Westminster Wireless Request For Bids With Appendices 20250514 with site plan.pdf

Town of Westminster, Massachusetts

Request for Bids

From

Personal Wireless Service Providers

For Lease of Space on Tower and Site

At The

Town of Westminster 211 South Ashburnham Road Tower Facility Parcel

May 28, 2025

Town of Westminster RFB – 211 South Ashburnham Road Tower

Contents I. Introduction

II. Definitions

III. Site and Lease

IV. Town Objectives

V. Outcome of Process

VI. Design and Related Requirements

VII. List of Appendices

VIII. Bid Submission Requirements and Process

IX. Pre-Lease Process and Requirements

X. Design Submissions

XI. Future Zoning and Other Permitting

Appendix A – Site Drawings

Appendix B – Definitions

Appendix C – Submission Checklist for Bidders

Appendix D – Westminster Tower Bid Form

Appendix E – Bid Information Sheet

Appendix F - Certificate of Tax Compliance

Appendix G – Certificate of Non-Collusion

Appendix H – Westminster Tower Form of Lease

Appendix I – Westminster Wireless Zoning Bylaw

I. Introduction The Town of Westminster (“Town”) is seeking bids from qualified Personal Wireless Service Providers (“Wireless Providers”) licensed by the Federal Communications Commission (“FCC”) for the purpose of providing Personal Wireless Service (“Personal Wireless Service”) from the respective apertures that become available pursuant to this RFB process on the Town of Westminster radio tower (located on the Town of Westminster 211 South Ashburnham Road facility parcel, Westminster, Massachusetts) for a period of up twenty (20) years.

The Town seeks to enter into a lease with each Successful Bidder for an initial term of 10-years, with two (2) 5-year options for tenant to renew, in order to obtain long-term commitments for the leasing of the Tower. The Town is requesting:

1. A minimum bid amount of thirty thousand dollars ($30,000) per year.

2. An annual escalator of two and one-half percent (2.5%).

Please note that no bidder may bid for more than one aperture.

The available apertures are nominally ten feet high, beginning near the top of the tower at approximately 190 feet above ground level (“AGL”), in other words approximately 185 ft AGL on center, and counting down from there. Municipal antennas are mostly mounted above a platform at the top of the Tower, with an additional location presently at approximately 150 ft AGL (subject to relocation as agreed by the Town and paid for by the Tenant(s) requiring the space). It is recognized that some carriers may prefer heights well below the top portion of the tower. Bidders may indicate a preferred height or range of heights to aid in the aperture selection process. Such indications will not prejudice that Bidder’s or any Successful Bidder’s rank based on bid amount.

To promote competitive bids, the Successful Bidders’ choices of apertures will be awarded in rank order from highest to lowest successful bid. It is believed that the upper 50 feet of the tower was designed to accommodate five full “macrocell” antenna platforms, with likely additional structural capacity after considering the existing municipal radio antennas and equipment on the tower.

After the conclusion of this RFB process and either before or after the initiation of Leases to one or more Successful Bidders, the Town may, at its discretion, seek bidder(s) for additional tenants in subsequent RFB(s). The Town will require any future tenants to substantially comply with the Tenant responsibilities hereunder, including the reimbursement of pro-rate costs shared by existing tenants. Additionally, the Town is under no obligation to provide the same incentives, as are provided in this bid process, to future potential bidders.

The Westminster Tower is currently managed by the Town as a municipal communications tower. The costs of the individual installations of each Tenant’s antennas, equipment and utilities shall be borne separately by each Tenant, however, nothing prevents Tenants from sharing common costs among themselves.

Tenants are permitted to request up to 300 square feet of ground space for their proprietary equipment, which the Town may at its discretion grant, on a space-available basis, with the goal of accommodating new and future Tenants’ needs collectively without undue favor to any Tenant.

In the matter of coordinating among the Tenants for providing, maintaining and removing improvements or activities that provide common benefits, a Lead Tenant shall be appointed by the Town. The highest rank bidder will be designated as the new Lead Tenant and shall, as set out in its Lease, be responsible for coordinating any common improvements to the tower or the site that inure to the benefit of the Tenants (and, if applicable, the Town). The Lead Tenant may manage common projects or appoint a manager and shall coordinate collection of funds to cover pro-rata shared expenses. Examples of such common improvements are the fiber-optic improvements required in this RFP, periodic whole-tower inspections, or any upgrades to the electrical service necessary to support multiple tenants’ needs. The Town may at its discretion assign any other tenant to be the Lead Tenant.

