Commonwealth of Massachusetts

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COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF CONSERVATION AND RECREATION REQUEST FOR PROPOSALS DISTRIBUTED ANTENNA SYSTEM NODES OR SMALL CELL SITES IN DCR BOSTON REGION AND UPPER SOUTH REGION1 MASSACHUSETTS RFP # DCR 2014 600 TELECOMMUNICATIONS SITES CONTENTS INTRODUCTION ....................................................................................................................................... 2 PROPOSAL PROCESS................................................................................................................................ 2 DESCRIPTION OF PREMISES LOCATIONS ................................................................................................ 6 SUBMISSION REQUIREMENTS FOR PROPOSAL....................................................................................... 7 A. MANDATES..................................................................................................................................... 7 B. DESCRIPTION OF ENTITY AND RELATED EXPERIENCE ..................................................................... 8 C. DESCRIPTION OF SITES, USES, EQUIPMENT TYPES ......................................................................... 8 D. COMPENSATION TO THE COMMONWEALTH................................................................................. 9 RULE FOR AWARD AND EVALUATION CRITERIA ......................................................................................... 9 SUBMISSION INFORMATION..................................................................................................................... 10 SITE VISIT VERIFICATION ........................................................................................................................... 11 PROPOSAL FORMAT: ................................................................................................................................. 11

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DCR jurisdiction in these Regions is shown on the attached Region map included herein; for example the Boston Region includes parts of Boston and Cambridge among other towns and cities; the upper South Region includes Milton, Canton, Hull and Hingham among other towns and cities. This RFP is solely for real property and structures in the care, custody and control of DCR.

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Introduction The Massachusetts Department of Conservation and Recreation (hereinafter DCR), in accordance with Mass. Gen. Laws ch. 132A §7 and ch. 92, §§ 33 and 37, DCR’s rules and regulations promulgated thereunder (including 350 and 304 Code Mass. Regs.) and all other enabling and applicable powers, offers qualified corporations or business entities in the business of providing telecommunications services to other entities or the public through the use of cellular signal transmission equipment and antennae systems, (hereinafter “Proposers” or “Permittees”) the opportunity to obtain a revocable renewable license to deploy, install, operate, manage and maintain either: 1) 2)

Distributed Antenna System Nodes; or Small Cell Sites

on existing pole locations and existing non-historic structures on land that is in the care, custody, and control of DCR at locations to be identified by the Proposers. Proposed equipment within or on structures or poles must be in or on existing structure or pole locations. Additional poles, structures or locations other than that which already exist are not contemplated by the agency and may not be feasible. Attachments to existing structures may be proposed but in several instances need to be completely unobtrusive. No large shelters or buildings above or below ground for ancillary equipment will be considered. Sites and space will be awarded to proposers depending upon their proposed uses, equipment, space requirements, and compensation. The successful proposers will receive a five (5) year license to deploy approved equipment on the identified and approved structures or poles. In many instances proposers who win a location will have to identify and obtain any additional or special permits from other local, state and federal entities (i.e, Massachusetts Historic Commission, NHESP, etc.). The minimum proposal amount is Two Thousand Five Hundred ($2,500.00) Dollars for each pole/location for the initial year not including maintenance, installation and permitting costs, style, insurance or other proposer expenses. Proposals lower than minimum amount will automatically be disqualified and rejected. Upon Notice to the Apparent Winning proposal the successful proposer shall remit a deposit of One Thousand ($1,000.00) Dollars per location to be credited toward the first year of operation.

Proposal Process Overview A Site Visit prior to submission of a proposal is mandatory. RF testing will be allowed by permittees as needed. Proposed locations and Proposers’ questions must be submitted in writing. Approved sites and answers to the questions will be posted on Comm-Buys and if feasible faxed or e-mailed to all Proposers. All proposers should familiarize themselves with Comm-Buys. Information is attached to this RFP. Evaluation by DCR staff may include written questions and interviews of proposers. Proposals received will be evaluated by a panel of DCR staff. The panel will recommend acceptance of proposals by the Commissioner based upon the results of its evaluation of competitive and qualifying proposals. When the successful proposer has been chosen, a recommendation to the Commissioner of

