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Home My WebLink About2020-10-20 Select Board Packet1. Community Conversations a. Building relationships in Reading b. Service expectations of residents—needs c. Capital priorities d. Timing: Q1 2021 e. Deliverable: summary doc for discussion with SB Q2 2. Social Justice a. Bringing Ad Hoc committee proposal to fruition b. Partner with HRAC (?) and community stakeholders to support and implement initiatives and necessary infrastructure to support a socially just, inclusive and welcoming Reading. c. Regular updates to SB (bimonthly?) 3. Sustainability a. Green Communities implementation and updates b. EV charging station in town c. Performance contracting updates i. Look at heat pumps and other initiatives to reduce carbon footprint d. Work with RMLD to support initiatives i. Community solar ii. EV –vehicles and charging e. Monthly updates to SB—+ TM update i. Written updates and presentations as appropriate f. Implement Town guidance policies for consideration of green alternatives in advance of infrastructure replacement requirements g. Explore appropriate policy and potentially by law changes to support the use of alternative energy sources i. Community best practices 4. Economic Development a. Help local businesses survive and thrive in Reading b. How to support more outdoor dining, shopping c. Action plan to encourage people to patronize local businesses with regular updates i. Cooler months ii. Warmer months d. Updates bimonthly 5. HR Policy update a. Recruiting, retention b. Diversity hiring as key element c. Listening tour → Best practices → Recommendations →Policy changes d. Public hearing Q1 2021; policy implementation Q2 2021 6. Charter and By Law Updates a. Community outreach → Committee reflecting variety of viewpoints, needs, wants b. Presentation on process for Charter and By Law changes c. Solicit input from boards and committees for By law change ideas d. Timeline and implementation plan e. BOH membership from 3-5 (Charter change required) i. Target April 2021 if possible 7. Health Department restructure a. Strengthen department to recognize handle increased importance of health both with and without Covid b. Remove overburden on BOH c. Implement both short and long-term strategies in collaboration with BOH d. Deliverables: CY2020 assistance (temp?) and longer-term recommendations for the department by end of FY21 e. Monthly updates to SB 8. Capital 9. Land Use a. Ensure that Conservation Comm involved in all activities b. Includes work at Symonds and Camp Curtis FY 2021 Classification Information Presented by the Reading Board of Assessors October 20, 2020 Required Actions by SB •Selection of a Minimum Residential Factor. •Selection of a Discount for Open Space. •Granting of a Residential Exemption. •Granting of a Small Commercial Exemption. Minimum Residential Factor •Recently, Reading has adopted a slight split tax rate. •An MRF of 1 would yield a single tax rate. •(Tax Levy / Total Value) x 1000 = TR •Tax Levy is $78,928,684 / $5,721,036,355 = 0.01380 x 1000 = $13.80 •Single Tax Rate would be $13.80 est. Reading Senior Circuit Breaker Credit Details •181 Seniors applied for the exemption. •176 Seniors were approved. •Total Amount of Circuit Breaker Income Tax Credits Received by Qualified Seniors: $180,200. •The Current Exemption Amount is 150%. •The total credit amount of $270,300; will be shifted within the residential class of properties to pay for the tax relief. •At 150%, we would be shifting $270,300 and the residential tax rate would be $13.83 and the CIP rate would be $14.07 at a shift of 1.02. •Without a shift the tax rates would be $13.85 residential and $13.80 for CIP. The average single family home value for FY 2021 is $657,300 The table below summarizes the anticipated FY 2021 average tax bill amounts at various shift intervals. CIP SHIFT MRF RES %RES TAX RATE EST 2021 BILL 1 1.0000 92.9389 $13.85 $9,104 1.01 0.999240 92.8683 $13.84 $9,097 1.02 0.998481 92.7977 $13.83 $9,090 1.03 0.9977 92.7271 $13.82 $9,084 1.04 0.9970 92.6565 $13.80 $9,071 1.05 0.9962 92.5858 $13.79 $9,064 1.06 0.9954 92.5152 $13.78 $9,058 1.07 0.9947 92.4446 $13.77 $9,051 1.08 0.9939 92.3740 $13.76 $9,044 1.09 0.9932 92.3034 $13.75 $9,038 1.10 0.9924 92.2328 $13.74 $9,031 Average single family tax bill history from 2007 to present. Fiscal Year Single Family Assessed Values Single Fam Parcel Single Family Avg Value Residential Tax Rate Avg Single Family Tax Bill Percent Change 2007 2,994,759,900 6,487 461,656 12.07 5,572 2.79% 2008 2,933,909,900 6,490 452,066 12.6 5,696 2.23% 2009 2,882,787,600 6,501 443,438 13.21 5,858 2.84% 2010 2,816,270,800 6,505 432,939 13.75 5,953 1.62% 2011 2,880,796,500 6,508 442,655 13.8 6,109 2.62% 2012 2,895,475,600 6,514 444,500 14.15 6,290 2.96% 2013 2,816,675,700 6,516 432,300 14.94 6,459 2.68% 2014 2,910,595,200 6,524 446,100 14.74 6,575 1.76% 2015 3,030,663,500 6,528 464,250 14.71 6,828 3.84% 2016 3,266,065,400 6,539 499,500 14.51 7,248 6.15% 2017 3,491,464,400 6,544 533,537 14.04 7,490 3.33% 2018 3,666,153,000 6,549 559,803 13.87 7,761 3.62% 2019 3,897,988,400 6,556 594,568 14.26 8,479 9.25% 2020 4,117,586,400 6,566 627,104 13.96 8,748 3.24% 2021 est 4,315,911,300 6,566 657,312 13.83 9,090 3.92% FY 2021 TAX RATE NOTE Total Amount of the FY 2021 Debt Exclusion is $2,839,443 This adds $0.50 to the FY 2021 Res Tax Rate $328 to the Average Single Family Home $861 to the Average Commercial Property FY 2021 TAX RATE NOTES Cont. 2018 2019 Sales Activity 222 267 Days on Market 34.63 40.04 Avg. Sale Price $655,921 $664,451 The average commercial property valuation for FY 2021 is $1,721,800. The table below summarizes the anticipated FY 2021 average commercial tax bill amounts. CIP SHIFT MRF CIP %CIP TAX RATE EST 2021 BILL 1 1.0000 7.0611 $13.80 $23,761 1.01 0.999240 7.1318 $13.93 $23,985 1.02 0.998481 7.2023 $14.07 $24,226 1.03 0.9977 7.2730 $14.21 $24,467 1.04 0.9970 7.3435 $14.35 $24,708 1.05 0.9962 7.4141 $14.49 $24,949 1.06 0.9954 7.4847 $14.62 $25,173 1.07 0.9947 7.5554 $14.76 $25,414 1.08 0.9939 7.6261 $14.90 $25,655 1.09 0.9932 7.6966 $15.04 $25,896 1.10 0.9924 7.7673 $15.18 $26,137 CIP SHIFT MRF CIP %CIP TAX RATE EST 2021 BILL 1 1.0000 7.0611 $13.80 $10,132 1.01 0.9992 7.1318 $13.93 $10,227 1.02 0.9985 7.2023 $14.07 $10,330 1.03 0.9977 7.2730 $14.21 $10,433 1.04 0.9970 7.3435 $14.35 $10,536 1.05 0.9962 7.4141 $14.49 $10,639 1.06 0.9954 7.4847 $14.62 $10,734 1.07 0.9947 7.5554 $14.76 $10,837 1.08 0.9939 7.6261 $14.90 $10,940 1.09 0.9932 7.6966 $15.04 $11,042 1.10 0.9924 7.7673 $15.18 $11,145 The median commercial property valuation for FY 2021 is $734,200. The table below summarizes the anticipated FY 2021 median commercial tax bill amounts. Commercial Property Value Breakdown for FY 2021 71 properties < $500K 50 from $500K -$1M 38 from $1m to 2M 23 from 2M to 10M 6 Properties above $10M 0 10 20 30 40 50 60 70 80 <500K 500K - 1M 1M - 2M 2M - 10M > 10M Average commercial tax bill history from 2007 to present. Fiscal Year Total Commercial Value Comm. Parcels Average Commercial Value Tax Rate Average Commercial Tax Bill Percent Change 2007 236,516,816 198 $1,194,529 12.07 14,418 -2.45% 2008 256,582,400 203 $1,263,953 12.6 15,926 10.46% 2009 262,919,463 206 $1,276,308 13.21 16,860 5.87% 2010 270,816,033 205 $1,321,054 13.75 18,164 7.74% 2011 319,506,376 204 $1,566,208 13.8 21,614 18.99% 2012 320,481,055 205 $1,563,322 14.15 22,121 2.35% 2013 300,063,400 199 $1,507,900 14.94 22,527 1.84% 2014 285,068,700 198 $1,439,700 14.76 21,221 -5.7% 2015 284,141,800 196 $1,449,700 14.71 21,325 .488% 2016 294,140,500 197 $1,493,100 14.51 21,665 1.59% 2017 309,470,100 198 $1,563,000 14.04 21,945 1.29% 2018 317,592,400 201 $1,580,062 13.92 22,002 -0.007% 2019 319,725,400 194 $1,648,064 14.20 23,403 6.36% 2020 327,747,500 192 $1,707,018 14.21 24,257 3.65% 2021 est 327,145,600 190 $1,721,818 14.07 24,226 -0.13% Discount for Open Space •MGL C59, sec 2A defines class 2 open space as:“land which is not otherwise classified and which is not taxable under provisions of Chapters 61A or 61B, or taxable under a permanent conservation restriction, and which land is not held for the production of income but is maintained in an open or natural condition and which contributes significantly to the benefit and enjoyment of the public.” •An exemption of up to 25% could be adopted for property classified as Class 2 Open Space. •Reading has never adopted a discount for Class 2 Open Space. Residential Exemption •SB may adopt a Residential Exemption for residential properties in town that are owner occupied. •Amount up to 35% of the average assessed value of ALL residential properties, including vacant land. •Adopting this would raise the residential tax rate. This would apply to all residential properties before the exemption. The top third of the residential properties would be paying for the exemption. •Adopted by only 13 communities including Boston, Chelsea, Cambridge & Waltham. •Since the shift is only in the res class, higher valued homes will pay for the exemption to those homes of lower value. Small Commercial Exemption •Up to 10% of property value for commercial properties only. (No industrial or personal property). •Total Property Value less than $1,000,000 •Not more than 10 employees as certified by the Dept. of Employment & Training. •One business in a building of several would qualify only if all other businesses qualified. •Exemption goes to the real estate owner and not the business owner. •Less than a dozen communities in the Commonwealth have adopted this exemption. Neighboring Communities / FY 2020 Community Avg. Single Family Value Avg. S. F. Tax Bill Tax Rate /$1000 RES / CIP CIP SHIFT MAX / ACTUAL Lynnfield $650,497 $9,055 13.92 / 18.86 1.50 / 1.24 No. Reading $601,334 $9,381 15.60 1.50 / 1.0 Stoneham $565,130 $6,098 10.79 / 20.50 1.75 / 1.75 Wakefield $555,928 $7,099 12.77 / 24.92 1.75 / 1.75 Wilmington $506,113 $6,873 13.58 / 30.59 1.75 / 1.75 Woburn $501,809 $4,677 9.32 / 23.20 1.75 / 1.75 READING $627,104 $8,748 13.95 / 14.23 1.50 / 1.02 Reading and Stoneham have a CIP sector less than 10%. Municipality Residential Commercial Industrial Personal Property Total RO% of Total CIP% of Total Arlington 11,400,195,250 502,941,029 25,167,400 128,672,400 12,056,976,079 94.55 5.45 Belmont 8,740,522,800 357,864,045 24,014,500 87,453,160 9,209,854,505 94.90 5.10 Burlington 4,583,885,284 2,458,773,262 199,684,672 203,853,020 7,446,196,238 61.56 38.44 Concord 6,141,398,117 468,225,858 26,619,200 49,007,950 6,685,251,125 91.86 8.14 Lexington 11,160,005,132 785,040,180 436,413,405 216,889,380 12,598,348,097 88.58 11.42 Lincoln 2,105,793,740 36,007,445 2,710,006 35,672,260 2,180,183,451 96.59 3.41 Lynnfield 2,744,133,363 395,089,790 20,346,800 39,060,791 3,198,630,744 85.79 14.21 Melrose 5,568,634,892 163,471,358 22,018,570 88,669,960 5,842,794,780 95.31 4.69 Milton 6,095,404,158 155,462,518 4,914,300 96,633,710 6,352,414,686 95.95 4.05 North Reading 2,985,474,038 222,929,562 142,069,700 59,382,550 3,409,855,850 87.55 12.45 Reading 5,064,907,915 341,606,043 11,352,200 49,506,830 5,467,372,988 92.64 7.36 Stoneham 4,056,490,832 339,654,939 29,723,400 57,554,517 4,483,423,688 90.48 9.52 Sudbury 4,451,809,500 179,424,076 30,823,000 111,016,580 4,773,073,156 93.27 6.73 Wakefield 4,717,162,109 446,978,180 82,249,400 120,168,990 5,366,558,679 87.90 12.10 Watertown 7,209,091,371 1,184,540,887 520,430,600 184,541,650 9,098,604,508 79.23 20.77 Wilmington 3,839,056,301 183,435,874 799,389,024 159,345,290 4,981,226,489 77.07 22.93 Winchester 7,814,004,098 261,018,159 33,912,000 60,696,780 8,169,631,037 95.65 4.35 Woburn 6,105,390,499 1,117,317,001 906,628,300 394,367,460 8,523,703,260 71.63 28.37 VARIOUS COMMUNITIES RESIDENTIAL VS CIP SHARE OF TAX BASE Middlesex League / FY2020 Community Avg. Single Family Value Avg. S.F. Tax Bill Tax Rate / $1000 RES / CIP CIP SHIFT MAX / ACT Arlington $825,145 $9,126 11.06 1.50 / 1.0 Belmont $1,284,591 $14,130 11.00 1.50 / 1.0 Burlington $566,991 $5,466 9.64 / 25.54 1.695 / 1.605 Lexington $1,106,526 $15,547 14.05 / 27.22 1.75 / 1.75 Melrose $634,884 $7,015 11.05 / 18.58 1.75 / 1.68 Stoneham $565,130 $6,098 10.79 / 20.50 1.75 / 1.75 Wakefield $555,928 $7,099 12.77 / 24.92 1.75 / 1.75 Watertown Exemption Res Ex 12.14 / 22.53 1.75 / 1.75 Wilmington $506,113 $6,873 13.58 / 30.59 1.75 / 1.75 Winchester $1,153,972 $14,298 12.39 / 11.80 1.50 / 1.0 Woburn $501,809 $4,677 9.32 / 23.20 1.75 / 1.75 READING $627,104 $8,748 13.95 / 14.23 1.50 / 1.02 Largely Residential Comparable Communities Fiscal Year 2020 Data Community Avg. Single Family Value Avg. S.F. Tax Bill Tax Rate / $1000 RES / CIP CIP SHIFT MAX / ACT Arlington $825,145 $9,126 11.06 1.50 / 1.0 Belmont $1,284,591 $14,130 11.00 1.50 / 1.0 Concord Exemption 14.23 1.50 / 1.00 Lincoln $1,178,219 $18,097 15.36 /20.18 1.50 / 1.30 Lynnfield $650,497 $9,055 13.92 /18.86 1.50 / 1.29 Melrose $634,884 $7,015 11.05 / 18.58 1.75 / 1.63 Milton $737,878 $9,681 13.12 / 20.10 1.75 / 1.50 Sudbury Exemption 18.45 / 24.97 1.50 / 1.33 Wakefield $555,928 $7,099 12.77 / 24.92 1.75 / 1.75 Winchester $1,153,972 $14,297 12.39/ 11.80 1.50 / 1.0 READING $627,104 $8,748 13.95 /14.25 1.50 / 1.02 Reading had the third lowest average single family tax bill of those listed. All communities except Wakefield, Melrose, and Milton had a 1.5 shift capacity. Community Avg. Single Family Value Avg. S.F. Tax Bill Tax Rate / $1000 RES / CIP CIP SHIFT MAX / ACTUAL Andover Exemption 15.01 / 27.14 1.75 / 1.57 Bedford $741,167 $9,769 13.18 / 28.95 1.75 / 1.75 Belmont $1,284,591 $14,130 11.00 1.50 / 1.0 Burlington $566,991 $5,466 9.64 / 25.54 1.70 / 1.62 Canton $565,192 $6,912 12.23 / 25.42 1.693 / 1.66 Danvers $493,913 $6,451 13.06 / 20.77 1.50 / 1.40 Dedham $540,688 $7,418 13.72 / 28.70 1.75 / 1.75 Lynnfield $650,497 $9,055 13.92 / 18.86 1.50 / 1.29 Mansfield $467,148 $7,175 15.36 / 21.60 1.50 / 1.29 Marshfield $461,933 $6,158 13.33 1.50 / 1.0 Milton $737,878 $9,681 13.12 / 20.10 1.75 / 1.50 Natick $617,960 $8,410 13.61 1.50 / 1.0 North Reading $601,334 $9,381 15.60 1.50 / 1.0 North Andover $553,731 $7,608 13.74 / 18.53 1.50 / 1.29 Shrewsbury $478,603 $5,968 12.47 1.50 / 1.0 Stoneham $565,130 $6,098 10.79 / 20.50 1.75 / 1.75 Tewksbury $433,362 $6,921 15.97 / 28.00 1.75 / 1.56 Wakefield $555,928 $7,099 12.77 / 24.92 1.75 / 1.75 Walpole $531,919 $7,973 14.99 / 19.94 1.50 / 1.275 Westborough $533,595 $9,775 18.32 1.50 / 1.0 Westford $565,694 $9,238 16.33 / 16.33 1.50 / 1.0 Wilmington $506,113 $6,873 13.58 / 30.59 1.75 / 1.75 Winchester $1,153,972 $14,298 12.39 / 11.80 1.50 / 1.0 READING $627,104 $8,748 13.95 / 14.25 1.50 / 1.02 TERM DEFINITION Levy The property tax levy is the revenue a community can raise through real and personal property taxes. Levy Limit The maximum amount a community can levy in a given year equal to last year’s levy plus 2.5% plus new growth plus debt exclusion / override if applicable. Levy Ceiling Equal to 2.5% of the total full and fair cash value of all taxable real and personal property in the community. New Growth Increase in the tax base due to new construction, parcel subdivisions, condo conversions and property renovations, but not due to revaluation. It is calculated by multiplying the increased assessed value by the prior year’s tax rate for the property class. Override A permanent increase to a community’s levy limit. Override Capacity The difference between the levy ceiling and the levy limit. It is the maximum amount by which a community may override its levy limit. Debt Exclusion A temporary increase to the levy limit for the payment of a specific debt service item over a specified period of time. Capital Outlay Expenditure A temporary exclusion for the purpose of raising funds for capital projects. Excess Levy Capacity The difference between the actual levy and the levy limit. IMPORTANT TERMS Page 1 of 1 Memo To: Select Board Robert W. LeLacheur, Jr., Town Manager CC: Jane Kinsella, Director of Public Works From: Ryan Percival, P.E., Town Engineer Date: October 15, 2020 Re: Auburn Street Water Tank Replacement & Cell Relocation On June 16, 2020 the Department of Public Works, Engineering Division presented an update to the Select Board on the progress of the Auburn Street water tank replacement and the relocation of the cell carrier’s equipment. On October 20, 2020 the Town will be presenting an overview of the project’s progress to date. Additionally, an open discussion will take place to help clarify and answer any question with regard to the project, specifically as it relates to the cell carriers and their relocation. Previous discussions led the Town to request the carriers to supply and install a temporary cell tower. The Town issued a Request for Proposals to construct a temporary tower which included leasing agreements to be placed back on to the new water tank. The bids were opened and determined to be non- responsive. Further follow up meetings with the carriers indicated several logistical and permitting issues that would make it difficult for the carriers to construct a tower. It was suggested at that point that the Town would be best to fund the temporary tower to avoid permitting and leasing concerns. It is important to note that the temporary tower would be designed in the same manner as a permanent cell tower, to support the equipment and wind loads. The question posed to the Town at this point is whether the Town funds a cell tower, either temporary or permanent? Attached to the presentation and included in this packet are responses to questions from the Select Board, time line of events, the Request for Proposals (RFP) #19-22 Lease of Municipal Real Estate for Wireless Communications Facility, several memos, and responses to a Request for Information (RFI) from the Town to the cell carriers. Two of the memos are from the Town’s design consultant, Weston and Sampson, and provide a life cycle cost analysis for the tank as well as documentation that the new tank will be able to support the equipment of four cell carriers. The remaining information deals with the potential cell tower discussion and includes two letters of support from various public safety agencies. Town of Reading Engineering Division AUBURN STREET WATER TANK REPLACEMENT & CELL RELOCATION PRESENTATION AUBURN STREET CELL TOWER & WATER TANK PROJECT TIMELINE •Hired engineering consultant to design new tank and consultant to assist with cell tower. •Select Board meetings 10/25/16, 6/27/17, 7/10/18 and 6/16/20 •Town Meeting allocates $100,000 for cell tower design in FY17 •Life cycle cost analysis of tank replacement vs repainting •Request for Information from the cell carriers 9/27/17 –coverage map for cell tower vs. tank. •Completed full topographic survey October 2017. •Performed sub-surface borings and soil analysis October 2017 •Geotechnical Report dated March 22, 2018 •Design Consultant memo on fitting carriers on new tank April 5, 2018 •April 2018 Town Meeting approves a capital plan with $400,000 for cell tower construction, scheduled for FY20 •November 2018 Town Meeting, approved a capital plan that removed the $400,000 (based on 7/10/18 SB meeting) •April 2019 Town Meeting approves $4.5M for new water tank. •Request for Proposals from carriers to construct a temporary cell tower 12/16/19. –RFP also dealt with water tank lease agreements. –Town received non-responsive bids. •Meetings with cell carriers since RFP to determine path forward. –Town to fund temporary cell tower which eases permitting issues and separates tower construction from leasing? •6/16/20 SB meeting •Met with design consultants to site the location of a cell tower (temporary or permanent) •Staff responds to public questions and comments October 2020 AUBURN STREET WATER TANK EXISTING •750,000 GAL Elevated Tank •Constructed 1953 •Height = Approx. 