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

The Town Select Board controls the Site and will execute the lease. On May 3, 2025, Town Meeting approved a warrant authorizing the Select Board to lease the site.

Each Lease shall commence (Hereinafter referred to as “Lease Commencement”.) when a Tenant obtains a building permit for construction of its facilities at the Site, provided that lease commencement shall in no event occur later than 8 months after the award to the Successful Bidder, regardless of the construction or operational status of any and all wireless facilities, and regardless of whether or not the Successful Bidder has obtained a required zoning or building approval or permit (except to the extent that such zoning or building approval or permit is subject to an appeal by a third party and the Tenant is unable to operate its Wireless Facility during the appeal period).1

The draft Lease includes a provision that the subject Lease, including the Town’s obligation under said subject Lease, is contingent upon the issuance of any and all zoning approvals required for that the subject Lease Tenant’s wireless facilities. More specifically, each Tenant shall timely apply for and diligently pursue all zoning approvals required for its occupancy and use.

It is the Town’s understanding and expectation that no additional zoning approval is required for the existing tower and fenced compound on the Site, as it is independently the Wireless facilities attached to the Tower which require special permit approval.2 If contrary to that understanding and expectation, the Town is required to obtain a zoning approval of the Tower or grounds under applicable zoning bylaws, the Town will at the Town’s discretion either a) apply for and pursue, 1 See also, Section III, Paragraph 5 regarding an automatic extension in the event of an appeal of a zoning or building approval or permit by a third party preventing a Tenant from being able to operate its Wireless Facility.

2 Ch. 205-39 Wireless communications towers and facilities of the Town Bylaws is linked in Appendix I.

or b) agree to grant permission to the Lead Tenant or any other Tenant to apply for and pursue, such zoning approval, which approval shall then be a condition of any relevant Lease.

The Site is in the Residential II district on Parcel 46-9-1. It is believed to be within the Westminster Wireless Communications Facilities Overlay District, which is expected to east the process of obtaining zoning approvals, including special permits, for the Tenants’ facilities.

The Town may at its sole discretion offer tower space to other entities that operate services other than the macro-cellular facilities contemplated in this RFB. To the extent such operations are minimally demanding of Tower resources (for example Tower structural loading or Site groundspace), the Town may choose to exclude such Tenants from consideration as parties required to share common expenses.

Each Tenant shall be responsible for applying all required governmental approvals it needs for the Wireless Facility and/or the use thereof, and for vigorously and diligently defending on its behalf all such governmental approvals granted to them for or at the Wireless Facility, including any approvals, permits or licenses made by a board or commission of the Town (including a special permit from the Westminster Planning Board) which are challenged by a third party in any administrative agency or trial level court, unless otherwise directed by the Town. The Tenant is responsible for the Tenant’s costs thereof, including any attorney fees and legal costs and expenses and/or consultant costs. During such appeal period, the Successful Bidder/Tenant is not required to make rental payments to the Town if the Tenant 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 Tenant 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 30, 2025 notwithstanding any date below.

Pre-Bid Conference: Wednesday, June 4, 2025, 10:00 AM

Deadline for Bids: July 2, 2025, 2:00 PM

Selection of Successful Bidders on or before July 16, 2025.

Site Plan Meeting – on or before July 30, 2025, to be announced upon selection of Successful Bidders.

Preliminary Site Plan by Lead Tenant with input from all tenants – Completed and submitted by August 27, 2025

Vote by the Board of Selectmen to enter negotiated Lease(s) – on or before September 8, 2025.

Execution of Lease(s) – on or before September 15, 2025.

II. Definitions

See Appendix B.

III. Site and Lease

1. See Appendix H for more detailed lease terms proposed for incorporation into the leases.

2. The Tower is an approximately 190-foot tall PiRod tower constructed in the year 2000 by SBA Towers on private property. It was designed to accommodate multiple cellular carriers but was never leased. The land and Tower were turned over to the Town for public safety communications and possible future leasing to wireless interests.

3. The Site where the Tower is located is 211 South Ashburnham Road, on a parcel owned by the Town. It is oddly shaped, with an approximately 1800-foot unimproved, gated driveway terminating in an approximately 10,000 square-foot usable parcel area with the existing Tower standing in an approximately 4900 square-foot fenced compound. There are National Grid utility poles beside the driveway carrying a single electrical distribution conductor to a ground-mounted transformer beside the compound. A meter panel stands inside the fence.

4. The Site is and will remain a public safety communications tower facility. Use of the Site shall not interfere with Town operations.