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DCR will be made. Deposits, certificates of insurance and a signed permit will be due within ten (10) business days after the Recommendation of the Commissioner is accepted. Upon receipt of all required items a Notice of Award will be issued. Should the winning proposer fail to meet the requirements of the RFP or any other related DCR requirements, DCR may make an award to the next available proposer or withdraw the opportunity altogether. The DCR reserves the right to accept or reject any or all proposals or any part or parts thereof; to waive any defects, informalities and minor irregularities, reject any and all proposals, and to award the contract in the best interests of DCR and the Commonwealth. No costs of responding to this RFP or any addenda or other documents or attendance at meetings in connection with this RFP shall be reimbursed by DCR. The information provided in this RFP and any subsequent addenda or related documents, is provided as general information only. DCR makes no representations or warranties that the information contained herein or given by staff is accurate, complete or timely. The furnishing of such information by DCR shall not create any obligation or liability whatsoever, and each Proposer expressly agrees that it has not relied upon the foregoing information and that it shall not hold DCR Liable. Site Visits and Testing Other than a review of all legal and land related issues, proposers should conduct a visit to the Premises during the proposal period. RF Testing if any must be scheduled in coordination with DCR Engineering Department, Construction Access sub-department, the Long Term Leases and Permits staff, the Park staff at minimum. RF Testing is at the sole risk and expense of the proposers. DCR staff will not necessarily be present at all tests but can observe at anytime and require the end of testing if there is any interference with any site functions (public access particularly), work by DCR or its other permittees or contractors. RF Testing shall not interfere with pedestrian or vehicular traffic. It is advised that proposers be prepared to obtain traffic control details from DCR Rangers, Environmental Police, or the Mass State Police if necessary. Review of DCR document must be requested through the Legal Department. Send a request for specific information and location to [email protected] and [email protected] All Proposers must prove and certify that they have visited the site and completed their testing and site review by obtaining and submitting with their proposal a signature on the Site Visit sign off form shown in Section VI herein. Sign offs are obtainable from the DCR District Managers, Park Supervisors and the Office of Long Term Leases and Permits listed below. Boston Region

Neponset, Stony Brook Kevin Hollenbeck [email protected] District (Hyde Park, Boston) 617-333-7405 x 105; Stony Brook Complex (Hyde Park, Boston)

Jim Olbrys [email protected] 617-333-7405-103;

Castle Island Complex

Chris Spillane [email protected]

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Boston Region

South Region (upper or north districts)

(Dorchester, Boston)

617-727-5118;

South West Corridor Complex (Jamaica Plain, Boston) Rivers District - Boston

Holly Richardson [email protected] 617-727-0057; Stephen Cyr [email protected] 617-626-1058x 250;

Charles Complex - Boston

Steven Cyr - “

Esplanade Complex - Boston

Angelo Tilas [email protected] 617-227-0627 Bob Mackenzie [email protected] 617-727-5258 x 501

South Coast District (Milton) Blue Hills Complex

South Region (upper or north districts)

Islands District (Hingham)

Kevin Drake [email protected] 617-698-9214 Susan Kane - [email protected] 781-740-1605 x 206

Harbor Islands Complex

Denise Sarno-Bucca [email protected] 781-740-1605 x207

Nantasket Complex

Matt Tobin [email protected] 781-925-1777

DCR Office of High Ground Telecomm Long Term Leases and Permits

[email protected] E Strother [email protected] L Demas [email protected] If you cannot reach a DCR region staff person, please contact this office

All proposals shall be deemed to be made with full knowledge and understanding of the existing Premises conditions. Pre-Proposal Site Visits must be completed before questions and site selections are due. Location Identification and Questions During the Proposal Period Proposed locations and any questions must be submitted in writing and received by 5:00 p.m. on October 19, 2014, at the following address: Department of Conservation and Recreation, Attn: Long Term Leases & Permits 251 Causeway Street, Suite 600, Boston, MA 02114