110 Feet •3 Cellular carriers currently on tank, including Town Public Safety and DPW antennas •Last Painted in 1996 Interior/1998 Exterior EXISTING SITE PROPOSED TOWER LOCATION Existing Coverage (LTE Midband) with 4DE8055A Water Tank Proposed Coverage (LTE Midband) with Tower Candidate Location: 42.531101, -71.105617 at Rad Ctr of 165 Feet Propose location is less than 100 Feet away PROPOSED WATER TANK •750,000 gal to 1M gal capacity, depending on hydraulic model •Composite Elevated Tank (CET) –Glass fused to steel tank atop a concrete column •Located within the same footprint as existing •Additional storage space within concrete column •Low maintenance PEABODY COMPOSITE ELEVATED TANK TOWN OF READING PROCUREMENT OFFICE CONTRACT FOR TOWN OF READING (M.G.L. Ch. 30B, Sec. 16) LEASE OF MUNICIPAL REAL ESTATE FOR WIRELESS COMMUNICATIONS FACILITY REQUEST FOR PROPOSALS #19-22 Proposal Opening Date: December 16, 2019 at 1:00 p.m. 16 Lowell Street Reading, MA 01867 ajenkins@ci.reading.ma.us November 2019 THIS PAGE IS INTENTIONALLY BLANK T O W N O F R E A D I N G P a g e | 3 TABLE OF CONTENTS REQUEST FOR PROPOSALS 5 SUMMARY 7 INSTRUCTIONAL TO RESPONDENTS 9 GENERAL INFORMATION 11 SUBMISSION REQUIREMENTS 14 EXHIBIT 1 PRICE PROPOSAL 17 EXHIBIT 2 HOLD HARMLESS AGREEMENT 19 EXHIBIT 3 DISCLOSURE STATEMENT 21 EXHIBIT 4 NON- COLLUSION CERTIFICATE 25 EXHIBIT 5 TAX ATTESTATION FORM 27 EXHIBIT 6 RESPONDENTS QUALIFICATIONS 29 EXHIBIT 7 DISBARMENT LETTER 31 EXHIBIT 8 ZONING BY-LAWS 33 EXHIBIT 9 ADDITIONAL INSTRUCTIONS 40 EXHIBIT 10 LEASE AGREEMENT 43 Exhibit 11 Certificate of Corporate Authority 53 Exhibit 12 Cell Tower Specifications 55 T O W N O F R E A D I N G P a g e | 4 THIS PAGE IS INTENTIONALLY BLANK T O W N O F R E A D I N G P a g e | 5 REQUEST FOR PROPOSALS #19-22 The TOWN OF READING (Town) invites sealed Proposals from Contractors for: LEASE OF MUNICIPAL REAL ESTATE FOR WIRELESS COMMUNICATION FACILITY Proposals will be received until: 1:00 p.m., December 16, 2019 at the TOWN CLERK’S OFFICE, Reading Town Hall, 16 Lowell Street, Reading, MA 01867. Proposals will not be accepted or corrected, modified or withdrawn after the deadline for Proposals. Following the deadline for Proposals, all Proposals received within the time specified will be publicly opened and read aloud. You may request Contract Documents from purchasing@ci.reading.ma.us or in person at the Reading Town Hall, PROCUREMENT OFFICE, 16 Lowell Street, Reading, MA 01867 after 9:00 a.m., November 13, 2019. Please note the Town Hall offices are closed on Fridays. There will be no charge for contract documents. Proposal surety is not required with this proposal. All Proposals must be submitted in the manner and form prescribed by the Request for Proposals which controls the award of the contract. All Proposals shall be submitted as one (1) ORIGINAL and two (2) PAPER COPIES. The term of the awarded lease shall extend from the date of execution through June 30, 2040. The maximum possible term of the lease is twenty (20) years. All Proposals are subject to the provisions of M.G.L. c.30B, §16. It is the sole responsibility of the contractor to ensure they have received any and all addenda prior to the opening of proposals. The Town will reject any and all Proposals in accordance with the above referenced General Laws. In addition, the Town reserves the right to waive minor informalities in any or all Proposals, or to reject any or all Proposals (in whole or in part) if it be in the public interest to do so. T O W N O F R E A D I N G P a g e | 6 THIS PAGE IS INTENTIONALLY BLANK T O W N O F R E A D I N G P a g e | 7 SUMMARY The Town of Reading owns an elevated water storage tank located at 0 Auburn Street, Map 27 Parcel 362. The tank currently houses apparatus for three wireless cell providers (AT&T, Sprint and T-Mobile) as well as antennas for the Police and Fire Departments located within the Town. The existing water storage tank needs to be decommissioned and a new tank will be constructed at the same location and foot print. The Town goal is to have a temporary cell tower built on the same parcel of land adjacent to the existing water tank by one of the proposers responding to this RFP until the new water storage tank project is complete. In order to decommission the existing tank a number of steps must be followed: First, is to issue this request for proposals (RFP) in order to receive proposals from responsible cell service vendors that are capable of building a temporary wireless communication facility to house the existing lease holders of the existing water tank onto a new temporary cell tower and/or to co-locate on the temporary cell tower and ultimately the new water storage tank. Then the current cell service providers located on the existing water tank and town will move their existing equipment onto the proposed facility. The expectation is that the temporary cell tower facility will need to remain on the site for two years. Once the antennas and supporting equipment have been removed from the old water tank and placed on the temporary cell tower, the Town will decommission the old tank and begin construction on the new water storage tank. The goal is to build the new water storage tank with the capacity to house 4 cellular service providers and the towns emergency antennas. The town antennas and cell providers responding to this RFP will relocate to the new storage tank and the temporary cell tower will be decommissioned closing the project. T O W N O F R E A D I N G P a g e | 8 THIS PAGE IS INTENTIONALLY BLANK T O W N O F R E A D I N G P a g e | 9 INSTRUCTIONS TO RESPONDENTS The TOWN OF READING, Massachusetts, acting by and through its Chief Procurement Officer (hereinafter the “Town”), is seeking lessee Proposals for the lease of a portion of the property owned by the Town of Reading (the “Town”), for the purpose of construction of a new temporary communications facility, and operation of the facility to support wireless communications activities for the property located at 0 Auburn Street. This Request for Proposals (RFP) is made pursuant to Massachusetts General Laws, Chapter 30B and, in particular, Section 16, pertaining to the disposition of an interest in real property. The Town of Reading seeks to award a lease for a portion of the property described as Assessors Map 27 Parcel 362, and located at 0 Auburn Street, consisting of approximately 36,631+/- SF) for the siting and construction of a new temporary telecommunications facility, and the operations of this facility to support wireless communications activities. The successful Proposer will be required to allow co-location with other cell providers and the Town’s public safety antennas. The Lessee(s) shall have installed communications equipment of the types and frequencies that will not cause “measurable interference” as defined by the Federal Communications Commission (FCC) to present or future municipal communications equipment, other carriers, or to residents of the Town of Reading, MA. In the event that the Lessee’s equipment causes such interference, the lessee shall correct and eliminate such interference within thirty (30) days of written notification from the Town. All costs associated with plan review and approval, and work inspection and acceptance as to compliance with the approved plans shall be borne by the Lessee proposing to build the temporary cell tower. The successful Lessee(s) shall not assign this contract or any interest therein, without the prior written consent of the Town. The Lessee proposing to build the temporary tower shall have responsibility for all utility costs for the antennas and associated apparatus and pay all costs associated with the installation, maintenance, insurance and demolition at the end of the lease term of the equipment and employees or contractors during construction and throughout the duration of the lease. The Lessee proposing to build the temporary tower shall be responsible for obtaining and maintaining all required permits. All work must be performed in a good and workmanlike manner, and in a manner that will not adversely affect the property or any existing structure on the property or cause any other damage to the Town’s property or structures. The Lessee(s) shall be responsible for the removal of all personal property 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. If the Town elects not to require the 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 Town by appropriate written documentation. T O W N O F R E A D I N G P a g e | 10 The Lessee proposing to build the cell tower shall furnish a bond in the amount of $50,000 to provide for the removal of equipment upon the termination of the lease. The Lessee(s) shall maintain at all times during the term of the lease agreement or any extension thereof, at its own expense and cost, commercial general liability insurance for injury to persons or damage to property insuring Lessee and Lessor as an additional insured against claims of liability arising out of the Lessee’s use or occupancy of the leased premises. Such insurance shall provide in the amount of five million dollars ($5,000,000) per occurrence and in the aggregate and shall be issued by a responsible company qualified to do business in Massachusetts and in good standing therein. The Lessee proposing to build the cell tower shall be responsible for making any necessary returns for and paying all real estate and personal property taxes levied against the improvements constructed by the Lessee on the leased premises. T O W N O F R E A D I N G P a g e | 11 GENERAL INFORMATION SITE INSPECTIONS, TESTING 1. The Town makes no representations of any kind with respect to the site, its adequacy to support the equipment, or the appropriateness of its use as a site for wireless communication equipment. Each respondent will be responsible for determining the adequacy of the Licensed Premises to support the respondent’s equipment and the suitability of the site for use as a wireless communication equipment site. Interested parties will be permitted to inspect the Town’s plans, specifications and other records relating to the site and will have access to the site to make inspections, perform engineering surveys and tests at their own expense, subject to prior approval of the Town and further subject to the rights of existing lessees with regard to the security of their facilities. 2. Interested respondents will be able to schedule appointments to conduct testing at the Licensed Premises, please contact Ryan Percival, TOWN OF READING, Engineering Department at (781) 942-6690. 3. Insurance: A certificate of insurance must be provided to the TOWN OF READING no less than two (2) business days in advance of the scheduled date of testing. The certificate of insurance should provide evidence of the following coverages: General Liability of at least $1,000,000 Bodily Injury and Property Damage Liability, Combined Single Limit with a $3,000,000 Annual Aggregate Limit. Automobile Liability of at least $1,000,000 Bodily Injury and Property Damage per accident. The Town should be named as an "Additional Insured". Umbrella Liability of at least $2,000,000/ occurrence, $2,000,000/aggregate. The Town should be named as an Additional Insured. Workers Compensation and Employer’s Liability in amounts as required by Massachusetts General Laws. The insurance certificate must also state the dates of coverage and the location to which the coverage applies. Persons and/or companies conducting site tests will also be required to execute a hold harmless and indemnification form and certificate of corporate authority, copies of which are attached hereto as EXHIBIT 2 and EXHIBIT 11, respectively. KEY TERMS 4. Compliance with Instructions. All Proposals shall be submitted in accordance with the Instructions. 5. Number of Copies. Interested parties are invited to deliver one original and two (2) copies of the proposal. T O W N O F R E A D I N G P a g e | 12 6. Form of Proposals. Proposals should be clearly marked as provided in the Instructions. They shall be in the form of the Proposal Form attached as EXHIBIT 1 and should include the annual rent. Respondents are requested to submit escalating rent such that rental payments increase each year during the lease term by an amount to be specified by the respondent in its proposal, which should reflect compounding annually. 7. Responsive. Each proposal must satisfy all of the Submission Requirements in order to be considered for an award. A proposal which does not include all of the Submission Requirements may be rejected as non-responsive. 8. Award of Lease. The award of a lease, if any, for the site will be made with up to four contracts awarded: the first awarded lease will require the lessee to build the tower and will waive rent for that lessee for the first five years of the lease term; the remaining four awarded leases will permit lessees to co-locate on the tower and will require rent for the entire term. 9. Special Permit. Administrative Site Plan Review, Building Permit and Select Board Approval of Leases. The award of a lease for the use of “Licensed Premises” is subject to the Administrative Site Plan Review. Other or different permitting requirements also may apply depending upon whether a respondent already occupies the space covered by this RFP. 10. Amendments. The Town reserves the right to amend this Request for Proposals at any time by written notice to each respondent prior to the deadline for submission of Proposals, and to reject any and all Proposals received, as determined to be in the best interests of the Town. 11. Respondent’s Obligations in Submitting a Proposal. Submission of a proposal shall be conclusive evidence that the respondent has examined the site and the RFP documents and is familiar with all the conditions of the proposed lease(s). Upon finding any omissions or discrepancy in the RFP documents, the respondent shall notify the Chief Procurement Officer immediately so that any necessary addenda may be issued. Failure of the respondent to completely investigate the site and/or to be thoroughly familiar with the RFP documents (including plans, specifications and all addenda) shall in no way relieve him or her from any obligation with respect to the proposal. 12. Proprietary Information. All Proposals shall be deemed to be public records within the meaning of Massachusetts General Laws Chapter 4, §7 (26). If a respondent believes that the RFP requires the disclosure of technical, proprietary, or trade secret information that the respondent is not willing to make public, it may submit such information in a separate envelope, clearly marked, which will be returned to the respondent following the award of Proposals. No part of a proposal involving the amount of rental income that the respondent is willing to pay may be designated as confidential. 13. Permits & Licenses. Final award of a lease is contingent upon the respondent's demonstration of compliance with all federal, state and local laws, rules and regulations and obtaining any and all required permits and licenses. 14. Price Adjustments for Structural Steel and Reinforcing Steel. Respondents proposing to construct the tower shall provide with their response the respondent’s assumed base price of T O W N O F R E A D I N G P a g e | 13 structural steel and reinforcing steel. Provided that such base price of structural steel and reinforcing steel is, in the opinion of the Town, a reasonable price, the Town will consider a rent adjustment in the following circumstances: in the event that the actual cost of structural steel and/or reinforcing steel is more than 10% higher than respondent’s base price, the Town may adjust the lessee’s rent, up to a maximum of 25%, to account for the unanticipated increase in the cost of such steel. T O W N O F R E A D I N G P a g e | 14 PROPOSAL SUBMISSION REQUIREMENTS: Each respondent must submit the following information as part of its proposal: The following forms completed in full. EXHIBIT 1 Price Proposal Form EXHIBIT 2 Hold Harmless Agreement EXHIBIT 3 Disclosure of beneficial interest in real property EXHIBIT 4 Non-Collusion Certificate EXHIBIT 5 Tax Attestation Form EXHIBIT 6 Respondents Qualifications EXHIBIT 7 Debarment Letter ____ A Letter of Transmittal signed by the individual authorized to negotiate for and contractually bind the respondent, stating that the offer is effective for at least one hundred and twenty (120) calendar days from the submission of Proposals, or until it is formally withdrawn, or a lease is executed, or this RFP is cancelled, whichever occurs first. ____ A description of the facility the respondent intends to install, including (1) a plan showing the location of the facility, (2) a description of other structures necessary to support or contain the equipment, including (a) a list of the proposed equipment to be installed, (b) any utility or telecommunication wires or services needed to operate the facility, and (c) any security structures proposed. Detailed plans and specifications for the proposed facility are not required. If a respondent is an existing lessee that is bidding on space that it currently occupies, the description should cover bot h the existing facility and any changes planned as of the inception of a new lease. ____ A statement of intent to comply with the Zoning By-law of the TOWN OF READING, " 5.6.3 Personal Wireless Service Facilities (PWSFs)" and other applicable law regarding the siting of its facilities. ____ A list of the locations of all wireless communication facilities the respondent has installed on municipal or state-owned property in Massachusetts over the past three (3) years, and the name, address and telephone number of the owner of the site(s). If the respondent has not yet installed facilities in Massachusetts, it may provide information about sites of comparable facilities which it has installed in other states. ____ A list of all municipalities and public bodies in Massachusetts where the respondent has either sought permission to install a wireless communication facility in the past three years, or is presently T O W N O F R E A D I N G P a g e | 15 engaged in negotiating or has in the last three (3) years negotiated for a lease or permission to use a site for installation of such a facility. ____ A copy of the respondent’s RF Exposure compliance manual or written practices, including RF measurement testing practices, safety procedures, employee training, RF exposure mitigation measures (warning signs, barriers, personal monitors, other), materials provided to premises owners, and procedures for coordination with other wireless carriers where multiple carriers have wireless facilities at locations such as building rooftops. SUMMARY OF KEY LEASE AGREEMENT PROVISIONS: 1. The lessee shall not be permitted to begin construction or installation of equipment before executing a Lease Agreement in substantially the form of EXHIBIT 10 and obtaining all necessary permits and approvals as further provided in this RFP. 2. The term of the Lease shall be 20 years commencing on the date of execution of a Lease Agreement. The lease agreement is contingent upon town meeting approval. 3. Rental payments due under the Lease Agreement shall increase each year during the initial Lease Agreement term and shall increase each year during each of the renewal terms, if exercised, by an amount to be specified by the lessee in the proposal. Rent shall be payable annually in advance. 4. The lessee shall maintain insurance satisfactory to the Town covering the facility as required in the Lease Agreement and shall hold harmless and indemnify the Town for any damages arising from construction or use of the facility. 5. The Town or agents of the Town may, at reasonable times, upon reasonable prior notice to the lessee, enter to view the Licensed Premises. In the event of an emergency or perceived emergency, the Town may enter to make repairs or to inspect without prior notice to the lessee. Annually, the Town shall conduct an inspection of the Licensed Premises. 6. The lessee shall have a right of access to the Licensed Premises 24 hours a day, 7 days per week for emergencies. Routine maintenance / upgrades will be performed Monday thru Friday 7 a.m. to 3:00 pm. 7. The lessee shall be responsible for making any necessary returns for and paying any and all other property taxes separately levied or assessed against the improvements constructed b y the lessee on the Licensed Premises. 8. The lessee agrees and shall ensure that the installation of its equipment and its use will not interfere with the use of the Town's property for any purpose for which the site is being used at the commencement of the Lease. The lessee shall also agree that its use of the site will not interfere with use of the site for wireless communication equipment by the Town or by other lessees and will make such changes or modifications to its equipment as may be required by the Town to eliminate or minimize such interference; provided, however, that any lessee of the site shall be entitled to be T O W N O F R E A D I N G P a g e | 16 reimbursed by a subsequent lessee for any costs incurred in relocating or modifying its equipment to eliminate interference with equipment installed by such subsequent lessee. 9. The lessee shall obtain all permits, licenses, and approvals, (collectively, "permits"), from the United States, the Commonwealth of Massachusetts, and the Town which are necessary for the location, installation and operation of its wireless facilities. The award of a lease pursuant to this RFP shall be expressly contingent upon the lessee's ability to obtain all such required permits. The lessee shall furnish the Town with copies of such permits before commencing construction or installation of equipment at the site, provided, however, that in the case of a permit that cannot be obtained until a lease for the site has been awarded, then the lessee may present a copy of such permit as soon as practicable, and, in any event, before commencing operation at the site. Without limiting the foregoing, this RFP does not represent approval or exemption of the facility from the Town's building or zoning ordinances and the lessee is responsible for obtaining all necessary permits thereunder. The lessee shall comply with all statutes, regulations and ordinances relating to the maintenance and operation of the facility. 10. At the end of the Lease period, the lessee shall remove all personal property 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. If the Town 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 Town by appropriate written documentation. 