3. The Town makes no representations of any kind with respect to the Site, its adequacy to support Wireless Service 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 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.

4. Each Tenant will be provided, as needed, up to 300 square feet of ground space in the existing fenced compound.

5. Each Lease shall be for an initial term of ten (10) years. However, in the event Lease Commencement is delayed by an appeal of a zoning or building approval or permit by a third party preventing the Tenant from being able to operate its Wireless Facility during the appeal period, the 10-year term will be automatically extended for a period of time equal to the time of such delay. The Lease shall automatically extend for up to two (2) additional five (5) year terms, if the Tenant has not given the Town written notice to terminate a 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 escalator in the rental payment.

6. Tenants may not sublease any rights under their leases with the Town.

IV. Town Objectives The Town’s objectives in offering this RFB are to:

1. Continue the use of the Site for the provision of the Town’s communication needs or any other purpose the Town chooses and is not in conflict with Tenants’ use under the respective leases;

2. Provide for Wireless Facilities that are consistent with good planning and design, and reasonably limit the visual and environmental impacts;

3. Maximize revenue to the Town of Westminster, consistent with Objectives No. 1 and 2, above;

V. Outcome of Process Each bidder shall agree to be the Lead Tenant if it is the Successful Bidder with the highest successful bid. The Lead Tenant shall be responsible for coordinating among the respective Tenants to perform any common improvements for the benefit of any Tenants and to collect pro-rata expense reimbursements from said Tenants. With the Town’s written approval, individual Tenants may propose and install improvements at their own expense. All Tenants shall be responsible for coordinating and working in harmony with the Town and other Tenants on the use of Site.

The new Lead Tenant may transfer the responsibilities of Lead Tenant willing to accept such assignment, subject to the written approval of the Town, which approval will not be unreasonably withheld.

Any apertures not awarded by this RFB procurement process will remain available for future disposition by the Town, at its discretion. The Town will require any future successful bidder/new tenant to substantially comply with the Tenant responsibilities hereunder, including the reimbursement of pro-rata costs, as referenced above.

Additionally, in any subsequent bid process, the Town is under no obligation to provide bidders with the incentives to bid contained herein. For example, the Town may decide to vary the minimum bid, escalator or other terms.

The costs of installation and/or relocation of Tenants’ antennas, equipment and utilities shall be borne separately by each Tenant (however, nothing in this RFB prevents Tenants from sharing such costs among themselves).

The Town includes a requirement for Tenants to jointly install an extension to the Town’s fiber optic network (“TFN”). The Lead Tenant shall be responsible for coordinating this effort. The TFN meets South Ashburnham Road at the intersection with Oakmont Avenue. This is approximately ½ mile from the curb cut of the Site driveway. Including the road and driveway distances, the TFN Extension would be approximately 0.8 fiber miles to the Tower. The fiber specifications are to be determined. The goal is to have dark fiber and spares running from the Site to a point of interconnect to the TFN near the aforementioned intersection. The Town will consider a solution that combines the Town’s dedicated TFN connection with any commercial fiber run installed to provide the Site with backhaul services.

All successful bidders to this RFB shall share the pro-rata cost of the TFN project through the auspices of the Lead Tenant.

If additional personal wireless service Tenants are added to the Tower in bids conducted after the present bid, up to five years following the first lease commencement under this RFB, such added Tenants will be required to reimburse existing Tenants for their pro-rata share of the TFN Extension costs and any common Site improvements in which the existing Tenants have participated in financially through the Lead Tenant. The Lead Tenant at its sole discretion may choose to waive reimbursement in whole or in part for TFN or common improvements it oversees. The Town is not a party to this pro-rata finance scheme.

VI. Design and Related Requirements

1. Compliance with Applicable Law and Regulations

The Tenants’ 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

Each Antenna Array shall consist of antennas and associated equipment mounted in a ten-foot aperture. The dimensions, color and appearance of Antenna Arrays, site improvements and/or other equipment are subject to the Special Permit authority of the Planning Board, which determination(s) shall be deemed a Lease requirement.

Each Tenant shall be entitled to reasonable use of the Tower’s structural capacity consistent with a typical rural macrocell installation, including cables, antennas, radio equipment and peripherals customarily associated with such facilities. The Town, at its sole discretion, may limit Tenant additions to the Tower or Site to more fairly distribute the available resources among the Tenants.

Any use of the Tower structure for radio relay (other than backhaul from the Site) or other purposes not directly related to the provision of personal wireless services from the Tenant’s aperture are subject to Town written approval and negotiated lease modifications, including financial arrangements, at the Town’s discretion.