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Fax: (617) 626-1351 or 1301 or E-mail: [email protected] RE: DCR 2014 600 Telecommunications Sites Questions not received by said deadline will not be answered. To ensure public notice to all prospective Proposers, DCR staff will reply to questions on the Comm-Buys site and if feasible by e-mail to all proposers. The questions and answers will be posted on or before Friday, October 19, 2014. Presentations and Interviews Following a review of the submitted mandated items and proposals that are timely and otherwise properly submitted, DCR may conduct interviews with Proposers. Interviews may be held by phone, but in-person is preferred. The purpose of any interview will be to clarify proposals and evaluate the qualities, expertise and operational concepts of the Proposer’s proposal. No additional proposal material will be accepted at interviews. Correcting, Modifying or Withdrawing Proposals Proposal documents may be corrected, modified or withdrawn at any time prior to the proposal due date when the proposal packages will be opened. Modifications should be submitted in writing, sealed and marked in the same manner as the original proposal package. Mandatory Terms and Conditions; Permit Issuance To commence operations, the Permittee must receive and sign a duly issued Award Notice. Thereafter, the DCR will draft and the parties will execute a permit agreement, based on the Draft Permit Agreement attached to this RFP document. All provisions, conditions and terms herein are obligatory and enforceable during the permit agreement drafting process. Permit Compliance and Performance The DCR will periodically review the performance of the Permittee to ensure permit compliance. If the Permittee is found to be noncompliant with any term or condition, the DCR may suspend operations and/or terminate the agreement. RFP Proposal Schedule This schedule is subject to change Pre-Proposal Site Visits and RF Testing must be October 24, 2014 completed by Preliminary location proposals and any written 5 p.m. November 7, 2014 questions to DCR must be received by Approved locations and Answers to written November 21, 2014 questions will be posted by Final Proposal packages ( including chosen November 25, 2014 sites and compensation info) due at DCR Offices End of Proposal Evaluation Period and December 5, 2014 Recommendation to Comm’r Award Notice(s) Issued By December 2014

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Deposits and Insurance Certificates due No later than ten (10) business days after Award if not already supplied Finalized Permit and Placard will be issued

TBD (applying for relevant permits from DCR Engineering, Local and other State entities and construction planning may begin upon Award)

Proposal Documents - Confidentiality/Public Records Any information provided to the DCR in any proposal or other written or oral communication between the Proposer and the DCR will not be, or deemed to have been, proprietary or confidential, although the DCR will use reasonable efforts not to disclose such information to persons who are not employees of, or consultants retained by, the Commonwealth or DCR, except as may be required by M.G.L. c. 66. Any items that Proposers consider proprietary, personal, or confidential should be clearly marked as such within the proposal. Conflict of Interest Any Proposer that is currently providing goods or services to the DCR as a vendor, consultant, contractor or subcontractor, or in any other capacity, should disclose all projects or contracts that the Proposer is performing for or entered into with the DCR, and the Proposer’s plan to address and resolve such conflicts of interest, if any. The DCR reserves the right, in its sole discretion, to request additional information from a Proposer on potential conflicts of interest and to limit or prohibit the participation of any Proposer due to any conflict of interest. To the extent that M.G.L. c. 268A may be applicable, the Proposers and their officers, agents and employees shall be fully responsible for ensuring their compliance with the requirements of said chapter 268A. No Personal Liability No staff or employee of the Commonwealth or DCR shall be charged personally by the Proposer with any liability under any term or provision of the RFP.

Description of Premises Locations Proposers may submit proposals for various locations [statewide] singly or in any combination of locations (hereinafter collectively and individually the “Premises or the Locations”). Locations have been identified in the Back Bay Area, along and within the Esplanade, certain sidewalk locations within DCR Reservations. Generally excluded are: vehicular bridges which have been transferred to the Massachusetts Department of Transportation (MassDOT), certain pedestrian bridges (i.e. recently reconstructed), certain infrastructure in certain roadways and parkways (i.e. the Jamaicaway, the Arborway, parts of Storrow Drive, Memorial Drive), certain park lands that may be in the purview of conservation entities, historic registers, etc., and certain park land that cannot accommodate utilities or would constitute an Page 6 of 20

unauthorized taking, easement, or disposition without an Article 97 analysis, mitigation, and legislative approval. Locations currently occupied by poles or structures of other utilities or entities on DCR land or within its right of way shall be carefully considered and may require the cooperation of those utility entities in conjunction with DCR permittees, DCR sub-departments such as park operations, engineering, planning and resource protection and legal. The ultimate permittees will be responsible for any pole or equipment and any damage to the poles or equipment and immediately surrounding land or property, caused by the poles or equipment. Whether or not any proposed use or equipment can be co-located on a pole or structure with another current or proposed entity must be considered by the proposers and discussed fully in any proposal. Interference with DCR, other state or local agency (i.e. police) or the public communications, use, or functions of the pole or site will not be acceptable. DCR and the Commonwealth make no representations or warranties, express or implied whatsoever regarding the physical or environmental condition of any particular location including without limitation the presence or potential presence of physical, archeological, environmental hazards, pollutants, contaminants or structures in the underlying land, zoning, power or other utility availability, or other issues of suitability or feasibility of the sites or structures for use as a telecommunications or wireless facility or node. Proposers must undertake their own review and analysis of the physical conditions, structural integrity of existing structures, environmental conditions, access, title, utilities, applicable federal state and local laws and regulations required permits and approvals, use potential, and other legal and non-legal conditions. Proposers must conduct their own feasibility tests to determine whether they can utilize the sites chosen for their particular use and proposed equipment. The permittee(s) will be responsible for ensuring the adequacy of any utilities and must arrange for and pay for the installation of all necessary utility infrastructure items at its (their) expense, and contract directly with utility service providers for such services. Separate metering if feasible must be undertaken by and becomes the responsibility of the permittee. The DCR must approve the planned utility installation design and placement. Utility access lines must not interfere with other lines of other users in the vicinity of the proposed site or location.