11. The lessee shall have a separate power meter installed for its electric service and the lessee shall pay all costs related to said electrical service. The cost of obtaining and maintaining such electric service to the Licensed Premises shall be paid by the lessee. The Town shall cooperate with the lessee in any effort by the lessee to obtain such electric service as may be necessary in connection with the operation of lessee's wireless communication equipment. 12. The lessee shall comply with all state and federal laws regarding radio frequency radiation emissions, testing in multi carrier environments, disclosures, safety measures and mitigation measures as related to controlled and uncontrolled areas, as defined by the FCC. The lessee shall cooperate with the Town to develop, together with other wireless lessees, a joint plan for compliance with RF exposure standards and safety measures. T O W N O F R E A D I N G P a g e | 17 EXHIBIT 1 PRICE PROPOSAL FORM OPTION 1 I propose to build the temporary cell tower, in addition, beginning year 6 I propose annual rent payment of: DOLLARS ($ ). (in Words) My proposed annual rent payment is based on the following assumed price for structural steel and reinforcing steel: Structural Steel DOLLARS ($ ). (in Words) Reinforcing Steel DOLLARS ($ ). (in Words) OPTION 2 I propose annual rent payment beginning year 1 (date) of in order to collocate on the proposed structures: DOLLARS ($ ). (in Words) Respondent acknowledges the following Addenda , , ,. RESPONDENT: Date _____________ _______________________________________ (Signature) _______________________________________ (Printed Name and Title of Signatory) _______________________________________ (Business Address) _______________________________________ (Town, State Zip) _______________________________________ (Telephone & FAX) _______________________________________ (E-mail address) NOTE: If the respondent is a corporation, indicate state of incorporation under signature, and affix corporate seal; if a partnership, give full names and residential addresses of all partners; if an individual, give residential address if different from business address; and, if operating as a d/b/a give full legal identity. Attach additional pages as necessary. T O W N O F R E A D I N G P a g e | 18 THIS PAGE IS INTENTIONALLY BLANK T O W N O F R E A D I N G P a g e | 19 EXHIBIT 2 HOLD HARMLESS AGREEMENT _______________________________________________(hereinafter "the Company") shall indemnify, defend and hold harmless the TOWN OF READING, and its officers, boards, committees, and employees, from and against any and all claims, suits, actions, legal or administrative proceedings, damages, liabilities, attorney fees, costs, and expenses arising from the act(s) or omissions(s) of the Company, or anyone acting under its direction, control or on its behalf in connection with the site visit and inspection being performed at _____________________(one of the Town owned parcels) on (date) and from (hours of site view.) The foregoing indemnity and hold harmless agreement shall not apply to any liability caused by the acts, omissions, fault or negligence of the TOWN OF READING or anyone acting under its direction, control or its behalf. NAME OF COMPANY _____________________________________________________________________________________ (Signature) (date) ______________________________________________________________________________________ Name and title of person signing (please type or print) T O W N O F R E A D I N G P a g e | 20 THIS PAGE IS INTENTIONALLY BLANK T O W N O F R E A D I N G P a g e | 21 EXHIBIT 3 DISCLOSURE STATEMENT FOR TRANSACTION WITH A PUBLIC AGENCY CONCERNING REAL PROPERTY M.G.L. c. 7C, s. 38 (formerly M.G.L. c. 7, s. 40J) INSTRUCTION SHEET NOTE: The Division of Capital Asset Management and Maintenance (DCAMM) shall have no responsibility for insuring that the Disclosure Statement has been properly completed as required by law. Acceptance by DCAMM of a Disclosure Statement for filing does not constitute DCAMM’s approval of this Disclosure Statement or the information contained therein. Please carefully read M.G.L. c. 7C, s. 38 which is reprinted in Section 8 of this Disclosure Statement. Section (1): Identify the real property, including its street address, and city or town. If there is no street address then identify the property in some other manner such as the nearest cross street and its tax assessors’ parcel number. Section (2): Identify the type of transaction to which this Disclosure Statement pertains --such as a sale, purchase, lease, etc. Section (3): Insert the exact legal name of the Public Agency participating in this Transaction with the Disclosing Party. The Public Agency may be a Department of the Commonwealth of Massachusetts, or some other public entity. Please do not abbreviate. Section (4): Insert the exact legal name of the Disclosing Party. Indicate whether the Disclosing Party is an individual, tenants in common, tenants by the entirety, corporation, general partnership, limited partnership, LLC, or other entity. If the Disclosing Party is the trustees of a trust then identify the trustees by name, indicate that they are trustees, and add the name of the trust. Section (5): Indicate the role of the Disclosing Party in the transaction by checking one of the blanks. If the Disclosing Party’s role in the transaction is not covered by one of the listed roles then describe the role in words. Section (6): List the names and addresses of every legal entity and every natural person that has or will have a direct or indirect beneficial interest in the real property. The only exceptions are those stated in the first paragraph of the statute that is reprinted in Section 8 of this Disclosure Statement. If the Disclosing Party is another public entity such as a city or town, insert “inhabitants of the (name of public entity).” If the Disclosing Party is a non-profit with no individual persons having any beneficial interest then indicate the purpose or type of the non-profit entity. If additional space is needed, please attach a separate sheet and incorporate it by reference into Section 6. Section (7): Check “NONE” in the box if none of the persons mentioned in Section 6 is employed by DCAMM or an official elected to public office in the Commonwealth of Massachusetts. Otherwise list any parties disclosed in Section 6 that are employees of DCAMM or an official elected to public office. Section (8): The individual signing this statement on behalf of the Disclosing Party acknowledges that he/she has read the included provisions of Chapter 7C, Section 38 (formerly Chapter 7, Section 40J) of the General Laws of Massachusetts. Section (9): Make sure that this Disclosure Statement is signed by all required parties. If the Disclosing Party is a corporation, please make sure that this Disclosure Statement is signed by a duly authorized officer of the corporation as required by the statute reprinted in Section 8 of this Disclosure Statement. T O W N O F R E A D I N G P a g e | 22 DCAMM’s acceptance of a statement for filing does not signify any opinion by DCAMM that the statement complies with applicable law. This completed and signed Disclosure Statement should be mailed or otherwise delivered to: Deputy Commissioner for Real Estate Division of Capital Asset Management and Maintenance One Ashburton Place, 15th Floor, Boston, MA 02108 T O W N O F R E A D I N G P a g e | 23 The undersigned party to a real property transaction with a public agency hereby discloses and certifies, under pains and penalties of perjury, the following information as required by law: (1) REAL PROPERTY: (2) TYPE OF TRANSACTION, AGREEMENT, or DOCUMENT: (3) PUBLIC AGENCY PARTICIPATING in TRANSACTION: (4) DISCLOSING PARTY’S NAME AND TYPE OF ENTITY: (5) ROLE OF DISCLOSING PARTY (Check appropriate role): _____Lessor/Landlord _____Lessee/Tenant _____Seller/Grantor _____Buyer/Grantee _____Other (Please describe): _______________________________________ (6) The names and addresses of all persons and individuals who have or will have a direct or indirect beneficial interest in the real property excluding only 1) a stockholder of a corporation the stock of which is listed for sale to the general public with the securities and exchange commission, if such stockholder holds less than ten per cent of the outstanding stock entitled to vote at the annual meeting of such corporation or 2) an owner of a time share that has an interest in a leasehold condominium meeting all of the conditions specified in M.G.L. c. 7C, s. 38, are hereby disclosed as follows (attach additional pages if necessary): NAME RESIDENCE (7) None of the above- named persons is an employee of the Division of Capital Asset Management and Maintenance or an official elected to public office in the Commonwealth of Massachusetts, except as listed below (Check “NONE” if NONE): NONE NAME: POSITION: T O W N O F R E A D I N G P a g e | 24 (8) The individual signing this statement on behalf of the above-named party acknowledges that he/she has read the following provisions of Chapter 7C, Section 38 (formerly Chapter 7, Section 40J) of the General Laws of Massachusetts: No agreement to rent or to sell real property to or to rent or purchase real property from a public agency, and no renewal or extension of such agreement, shall be valid and no payment shall be made to the lessor or seller of such property unless a statement, signed, under the penalties of perjury, has been filed by the lessor, lessee, seller or purchaser, and in the case of a corporation by a duly authorized officer thereof giving the true names and addresses of all persons who have or will have a direct or indirect beneficial interest in said property with the commissioner of capital asset management and maintenance. The provisions of this section shall not apply to any stockholder of a corporation the stock of which is listed for sale to the general public with the securities and exchange commission, if such stockholder holds less than ten per cent of the outstanding stock entitled to vote at the annual meeting of such corporation. In the case of an agreement to rent property from a public agency where the lessee’s interest is held by the organization of unit owners of a leasehold condominium created under chapter one hundred and eighty-three A, and time-shares are created in the leasehold condominium under chapter one hundred and eighty-three B, the provisions of this section shall not apply to an owner of a time-share in the leasehold condominium who (i) acquires the time-share on or after a bona fide arms length transfer of such time-share made after the rental agreement with the public agency is executed and (ii) who holds less than three percent of the votes entitled to vote at the annual meeting of such organization of unit owners. A disclosure statement shall also be made in writing, under penalty of perjury, during the term of a rental agreement in case of any change of interest in such property, as provided for above, within thirty days of such change. Any official elected to public office in the commonwealth, or any employee of the division of capital asset management and maintenance disclosing beneficial interest in real property pursuant to this section, shall identify his position as part of the disclosure statement. The commissioner shall notify the state ethics commission of such names, and shall make copies of any and all disclosure statements received available to the state ethics commission upon request. The commissioner shall keep a copy of each disclosure statement received available for public inspection during regular business hours. (9) This Disclosure Statement is hereby signed under penalties of perjury. _______________________________________________________________________________ PRINT NAME OF DISCLOSING PARTY (from Section 4, above) _______________________________________________________________________________ AUTHORIZED SIGNATURE of DISCLOSING PARTY DATE (MM / DD / YYYY) _______________________________________________________________________________ PRINT NAME & TITLE of AUTHORIZED SIGNER T O W N O F R E A D I N G P a g e | 25 EXHIBIT 4 NON-COLLUSION CERTIFICATE 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 ______________________________________________________________________________ Name of Business Entity ______________________________________________________________________________ Signature Date T O W N O F R E A D I N G P a g e | 26 THIS PAGE IS INTENTIONALLY BLANK T O W N O F R E A D I N G P a g e | 27 EXHIBIT 5 TAX ATTESTATION FORM Pursuant to M.G.L. c.62C, §49A and requirements of the Town, the undersigned acting on behalf of the Contractor certifies under the penalties of perjury that the Contractor is in compliance with all laws of the Commonwealth relating to taxes including payment of all local taxes, fees, assessments, betterments and any other local or municipal charges (unless the Contractor has a pending abatement application or has entered into a payment agreement with the entity to which such charges were owed), reporting of employees and contractors, and withholding and remitting child support.* ___________________________________ _____________________________________ **Signature of Individual *** Contractor's Social Security Number or Corporate Contractor (Mandatory) (Voluntary) or Federal Identification Number Print Name:__________________________________________________________________ By: _________________________________ Date: _______________________________ Corporate Officer (Mandatory, if applicable) Print Name:__________________________________________________________________ * The provision in this Certification relating to child support applies only when the Contractor is an individual. ** Approval of a contract or other agreement will not be granted until the Town receives a signed copy of this Certification. *** Your social security number may 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-filing or delinquency will not have a contract or other agreement issued, renewed, or extended. T O W N O F R E A D I N G P a g e | 28 THIS PAGE IS INTENTIONALLY BLANK T O W N O F R E A D I N G P a g e | 29 EXHIBIT 6 RESPONDENT'S QUALIFICATIONS All questions must be answered, and the data given must be clear and comprehensive. Please type or print legibly. If necessary, add additional sheet for starred items. This information will be utilized by the TOWN OF READING for purposes of determining respondent responsiveness and responsibility with regard to the requirements and specifications of the Contract. 1. FIRM NAME: _____________________________________________________________________ 2. WHEN ORGANIZED: _________________________________________________________ 3 INCORPORATED? ___ YES ___ NO DATE AND STATE OF INCORPORATION: _________ 4. IS YOUR BUSINESS A MBE? __YES __ NO WBE? __ YES __ NO or MWBE? ___ YES ___NO * 5. LIST AT LEAST ONTRACTS CURRENTLY ON HAND, SHOWING CONTRACT AMOUNT AND ANTICIPATED DATE OFCOMPLETION: ________________________________________________________________________ _______________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ * 6. HAVE YOU EVER FAILED TO COMPLETE A CONTRACT AWARDED TO YOU? ______ YES ______ NO IF YES, WHERE AND WHY? ________________________________________________________________________ ________________________________________________________________________ * 7. HAVE YOU EVER DEFAULTED ON A CONTRACT? ___ YES ___ NO IF YES, PROVIDE DETAILS. ________________________________________________________________________ ________________________________________________________________________ * 8. IN THE SPACES FOLLOWING, PROVIDE INFORMATION REGARDING CONTRACTS COMPLETED BY YOUR FIRM SIMILAR IN NATURE TO THE PROJECT BEING BID. A MINIMUM OF FOUR (4) CONTRACTS SHALL BE LISTED. PUBLICLY BID CONTRACTS ARE PREFERRED, BUT NOT MANDATORY. PROJECT NAME: _______________________________________________________________ OWNER: _____________________________________________________________________ TOWN/STATE: _______________________________________________________________ DOLLAR AMOUNT: $ ________________________ DATE COMPLETED: _______________ PUBLICLY BID? ____ YES ___ NO T O W N O F R E A D I N G P a g e | 30 TYPE OF WORK?: _______________________________________________________________ CONTACT PERSON: ________________________ TELEPHONE #:(____)______________ CONTACT PERSON'S RELATION TO PROJECT?: _________________________________ (i.e., contract manager, purchasing agent, etc.) ________________________________________________________________________ PROJECT NAME: _______________________________________________________________ OWNER: _____________________________________________________________________ TOWN/STATE: _______________________________________________________________ DOLLAR AMOUNT: $ ________________________ DATE COMPLETED: _______________ PUBLICLY BID? ____ YES ___ NO TYPE OF WORK?: _______________________________________________________________ CONTACT PERSON: ________________________ TELEPHONE #:(____)______________ CONTACT PERSON'S RELATION TO PROJECT?: _________________________________ (i.e., contract manager, purchasing agent, etc.) ________________________________________________________________________ PROJECT NAME: _______________________________________________________________ OWNER: _____________________________________________________________________ TOWN/STATE: _______________________________________________________________ DOLLAR AMOUNT: $ ________________________ DATE COMPLETED: _______________ PUBLICLY BID? ____ YES ___ NO TYPE OF WORK?: _______________________________________________________________ CONTACT PERSON: ________________________ TELEPHONE #:(____)______________ CONTACT PERSON'S RELATION TO PROJECT?: _________________________________ (i.e., contract manager, purchasing agent, etc.) ________________________________________________________________________ 10. The undersigned certifies that the information contained herein is complete and accurate and hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the TOWN OF READING in verification of the recitals comprising this statement of Respondent's qualifications and experience. DATE: ____________ RESPONDENT: _________________________________ SIGNATURE: ____________________________________________ PRINTED NAME: ____________________________________ TITLE: ___________ T O W N O F R E A D I N G P a g e | 31 EXHIBIT 7 DEBARMENT LETTER Date: ______________________________________________________________________________ Vendor: ______________________________________________________________________________ Re: Debarment Letter for Request for Proposals #19-22 As a potential vendor on the above contract, the Town requires that you provide a debarment/suspension certification indicating that you are in compliance with the below Federal Executive Order. Certification can be done by completing and signing this form. Debarment: Federal Executive Order (E.O.) 12549 “Debarment and Suspension” requires that all contractors receiving individual awards, using federal funds, and all sub-recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. I hereby certify under pains and penalties of perjury that neither I nor any principal(s) of the Company identified below is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. NAME: ___________________________________________________________________ COMPANY: ___________________________________________________________ ADDRESS: __________________________________________________________________ CITY, STATE, ZIP CODE: _______________________________________________________ PHONE: ________________________________ FAX ______________________________ EMAIL: ___________________________________________________________________ ______________________________________________________________________________ SIGNATURE DATE T O W N O F R E A D I N G P a g e | 32 THIS PAGE IS INTENTIONALLY BLANK T O W N O F R E A D I N G P a g e | 33 EXHIBIT 8 Town of Reading Zoning Bylaw Use Regulations 5.6.3 Personal Wireless Service Facilities (PWSFs) Applicability: No PWSF shall be erected, installed or modified except upon issuance of a special permit in compliance with the provisions of this bylaw and all other applicable bylaw approvals and regulations, whether the PWSF is considered a principal use or an accessory use. 5.6.3.1 Preferences—Siting and Facility Type A PWSF Siting: A PWSF may be permitted within any district by Special Permit, subject to the purposes and standards established in this bylaw. The following list of allowable PWSF Locations is presented in order of preference. 1 First Preference: A site located entirely within an Interstate Highway right-of-way. 2 Second Preference: A site located entirely within an Industrial zoning district. 3 Third Preference: A site located entirely within a Business (Bus A and Bus C) zoning district. 4 Fourth Preference: A site located within the Residential S-15, S-20, S-40, A-40, A-80 or within the Business B zoning districts. B PWSF Installation Types: The following list of PWSF Installation Types is presented in order of preference. 