Each Tenant shall provide documentation, in advance, to the Town showing that any changes or additions or new attachments to the Tower will comply with this requirement. Any equipment placed on the Tower without the Town’s express written permission shall be removed and conditions restored to original at the equipment owner’s expense upon written notice by the Town.

A routine tower inspection is scheduled prior to finalization of the leases and will be available for bidder inspection on request. The Lead Tenant shall be responsible executing the tower inspection recommendations in coordination with the Town and other Tenants. This effort shall be considered common improvements for the benefit of the Tenants.

3. Ground Space and Equipment Shelters

Each Tenant will be granted up to 300 square feet of ground space, on a space-available basis, per aperture exclusively for its equipment. The leased ground space may be non-contiguous for the benefit of better site design and occupancy, such as the location of a propane tank separately from the base station equipment. Common utility interfaces are not generally considered in calculating lease area. On a space-available basis, Tenants may erect equipment shelters to house their equipment, subject to applicable laws, bylaws and regulations. Tenants may, at their option, share equipment shelters, generators and other resources.

4. Personal Wireless Service Facilities Only

Apart from services and equipment of the Town, pursuant to Paragraph 12, below, Tenants shall have 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 Wireless Facility and Site shall be unmanned.

There shall be no subleasing of a Tenant’s aperture or ground space. Donation of such resources as shelter space, ground space and tower space to charitable use is not considered subleasing when no direct benefit accrues to the Tenant doing so. Such donations shall be proposed to, and approved in writing by, the Town. Examples include voluntarily providing generator services to the Town, providing shelter space for a public safety organization’s radio equipment, or hosting an amateur radio repeater.

5. Fencing, Grading and Landscaping

To the extent local zoning requires site improvements not already present, Tenants shall provide and maintain such improvements required by their permits or under law or regulation.

6. Cable Routing

Cable routing from the base station equipment to the Tower shall neat and workmanlike, and consistent with industry best practice. All abandoned equipment shall be removed by the owner of the equipment. The Town may take upon its initiative, or direct the Lead Tenant, to remove abandoned equipment at the expense of the owner of the equipment. If the owner of the equipment fails to pay timely, such removal of equipment shall be considered common improvements and the costs shall be shared by personal wireless service tenants.

7. Utility Needs

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

The cost of bringing in utility connections for the benefit of more than one Tenant shall be considered common improvements and the costs shared as described in this RFB.

The Lead Tenant shall coordinate the installation of the TFN extension with the Town and distribute a share of the cost to eligible Tenants.

8. Lighting

External lighting at the Site shall be limited to that which is required to conduct repairs and maintenance after dark, unless otherwise specifically authorized by the Town, and shall comply with the requirements set forth in applicable permits, 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 Tenants, except if required by applicable law, or deemed, in the sole discretion of the Town, to be necessary for public safety.

The size, type, quality, shape and placement of any such sign shall comply with the requirements of Chapter 205 Article 10 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 comply with all applicable laws, bylaws and regulations, including environmental requirements. No routine maintenance shall be performed between the hours of 7:00 P.M. and 7:00 A.M.

11. Noise Any equipment installed by Tenants shall comply with the noise requirements set forth in permits or approvals, including a Special Permit from the Westminster Planning Board, applicable laws, bylaws and/or regulations. The provision of generator space is secondary to facilities and utilities space. The Town may reasonably request Tenants to cooperate on reducing the footprint of generator equipment by sharing generators or taking other action as necessary to preserve valuable near-tower space for communications equipment.

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 if it so chooses, without charge. The Town shall be responsible for the cost of its equipment installation and maintenance. The town reserves the space above the tower for its antennas and peripheral equipment. Regardless of the cause, if a Tenant’s communications interfere with Town communications, the Tenant shall be responsible for the cost of resolving the issue, unless due to Town equipment failure. Such compatibility issues as desensitization and intermodulation are not considered equipment failure unless existing Town gear is shown to have stopped working as designed.

VII. List of Appendices The following appendices are referenced in the sections below.

Appendix A Property (including Plan of Site and Tower)

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 Terms

Appendix I Town of Westminster Zoning Bylaws Link

VIII. Bid Submission Requirements and Process

1. Submission Checklist for Bidders A bid submission checklist is forwarded herewith as Appendix C only as a convenience to bidders.

2 . Bid Form Bidders are responsible for accurately completing the Bid Form, attached hereto as Appendix D.

(See Paragraph 12 below for Bid Form information.)