Submission Requirements for Proposal All proposals shall be in English, in writing, in a legible format, and shall present in clear and sufficient detail the following: “Mandates” must be remitted and all the subsequent sections (Description of Entity and Related Experience; Description of Sites, Uses and Equipment, and Compensation to the Commonwealth) should be provided completely. A. MANDATES Failure to remit the following will result in DCR’s immediate and automatic rejection of a proposal. 1. Official 2011 Certificate of Tax Compliance from the Department (https://wfb.dor.state.ma.us/webfile/certificate/public/webforms/AppInfo.aspx)

of

Revenue

2. Completed and signed Version 2009 Commonwealth of Mass Substitute Form W-9 (http://www.mass.gov/Aosc/docs/Forms/VendorCustomer/newMass_W9.pdf); and

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3. Documentation from an insurance company or properly licensed broker, duly licensed to conduct business within the Commonwealth, specifying that the Proposer is qualified to meet and obtain the insurance requirements specified herein. 4. List of locations for the same or similar sites with any municipality, state or other entity currently or within the past five (5) years. 5. A list of site certifications from the proposer that it has visited the sites and will be able to operate as planned at the location(s) subject to their proposal.

B. DESCRIPTION OF ENTITY AND RELATED EXPERIENCE 1. Evidence of Required Experience showing that: a.

Proposers are in the business of providing telecommunications services in Massachusetts.

b.

An organizational chart or list of contacts showing the relevant regional, district or group within the proposing entity responsible for the proposed system and site, including affiliated contractors or agents expected to be in contact with DCR, staff who can reach decision makers, and authorized signatories of the proposer.

c.

Proposers are familiar with the requirements of, and have the ability to hire engineering consultants, qualified installers, and all other support reasonably necessary for installing and maintaining the proposed system and sites.

d.

Proposers have proof of successful installations at other locations. Please include a description of Proposers system or method of repairing or obtaining repairs for its equipment.

e.

Proposers have an on time payment records for leased, licensed, permitted locations and easements. Proposers should provide at least two (2) written business references from other location owners (contact names, addresses and phone numbers). Said references must be current, qualified (in other words qualified to give such references) and competent as well as responsible and responsive.

f.

Relevant Company and division background information, Dunn & Bradstreet report;

g.

If the Proposer is a corporation or LLC, a certificate of good standing is required. If the Proposer is a foreign corporation or LLC, a good standing certificate as a Massachusetts foreign entity and a certificate of good standing from the corporation or LLC’s home state.

C. DESCRIPTION OF SITES, USES, EQUIPMENT TYPES Proposers should provide: 

A list of locations and types of equipment to be installed for those locations with sufficient specifications, pictures, and other information to allow evaluators to assess the type of equipment and whether such an installation is feasible; and



A schematic, map or other diagram showing the site(s) and power supply connections along with proposed conduit if any known to the locations proposed.

Proposers should consider how the proposed equipment will fit in with the location, park and other current uses, vehicular and pedestrian traffic, maintenance, security, etc. Proposers will often have to Page 8 of 20

match paint colors, consider styles of poles or equipment (cabinets, covers, etc.), that will be unobtrusive, or of a particular style to match DCR current or planned styles. Proposers should show sites and equipment using photographs from various angles, maps, scaled sketches, diagrams, and other graphic representation. Information panels on each pole will have to be visible on the outside of the pole or cabinet.