1 First Preference: The following PWSF Installation Types are of equal preference to one another: a PWSF Collocation: A new PWSF may Collocate on any existing PWSF to the extent that such Collocation is found by the CPDC to be consistent with the purposes and standards established in this bylaw. b PWSF on Existing Electrical Utility Infrastructure: A PWSF may Collocate on existing electrical utility infrastructure such as utility poles or streetlights using unobtrusive architectures such as Distributed Antenna Systems (DAS). With respect to the use of utility poles, Collocation on existing electrical utility poles (and replacements thereof) is preferred above the installation of new electrical utility poles in public/private ways. In neighborhoods with underground electrical utilities, pole-mounted PWSF on existing electrical utility infrastructure are discouraged in favor of less visually obtrusive alternatives, such as placing a small antenna installation on existing electrical utility poles on a nearby street. c Other Implementations: A PWSF may be located using innovative alternatives that are in keeping with the purpose and intent of this Bylaw and that may become available after the adoption of this Bylaw. 2 Second Preference: PWSF Site Sharing. A new PWSF may share the same parcel with existing PWSFs, to the extent that such site-sharing is found by the CPDC to be consistent with the purposes and standards established in this bylaw. 3 Third Preference: A new PWSF installation on any existing structure, to the extent that such installation is found by the CPDC to be consistent with the purposes and standards established in this bylaw. 4 Fourth Preference: PWSF involving a new antenna tower. PWSFs which require the construction of a new antenna tower are least on the order of preference. T O W N O F R E A D I N G P a g e | 34 Zoning Bylaw - April 2018 5 Waiver of Preferences: The CPDC may waive the preference orders designated for siting and types of PWSF pursuant to Section 5.6.3.1.A upon a finding that the siting at a location of lesser preference, or the installation of a PWSF type of lesser preference, would achieve a result more consistent with the purposes and standards established in this bylaw. 5.6.3.2 General Special Permit Requirements A Use: PWSFs shall only be employed for the purpose of delivering wireless services to subscriber devices or supporting public safety communications, and shall not be used for storage, office, manufacturing, repair, or other activities unless separately permitted for such other activities. B Demonstration of need: 1 Need for service. The applicant must demonstrate the service objectives in the Town of Reading that the proposed PWSF will address in whole or in part. Such demonstration shall include: a Substantial written evidence including technical documentation demonstrating that there is a substantial deficiency in the applicant’s provision of service to the Town of Reading which fails to satisfy the service objectives; b detailed information about all existing and pending PWSFs regardless of ownership, control or the jurisdiction in which they are located, and associated coverage maps; c information about terrain, vegetation and land use within the proposed coverage area; d estimates with supporting documentation of the number of mobile and stationary subscribers affected by the claimed substantial deficiency; e network performance factors; and f other information relevant to the Applicant’s service objectives, or as may be required by the CPDC. 2 Need for location. The applicant must provide substantial written evidence including clear documentation showing how the improved service to the Town of Reading that applicant seeks could not be provided by utilizing one or more alternative locations of higher preference as described in Section 5.6.3.1.A or, alternatively, how the proposed PWSF achieves a better result as described in Section 5.6.3.4.C. 3 Availability of alternatives. The CPDC, at its discretion, may require the applicant to consider specific potential alternatives at any level of the hierarchy in Section 5.6.3.1.A, if the CPDC determines that such locations may better achieve the purposes established in this bylaw. C Visual Guidelines: The construction, erection, installation and/or placement of all PWSF shall be reviewed by the CPDC within the public hearing process based on the following visual guidelines: 1 Concealment: To the maximum extent practicable, PWSFs shall conceal equipment, cables, and antennas within architectural surfaces that are ordinary and consistent with the context of the PWSF within the Town of Reading environs, such as steeples, concealed-antenna monopoles, flagpoles, smokestacks, faux chimneys and cupolas. T O W N O F R E A D I N G P a g e | 35 2 Screening, Camouflage and Landscaping: Wherever possible, PWSF shall be sited so as to minimize the visibility of such devices from adjacent property and shall be suitably screened from abutters and residential neighborhoods. Where elements of a PWSF will be visible to residential parcels and public or private ways, PWSFs shall employ screening and/or camouflage methods that are consistent with the context of the surrounding area such as fencing, vegetation, and paint color or patterns to match underlying surfaces in order to mitigate any undesirable visual bulk and distraction. Installation of free-standing PWSF shall minimize the removal of trees and other existing vegetation. 3 Scale: The visual characteristics of a PWSF shall be minimized with respect to being unreasonable in scale, such as a dominant or looming visual experience, disproportion to the site and its surroundings, or undesirable shadowing impacts. 4 Color: Free-standing, wall mounted and roof-mounted devices may be required to be painted or otherwise colored or finished in a manner which aesthetically minimizes the visual bulk of the devices to the surrounding landscape or on the building or structure to which they are attached. 5 Signs: There shall be no advertising permitted on or in the vicinity of PWSF. There shall be a sign not exceeding four square feet in area at each PWSF which shall display a phone number where the responsible party for the maintenance of the PWSF may be reached on a 24-hour basis. 6 Lighting: Outdoor lighting of PWSFs shall be limited to that which is necessary for security and temporary maintenance at the discretion of the CPDC. PWSFs that are required to be marked and lighted for air navigation safety are discouraged. 7 Maintenance: The visual characteristics of a PWSF shall be maintained, repaired and replaced as necessary and as an ongoing condition of compliance to retain the characteristics approved by issuance of a special permit. 8 Prohibitions: The following are specifically prohibited: a Lattice style antenna towers and facilities requiring three or more legs and/or guy wires for support; and b Fences utilizing razor wire or barbed wire or similar wire types. D Height: 1 Height General Regardless of the type of mount, a PWSF shall be no higher than ten feet above the average height of buildings within 300 feet of the proposed facility. In addition, the height of a PWSF shall not exceed by more than 10 feet the height limitations of the zoning district in which the facility is proposed to be located, unless the facility is completely camouflaged such as within a flagpole, steeple, chimney, or similar structure. Wireless service facilities may locate on a building that is legally non- conforming with respect to height, provided that the facilities do not project above the existing building height. 2. Height, Ground-Mounted Facilities Ground-mounted wireless service facilities shall not project higher than ten feet above the average building height or, if there are no buildings within 300 feet, these facilities shall not project higher than ten feet above the T O W N O F R E A D I N G P a g e | 36 average tree canopy height, measured from average grade level. If there are no buildings within 300 feet of the proposed site of the facility, all ground-mounted wireless service facilities shall be surrounded by dense tree growth to screen views of the facility in all directions. These trees may exist or may be planted on site. 3 Height, Side-and Roof-Mounted Facilities Side-and roof-mounted wireless service facilities shall not project more than ten (10) feet above the height of an existing building or structure nor project more than ten (10) feet above the height limit of the zoning district within which the facility is located. 4 Height, Preexistent Structures (Utility) New antennas located on any of the following structures existing on the effective date of this bylaw shall be exempt from the height restrictions of this bylaw provided that there is no increase in height of the existing structure as a result of the installation of a wireless service facility: Water towers, guyed towers, lattice towers, fire towers and monopoles. E Setbacks: All wireless service facilities and their equipment shelters shall comply with the building setback provisions of the zoning district in which the facility is located. In addition, the following setbacks shall be observed. 1 In order to ensure public safety, the minimum distance from the base of any ground-mounted wireless service facility to any property line, shall be 1.5 times the height of the facility/mount, including any antennas or other appurtenances. This set back is considered the “fall zone”. 2 In the event that a preexistent building or structure is proposed as a mount for a wireless service facility, the setback provisions of the zoning district shall apply. In the case of the preexistent non-conforming structures, wireless service facilities and their equipment shelters shall not increase any non-conformity. 3 Additional Required Setbacks: In all districts, PWSFs shall be placed no closer than 3 times the height of the Antenna above grade to an existing school, Child Care Facility, Nursing or Convalescent Home, or an Assisted Living Facility or any Residential Structure. F Security PWSF’s with a height of ten (10) feet or less or those on rooftops shall have provisions to prevent unauthorized persons from coming within five (5) feet thereof. 5.6.3.3 Application Procedures A Preliminary Review: Applicants are strongly encouraged to contact the Town Planner to initiate a dialogue well before final site selection and detailed application development. The Preliminary Review is intended to: 1 Provide the Applicant with the opportunity to discuss and clarify Zoning Bylaw requirements and CPDC Site Plan Review Guidelines and Regulations (adopted by the CPDC pursuant to Section 4.6.1.2) relevant to the Applicant’s prospective PWSF proposal; and T O W N O F R E A D I N G P a g e | 37 2 To review general concepts related to the PWSF and alternative means of implementation to determine the CPDC’s preferences. B Special Permit and Site Plan Approval: No PWSF, whether itself a principal use of a lot or as an accessory use to a communication facility, shall be constructed without a Special Permit having been granted by the CPDC. CPDC may grant a Special Permit in accordance with the provisions of this Section and Section 4.4. Nothing in this section is intended to exempt PWSF from the requirement to receive Site Plan Approval pursuant to Section 4.6. C Consultant Review: When considering an application for a PWSF, the CPDC may determine the need for the assistance of a consultant technical expert in matters involving the placement, construction, need for coverage and modification of PWSFs, under the Zoning Bylaw and the Telecommunications Act of 1996, at the Applicant’s expense pursuant to M.G.L chapter 44 section 53G. To make the most productive use of the limited time authorized by the Federal Communications Commission (FCC) to hear the application, the CPDC may at its discretion engage a consultant immediately upon receipt of an application. 5.6.3.4 Decision A Required Findings: To approve a Special Permit for a PWSF, the CPDC must make the following findings: 1 That the Applicant or co-Applicant has: a demonstrated that it is a Personal Wireless Services provider in the Town of Reading area, and has sufficient ownership or leasehold interest in the proposed site to construct the PWSF; b provided written assent to the Town that the Applicant will allow Site Sharing, to the extent reasonably practicable and that is appropriate for the site and surroundings, in a reasonable and nondiscriminatory manner; and c demonstrated that the construction, operation and maintenance of the proposed PWSF are consistent with applicable environmental regulations including, but not limited to, National Environmental Policy Act (NEPA) criteria and Wetland Protection regulations. 2 That the proposed PWSF (with conditions, if applicable): a is part of the orderly development of PWSFs in the Town of Reading, and will result in a substantial improvement in the provision of Personal Wireless Service in the Town of Reading; b is compatible with the Town of Reading’s character and is designed and screened in a manner that is sensitive to the surrounding neighborhood as well as the community at large; protects adjacent properties from unreasonable risks of PWSFs, to the extent permitted by law, including without limitation excessive noise levels, falling objects, fuel spills, and attractive nuisance; T O W N O F R E A D I N G P a g e | 38 c if the proposed PWSF will Site-Share with an existing PWSF(s), that such Site Sharing is found by the CPDC to be consistent with the purposes established in this bylaw; d conforms with the PWSF Location and PWSF Installation preferences of Section 5.6.3.1.B to the extent necessary to conform with the purposes established in this bylaw; e ensures that all radio frequency (RF) emissions shall comply with the FCC requirements codified in 47 CFR Section 1.1307 et seq as further interpreted by FCC Office of Engineering and Technology Bulletin 65, Evaluating Compliance with FCC Guidelines for Human Exposure to Radio Frequency Magnetic Fields, or any successor regulation or bulletin, as same may be amended from time to time. f if proposed as a new antenna tower, the Applicant has documented that no combination of one or more alternative Collocations and/or Site Sharing can substantially satisfy the Applicant’s coverage objectives; and present a substantially less detrimental impact on the Town of Reading. g satisfies the Purposes established by the Zoning Bylaw and, without limitation, the specific requirements and guidelines established in this bylaw; and h if applicable, that the existing vegetation will be preserved or improved; and i where applicable, that disturbance of the existing topography has been minimized or that proposed manipulation of vegetation and disturbance of topography results in a lesser visual impact. B Form of Decision: The CPDC shall act on a Special Permit request for the placement of a PWSF in accordance with M.G.L Chapter 40A Section 9 and may approve, approve with conditions, or deny an application. The Decision of the CPDC shall be timely, in writing and based upon substantial evidence in the written record. 1 Approval: Any approved Special Permit shall authorize specific PWS provider(s) and specific wireless service(s) to be operated by the Applicant(s) at the Antenna height(s) or positions specified in the application or approval document. 2 Approval with Conditions: The CPDC may impose conditions of approval as necessary to ensure that the purposes of this bylaw are achieved. For any condition that the CPDC establishes with reporting or monitoring requirements, including without limitation noise or radio frequency emissions, the CPDC shall seek the advice of an expert in the relevant field pursuant to Section 5.6.3.3.C to identify the least burdensome protocol that is consistent with a legitimate public purpose identified by the CPDC. 3 Denial: Any denial shall be in writing and supported by substantial evidence contained in the record as required by the Telecommunications Act of 1996. 4 Reconsideration pursuant to Telecommunications Act: If the CPDC fails to find in favor of all elements of Section 5.6.3.4.A, the CPDC shall reconsider the proposed PWSF in the context of the Telecommunications Act of 1996. To approve the Special Permit under this section, the CPDC must make the following findings: a That a significant gap exists in the coverage area of the proposed PWSF, which significant gap is not necessarily equivalent to the lack of the Applicant’s stated coverage objectives; T O W N O F R E A D I N G P a g e | 39 b That there are no viable alternatives involving one or more PWSFs to serve the significant gap; c That not granting a Special Permit for the proposed PWSF (including conditions, if any) would effectively prohibit the provision of personal wireless services; C Waivers: The CPDC may at its discretion authorize waivers in the Special Permit Approval with respect to the orders of preference in Section 5.6.3.1A and 5.6.3.1.B, and any dimensional or other requirements of Section 6.6.3.2.D and 5.6.3.2.E upon a finding that such waiver will achieve better results consistent with the purposes and standards established in this Section 5.6.3. 5.6.3.5 Removal of abandoned antenna towers and PWSFs: Any PWSF antenna tower, PWSF Communications Device, or PWSF that is not commercially operated for a continuous period of twelve (12) months shall be considered abandoned, and the owner of such antenna tower, PWSF Communications Device, or PWSF shall remove same within ninety (90) days of receipt of notice from the Town notifying the owner of such abandonment. If such tower or facility is not removed within said ninety (90) days, the Town may cause such tower or facility to be removed at the owner’s expense. If there are two or more users of a single tower, the height may be reduced to that required by the remaining user(s). If the permit holder for the tower ceases operation, the remaining users may be required to apply for a new Special Permit. T O W N O F R E A D I N G P a g e | 40 EXHIBIT 9 ADDITIONAL INSTRUCTIONS TO RESPONDENTS ARTICLE 1 - RESPONDENT'S REPRESENTATION 1.1 Each Respondent (hereinafter called the "Respondent") by submitting a proposal (hereinafter called "proposal") represents that it has read and understands the RFP, Contract Forms, Conditions of the Contract, General Requirements and/or Project Specifications, as applicable (collectively, referred to as the “Contract Documents”) and the proposal is made in accordance therewith. 1.2 Failure to so examine the Contract Documents and site will not relieve any Respondent from any obligation under the proposal as submitted. ARTICLE 2 - REQUEST FOR INTERPRETATION 2.1 Respondents shall promptly notify the Town of any ambiguity, inconsistency, or error which they may discover upon examination of the Contract Documents, the site, and local conditions. 2.2 Respondents requiring clarification or interpretation of the Contract Documents shall make a written request with their question(s) to the Chief Procurement Officer, at purchasing@ci.reading.ma.us. The Town will only answer such requests if received seven (7) business days in advance of the proposal opening. 2.3 Interpretation, correction, or change in the Contract Documents will be made by addendum which will become part of the Contract Documents. The Town will not be held accountable for any oral communication. 2.4 Addenda will be emailed to every individual or firm on record as having taken a set of Contract Documents. 2.5 Copies of addenda will be made available for inspection at the location listed in the Request for Proposals where Contract Documents are on file, in addition to being available online at www.readingma.gov. 2.6 Respondents or respondents contacting ANY TOWN EMPLOYEE Request for Proposal (RFP) outside of the PROCUREMENT OFFICE, once an RFP has been released, may be disqualified from the procurement process. 2.7 Respondents downloading information off the internet web site are solely responsible for obtaining any addenda prior to the proposal opening. If the respondent makes itself known to the PROCUREMENT OFFICE, at purchasing@ci.reading.ma.us, it shall be placed on the respondent’s list. Respondents must provide the PROCUREMENT OFFICE with their company’s name, street address, Town, state, zip, phone, fax, email address and REQUEST FOR PROPOSALS #19-22 . T O W N O F R E A D I N G P a g e | 41 ARTICLE 3 - PREPARATION AND SUBMISSION OF PROPOSALS 3.1 Proposals shall be submitted on the "Proposal Form" as appropriate, furnished by the Town. 3.2 All entries on the Proposal Form shall be made by typewriter or in ink. 3.3 Where so indicated on the Proposal Form, sums shall be expressed in both words and figures. Where there is a discrepancy between the proposal sum expressed in words and the proposal sum expressed in figures, the words shall control. 3.4 The Proposal shall be enclosed in a sealed envelope with the following plainly marked on the outside: * RFP: #19-22 * TYPE OF PROCUREMENT: Lease of Muncipipal Land Wireless Communications Facility * RESPONDENT'S NAME, BUSINESS ADDRESS, AND PHONE NUMBER 3.5 Date and time for receipt of Proposals is set forth in the RFP. 3.6 Timely delivery of a proposal at the location designated shall be the full responsibility of the Respondent. In the event that Reading Town Hall is closed on the date or at the time that Proposals are due, the date and time for receipt of Proposals shall be on the next business day following that the Reading Town Hall is open. 3.7 Proposals shall be submitted with one original and two (2) copies. ARTICLE 4 - WITHDRAWAL OF PROPOSALS 4.1 Any proposal may be withdrawn prior to the time designated for receipt of Proposals on written or electronic request. Electronic withdrawal of Proposals must be confirmed over the Respondent's signature by written notice postmarked on or before the date and time set for receipt of Proposals. 