3 . Refundable Bid Deposit and Lease-Execution Fee Every bid shall be accompanied by a bid deposit/execution fee in the form of a certified check, treasurer’s check or cashier’s check issued by a responsible bank and payable to the Town.

The amount of the bid deposit shall be Ten Thousand Dollars ($10,000) per bid. Bid deposits will be returned to unsuccessful bidders. A Successful Bidder that does not execute the Lease under this RFB shall lose its bid deposit, which deposit shall be kept by the Town. The bid deposit of a Successful Bidder who executes a lease shall be converted to a lease-execution fee to partially defray the expenses incurred by the Town of initiating, preparing and executing this RFB through to Lease Commencement.

4. Bid Updates It is intended, but not guaranteed, that addenda shall be e-mailed or otherwise provided by the Town to all parties to whom an RFB has been issued. All Bidders are cautioned to verify the number of addenda which have been issued and to secure any needed copies from the Town.

Furthermore, all Bidders are strongly encouraged, prior to submitting a bid, to ask the Town Contact Person whether any addenda were issued. Failure to receive and obtain such Addenda shall in no way relieve any bidder from the execution of its provision(s).

5. Town Contact The contact person for all information or questions regarding this RFB is:

David Monty Technical Services Westminster Police and Fire Depts 7 South Street Westminster, MA 01473 Phone: 978-874-2117 dmonty@westminster-ma.gov

In an effort to be of assistance, answers to questions may be informally given verbally or by email and are not binding on the Town. Formal answers will be provided on Town letterhead and made available to all prospective bidders.

mailto:dmonty@westminster-ma.gov

6. Pre-Bid Conference A pre-bid conference shall be held by the Town at the site of the Tower according to the schedule in Section I, or at such other date that is posted with reasonable advance notice, at which time the bid process will be discussed, and any relevant questions will be responded to at that time or accepted for a later response. A site visit will be included.

7. 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.

8. Examination and Interpretation of Documents in Request for Bids Process

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

b. The failure of any bidder to thoroughly examine the RFB 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, 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 RFB will be made by the Town, provided the Town determines such interpretation is of sufficient importance so that a response is warranted, and such request is received such that sufficient time is 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 RFB, in writing, to the Town Contact Person.

9. 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)

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

i. Bid Deposit/Lease Execution Fee (Section VII, Paragraph 5 above - $10,000).

It is intended, but not guaranteed, that addenda will be e-mailed or otherwise provided by the Town to all parties to whom an RFB has been issued. All Bidders are cautioned to verify the number of addenda which have been issued and to secure any needed copies from the Town. Furthermore, all Bidders are strongly encouraged, prior to submitting a bid, to ask the Town Contact Person whether any addenda were issued. Failure to receive and obtain such Addenda shall in no way relieve any bidder from the execution of its provision(s).

Bids shall be submitted to:

Town Clerk Town Hall 11 South Street Westminster, MA 01473 by the Bid Deadline (Section I. above) (See also subparagraph 12 below) in a sealed envelope marked on the outside as follows:

“Bid – Wireless Lease at Westminster Tower” “Do Not Open Until Bid Opening” Authorized Representative’s Name Bidder’s Company Name Bidder’s Address Representative’s email address Representative’s Telephone No.

10. Minimum Bid The minimum bid per aperture is stated in Section I., to which shall be applied the specified annual escalator for the duration of the lease, including during the two successive 5-year renewal terms.

11. 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 Board of Selectmen’s Office prior to the opening of the bids.

12. Deadline Bids are due by date and time in the schedule in Section I. (unless extended by Addendum) at the office of the Contact Person, at which time they will be opened publicly.

13. Bids Binding and In Full Force and Effect All bids shall remain in full force until the date listed in the Section 1. schedule above. Subject to an affirmative vote by the Select Board to enter the respective Lease(s), the Successful Bidders shall thereafter execute the Lease with the Town by the date listed in the Section 1.

schedule above or such later date as may be approved by the Town in 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 RFB, and that they accept the terms and conditions of this RFB, including the Lease Terms as set out in Appendix H, as may be finalized by the Town consistent with this RFB.

14. Evaluation Criteria To be considered responsive, Bidders shall demonstrate they are providers of personal wireless services to subscribers in Westminster, Massachusetts and have a network or are developing a network to provide or improve such services in Westminster as well as demonstrating they have the financial capacity to enter a lease with the Town and construct and operate their facility.

