terms of the Lease. Tenant shall provide to Landlord any keys, access codes, or other security devices required to enter any and all leased areas immediately upon installation of communication equipment and/or structures.

7. CO-LOCATION, COORDINATION AND NON-INTERFERENCE WITH CO-TENANTS: Tenant shall coordinate with the other co-tenants of space on the Water Storage Tank in locating and installing its facilities pursuant to "Figure 1" and shall cooperate with co-tenants in the use of the leased premises so as not to generate radio frequency interference. This provision shall create reciprocal rights of enforcement among co-tenants but Landlord shall have no obligation for enforcement nor other liability to any co-tenant hereunder.

8. ASSIGNMENT/SUBLETTING: Tenant shall be entitled to assign or transfer its rights under this lease to an entity which is licensed by the FCC to operate a wireless communications facility and which is a parent, subsidiary or affiliate of Tenant or is merged or consolidated with Tenant or purchases more than a fifty percent (50%) interest in the ownership or assets of Tenant, with Landlord's prior written approval, which shall not be unreasonably withheld. No other assignments are permitted. No subletting is permitted.

9. LIABILITY INSURANCE: Tenant shall, at Tenant's expense, obtain and keep in force during the term of this Lease, and during any extensions thereof, a policy of comprehensive public liability and property damage insurance insuring Tenant and Landlord, as an additional named insured, against any claim of liability arising out of Tenant's use or occupancy of the leased premises. Such insurance shall further provide coverage of not less than two million dollars ($2,000,000) single limit coverage. Coverage will be subject to review and reasonable increase at the request of the Landlord every five (5) years.

Certificates of such insurance shall be delivered to Landlord at or prior to the commencement date and certificates of renewal or replacement thereafter shall be furnished to Landlord prior to the expiration date of each such insurance policy. All such policies of insurance shall contain an endorsement that they may not, for any reason, be cancelled or terminated unless the insurance companies issuing such policies shall notify the Landlord in writing by certified or registered mail no less than thirty (30) days prior to the effective date of such proposed cancellation, termination or failure or refusal to renew.

In the event that any such policy is proposed to be terminated, not renewed or otherwise canceled for any reason whatsoever, be it by the insurance company or the Tenant, the Tenant shall also immediately and prior to the effective date of such termination, cancellation or non-renewal provide equivalent substitute policies in like qualified companies and in like amounts to the Landlord. Upon failure to so provide such substitute policies the Landlord may terminate the Lease or secure equivalent insurance coverage and the Tenant shall, upon demand, pay the total premium charges thereon either directly to the insurance companies or reimburse the Landlord for the premiums if paid by the Landlord.

9. INDEMNIFICATION: Tenant agrees to indemnify, hold harmless and defend Landlord from and against any and all liability, loss, damage or expense, including attorney's fees, arising from Tenant's activities, including but not limited to construction, installation, maintenance and repair of wireless facilities, damage to the Water Storage Tank, contamination of public water supply, injury or damage to Tenant's employees, contractors or other third parties or to their property excepting only that occasioned by direct conduct of Landlord or its employees, PROVIDED THAT this provision shall not apply to the extent that coverage is afforded by Tenant's public liability insurance carrier.

10. SURETY REQUIREMENTS: Tenant shall provide a bond, or other form of surety satisfactory to Landlord in the amount of one-hundred thousand dollars ($100,000) to secure Tenant's performance of its obligations hereunder, including but not limited to its obligations not to impair the structural integrity of the water tower, not to contaminate the public water supply and to remove all its equipment at the termination of the Lease.

11. TENANT'S OBLIGATIONS UPON TERMINATION OF LEASE: Within sixty (60) days of termination of the Lease, Tenant shall peaceably surrender the premises and shall remove all equipment and structures from the Water Storage Tank and restore the area actually used by Tenant to the condition it was in prior to Tenant's attachments. If the District is required to remove any equipment or structures, Tenant shall be responsible for 200% of the cost incurred.

12. ENVIRONMENTAL: Tenant shall not use, store, or dispose of hazardous materials, as defined by federal statute, G.L. Chapter 21E and federal state regulations. Tenant shall prepare and execute a written Radio Frequency Energy Exposure Management Plan (RFEEMP) in cooperation with the other co-tenants and Landlord within thirty (30) days following commencement of the Lease.

13. SPECIFIC PROVISIONS RELATING TO WATER TOWER/PUBLIC WATER SUPPLY: The installation and maintenance of any equipment on the Water Storage Tank by Tenant shall conform to the Bureau of Resource Protection’s “Policy on Antennas and/or other Appurtenances Proposed to be Attached to Public Drinking Water Storage Tanks or on Water Supply Land”, effective date 6-18-98, as updated, or as superseded by more recent applicable policies, standards or regulations. Tenant shall do nothing to impair or compromise the structural integrity of the Water Tower. Tenant shall do nothing that causes or has a significant potential to cause contamination to the public water supply. Tenant shall at all times provide Landlord with access to the Water Tower and water supply for inspection, maintenance and repair. Tenant shall fully cooperate with Landlord in the event of an emergency involving the Water Tower or public water supply including, without limitation, the temporary suspension of transmissions. For purposes of protecting the public water supply and preventing unauthorized access thereto, Tenant shall inform the Oak Bluffs Water District office by telephone prior to dispatching any personnel to the site, and shall exercise all necessary precautions to keep the site locked and secured.

13. TENANT COVENANTS: Tenant covenants with Landlord as follows:

1. Tenant shall pay the full annual rent when due; Tenant agrees that it has no right to withhold rent or deduct from rent for any claimed offset due it from Landlord.

2. Tenant shall coordinate with co-tenants in the co-location of its antennae and shall not cause radio frequency interference to equipment of Landlord or co-tenants – no “measurable interference” as defined in FCC regulations.

3. Tenant shall not cause or permit damage to the water tower or contamination of the public water supply.

4. Tenant shall provide Landlord with continuous, independent access to the water tower and public water supply.

5. Tenant shall remove obsolete structures promptly and shall peaceably surrender the premises and remove all of its structures and equipment at the end of the lease term.

6. Tenant shall maintain all structures and equipment in good repair.

7. Tenant shall maintain public liability insurance at all times.

8. Tenant shall take all necessary action to prevent/minimize worker access/exposure to radio frequency radiation.

9. Tenant shall not cause or permit pollution or contamination of the site.

10. Tenant shall cooperate with Landlord in any maintenance, demolition, or alteration of or repairs to the water tower, including, when reasonably determined to be necessary by Landlord, the removal of any of Tenant’s equipment from the leased premises. The OBWD shall not be liable for any damages or costs arising from any temporary facilities that the lessee may choose to construct to maintain operations during any future maintenance, demolition, or alteration of the tank or site.