4.2 Withdrawn Proposals may be resubmitted up to the time designated for the receipt of Proposals. 4.3 No Proposals may be withdrawn after the opening of the Proposals. ARTICLE 5 - CONTRACT AWARD 5.1 The Town will award the contract(s) to the responsive and responsible respondent(s) within sixty (60) days (Saturdays, Sundays, and legal holidays excluded) after the opening of Proposals. a. The first contract will be awarded to the responsive and responsible proposer able to build a temporary tower and offering the highest lease payments beginning on year 6. In exchange for building the tower, the Town will abate all licensing fees for five years (January 2020 to December T O W N O F R E A D I N G P a g e | 42 2024). Beginning on the 6th year (January 2025), payments will reinstated. Years 7 through 20 will have a built-in increase of 4 % each year. In addition, the Town will give 1st preference to the awarded contractor for location on the cell tower and new water tank constructed. b. The 2nd, 3rd and 4th contracts will be awarded to the responsive and responsible proposer(s) in the order of who offers the highest annual license fees while co-locating on the temporary tower and ultimately moving to the newly constructed water tower (expected date 04/01/22). The proposers will get preference of location on the cell tower and ultimately the newly constructed water tank based upon the highest lease payments proposed. Lease payments for these proposers will begin year 1 (January 2020), the following years (2021 – 2040) will have a built-in increase of 4% each year. 5.2 The Town reserves the right to waive minor informalities or to reject any or all Proposals if it be in the public interest to do so. 5.3 The Town reserves the right to reject any respondent who has failed to pay any local taxes, fees, assessments, betterments, or any other municipal charge, unless the respondent has a pending abatement application or has entered into a payment agreement with the collector-treasurer. 5.4 As used herein, the term "highest responsible and responsive Respondent" shall mean the Respondent (1) whose proposal is the highest of those respondents possessing the skill, ability and integrity necessary for the faithful performance of the work; (2) who has met all the requirements of the Request for Proposals; (3) who shall certify that he is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed in the work; (4) who, where the provisions of section eight B of chapter twenty-nine apply, shall have been determined to be qualified thereunder. 5.5 Subsequent to the award and within forty five (45) days, Saturday, Sundays and legal holidays excluded, after the prescribed forms are presented for signature, the successful Respondent shall execute and deliver to the Town a contract in the form included in the Contract Documents in such number of counterparts as the Town may require. 5.6 In the event that the Town receives low Proposals in identical amount from two or more responsive and responsible Respondents, the Town shall select the successful Respondent by a blind selection process such as flipping a coin or drawing names from a hat. The low Respondents who are under consideration will be invited to attend and observe the selection process. ARTICLE 6 - TAXES The Town is exempt from payment of the Massachusetts Sales Tax, and the Respondent shall not include any sales tax on its proposal. The Town’s exemption Number is E-046-001-277. T O W N O F R E A D I N G P a g e | 43 NOT DUE WITH PROPOSAL SAMPLE EXHIBIT 10 LEASE AGREEMENT 1. Parties This LEASE, made this ____ day of _______________, 2019, by and between the TOWN OF READING, a municipal corporation organized and existing under the laws of the Commonwealth of Massachusetts, with a mailing address of Town Hall, 16 Lowell Street, Reading, MA 01867, acting by and through its Town Manager, but without personal liability to him, hereinafter the "LESSOR" or the "Town" and , a corporation with a usual business address of , hereinafter "LESSEE". 2. Definitions Definitions as used herein, the terms "wireless communication equipment", "antenna"; "building mounted wireless communication equipment"; "facade-mounted wireless communication equipment"; "interior- mounted wireless communication equipment"; "roof-mounted wireless communication equipment"; and "satellite earth station antenna" shall be as defined in Section 5.6.3 Personal Wireless Service Facilities (PWSFs) of the Town Zoning By-Laws of the TOWN OF READING, as may be amended from time to time during the term of this Lease. 2. Lease of Property a) The LESSOR hereby leases to LESSEE the Property, consisting of portions of the Town Land located off of Auburn Street as shown on the Plan attached hereto and incorporated hereinafter as, "Licensed Premises". b) The LESSEE shall have a non-exclusive right and easement to the Licensed Premises during normal business hours, as hereinafter defined, for ingress and egress, on foot or motor vehicle, including trucks, for the installation and maintenance of wireless communication equipment. LESSEE shall also have emergency access to the Licensed Premises as further provided in paragraph 4 of this Lease. 3. Access and Contacts a) LESSEE shall have access to the Licensed Premises 24 hours a day, 7 days a week. b) LESSEE designates the following contacts for use by the LESSOR in connection with any operational matters relating to or arising out of this Lease Agreement: In the event that LESSEE relies upon outside contractors to perform any services on its behalf in connection with this Lease Agreement, LESSEE shall provide to LESSOR prior written notice of the contractor involved and the scope of its authority to act on behalf of LESSEE. 4. Lease Term and Rental a) The Term of this Lease shall be for a period of _____________20 years beginning on the date of execution hereof. The rent for the first year shall be $ to be paid in advance. Rent shall be paid by check made payable to the TOWN OF READING and mailed or hand-delivered to: Treasurer-Collector TOWN OF READING T O W N O F R E A D I N G P a g e | 44 16 Lowell Street Reading, MA 01867 b) Rent Escalation: The rent shall increase every year as of the anniversary date of the Lease, including any extensions, in an amount equal to 104% of the rent paid in the immediately preceding year. c) Extension of Term. The LESSOR shall have the option to extend the term the term of this Lease Agreement for two additional (successive) one-year terms. The LESSOR shall retain sole discretion in the exercise of each option to extend. 1) Electric Service During the Initial Term of this Lease Agreement and any extension thereof, LESSOR shall cooperate with LESSEE in any effort by the LESSEE to obtain such electric service as may be necessary in connection with the operation of LESSEE's wireless communication equipment. The cost of obtaining and maintaining such electric service to the Licensed Premises shall be paid by the LESSEE. LESSEE shall have a separate electric distribution company meter installed for its electric service in a location accessible to the electric distribution company for purposes or meter reading, meter maintenance and meter repl acement, and LESSEE shall pay all costs related to said electrical service. 2) Co-Locators and Non-Interference a) The LESSEE acknowledges and agrees that this Lease Agreement is non-exclusive, and, as such, the LESSOR maintains the right to co-locate LESSOR's wireless communication equipment on the Licensed Premises, and/or to execute such additional leases with other interested parties who wish to co-locate such wireless communication equipment on the Licensed Premises as may be feasible. The LESSEE agrees and shall ensure that the installation and use of its wireless communication equipment will not interfere with the LESSOR's use of the Licensed Premises for any purpose for which the LESSOR is using the Licensed Premises at the commencement of the Lease Agreement, or any similar purpose for which LESSOR may use the Licensed Premises during the term of this Lease Agreement or any extension thereof and that it will use commercially reasonable efforts to ensure that LESSEE's use of the Licensed Premises will not interfere with use of the Licensed Premises for wireless communication equipment by AT&T, Sprint, and T-Mobile. LESSEE further agrees that in the event that LESSOR's Lease Agreement with AT&T, Sprint, and T-Mobile is terminated for any reason LESSOR retains the right to execute lease agreement(s) with any other interested party who offers to lease the Licensed Premises for wireless communication equipment. 3) Use a) LESSEE shall use the Licensed Premises for the purpose of constructing, maintaining, repairing, replacing and operating wireless communication equipment b) LESSEE shall provide LESSOR with updates of as-built drawings of its facilities and their locations within the Licensed Premises within twenty (20) days of any change or addition to LESSEE’S facilities or the location of such facilities. c) LESSOR grants the LESSEE the right to use such portions of LESSOR's property as is reasonably required for the construction, installation, maintenance, and operation of LESSEE's wireless communication equipment including (1) the right of ingress, egress, and regress to and from the Licensed Premises for construction machinery and equipment, (2) the right to use such portions of LESSOR's land as are reasonably necessary for storage of construction materials and equipment during installation of wireless communication equipment or construction of an T O W N O F R E A D I N G P a g e | 45 associated storage facility within Town Hall. LESSEE shall maintain the Licensed Premises and all of the LESSEE's improvements on the Licensed Premises in a reasonable condition. d) LESSEE’s right to use the Licensed Premises is contingent upon LESSEE’s obtaining, at its own expense, all of the certificates, permits, licenses and approvals that may be required by federal, state and local officials (“Governmental Approvals”) for LESSEE to use the Licensed Premises for the uses permitted under Sections 8(a) and 8 (c) above. e) LESSEE shall notify LESSOR of receipt of all Governmental Approvals and provide LESSOR with a true copy of each within ten (10) business days after receipt by LESSEE. Throughout the term and any extension thereof LESSEE shall provide LESSOR with a copy of all licenses and permits issued by the Federal Communications Commission with respect to the above-permitted uses and the LESSEE’s facilities at the Licensed Premises. 4) Maintenance; Alteration, Replacement or Addition of Equipment a) LESSEE shall properly maintain the wireless communication equipment in good order and working condition, keeping in continuous full compliance with all federal, state and local laws, rules, and regulations, including Part 17 of the Federal Communications Commission Rules and regulations and any future amendments thereto. The LESSEE shall maintain the Licensed Premises in at least the same condition as they were prior to the installation of LESSEE's wireless communication equipment, reasonable wear and tear accepted. Any alterations or improvements shall be at LESSEE's sole cost and expense, shall be in quality at least equal to the existing condition of the Licensed Premises and shall conform to all statutory, regulatory, and ordinance requirements. Prior to making any alterations, replacements, additions or improvements, LESSEE shall obtain the LESSOR's consent, which shall not be unreasonable withheld or delayed. Such consent must be preceded by (1) LESSEE’s review of any proposed work with Town departments, which may include one or more of the Inspectional Services Department (“ISD”), Planning and Development Department, Public Buildings Department, Fire Department and Law Department; or any other department within Public Services or the Department of Public Works (2) obtaining an ISD sign-off that the proposed work falls within pre-existing permits granted to the LESSEE; (3) if, applicable, submission and approval of an Application for Administrative Site Plan Review and building permit; or (4) if applicable, submission and approval of an application for a special permit. Upon request by a Town Department, LESSEE shall meet with representatives of the Town to review LESSEE’s plans prior to the submission of request for consent in order to determine what, if any permits must be obtained before consent can be given by the Town. b. The LESSEE, except with the reasonable consent of the LESSOR, shall not permit any mechanics' liens, or similar liens, to remain upon the Licensed Premises for labor and material furnished to the LESSEE or claimed to have been furnished to the LESSEE in connection with work of any character performed or claimed to have been performed at the direction of the LESSEE and shall cause any such lien to be released of record forthwith without cost to the LESSOR. Any material alterations or improvements made by the LESSEE and allowed as permanent by the LESSOR shall become the property of the LESSOR at the termination of occupancy as provided herein. Whether such alterations shall be allowed as permanent or shall be required to be removed at the end of the Lease term shall be the LESSOR's sole reasonable decision. c. Annually or upon written request of LESSOR where time or changed conditions may have impacted the physical condition of the Licensed Premises, LESSEE shall provide LESSOR with a written report within thirty (30) days of such request on the condition of the Licensed Premises. Without limiting the foregoing, LESSEE shall notify LESSOR immediately upon T O W N O F R E A D I N G P a g e | 46 learning of any damage and/or other condition that materially impairs the structural integrity of the Licensed Premises, the Site, or both, or that threatens to interfere with the use of the Licensed Premises for permitted uses. 5) LESSOR's Access The LESSOR or agents of the LESSOR may, at reasonable times, upon reasonable prior notice to the LESSEE, enter to view the Licensed Premises. In the event of an emergency or perceived emergency, the LESSOR may enter the Licensed Premises and take any action with respect to the Licensed Premises required in order to make the Licensed Premises safe, and/or to inspect the Licensed Premises without prior notice to the LESSEE. Annually, the LESSOR shall conduct an inspection of the Licensed Premises. 6) Hazardous Materials LESSEE shall not use, store or dispose of hazardous materials, as defined by federal statute, Massachusetts General Laws Chapter 21E, and federal and Massachusetts regulations, as now if effect or as amended during the term(s) of this Lease Agreement. 7) Radio Frequency Exposure LESSEE shall provide to LESSOR at the time of execution of this Lease Agreement its current RF exposure compliance and safety procedures. LESSEE shall prepare and execute a written Radio Frequency Energy Exposure Management Plan in cooperation with LESSOR and, to the extent reasonably practicable, other wireless service provider tenants at the site within thirty (30) days after the date of execution of this Lease Agreement. LESSEE shall comply with governmental requirements regarding radio frequency exposure safety measures, including the posting of signage, imposing limitations on access to the Licensed Premises by employees, contractors and other persons, taking necessary action to prevent or minimize worker radio frequency exposure and creating barriers to access consistent with such requirements, the other terms of this Lease Agreement and with the consent of the LESSOR. LESSEE shall furnish to LESSOR annual proof of performance tests conducted by or on behalf of LESSEE. At the inception of the lease and each year thereafter, LESSEE shall, together with other wireless service provider tenants (to the extent practicable), provide LESSOR with (1) information on the level, if any, of radio frequency exposure to members of the public and Town employees at the Licensed Premises who do not access the Licensed Premises; and (2) maximum theoretical and maximum measured radio frequency exposure levels arising out of the combined operations of LESSEE and such other tenants. Upon request of LESSOR, LESSEE shall provide a certification from its insurance carrier that such carrier’s coverage includes claims for personal injury or death arising out of radio frequency exposure and provide to LESSOR the insurance policy that covers this risk of loss; provided, however, if LESSEE cannot obtain such certification from its insurance carrier with commercially practicable rates and terms, LESSEE shall notify LESSOR and provide a detailed factual explanation why such coverage is commercially impracticable. LESSEE shall meet with LESSOR at least annually to discuss radio frequency exposure issues, including but not limited to best practices to mitigate radio frequency exposure, training of workers with access to the Licensed Premises, current FCC requirements and insurance issues. 8) Taxes LESSEE shall be responsible for making any necessary returns for and paying any and all other property taxes separately levied or assessed against the improvements constructed by LESSEE on the Licensed Premises. 9) Indemnification The LESSEE shall indemnify, hold harmless and defend the LESSOR against any and all claims, damages, suits or causes of action for damages arising after the commencement of T O W N O F R E A D I N G P a g e | 47 this Lease and any orders, decrees or judgments which may be entered therein, brought for damages or alleged damages resulting from any injury to person or property or from loss of life sustained by any person or persons whatever in or about the Licensed Premises arising out of LESSEE's use of the Licensed Premises. It is the intention and agreement of the parties hereto that the LESSOR, its officers, boards, committees, agents, servants and employees shall not be liable for any personal injuries to the LESSEE or its officers, agents, employees, or invitees or to any other person entering the Licensed Premises, or for any injury to any property of the LESSEE, its officers, agents, employees, or invitees, or any property on any part of the Licensed Premises, irrespective of how said damage or injury was caused whether from actions of the LESSEE or any other person, except that damage arising from a provable omission, fault, negligence or other misconduct of the LESSOR in or about the Licensed Premises shall remain the responsibility of the LESSOR. LESSEE shall promptly notify LESSOR of any claim or proceeding brought against LESSEE in connection with LESSEE's operations on the Licensed Premises and agrees to undertake forthwith to defend such action or proceeding, at LESSEE's own cost and expense, and hold the LESSOR harmless and indemnify the LESSOR against any liability thereon which may be asserted and imposed. 10) Insurance a. Liability Insurance. With respect to the Licensed Premises and any adjacent property owned by the LESSOR and used by the LESSEE for ingress and egress to the Licensed Premises, the LESSEE shall maintain at all times during the term of this Lease Agreement or any extension thereof, at its own expense and cost, broad form commercial general liability against injury to persons or damage to property insuring LESSEE and LESSOR as an additional named insured, against any claim of liability arising out of LESSEE's use or occupancy of the Licensed Premises. Such insurance shall provide coverage in the minimum amount of one million dollars ($1,000,000) per occurrence, three million dollars ($3,000,000) aggregate, and shall be issued by a responsible company in good standing in the Commonwealth of Massachusetts. Umbrella Liability of at least $2,000,000/ occurrence, $2,000,000/aggregate. The Town should be named as an Additional Insured. Workers Compensation and Employer’s Liability in amounts as required by Massachusetts General Laws. b. Fire Insurance. The LESSEE shall, at all times during the term of this Lease Agreement or any extension thereof, at its own expense and cost, maintain insurance for the Licensed Premises and all wireless communication equipment, which insurance shall provide protection against fire and the risks covered by: (i) the usual extended coverage endorsement; (ii) vandalism endorsement; and (iii) the so-called "all risk" endorsement. The minimum amount of fire insurance shall be the full replacement value of the Licensed Premises. The LESSEE shall not permit any use of the Licensed Premises which will make voidable any insurance on the Licensed Premises or its contents or which shall be contrary to any law or regulation from time to time established by the New England Fire Insurance Rating Association, or a similar body succeeding to its powers. The LESSEE shall on demand reimburse the LESSOR all extra insurance premiums caused by the LESSEE's use of the premises. c. Automobile Liability. LESSEE shall, at all times during this Lease Agreement or any extension thereof, at its own expense and cost, maintain automobile liability coverage T O W N O F R E A D I N G P a g e | 48 specifying all owned, hired and non-owned vehicles with bodily injury coverage in the amount of $1,000,000 Bodily Injury and Property Damage per accident. LESSOR shall be named additional insured on LESSEE’s automobile liability policy. d. Umbrella Liability. LESSEE shall, at all times during this Lease Agreement or any extension thereof, at its own expense and cost, maintain Umbrella Liability of at least $2,000,000/ occurrence, $2,000,000/aggregate. LESSOR shall be named additional insured on LESSEE’s umbrella or excess liability policy. e. Certificates of such insurance and copies of policies shall be delivered to LESSOR at or prior to the commencement date of the Lease, and certificates of renewals or replacements thereafter shall be furnished to LESSOR 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 for failure or refusal to renew by the insurance company or by LESSEE, except only if the insurance companies issuing such policies shall notify the LESSOR in writing by certified or registered mail no less than ten (10) days prior to the effective date of such proposed cancellation, termination or failure or refusal to renew. f. In the event that any such policy is proposed to be terminated, not renewed or otherwise cancelled for any reason whatsoever, by the insurance company or the LESSEE, the LESSEE 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 LESSOR. Upon failure to so provide such substitute policies the LESSOR may secure equivalent insurance coverage and the LESSEE shall, upon demand, pay the total premium charges thereon either directly to the insurance companies or reimburse the LESSOR for the premiums if paid by the LESSOR. 