To be awarded a position on the Tower, each successful bidder3 will be given an opportunity to choose its position on the Tower in an order based upon the rank of its bid based on price (the higher the annual rent, the higher the priority). In the event of a tie between any bidders, the rank order of said tied bidders shall be determined by the Town based on its judgment as to which of the bids further advances the Objectives set out in Section IV above. The highest rank bidder shall be designated as the new Lead Tenant and shall be responsible for coordinating the installation and maintenance of any common infrastructure placed for the primary benefit of the personal wireless service Tenants, in accordance with the provisions of this RFB, including cost-sharing obligations of other Tenants.

15. Town’s Reservation of Rights

a. The Town reserves the right to withhold the award of designation as a Successful Bidder and withhold a lease when, in the reasonable judgment of the Town, the bidder is unable, after

3 A “Successful Bidder” is a bidder that: (1) has submitted a responsive and responsible bid that meets or exceeds the minimum bid price; and (2) has a rank (based on the bid dollar amount) that does not exceed the number of available apertures. (note – the determination as to whether a rank exceeds the number of apertures may be subject to reevaluation as awards are accepted and leases are executed) See Appendix B Definitions.

written request of the Town, to furnish satisfactory evidence of adequate ability, financial, legally or otherwise, to comply with the requirements of this RFB 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 RFB will not further the one or more of the Objectives set out in Section IV above.

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

IX. Pre-Lease Process and Requirements

1. Location on Tower (Aperture)/Bid Rank

Subsequent to the submission of bids, the Town will inform the responsive and responsible bidders of the rank order of their bids based on the dollar amount of the respective bids. (In the event of a tie between any bidders, the rank order of said tied bidders shall be determined by the Town based on its judgment as to which of the tied bids further advances the Objectives set out in Section IV above.) Each Successful Bidder will be given an opportunity, in turn, by rank order, to select an aperture on the Tower as available pursuant to this RFB.

Nothing herein prohibits Successful Bidders from negotiating among them for aperture locations, the final selection of which is subject to written approval of the Town.

2. Site Plan Meeting

In accordance with the schedule in Section 1. of this RFB, the Town will hold a site plan meeting at the Westminster Town Hall with all Successful Bidders regarding the development of a preliminary site plan. Attendance at this meeting is mandatory. Prior to the meeting, each Successful Bidder shall provide the new Lead Tenant with their facility design requirements.

(Facility design requirements shall contain such information as needed to integrate the facilities of all Tenants on the Tower and the Site, including preferred dimensions of equipment space, type of installation [such as shed or outdoor cabinet], utility requirements, cable dimensions and quantity, and preferred antenna configuration.) The Town shall make the final determination as to the location and arrangement of any changes to existing conditions on the Tower and Site, consistent with the provisions of this RFB.

3. Preliminary Site Plan

The new Lead Tenant shall no later than the date listed in Section 1. schedule above, prepare and provide to the Town, in coordination with all other Successful Bidders and any remaining Tenants, a Preliminary Site Plan and Structural Analysis.

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 Wireless Facilities, including Tenant equipment and the Tower and common infrastructure. The Preliminary Site Plan shall also show any proposed changes to the utilities on the parcel. The Lead Tenant shall review the Preliminary Site Plan with the other Tenants before submission to the Town. 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 RFB.

The Structural Analysis shall show all existing and proposed equipment on the Tower and provide an analysis demonstrating that the structure will remain compliant with applicable codes.

4. Select Board Vote Authorized

The grant of any and all Leases is contingent upon a vote by the Select Board. All bids shall remain in full force and effect until the date listed in the Section 1. schedule above. The May 2025 Town Meeting authorized the Selectboard to enter leases.

5. Execution of Lease After Vote by the Select Board

a. Subject and subsequent to a vote by the Select Board to enter into the respective Lease(s), the Successful Bidders shall execute the Lease provided by the Town by the date listed in the Section 1. schedule above or such longer time as granted by the Town in its discretion.

b. The Lease with the Lead Tenant shall require that said Lead Tenant coordinate all common improvement work arising from the Leases entered into pursuant to this RFB. All Tenants who have executed Leases pursuant to this RFB, including the Lead Tenant, shall equally share in all joint costs, including the TFN Extension, costs of design and construction, operation, maintenance and repair of common infrastructure, as well as site development, permitting and matters arising therefrom. All tenants shall work together in a cooperative manner and make their best efforts to meet schedule deadlines. All leases for personal wireless service apertures on the Tower will include enabling language in the event the Lead Tenant role is assigned to another Tenant.