D. COMPENSATION TO THE COMMONWEALTH Proposers should indicate any proposed compensation to the commonwealth. Although some locations are more sought than others, the minimum proposal amount is Two Thousand Five Hundred ($2,500.00) Dollars for each pole/location for the initial year not including maintenance, installation and permitting costs, style, insurance or other proposer expenses. Proposals lower than minimum amount will automatically be disqualified and rejected. Upon receipt of a notice of an apparent winning proposal, the successful proposer shall remit a deposit of One Thousand ($1,000.00) Dollars per location to be credited toward the first year of operation, along with any other information required.

Rule for Award and Evaluation Criteria DCR is soliciting competitive proposals pursuant to a determination that such a process best serves the interests of DCR and the general public. DCR will select the most responsive proposal for telecommunication installations that fit particular settings and DCR’s mission, and taking into consideration all requirements, comparative criteria as set forth in this RFP, as well as compensation offered. The DCR may consider higher monetary compensation more advantageous than lower compensation. The numerical point system described below will assist the DCR panel in reviewing comparative criteria among the proposals. Mandates Other Criteria Description of Entity and Experience Description of Sites, Uses, Equipment Compensation Interviews Total Possible Points

Per Section IV A above

Per Section IV B above

All items must be provided Range of Points 0-10

Per Section IV C above

0-40

Per Section IV D above Per Section II B above

0-40 0 90

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Submission Information Proposals must be delivered to the following EXACT Address: Department of Conservation and Recreation 251 Causeway Street, Suite 600, Boston, Massachusetts 02114-2119 ATTN: Office of Long Term Leases and Permits – RFP # DCR 2014 600 Telecommunications Sites PROPOSED SITE LOCATION INFORMATION MUST BE RECEIVED AT THE ABOVE ADDRESS NO LATER THAN: 4:00 P.M. ON November 7, 2014 FINAL PROPOSALS ON APPROVED SITES MUST BE RECEIVED AT THE ABOVE ADDRESS NO LATER THAN: 4:00 P.M. ON November 25, 2014 TIPS AND REMINDERS:  Proposers must submit one signed unbound, hard copy original of the proposal and one copy of the proposal on disc. All envelopes shall be clearly labeled with “RFP # DCR 2014 600 Telecommunications Sites” and return mailing/contact information on the OUTSIDE. Please include a signed cover letter detailing: contact name, organization mailing address, telephone number, cellular telephone contact number, and email address INSIDE.  Final Proposals shall clearly state a compensation offer in US Dollars for each site and year of operation. The MINIMUM PROPOSAL AMOUNT is Two Thousand Five Hundred ($2,500.00) Dollars for each pole/location for the initial year not including maintenance, installation costs, style, insurance or other proposer expenses. Proposals lower than minimum amount will automatically be disqualified and rejected.  Upon Notice to the Apparent Winning proposal the successful proposer shall remit a deposit of $1,000.00 per location to be credited toward the first year of operation. The deposit acceptable only as a money order, cashier’s check or certified bank check, shall be made payable to the Commonwealth of Massachusetts.  No special preference will be given to proposals received early. No late entries will be considered. Proposers should check the Comm-Buys website frequently for updates, answers to questions and modifications or addenda to this RFP.  Comm-Buys information is attached. DCR’s Comm-Buys RFP pages should be checked frequently.

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Site Visit Verification A Site Visit prior to proposal submission is mandatory. Site Visits and RF Testing will be scheduled based on the Proposers chosen locations. Once the RF Testing and site assessment have been completed, all Proposers must prove and certify that they have visited the site by obtaining a signature from an authorized DCR staff person below and providing this verification with their proposal. All site visits must be completed before locations are confirmed by DCR. SITE INSPECTION VERIFICATION I _________________, Proposer, visited the Premises site this _____day of _________ 201_. DCR Staff: ____________________________ __________________________________ Name Signature Title: _______________________________________ Time: ______________

Proposal Format: Location Include maps and photos, location within network

Type of equipment proposed including power equipment, source and connection diagrams

Mounting on? Pole, building, inside, outside

Depiction of equipment installed (consider color, style of pole and fixture)

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Number of sub-users or entities using site, if any (not including direct public)

Compensation proposed per site annually

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EXAMPLE HIGH GROUND SPECIAL USE PERMIT NB: THIS DRAFT PERMIT CONTAINS SOME OF THE BASIC MANDATORY TERMS AND CONDITIONS REQUIRED BY DCR BUT MAY NOT CONTAIN ALL THE TERMS OF THE ULTIMATE PERMIT AGREEMENT ISSUED TO THE WINNING PROPOSER COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF CONSERVATION AND RECREATION HIGH GROUND SPECIAL USE PERMIT ISSUED TO [ENTITY NAME] FOR USE OF [Location info] IN [CITY, MASSACHUSETTS]

Commissioner executes this permit (hereinafter “Commencement Date”), at an annual fee as reflected in the below chart and expires five (5) years thereafter. Any extensions, modifications, renewals or new requests for proposals for access to the Premises shall be at the sole discretion of the Commissioner of DCR. Renewals should be requested at least three (3) months in advance of the expiration of this Permit in writing.