11) Fire and Casualty a. In the event of damage or destruction of any portion of the Licensed Premises by any casualty that occurs in connection with LESSEE’s use of the Licensed Premises, all sums payable under policies of insurance with respect to such damage ("Insurance Proceeds"), must first be applied by the LESSEE for restoration of the Licensed Premises and any other portion(s) of premises damaged, second to any personal property of the TOWN OF READING damaged as a result of such casualty, third to the restoration or replacement of any lost or damaged personal property of the LESSEE, fourth to reimburse the LESSEE for the cost of insurance, fifth any remaining proceeds to be retained by the LESSEE for the future repair and maintenance of the Licensed Premises, and sixth, any remainder to be paid to the LESSOR. LESSEE shall make the Insurance Proceeds available for the purposes specified herein. Any portion of the Insurance Proceeds not used to restore or rebuild the structures on the Licensed Premises shall be paid over to the LESSOR. b. When such fire or casualty renders the Licensed Premises substantially unsuitable for their intended use, the LESSEE may elect to terminate this Lease. LESSEE may terminate this Lease by giving written notice to the LESSOR of its intention so to do within thirt y (30) days after the date of such damage or destruction, provided such notice shall be accompanied by the payment or assignment to the LESSOR of LESSEE's interest in the Insurance Proceeds recovered or recoverable as a result of such casualty. T O W N O F R E A D I N G P a g e | 49 c. If LESSEE fails to notify the LESSOR of its intention to terminate the Lease as specified in the immediately preceding paragraph, or fails to restore the Licensed Premises to its prior condition within ninety days of said damage, Lessor may terminate this Lease. 12) Eminent Domain If the entire Licensed Premises shall be taken by right of eminent domain, the Lease shall terminate as of the time that possession is required by the taking authority. If only part of the Licensed Premises shall be so taken by right of eminent domain, then if the part so taken renders the remaining premises unfit or unsuitable for continued use and occupancy, or if the Licensed Premises cannot, in the reasonable judgment of LESSOR, be restored not later than ninety (90) days after possession, LESSOR may terminate this Lease. LESSOR reserves and the LESSEE grants to the LESSOR all rights which the LESSEE may have for damages or injury to the Licensed Premises for any taking by eminent domain, except for damage to the LESSEE's fixtures, property, or equipment. 13) Default and Bankruptcy. a. In the event that: (1) the LESSEE shall default in the payment of any installment of rent or other sum herein specified and such default shall continue for ten (10) days after receipt of written notice thereof; or (2) the LESSEE shall default in the observance or performance of any other of the LESSEE's covenants, agreements, or obligations hereunder or of any term, condition or provision or any permit, license or other like approval required for the operation of LESSEE's wireless communication equipment, and such default shall not be corrected within thirty (30) days after written notice thereof; or, (3) the LESSEE shall be declared bankrupt or insolvent according to law, or, if any assignment shall be made of LESSEE's property for the benefit of creditors, then the LESSOR shall have the right thereafter to re-enter and take complete possession of the Licensed Premises, to declare the term of this Lease ended, and remove the LESSEE's effects, without prejudice to any remedies which might be otherwise used for arrears of rent or other default. b. The LESSEE shall indemnify the LESSOR against all loss of rent and other payments which the LESSOR may incur by reason of such termination during the residue of the term. If the LESSEE shall default, in the observance or performance of any conditions or covenants on the LESSEE's part to be observed or performed under or by virtue of any of the provisions in this Lease, then the LESSOR, without being under any obligation to do so and without thereby waiving such default, may remedy such default for the account and at the expense of the LESSEE. If the LESSOR makes any expenditure or incurs any obligations for the payment of money in connection therewith, including but not limited to, reasonable attorney's fees in instituting, prosecuting or defending any action or proceeding, such sums paid or obligations insured, with interest at the rate of eight (8%) percent per annum and costs, shall be paid to the LESSOR by the LESSEE as additional rent. LESSOR shall give LESSEE sixty (60) days’ notice before any interest shall be charged. 14) Termination. LESSEE: In the event that (a) any of the certificates, permits, licenses, or other approvals required by any federal, state, and local authorities issued to LESSEE is cancelled, expires, lapses, or is otherwise withdrawn or terminated by government authority so the LESSEE in its sole discretion determines that it will be unable to use the Licensed Premises for its intended purposes; or (b) LESSEE is unable to obtain initial permits, licenses, or other approvals required by any federal, state, and local authorities so that the LESSEE will be unable to use the Licensed Premises for its intended purposes or (c) LESSEE reasonably determines that the Licensed Premises has become unsuitable for LESSEE's facility due to subsequent changes in system or T O W N O F R E A D I N G P a g e | 50 network design, then in such event LESSEE shall have the right to terminate this Agreement by written notice. Notice of LESSEE's exercise of its right to terminate shall be given to LESSOR by certified mail, return receipt requested, and shall be effective thirty (30) days thereafter. All rentals paid to LESSOR as of said effective date of termination, shall be kept by LESSOR and this Agreement shall become null and void and the parties shall have no further obligations, including the payment of money to each other. 15) Surrender The LESSEE shall at the expiration or other termination of this Lease remove all the LESSEE's goods and effects from the Licensed Premises, either inside or outside the Licensed Premises and all alterations not accepted by LESSOR as permanent in accordance with Paragraph 11 b. above, including, without hereby limiting the generality of the foregoing, all improvements, fixtures and personal property constructed or installed on the Licensed Premises by LESSEE, including panels, equipment building, radio, electronic, and/or electric equipment, cables, wire, and coax. The LESSEE shall deliver to the Lessor the Licensed Premises and all keys, locks thereto, if any, and other fixtures connected therewith and all allowed permanent alterations and additions made to or upon the Licensed Premises, in good condition, damage by fire or other casualty, reasonable wear and tear, takings by eminent domain and damage properly attributable to the Lessor only excepted. In the event of the LESSEE's failure to remove any of the LESSEE's property from the premises, the LESSOR is hereby authorized, without liability to LESSEE for loss or damage thereto, and at the sole risk of the LESSEE, to remove and store any of the property at the LESSEE's expense, or to retain same under the LESSOR's control or to sell at public or private sale, without notice any or all of the property not so removed and to apply the net proceeds of such sale to the payment of any sum due hereunder, or to destroy such property. 16) Assignment This Agreement may be assigned or transferred at any time to LESSEE's successors, affiliates or subsidiaries only upon the written consent of the LESSOR, which consent shall not be unreasonably withheld or delayed. Such successors, affiliates, or subsidiaries shall meet all provisions of this Agreement. No other assignments will be permitted. 17) Amendment No Lease revision shall be valid unless made in writing and signed by a duly authorized agent of LESSEE and the LESSOR acting by and through its Town Manager. No provision may be waived except in a writing signed by the Town Manager when such waiver is on behalf of the LESSOR and a duly authorized signatory of the LESSEE. 18) Severability If any term or condition of this Lease Agreement be held unenforceable, the remaining terms and conditions shall remain binding upon the parties as though said unenforceable provision were not contained herein. 19) Governing Law This Lease Agreement and the performance thereof shall be governed, interpreted, construed and regulated by the laws of the Commonwealth of Massachusetts. No litigation concerning this Lease Agreement and the performance thereof, shall be conducted in, or removed to any federal district court, and shall be brought only in a Massachusetts state court. 20) Service of Process LESSEE's agent is authorized to receive Service of Process on behalf of LESSEE, with respect to any matter related to this Agreement and the performance thereof. T O W N O F R E A D I N G P a g e | 51 21) Notice of Lease LESSOR agrees to execute a Notice of Lease pursuant to G.L. c. 183, §4, to be prepared by LESSEE, which Notice may be recorded by LESSEE at its expense. Immediately upon recording a copy shall be sent to the LESSOR. 22) Notices All notices must be in writing and shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or any other address that the party to be notified may have designated to the sender by like notice) and shall be deemed received as of the earlier of five days after the date of the postmark or actually receipt thereof: TO LESSOR: TOWN OF READING Robert LeLacheur, Town Manager 16 Lowell Street Reading, MA 01867 TO LESSEE: LESSEE'S LOCAL AGENT FOR SERVICE OF PROCESS: 23) Conflict of Interest This agreement prohibits any activity that would constitute a violation of the conflict of interest law (M.G.L. c. 268A) 24) No Personal Liability. No official or employee of LESSOR shall be personally liable as a result of any default by LESSOR under this Lease Agreement or as a result of any conduct by such official or employee arising under or in connection with this Lease Agreement. [REVIEW FOR SUFFICIENCY] 25) Entire Agreement This Agreement contains all the agreements, promises and understanding between the LESSOR and LESSEE an no oral agreements, promises or understandings shall be binding upon either the LESSOR or LESSEE in any disputes, controversy or proceeding at law, and any addition, variation or modification to this Agreement shall be void and ineffective unless made in writing and signed by the parties hereto. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respected seals this ______________day of________________, 2019. LESSOR: TOWN OF READING ________________________________ Robert LeLacheur, Town Manager LESSEE: By:_____________________________ ________________________________ Name & Title T O W N O F R E A D I N G P a g e | 52 THIS PAGE IS INTENTIONALLY BLANK T O W N O F R E A D I N G P a g e | 53 EXHIBIT 11 CERTIFICATE OF CORPORATE AUTHORITY 1. I hereby certify that I am the Clerk/Secretary of ________________________________________ (insert full name of Corporation) 2. corporation, and that ______________________________________________________________ (insert the name of officer who signed the contract and bonds.) 3. is the duly elected ______________________________________________________________ (insert the title of the officer in line 2) 4. of said corporation, and that on _____________________________________________________ (insert a date that is ON OR BEFORE the date the officer signed the contract and bonds.) at a duly authorized meeting of the Board of Directors of said corporation, at which all the directors were present or waived notice, it was voted that 5. _____________________________________ the ________________________ (insert name from line 2) (insert title from line 3) of this corporation be and hereby is authorized to execute contracts and bonds in the name and on behalf of said corporation, and affix its Corporate Seal thereto, and such execution of any contract of obligation in this corporation’s name and on its behalf, with or without the Corporate Seal, shall be valid and binding upon this corporation; and that the above vote has not been amended or rescinded and remains in full force and effect as of the date set forth below. 6. ATTEST: _______________________________________ AFFIX CORPORATE SEAL HERE (Signature of Clerk or Secretary)* 7. Name: _________________________________________ (Please print or type name in line 6)* 8. Date: __________________________________________ (insert a date that is ON OR AFTER the date the officer signed the contract and bonds.) * The name and signature inserted in lines 6 & 7 must be that of the Clerk or Secretary of the corporation. T O W N O F R E A D I N G P a g e | 54 THIS PAGE IS INTENTIONALLY BLANK T O W N O F R E A D I N G P a g e | 55 EXHIBIT 12 CELL TOWER SPECIFICATIONS 1. Tower Foundation A. Soil Exploration A Geotechnical Engineer shall be employed by the Contractor to identify soil conditions for use in the tower foundation design. At a minimum, borings shall be performed at tower centerline and leg locations. A PE-stamped geotechnical report shall be provided to the Town including, but not limited to, boring logs, recommended type(s) of foundation, soil design parameters, and construction methods. For bidding purposes, soil at the site shall be considered normal. If soil conditions are found to be other than "normal" per ANSl/EIA-222-G, or latest revision, the Town will allow equitable adjustment of the quoted foundation cost. Normal soil is defined as cohesive material with an allowable net vertical bearing capacity of 4,000 psf, and an allowable net horizontal pressure of 400 psf per lineal foot of depth to a maximum of 4,000 psf. Normal soil is also illustrated as not caving in during excavation, not requiring bracing or shoring, capable of excavation with a backhoe, not requiring blasting, and not filling with water due to ground seepage. B. Foundation Design The Vendor sha ll be responsible for an engineered foundation design based upon the soil analysis conducted by the Vendor. The successful Vendor shall provide the town with copies of the foundation design sealed by a registered PE for the Commonwealth of Massachusetts and subject to review by an independent engineer. Concrete samples shall be taken from each concrete delivery and test results shall be provided based upon 7 and 28 day break tests. The two samples shall be taken at the beginning of the pour and near the delivery's end. Each sample sha ll be marked with the project name, delivery ticket number, date and time. If applicable, spoils as a result of the foundation excavation shall be removed from the site. The Town’s project manager, or designee, must be onsite prior to the installation of concrete. Steel reinforcing shall be tied; no welds will be permitted. Lift chairs shall be used when and where necessary to prevent reinforcing steel from protruding through the concrete encasement. When and where sleeves/caissons are used, the sleeves or caissons will be removed when/or as the concrete is poured. No sleeves or forms of any kind shall be left on/in the foundation. Concrete, reinforcing steel , construction methods and concrete installation sha ll meet the applicable standards of the American Concrete Institute (ACI), and American Society T O W N O F R E A D I N G P a g e | 56 for Testing and Materials (ASTM) for structural foundation designs, and as required by the communication tower manufacturer's sealed engineering document(s) to meet all load requirements. 2. Tower Description and Design Requirements for Tower Design A. The tower shall be designed according to TIA-222-G or revised edition. Location: Middlesex County, MA Minimum/Maximum Basic Wind Speed = 105 MPH Minimum/Maximum Basic Wind Speed w/ Ice = 40 MPH Minimum/Maximum Design Ice Thickness = 0.75" Structure Class = III Exposure Category = B Topographic Category = 1 The tower total height above the foundation shall be One Hundred Ninety Feet (190'). Top of foundation elevation shall be not more than six (6) inches AGL. 3. Tower Antenna Design Load The tower sha ll be designed to accommodate the antenna system loads indicated below; at a minimum, the top twenty (20) feet of the self-supporting tower shall be straight with no taper for antenna mounting requirements. The tower design will also include the following appurtenances: necessary anchor bolts w/plates and template, step-bolts installed at a point fifteen-foot above the foundation, a safety-climb DBI/SALA (or equal) shall be provided. 4. FAA Permitting Successful Vendor shall assemble and submit required forms and paperwork to the Federal Aviation Administration (FAA) for that agency’s review and approval prior to acquiring and installing the Tower. For bidding purposes, Vendor may assume that the FAA will approve said tower in its described location and height as stated in this document. The Town shall provide Vendor with lat/long coordinates and USGS elevation for the proposed tower. For bidding purposes, Vendor may assume the tower is located within the Town property on Auburn Street. 5. Tower Lighting and Painting If the FAA determines that the tower will require lighting and/or painting, Vendor shall provide a tower with such required appurtenances. 6. Climbing Facilities The tower shall be equipped with anti-fall device appropriate for use for the type of structure proposed that meets the requirements of ANSI and OSHA. T O W N O F R E A D I N G P a g e | 57 7. Site Work Existing structures and facilities within the area of operations shall be protected. Any disturbance or damage to the work, the existing structures, or any impairment of facilities resulting from the contractor's operations, will be required to quickly restore, repair, to the Town's acceptance. Suitable barriers shall be erected and maintained around the operations if such operations constitute a hazard or dangerous condition. Stability of the tower shall be maintained during the operation. Bracing or guying shall be utilized as required to ensure safe working conditions. All materials and debris, shall become the property of the contractor and shall be disposed off-site in compliance with local and state codes or regulations. The contractor shall restore any paved or grassy area damaged during the work to match existing. Any fencing, structures, or landscaping damaged during the work shall be replaced or repaired by the contractor. The contractor shall leave the site in clean and presentable condition as approved. 8. Clean Up of Area The Vendor is responsible for the complete cleanup of the site, including excess spoils removal, grading, and reseeding of the sites. Soil must be free of debris and capable of grass seed germination. 