6. Post-Lease Contingencies and Rights of the Tenant

Lease Contingent Upon Grant of Required Permits, including Special Permit Being Granted By the Westminster Planning Board - The Town’s Lease obligation is contingent upon the grant of all required permits and approvals, including: (i) the grant of a Special Permit by the Town of Westminster Special Permit Granting Authority, pursuant to Chapter 205 of the Zoning Bylaws

(Appendix I), and (ii) the grant of applicable building permits for the Wireless Facility. All Tenants shall, to the extent necessary or required, forthwith, after the execution of their Lease, apply for, and diligently pursue in good faith, a Special Permit pursuant to said Chapter 205 and any required building permits.

X. Design Submissions

1. Preliminary Engineering Plans

The new Lead Tenant shall, within thirty (30) days after the execution of the Lease, and prior to the submission of any application for a Special Permit to the Special Permit Granting Authority, pursuant to Chapter 205 of the Zoning Bylaws, prepare and submit the following to the Town:

a. Engineering Drawings for Tower - engineering drawings showing the proposed configuration of all Tenants’ equipment on the Tower, including all Successful Bidders under this RFB and all existing equipment mounted on thereon.

b. Engineering Drawings for Site - engineering drawings showing the proposed configuration of all Tenants’ equipment and common equipment on the Site (e.g. ground) including all Successful Bidders under this RFB and all existing Tenants who did not participate in this

RFB .

c. Structural and Other Necessary Analysis - Provide all analyses, such as structural, and other necessary analyses demonstrating compliance with applicable codes, and safety and environmental regulations and requirements.

d. Description of the noise levels that will be produced by the Wireless Facility, including any relevant measurement data and/or manufacturer’s noise specifications.

e. Description of the type and approximate quantities of hazardous materials associated with Wireless Facilities to be used or stored on the Site. Explanation of the use and feasibility of alternatives to the materials described. Submit a Material Safety Data Sheet (MSDS) for each hazardous material.

f. A plan showing the area of disturbance during the site work for the installation, if any, of ground infrastructure and site development. Detailed landscaping sensitive to the surrounding residential area or necessitated by the use of this Site shall also be included on the final design plan and submission.

A copy of the preliminary engineering plans shall be provided to all Tenants and to the Town.

The preliminary engineering plans shall be subject to approval by the Town, which shall not be unreasonably withheld.

2. Final Design Submissions

a. Conditioned upon the approval of the preliminary engineering plans by the Town, the new

Lead Tenant, with the cooperation of the other Tenants, shall prepare the final design plans, certified by a Massachusetts Registered Professional Engineer qualified to design wireless facilities, and such other information regarding the proposed Wireless Facility requested by the Town. A copy of the final design submissions shall be provided to all Tenants and to the Town. The final design submissions shall be subject to approval by the Town, which approval shall not be unreasonably denied. Approval by the Town is required prior to the new Lead Tenant’s application for a building permit.

c. The final design plans shall not be finalized by the new Lead Tenant(s), nor submitted to the

Town, until after the grant of a Special Permit by the Special Permit Granting Authority, pursuant to Chapter 205 of the Zoning Bylaws and, as appliable, after the date upon which a building permit application could be granted under applicable law. The final design plan shall be submitted no later than thirty (30) days after said date upon which a building permit application could be granted. The new Lead Tenant shall submit to each Tenant, with a copy to the Town, an estimate of any joint design and construction cost. The new Lead Tenant may direct that the other Tenants place a pro-rata share of joint design and construction costs into an escrow account, in the name of the new Lead Tenant and all other Tenants, to be used by the new Lead Tenant for such design and construction of the Tower Facility.

d. Final design submissions shall include any information and plans reasonably requested by the Town. The Town shall, in a timely manner, provide the new Lead Tenant with a list of all final design submission requirements.

As-built drawings: after construction is completed and any approvals for use, as may be needed, are obtained, the new Lead Tenant shall prepare updated as-built drawings and submit to the Town within 60 days of final approvals.

XI. Future Zoning and Other Permitting

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

Appendix A – Site Drawings

Property (including Plan of Site and Tower)

Appendix B – Definitions

Antenna Array A group of one or more wireless directional antennas mounted in a single aperture, associated with a single Personal Wireless Service provider.

Aperture The tower shall be divided vertically in ten-foot segments for the purposes of leasing space on the tower. Each ten-foot space available for antenna installation shall be called an aperture. Apertures may be assigned to abut vertically counting down from the top of the tower. Apertures or groups of apertures may also be assigned at lower elevations.

Available Aperture A ten-foot vertical space on the tower that is not assigned to another Tenant and is not reserved for Town use.