9. Tower Warranty The successful bidder shall warrant all its work and materials for a period of five (5) years after acceptance and final payment. Site requires a 1 90' AGL tower with the following loads, note that heights are stated at the base of the antenna: Antenna #1 New Antenna: To Be Determined (TBD) Antenna Base Mounting Level: Top – 1 89' elevation Antenna Type: 10’ Whip Antenna Weight: TBD Antenna Cable: 7/8" LDF Effective Wind Area: TBD Antenna #2 New Antenna: TBD Antenna Base Mounting Level: 1 89' elevation Antenna Type: 10’ Whip Antenna Weight: TBD Antenna Cable: 7/8" LDF Effective Wind Area: TBD T O W N O F R E A D I N G P a g e | 58 Antenna #3 New Antenna: Two RFI 470-490MHz (Town of Reading) Antenna Base Mounting Level: 1 89' elevation Antenna Type: 6’ Whi p Antenna Weight: 6 lbs. each Antenna Cable: 7/8" LDF Heliax Coax Effective Wind Area: TBD Antenna Array #1 (Wireless Carrier A) New Antenna: Nine 1’x8’ panels Antenna Base Mounting Level: 1 80' elevation Antenna Type: TBD Antenna Weight: 3000 lbs/array Antenna Cable: Twelve (12) 1-5/8” Coax Effective Wind Area: ± 250 sq. ft. Antenna Array #2 (Wireless Carrier B) New Antenna: Nine 1’x8’ panels Antenna Base Mounting Level: 1 70' elevation Antenna Type: TBD Antenna Weight: 3000 lbs/array Antenna Cable: Twelve (12) 1-5/8” Coax Effective Wind Area: ± 250 sq. ft. Antenna Array #3 (Wireless Carrier C) New Antenna: Nine 1’x8’ panels Antenna Base Mounting Level: 1 60' elevation Antenna Type: TBD Antenna Weight: 3000 lbs/array Antenna Cable: Twelve (12) 1-5/8” Coax Effective Wind Area: ± 250 sq. ft. Antenna Array #4 (Wireless Carrier D) New Antenna: Nine 1’x8’ panels Antenna Base Mounting Level: 1 50' elevation Antenna Type: TBD Antenna Weight: 3000 lbs/array Antenna Cable: Twelve (12) 1-5/8” Coax Effective Wind Area: ± 250 sq. ft. 5 Centennial Drive, Peabody, MA 01960 (HQ) Tel: 978.532.1900 Offices in: MA, CT, NH, VT, NY, NJ, PA, SC & FL westonandsampson.com TO:Ryan Percival, Town Engineer, Town of Reading, Massachusetts FROM:Bruce Adams and Michael Warner, Weston & Sampson DATE:April 5, 2018 SUBJECT:Cellular Antennas for Wireless Carriers Auburn Street Water Storage Tank Wireless carriers typically have their antennas pointed at similar angles and they usually all prefer to be on the top tier of the tank, centered on the best angle. With this in mind, the tank can fit two providers on the top 10-foot tierofthe tankby locating eachone eitherright or left ofthat center(or bestangle). Another two carriers could fiton thesecond 10-foottierwith another two on a third10-foot tier, if desired. The lowest12- feet of the tank would be reserved for the walkway with adequate headroom below any antennas. For purposes of determining the potential number of cell carriers that can fit on the proposed tank, we’ve assumed the following: •750,000-gallon tank •56-feet in diameter •176-feet circumference •42-foot height Cell carrier antenna information: •Set up antennas in three sectors (alpha, beta and gamma) •One (1) to four (4) antenna per sector •4-foot spacing between antennas •Total allocated width per carrier is therefore 16-feet per sector (4-feet for each of four (4) antennas) •Antenna assemblies are up to 9 feet tall Allocation per carrier includes three areas: 1 area per sector with each area at 16-feet wide by 10-feet tall. Document1 15 Commerce Way, Norton, MA 02766 September 25, 2017 Town of Reading Ryan Pervical Reading Town Hall 16 Lowell Street Reading, MA 01867 RE: Request for Information Proposed Cell Tower Respondent: T-Mobile Northeast LLC, a Delaware limited liability company (A Wholly Owned Subsidiary of T-Mobile USA, Inc.) To Whom it May Concern: In response to your recent issuance of Request for Information, T-Mobile Northeast LLC is pleased to present the following information for use in evaluating the proposed cell tower to be located off of Auburn Street, in Reading, MA: • Propagation map depicting T-Mobile’s current coverage footprint from the existing installation on the water tank off Auburn Street; • Propagation map depicting T-Mobile’s coverage footprint from the proposed tower at a height of 125’; • Health, Public Safety & Wireless brochure; • Smart Communities Plan for Mobile brochure; and • Common Radio Frequency Emissions graph. T-Mobile currently has a wireless telecommunication facility installed on the water tank located off Auburn Street, in Reading, MA which has been in service since 1998. This existing facility is an integral part of T-Mobile’s wireless network and represents a coverage site within the network. Coverage sites require higher power and height, and are designed to cover roadways and homes over a larger geographical area. It would be very difficult to replicate the coverage of this traditional full macro site with small cells. Small cells are used to cover a smaller footprint than a macro site and are typically deployed in dense urban areas to alleviate the congestion from existing macro sites. Without a macro wireless transmission facility located at this location, a significant area of inadequate, unreliable coverage would exist in T-Mobile’s wireless network in and around Reading. This lack of service area or “gap” in coverage would adversely impact the service T-Mobile is able to provide to our existing and future customers in this area. A review of the area surrounding the proposed tower has shown that there are no other existing towers or structures that would provide a viable alternative to the proposed tower or existing water tank as there are not structures of significant height in the area. All of T-Mobile’s telecommunication facilities meet all applicable governmental health and safety standards and regulations. T-Mobile is licensed and regulated by the Federal Communications Commission (FCC). The FCC imposes strict health and safety standards governing construction requirements, technical standards, interference protection, power limitations, and radio frequency standards. RF Emission measurements from typical macro installations are generally well below the maximum allowable limit established by the FCC. T-Mobile will continue to meet all of the health and safety standards established by the FCC if they were to locate on the proposed tower and there would be no discernable difference in the emissions transmitted from the existing installation versus the proposed tower. We hope that this information assists the Town in assessing the proposed tower. Please do not hesitate to contact us in the event you have any questions, or need further information. Sincerely, Amy White Amy White Agent-T-Mobile Northeast LLC Existing Coverage (LTE Midband) with 4DE8055A Water Tank Proposed Coverage (LTE Midband) with Tower Candidate Location: 42.531101, -71.105617 at Rad Ctr of 125 Feet Propose location is less than 100 Feet away 240 million calls are made to 911 in the U.S. each year, and in many areas 80% or more are from wireless devices. (National Emergency Number Association, NENA) 330 Million Americans Rely on Enhanced 911 Services Mobile phones play an important role in personal and public safety, allowing people to easily reach out to emergency services, family or friends. Mobile connectivity can be a lifeline for people and first responders when reacting to natural and man-made disasters, as well as accidents and threats to communities. Enhanced 911 (also called E911) is a federally-mandated program that seeks to improve the accuracy and reliability of wireless 911 by providing dispatchers with additional location information. E911 is regulated by the Federal Communications Commission and is initiated by jurisdictional request. The deployment of E911 requires network upgrades and coordination among public safety agencies, wireless carriers, technology vendors, equipment manufacturers, and local wireline carriers. Looking to the Future According to 911.gov: For more than 40 years, the 911 system has served the needs of the public in emergencies. Next Generation 911 (NG911) will enhance the 911 system to create a faster, more flexible, resilient, and scalable system that allows 911 to keep up with communication technology used by the public. While the technology to implement NG911 systems is available now, the transition to NG911 involves much more than just new computers. Implementing NG911 will include activities of many people, who will coordinate efforts to plan and deploy a continually evolving system of hardware, software, standards, policies, protocols and training. The National 911 Program supports the effort of jurisdictions at all levels of government as they consider the transition to NG911. New technologies and policies will continue to enhance these capabilities. In fact, a roadmap agreement reached by the wireless industry and public safety advocates in late 2014 will lead to more accurately locating indoor 911 callers, as well as providing a vertical estimate for callers in high-rise buildings. Personal and Public Safety is a Key Consideration Tools for Public and Personal Safety In addition to 911 calls, mobile device users can receive emergency alerts or use the many mobile apps and services designed to help improve safety for individuals and our communities. More of these services are being developed every day. • Wireless Emergency Alerts – America’s Wireless Emergency Alerts (WEA) public safety system notifies mobile device users of dangerous situations in their area, and lets them know when the threat has passed. This voluntary system supported by wireless carriers increases safety for Americans. Officially sanctioned alerts include: • Presidential Alerts – issued by the U.S. President or a designee • Imminent Threat Alerts – about man-made or natural disasters where there is an imminent threat to life or property • AMBER Alerts – help law enforcement search for and locate a missing child • Silver Alerts – help law enforcement search for and locate missing persons, especially senior citizens with dementia or mental disabilities • National Wireless Priority System – This system supports national leadership, federal, state, local, tribal and other authorized national security and emergency responders to have prioritized processing of their calls in an emergency or crisis when wireless networks are congested. • Social Media – Twitter, Facebook, walkie-talkie apps and other social media platforms are regularly used to alert people to danger, or call for help. These platforms are also used by a majority of public safety agencies to collect and share information. • FirstNet – FirstNet is a forthcoming federally-sponsored initiative that is envisioned to be a single, interoperable network for public safety agencies and personnel. When operational, it will be a nationwide broadband network tailored specifically to the needs of the public safety community Radio Frequency Wireless communication is based on radio frequency (RF), the same technology that has been used for radio broadcasts since the 1800s. It is the same technology that enables wireless routers, baby monitors, and cordless telephones to work – as well as radio and television broadcasting. The Federal Communications Commission (FCC) is responsible for evaluating the effect of radio frequency emissions. Also, the American National Standards Institute (ANSI), the Institute of Electrical and Electronics Engineers (IEEE) and the National Council on Radiation Protection and Measurements (NCRP) have issued recommendations for human exposure to RF electromagnetic fields. According to the FCC: Measurements made near typical cellular and PCS cell sites have shown that ground-level power densities are well below the exposure limits recommended by RF/microwave safety standards used by the FCC. While it is theoretically possible for cell sites to radiate at very high power levels, the maximum power radiated in any direction usually does not exceed 50 watts. Working Together T-Mobile is licensed by the Federal Communications Commission and must comply with all federal licensing, operational and safety regulations. We partner with local jurisdictions and local Public Safety Answering Points to support E911 requirements. Because wireless infrastructure is essential to making mobile networks, services and applications function, T-Mobile works closely with local governments to ensure that our networks are providing adequate coverage and capacity. Learn More For more information, check out HowMobileWorks.com, or contact us at: SitingRelations@T-Mobile.com HowMobileWorks.com BABY MONITOR (@ 7 FEET) CORDLESS PHONE SMALL CELLS (OUTDOORS) MACRO SITES (INDOORS) MACRO SITES (OUTDOORS) WIRELESS LAPTOP WIFI0.2521,0001,0000.5100.051,0000.51,0002311,0000.81951,00040.22.540,0003040,0002.530BLUETOOTH HEADSET 60,000 1,100 100 300 500 700 900 20,000 30,000 40,000 50,000 0 4 8 12 16 20 24 28 32 Source: Andrew H. Thatcher, Board Certified Health Physicist (c) 2016 DEVICE TYPICAL EMISSIONS DEVICE MAXIMUM EMISSIONS LEGALLY PERMISSIBLE EMISSIONS = 1cm² = 1in² (µW/cm²) = microwatts per centimeter squared Common Radiofrequency Emissions (µW/cm²) 0.025%0.00625%0.05%0.005%0.1%0.08%0.02%0.00625% PERCENT OF LEGALLY PERMISSIBLE EMISSIONS FOR EACH DEVICE IS LESS THAN ONE PERCENT WHEN USED TYPICALLY CLANE M IDDLETON September 27,2017 Town of Reading Engineering Office l6 Lowell Street Reading, MA 01867 THOMAS W. HILDRETH Direct Dial: 603.628.1 1'7'7 Email : thomas.hildreth@rnclane.corn Adrnirted in NH, MA and ME 900 Eh¡ Street, P.O. Box 326 Manchester, NH 03 105-032ó't 603.625.6464 F 603.ó25.5650 Víø E-Mail to: r pe r civ øl(Ð ci. r e ødin g, n ø. u s l't Cløss Møil to follow Re: RFI on Cell Tower Locations/Imnact to Cell Coverage Dear Mr. Percival: Purpose The purpose of this letter is to respond to your recent request for information on possible cell tower locations in Reading on behalf of our client, Verizon Wireless. Background Verizon Wireless has tens of thousands of customers who live in, work in, or travel through Reading on a daily basis. Verizon serves those customers with a network of cell sites located within the Town of Reading, as well as from sites within the municipalities that border Reading. Verizon's network infrastructure in Reading was recently enhanced by the collocation of antennas on an existing smoke stack at 1 General Way. Verizon also has an active search area in Reading for a rooftop macro site in the vicinity of the ice rink on Symonds Way. In addition, it should be noted that Verizon representatives have made a number of efforts in recent months to engage Reading Municipal Light Department (RMLD) in discussions regarding Verizon's interest in attaching small cells to RMLD utility and light poles. RMLD has, so far, been unwilling to engage in such discussions. IRFI Topics l. Existins Coverage. Verizon does not currently have cell antennas mounted on the Town's Auburn Street water tank. Accordingly Verizon is not providing a coverage map for currently mounted antennas, since it does not have any there. 2. Predicted Coverage from New Tower. Attached are three coverage plots, as follows McLane Middleton, Professional Association Manchester, Concord, Portsmouth, NH I Woburn, Boston, MA These numbers correspond to the numbers of the RFI McI-ane.com Town of Reading Engineering Office September 27,2017 Page2 Exhibit 1 is a coverage plot showing coverage in Reading from Verizon's existing sites; Exhibit 2 is a coverage plot showing coverage from Verizon's existing sites plus predicted coverage from a new tower at the Auburn Street water tank site, with Verizon's antennas mounted at a center line of 130'; and Exhibit 3 depicts a before and after comparison, where red represents the existing coverage and green represents the coverage added from the future Auburn Street tower. 3. Other Cell Tower Sites. Aside from the macro site now in the search phase, as noted in the Background section above, as well as antennas on the new tower at the Auburn Street water tank site, Verizon is not presently searching for any other cell tower sites within the Town of Reading. As noted above and below, however, Verizon does believe that there are areas in Reading that would benefit from the installation of several small cells. 4. Small Cells. More wireless traffic needs more wireless facilities just like more vehicle traffic needs more lanes. Many wireless users share each cell site and congestion may result when too many Iry to use it at the same time. Wireless coverage may already exist in aîarea, but with data usage growth increasing exponentially each year, more capacity is needed. To meet capacity demands, Verizon needs to add more wireless antennas closer to users and closer to other cell sites to provide the reliable service customers have come to expect from Verizon. Installing small cells, however, would not meet Verizon's objectives in the vicinity of the Auburn Street water tank given the size of the gap in coverage. Small cells do not obviate the need for macro sites. Macro sites provide broad, umbrella layers of coverage in areas ranging from one to several miles, depending on factors including topography, building density, and the like. In areas of high network capacity demand, macro sites can become exhausted. In those areas, small cells - whose effective range is only up to 1,000' - can offload some traffic from an overburdened macro site. Small cells work in conjunction with macro sites to extend the throughput of a wireless network. Verizon expects that it will need to deploy small cells in Reading for high capacity demand areas even with the installation of one or more additional macro sites. Verizon would require attachment licenses from RMLD to attach small cells to RMLD utility/light poles. Alternatively, Verizon would require RMLD's non-objection to Verizon installing its own poles amidst RMLD poles within public rights of way. 5. Public Information. Verizon is guided in its network facilities deployments by federal regulations, which are based on the findings and conclusions of U.S. and international health and safety agencies that have compiled a substantial body of scientific evidence on possible health effects of radio frequency (RF) emissions. Those agencies include the World Health Organization. You can find WHO findings and conclusions concerning this subject on the WHO web site. http ://www. who. int/mediacentre/factsheets/fs I 9 3/en and who I a a a The Federal Communications Commission (FCC) also provides a substantial amount of Town of Reading Engineering Office September 27,2017 Page 3 information on RF emissions on its website. See, e.g., FCC RF Safety Homepage (http :¡¡www. rcc. eov/oetÆaÐ, FCC RF Safety FAQ' s (http://www.fcc.eov/oet/rfsafety/rffaqs.html), FCC Consumer Facts,"Human Exposure To Radio Frequency Fields: Guidelines For Cellular & PCS Sites" (http://www.fcc/eov/csb/consumerfacts/rfexposure.html); "OET 65 - Evaluating Compliance With FCC Guidelinesfor Human Exposure to Radio Frequency Electromagnetic Fields," (http://www.fcc.eov/oeVinfo/documents/bulletins/lVelcome.html#65); and"OET 56 - A Local Government Official's Guide to Transmitting Antenna kF Emission Safety: Rules, Procedures, and Practical Guidance" (htto://wireless.fcc. gov/sitingÆCC_LSGAC RF_Guide.pdÐ. Consistent with the science and with input from the Environmental Protection Agency, the Occupational Health and Safety Administration, and the Food and Drug Administration, the FCC has established RF exposure guidelines that include alarge safety margin. Health and safety organizalions worldwide have studied potential health effects of RF emissions for decades and studies continue. According to the FCC, measurements made near typical cellular and PCS installations, especially those with tower-mounted antennas, have shown that ground-level power densities are hundreds to thousands of times less than the FCC's limits for safe exposure. Wireless technology, equipment, and network operations are highly regulated. Verizon Wireless has a comprehensive compliance program designed to ensure compliance with all FCC standards and Verizon's sites typically operate within a fraction of FCC regulated levels of operation. Conclusion Here are a few final thoughts in conclusion 1. Verizon representatives would be pleased to meet with you and your colleagues to discuss further the information provided here. 2. Verizon will be interested in submitting a proposal to lease space on a new wireless communications tower to be constructed adjacent to the Auburn Street water tank. 3. Verizon will not be submitting a proposal in response to the town's RFP #18-{3 to lease space on the existing water tank, presently occupied by T-Mobile. The duration of the attachment rights offered in the RFP are not sufficiently long for Verizon's planning purposes. 4. RFP #18-{3 sets a minimum annual rent required for proposals submitted in response to the RFP Verizon suggests that a future RFP for space on the new telecommunications tower to be constructed not set any minimum amount in order to ensure that the RFP returns a full and fair test of then-current market rate rents. 5. In addition to being interested in attaching antennas to a new tower at the Auburn Street water tank site, Verizon is interested in installing small cells in selected areas of Reading. 6. Finally, you may be interested to know that Reading is not the only water tank owner planning to rid its tanks of wireless equipment in favor of separate structures built to support wireless gear. Town of Reading Engineering Office September 27,2017 Page 4 The enclosed article appeared this week in a daily industry trade publication, Inside Towers, reporting on the town of New Canaan, Connecticut, embarking on the same exercise as the town of Reading. Please let me know if you have any questions about the information set forth in this letter or the attachments. Please let me know if you would like to arrange a meeting with relevant Verizon Wireless stakeholders. In the meantime, thank you for your attention to this matter. yours, ùrÅ**I W. Hildreth jle enclosures ec: A. Candiello, VzW S. Conway, VzW J. McNeal, SAI I 09395\l 2700045 F*rrßrr )..r/1E IISTIF/6 \0VER.4 67É Fyurmr 1Exrsrrt G Cou=o,4qr + l.rurgn > Efr+sgrr 3 -"T3eçp.ra+ 4rnx corn/gs,FsòñCgtO 3 Err3r?¡/6 T êr*¡ e r¡¡{fti- Aþeun'l }r,luu¡rt l'n,-'l lnside&,Towers Home Advertíse i¡on, S.pt.mbsr 18, 2017 90-Day Trial Subscribe Now Mod¡a Kit SubmltNeuæ Popular Posts lns¡do Tourors Datåbåse Classifieds Archíve About Us Contact Us Usemame Slgn ¡n Read lT Resources Tor¡ver-Pro Subscríbe Water Tower Maintenance Means New Tower Needed for Five Carriers What is a town to do when water towers need maintenance but wireless infrastructure from five caniers gets in the way? Build a new tower! The town of Waverly is facing this challenge with water towers that double as the home for w¡reless infrastructure and New Canaan's emergency radio equipment, reported the New Canaanite. Aquarian Water Company owns the towers and according to the director of public relations Peter Fazekas, the company has 'already verbally offered to the town that we will leave the antennas on the tank for an additional year.'This means that New Canaan will have until November 2019 to construct its own tower. Aquarian Water Company is working with the town to ensure there is no gap in coverage. New Canaan Town Attomey lra Bloom expressed the importance of the inftastructure, stating that it does 'serve an extremely valuable function for New Canaan residents, not only providing ernergency communication services but providing quality cellular service to a wide area." lnterestingly, there seems to be some confusion over whether Aquarian has the authority to "discont¡nue'the infrastructure. According to Bloom, Aquarian may not remove wireless equipment from the towers without the mun¡cipality's consent. However, according to Fazekas, Aquarian holds contrasts with five caniers that lease space on the tower and fuur of those arc expiring. "We are not terminating them-they are at the end of their contract and so we would not renew them, so because of lhat we do not need town approval because they're not being renewed," Fazekas said. When Ít comes to the fifth contract, Aquarian will require the town's approval to terminate the agreement. ln the meantime, it looks like New Canaan will need to start planning for a new tower. Published Eeptonber 18, 2017 Rüff6I:i Complimentary Trial SÍgn Up 27 Northwestern Drive, Salem, New Hampshire 03079 ●603-421-0470 (Office)● 603-893-1104 (FAX) September 26, 2017 Via Email to rpercival@ci.reading.ma.us Ryan A. Percival Town of Reading 16 Lowell Street Reading, MA 01867-2683 Re:Town of Reading Request for Information –Proposed Cell Tower AT&T Site Number -MAL03293 AT&T Site Name -READING WATER TANK Dear Mr. Percival: SAI Communications is a contractor for New Cingular Wireless PCS, LLC by and through its manager AT&T Mobility Corporation, (AT&T).In response to the Town’s Request for Information (RFI)about the proposed tower on Auburn Street ,AT&T is responding to the topics of interest.AT&T currently has a wireless facility with antennas on the water tank and a communications shelter at the base . 1)Current propagation map -Find enclosed the following maps entitled: a.Reading overview –Identifies AT&T’s existing site at Auburn Street (site number MAL03293)and other adjacent existing sites near and around Reading. b.Current Coverage –Current AT&T coverage from the existing site at a centerline height of 85 feet on the tank and coverage from adjacent existing sites near and around Reading.Coverage is represented by the color green. c.Coverage without MAL03293 –Coverage without AT&T’s site on Auburn Street. 2)Proposed tower propagation map -Find enclosed the following maps entitled: a.Coverage at new location -Coverage on the proposed tower at a proposed centerline height of 125 feet.Coverage is represented by the color tan. b.Coverage overlay Old vs New –Note “Old”is current coverage in green and the “New”is coverage on the proposed tower in tan. 27 Northwestern Drive, Salem, New Hampshire 03079 ●603-421-0470 (Office)● 603-893-1104 (FAX) 3)Currently, AT&T is not seeking any new locations in the Town of Reading for a wireless facility. 4)Currently,small cell sites are being deployed to fill small coverage holes in the wireless network as well as provide additional capacity.Small cell coverage can be very limited due to lower radiation centers (typically poles at 30 feet), smaller antenna form factor, and limited space available to add capacity/equipment. Building or surrounding cluster also affects the propagation/coverage greatly due to lower rad center. Small cell also have low in-building penetration due to low power, low ant gain, and low rad center.Find enclosed the following maps entitled: a.Coverage Small Cell A -Coverage from a single small cell site on a typical 30 foot pole located on Auburn Street adjacent to the water tank. b.Cover Small Cell B –Coverage from a single small cell site at a different location in town that shows how surrounding buildings and structures affect the coverage. Because of these reasons,many AT&T small cell sites would be needed to equal the coverage needed for just one typical macro site like AT&T’s site located on the water tank on Auburn Street. 5)Find enclosed (2) theoretical maximum permissible exposure studies. The first considers AT&T’s emissions on the water tank at the current 85 foot centerline height and the second considers AT&T’s emissions on the proposed tower at a 125 foot centerline height. Both calculate that the emissions are within the FCC Standard for Uncontrolled/General Public and Controlled/Occupational Maximum Permissible Exposure (MPE). If you have any questions or wish to meet to discuss these topics of interest please don’t hesitate to contact the undersigned at (603) 560-6185. Sincerely, Carl Aquilina SAI Communications, Inc. 603-560-6185 Reading overview Current CoverageCoverage plots prepared by Deepak Rathore, AT&T RF Engineer Coverage without MAL03293Coverage plots prepared by Deepak Rathore, AT&T RF Engineer Coverage at new locationCoverage plots prepared by Deepak Rathore, AT&T RF Engineer Coverage overlay Old vs NewCoverage plots prepared by Deepak Rathore, AT&T RF Engineer Coverage Small cellCoverage plots prepared by Deepak Rathore, AT&T RF Engineer Coverage Small cellCoverage plots prepared by Deepak Rathore, AT&T RF Engineer MAXIMUM PERMISSIBLE EXPOSURE STUDY THEORETICAL REPORT Site Number: MA3293 Site Name: AUBURN STREET - READING Latitude: 42.531069 Longitude: -71.105919 Address: 50 AUBURN STREET READING, MA 01867 Conclusion: AT&T’s existing antenna installation on the Watertank at the 85 foot RAD Center is calculated to be within the FCC Standard for Uncontrolled/General Public and Controlled/Occupational Maximum Permissible Exposure (MPE). Prepared by: SAI Communications 27 Northwestern Drive Second Floor Salem, NH 03079 (603) 421-0470 Date of Report: September 18, 2017 Page 2 Table of Contents Introduction .................................................................................................................................................. 3 RF Exposure Prediction Method .............................................................................................................. 3 Case Summary ........................................................................................................................................... 4 RF Design Specifications .......................................................................................................................... 4 FCC Guidelines .......................................................................................................................................... 5 FCC RF Exposure Limits .......................................................................................................................... 6 Calculation Results (6ft AGL) ................................................................................................................... 7 Statement of Certification .......................................................................................................................... 8 APPENDIX A - REFERENCES ................................................................................................................ 9 Page 3 Introduction SAI Communications has conducted this theoretical analysis for AT&T, to ensure that the proposed radio facility complies with Federal Communications Commission (FCC) regulations. This report will show that, through the use of FCC suggested prediction methods, the radio facility in question will be in compliance with all appropriate Federal regulations in regards t o Radio Frequency (RF) Exposure. RF Exposure Prediction Method Power Density is calculated in accordance with FCC OET Bulletin 65 formula (3): Where: S = Power Density P = Power input to the antenna G = Gain of an antenna R = Radial distance =√𝐺2 +𝑉2 H = Horizontal distance from antenna V = Vertical distance from antenna = 𝑉𝑎−𝑉𝑎 Va = Antenna height above ground Vb = Calculation height above ground = 6ft S =𝑃∗𝐺 4 ∗π ∗R2 R Ground Level V Va H Calculation Point Vb Page 4 Case Summary The proposed radio facility will have a radiation center of 85ft located at the following geographic coordinates: Latitude: 42.531069 Longitude: -71.105919 See sketch below for specific property location. RF Design Specifications AT&T Mobility is planning to install 6 panel antennas, 2 per sector for UMTS and LTE Technologies with azimuths of 30-150-270 for alpha-beta-gamma sectors. Table below shows the technical data used for the calculation. UMTS850 LTE700BC LTE700DE LTE1900 LTEWCS Antenna Type: CCI HPA-65R-BUU-H8 Antenna Gain (dBd) 14.05 12.75 12.75 15.25 15.65 Rad Center, AGL (ft) 85 85 85 85 85 ERP (dBm) 61.83 61.75 61.75 66.03 64.65 No of Radios 1 1 1 1 1 Page 5 FCC Guidelines Table 1. MPE Limits for General Population/ Uncontrolled Exposure Frequency Range (MHz) Electric Field Strength (V/m) Magnetic Field Strength (A/m) Power Density (mW/cm2) Averaging Time for |E|2, |H|2 , or S (Minutes) 0.3 – 1.34 614 1.63 (100)* 30 1.34 -30 824/f 2.19/f (180/f2)* 30 30 – 300 27.5 0.073 0.2 30 300 – 1500 -- -- f/1500 30 1500– 100,000 -- -- 1.0 30 f = frequency in MHz * = Plane wave equivalent power density General population/uncontrolled exposures apply in situations in which the general public may be exposed, or in which persons that are exposed as a consequence of their employment may not be fully aware of the potential for exposure or can’t exercise control over their exposure. Table 2. MPE Limits for Occupational/Controlled Exposure Frequency Range (MHz) Electric Field Strength (V/m) Magnetic Field Strength (A/m) Power Density (mW/cm2) Averaging Time for |E|2, |H|2 , or S (Minutes) 0.3 – 3.0 614 1.63 (100)* 6 3.0 – 30 1842/f 4.89/f (900/f2)* 6 30 – 300 61.4 0.163 1.0 6 300 – 1500 -- -- f/300 6 1500– 100,000 -- -- 5.0 6 f = frequency in MHz * = Plane wave equivalent power density Occupational/controlled limits apply in situations in which persons are exposed as a consequence of their employment provided those persons are fully aware of the potential for exposure and can exercise control over their exposure. Limits for occupational/controlled exposure also apply in situations when an individual is transient through a location where such occupational/contro lled limits apply provided he or she is made aware of the potential for exposure. Page 6 FCC RF Exposure Limits Maximum Permissible Exposures. Occupational/Controlled and General Population/Uncontrolled MPE’s are functions of frequency. FCC MPE LIMITS (mW/cm2) EXPOSURE ENVIRONMENT AT&T FREQUENCY BANDS Cellular PCS General Public (Uncontrolled) 0.59 1.0 Occupational (Controlled) 2.93 5.0 Page 7 Calculation Results (6ft AGL) The following charts show the graphical representation of the calculated AT&T contribution on power density levels and % MPE at 6ft above ground, as horizontal distance from antenna increases. The calculations take into account the vertical pattern of the antennas and represent the immediate direction of each sector azimuth within the antenna horizontal beamwidth. The calculations also assume line of site to the antennas and the result will be lower if measured indoor due to in-building penetration loss. Power Density and %MPE Page 8 Statement of Certification I certify to the best of my knowledge that the statements contained in this report are true and accurate. The theoretical computations contained are based on FCC recommended methods, with industry standard assumptions & formulas, and complies with FCC mandated Maximum Permissible RF Exposure requirements. A comprehensive field survey was not performed prior to the generation of this report. If questions arise regarding the calculations herein, SAI Communications recommends that a comprehensive field survey be performed to resolve any disputes. ____________________________ September 18, 2017 Sanket Joshi Date RF Engineer SAI Communications Page 9 APPENDIX A – REFERENCES FCC Radio Frequency Safety http://www.fcc.gov/encyclopedia/radio-frequency-safety FCC OET Bulletin 56 https://transition.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet56/oet56e4.pdf FCC OET Bulletin 65 https://transition.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet65/oet65.pdf National Council on Radiation Protection and Measurements (NCRP) http://www.ncrponline.org American National Standards Institute (ANSI) http://www.ansi.org Environmental Protection Agency (EPA) https://www3.epa.gov/radtown/wireless-technology.html National Institutes of Health (NIH) http://www.niehs.nih.gov/health/topics/agents/emf/ Occupational Safety and Health Agency (OSHA) http://www.osha.gov/SLTC/radiofrequencyradiation/ International Commission on Non-Ionizing Radiation Protection (ICNIRP) http://www.icnirp.org/ MAXIMUM PERMISSIBLE EXPOSURE STUDY THEORETICAL REPORT Site Number: MA3293 Site Name: AUBURN STREET - READING Latitude: 42.531101 Longitude: -71.10562 Address: 50 AUBURN STREET READING, MA 01867 Conclusion: AT&T’s proposed antenna installation on the proposed tower at 125 foot RAD center is calculated to be within the FCC Standard for Uncontrolled/General Public and Controlled/Occupational Maximum Permissible Exposure (MPE). Prepared by: SAI Communications 27 Northwestern Drive Second Floor Salem, NH 03079 (603) 421-0470 Date of Report: September 18, 2017 Page 2 Table of Contents Introduction .................................................................................................................................................. 3 RF Exposure Prediction Method .............................................................................................................. 3 Case Summary ........................................................................................................................................... 4 RF Design Specifications .......................................................................................................................... 4 FCC Guidelines .......................................................................................................................................... 5 FCC RF Exposure Limits .......................................................................................................................... 6 Calculation Results (6ft AGL) ................................................................................................................... 7 Statement of Certification .......................................................................................................................... 8 APPENDIX A - REFERENCES ................................................................................................................ 9 Page 3 Introduction SAI Communications has conducted this theoretical analysis for AT&T, to ensure that the proposed radio facility complies with Federal Communications Commission (FCC) regulations. This report will show that, through the use of FCC suggested prediction methods, the radio facility in question will be in compliance with all appropriate Federal regulations in regards t o Radio Frequency (RF) Exposure. RF Exposure Prediction Method Power Density is calculated in accordance with FCC OET Bulletin 65 formula (3): Where: S = Power Density P = Power input to the antenna G = Gain of an antenna R = Radial distance =√𝐺2 +𝑉2 H = Horizontal distance from antenna V = Vertical distance from antenna = 𝑉𝑎−𝑉𝑎 Va = Antenna height above ground Vb = Calculation height above ground = 6ft S =𝑃∗𝐺 4 ∗π ∗R2 R Ground Level V Va H Calculation Point Vb Page 4 Case Summary The proposed radio facility will have a radiation center of 125ft located at the following geographic coordinates: Latitude: 42.531101 Longitude: -71.10562 See sketch below for specific property location. RF Design Specifications AT&T Mobility is planning to install 6 panel antennas, 2 per sector for UMTS and LTE Technologies with azimuths of 30-150-270 for alpha-beta-gamma sectors. Table below shows the technical data used for the calculation. UMTS850 LTE700BC LTE700DE LTE1900 LTEWCS Antenna Type: CCI HPA-65R-BUU-H8 Antenna Gain (dBd) 14.05 12.75 12.75 15.25 15.65 Rad Center, AGL (ft) 85 85 85 85 85 ERP (dBm) 61.83 61.75 61.75 66.03 64.65 No of Radios 1 1 1 1 1 Page 5 FCC Guidelines Table 1. MPE Limits for General Population/ Uncontrolled Exposure Frequency Range (MHz) Electric Field Strength (V/m) Magnetic Field Strength (A/m) Power Density (mW/cm2) Averaging Time for |E|2, |H|2 , or S (Minutes) 0.3 – 1.34 614 1.63 (100)* 30 1.34 -30 824/f 2.19/f (180/f2)* 30 30 – 300 27.5 0.073 0.2 30 300 – 1500 -- -- f/1500 30 1500– 100,000 -- -- 1.0 30 f = frequency in MHz * = Plane wave equivalent power density General population/uncontrolled exposures apply in situations in which the general public may be exposed, or in which persons that are exposed as a consequence of their employment may not be fully aware of the potential for exposure or can’t exercise control over their exposure. Table 2. MPE Limits for Occupational/Controlled Exposure Frequency Range (MHz) Electric Field Strength (V/m) Magnetic Field Strength (A/m) Power Density (mW/cm2) Averaging Time for |E|2, |H|2 , or S (Minutes) 0.3 – 3.0 614 1.63 (100)* 6 3.0 – 30 1842/f 4.89/f (900/f2)* 6 30 – 300 61.4 0.163 1.0 6 300 – 1500 -- -- f/300 6 1500– 100,000 -- -- 5.0 6 f = frequency in MHz * = Plane wave equivalent power density Occupational/controlled limits apply in situations in which persons are exposed as a consequence of their employment provided those persons are fully aware of the potential for exposure and can exercise control over their exposure. Limits for occupational/controlled exposure also apply in situations when an individual is transient through a location where such occupational/contro lled limits apply provided he or she is made aware of the potential for exposure. Page 6 FCC RF Exposure Limits Maximum Permissible Exposures. Occupational/Controlled and General Population/Uncontrolled MPE’s are functions of frequency. FCC MPE LIMITS (mW/cm2) EXPOSURE ENVIRONMENT AT&T FREQUENCY BANDS Cellular PCS General Public (Uncontrolled) 0.59 1.0 Occupational (Controlled) 2.93 5.0 Page 7 Calculation Results (6ft AGL) The following charts show the graphical representation of the calculated AT&T contribution on power density levels and % MPE at 6ft above ground, as horizontal distance from antenna increases. The calculations take into account the vertical pattern of the antennas and represent the immediate direction of each sector azimuth within the antenna horizontal beamwidth. The calculations also assume line of site to the antennas and the result will be lower if measured indoor due to in-building penetration loss. Power Density and %MPE Page 8 Statement of Certification I certify to the best of my knowledge that the statements contained in this report are true and accurate. The theoretical computations contained are based on FCC recommended methods, with industry standard assumptions & formulas, and complies with FCC mandated Maximum Permissible RF Exposure requirements. A comprehensive field survey was not performed prior to the generation of this report. If questions arise regarding the calculations herein, SAI Communications recommends that a comprehensive field survey be performed to resolve any disputes. ____________________________ September 18, 2017 Sanket Joshi Date RF Engineer SAI Communications Page 9 APPENDIX A – REFERENCES FCC Radio Frequency Safety http://www.fcc.gov/encyclopedia/radio-frequency-safety FCC OET Bulletin 56 https://transition.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet56/oet56e4.pdf FCC OET Bulletin 65 https://transition.fcc.gov/Bureaus/Engineering_Technology/Documents/bulletins/oet65/oet65.pdf National Council on Radiation Protection and Measurements (NCRP) http://www.ncrponline.org American National Standards Institute (ANSI) http://www.ansi.org Environmental Protection Agency (EPA) https://www3.epa.gov/radtown/wireless-technology.html National Institutes of Health (NIH) http://www.niehs.nih.gov/health/topics/agents/emf/ Occupational Safety and Health Agency (OSHA) http://www.osha.gov/SLTC/radiofrequencyradiation/ International Commission on Non-Ionizing Radiation Protection (ICNIRP) http://www.icnirp.org/