Bond Performance bond issued from a bonding company licensed to do business in the Commonwealth of Massachusetts, which is acceptable to the Town or such alternative means of securing performance acceptable to the party receiving said surety (i.e., bank deposit).

Hazardous Material Materials a s defined in applicable state and federal law, including Massachusetts General Law Chapter 21E.

Interference (Radio Frequency)

The effect of unwanted energy due to one or a combination of emissions, radiations, or inductions upon reception in a radio communication system, manifested by any performance degradation, misinterpretation, or loss of information which could be extracted in the absence of such unwanted energy. (47 C.F.R. § 2.1 (citing Geneva Radio Regulations of 1982))

Lead Tenant A Tenant that is a Wireless Service Provider who is assigned the responsibility for managing common infrastructure construction, installation, maintenance and repair according to the terms of the lease.

Lease Commencement

Lease commencement is when Tenant’s obligation to pay rent, among other things, begins. See description for specifications.

Parcel As shown on Town of Westminster’s Assessors’ Map No. 46, Parcel 9-13.

Personal Wireless Service

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

Personal Wireless Service Facility

Personal Wireless Service Facility as defined by 47 USC §332 (c)(7)(C)(ii).

Also referred to as Wireless Facility

RFB Request For Bids

Site The locus of Parcel 46-09-01 where the Tower is situated. See Appendix A.

Special Permit A Special Permit or Special Permit Modification, as the case may be, pursuant to Section 185-46 – Personal wireless service facilities of the

Successful Bidder A Successful Bidder is a bidder that is a responsive and responsible bidder for which an aperture on the Tower is available for lease pursuant to this bid

Tenant A party that has a lease to use the Tower. Personal Wireless Service Tenants that control a full aperture have certain additional responsibilities under the terms of their lease (e.g cost-sharing of common improvements), as compared with other Tenants that might have minimal equipment on the Tower.

Town Fiber-optic Network (TFN)

An existing overhead dedicated fiber optic network owned and operated by the Town.

TFN Extension Dark fiber including spares that is installed between the Site and a point of interconnection to the TFN near the intersection of Oakmont Avenue and South Ashburnham Road.

Tower The approximately 190-foot tall telecommunications tower at 211 South Ashburnham Road, Westminster, Massachusetts owned by the Town.

Town The Town of Westminster, Massachusetts

Wireless Facility See Personal Wireless Service Facility.

Wireless Service See Personal Wireless Service.

Wireless Service Provider

Holder of Federal Communications Commission license to operate a Personal Wireless Service.

Appendix C – Submission Checklist for Bidders

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

The following six (6) 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. Bid Application Fee in the amount of One Thousand Dollars ($1,000).

(Company check not accepted.) (RFB - Section VIII, Paragraph 5).

4. Bid Deposit in the amount of Ten Thousand Dollars ($10,000).

(Company check not accepted.) (RFB - Section VIII, Paragraph 5).

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

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

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

Bid – Wireless Lease on Westminster Tower Do Not Open Until Bid Opening Bidder’s Company Name Authorized Representative’s Name Bidder’s Address Bidder’s E-Mail Address Bidder’s Telephone No.

and submitted to:

Town Clerk Town Hall 11 South Street Westminster, MA 01473

Appendix D – Westminster Tower Bid Form

The Undersigned hereby declares that the Bidder has carefully examined the “Request For Bids From Personal Wireless Service Providers For Lease of Space On Tower And Site”.

The Undersigned hereby makes a bid (to which said Bidder agrees to be legally bound in accordance with the terms and conditions of the RFB of the following annual rent (subject to the annual rent increase of two and one-half percent (2.5%) per year):

$________________per year ______________________per year

(Dollar Amount in Numbers) (Dollar Amount in Words)

Must equal or exceed the Minimum Bid amount: thirty thousand dollars/year ($30,000/year)

Name of Bidder:

Business Address of Bidder:

City, State, Zip code ________________________________________________

E-Mail Address of Bidder:

Telephone No. of Bidder:

Signature and Printed Name of Individual Authorized to Submit Bid:

Signature Printed Name:

Date:

(A Certificate of Corporate Vote, or other documentation of authority is encouraged, but not required.)

Please review the attached “Checklist for Bidders” (Appendix C) and “Bid Information Sheet” (Appendix E) to ensure submission of all required information and items.

Appendix E – Bid Information Sheet

Bidders Must Respond to the Below Requests for Information

Bidders may use any reasonable form, including attaching pages to this Bid Information Sheet to submit the below required plans, drawings and information.

i. Description and…