PARTIES This Permit is issued by the Commonwealth of Massachusetts acting by and through its Department of Conservation and Recreation with a principal place of business located at 251 Causeway Street, Boston, Massachusetts 02114-2119 (hereinafter “DCR”) to [insert entity and address](hereinafter “Permittee”).

Year

Amount /year

PURPOSE The purpose of this [insert type of permit, e.g. renewal] is to allow the Permittee to [insert use including location of equipment and shelter/cabinet space] at [insert fire tower, hill and city, state] (hereinafter collectively known as the “Premises”). AUTHORITY The DCR is acting pursuant to the authority set forth in G. L. c. 132A, §§ 7 and 2D, c. 92, §§ 33 and 37, and DCR’s rules and regulations promulgated under titles 302, 304 and 350 of the Massachusetts Code of Regulations, and all other powers enabling, as applicable. All obligations at the site(s) of the Department of Conservation and Recreation hereunder are subject to the availability of funds and to such direction and instructions as may have been or are hereinafter provided by the Governor or the General Court. AUTHORIZED USES 1. TERM OF PERMIT AND CONSIDERATION a. The initial term for this permit is five (5) years, commencing upon the date the DCR

b. As consideration for access at the Premises, the Permittee will provide the following in-kind services to DCR. c. Payments shall be made annually no later than thirty (30) days subsequent to the initial Commencement Date of this Agreement and each succeeding anniversary date thereafter. Checks shall be made payable to the “Commonwealth of Massachusetts” exclusively and should be mailed to: Department of Recreation and Conservation Finance Office – Revenue/Accounts Receivable 251 Causeway Street, Suite 600, Boston, MA 02114-2119 With a copy of payment to: Office of Long Term Leases and Permits Department of Recreation and Conservation, 251 Causeway Street, Suite 600, Boston, MA 021142119 ATTN: Manager (Emily Woodward) Tel: 617-626-1475; Fax: 617-626-1351

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Email: [email protected] or [email protected] d. The check payment memo must specify “[permittee, location, HG Permit]” and any additional site identification information. This will allow DCR finance staff to properly credit the payment. e. If Permittee desires to pay by electronic fund transfer (EFT), the payment must include the Permittee’s Vendor Code Number and an email confirmation must be sent to the DCR Finance Office/Revenue Section. To obtain a vendor code, fill out the form at this link: https://massfinance.state.ma.us/VendorWeb/E FT_FORM.pdf and send it along with a 2009 Massachusetts Substitute Form W-9 to the DCR Finance Office/Revenue Department. 2. USE AND CAPACITY a. The Permittee hereby agrees to comply with the specifications and requirements set forth below, as applicable, including the Exhibits listed, attached hereto and incorporated by reference: i. Exhibit A - [Intermodulation Study, Structural Analysis, Photos, system map]; ii. Exhibit B – [Technical Specifications]; iii. Exhibit C – Original Uses - This agreement involves transmitting and receiving certain frequencies utilizing specific output power levels and types of equipment as more particularly set forth in Exhibit C (hereinafter “Original Uses”). iv. Exhibit D – [Contact Information or other information] v. [Any additional exhibits or information as applicable; etc., b. All modifications requiring Federal Communication Commission (hereinafter “FCC”) approval will require the Permittee to submit a copy of the new station license to the DCR showing FCC authorization prior to commencing operation or construction.

c. The Permittee hereby agrees not to increase the strength of its signal(s) or to install additional equipment for transmitting or receiving distributed radio frequencies or otherwise modify its Original Uses without the prior written approval of the DCR. Said approval will not to be unreasonably withheld, conditioned or delayed. DCR shall have at least thirty (30) business days from the date of receipt of the final construction drawings and any other requested information to approve or disapprove. Permittee shall be up to date with all payments and insurance submissions. d. The Permittee hereby agrees that all approved installations or modifications will be performed at its sole cost and expense. Nonroutine modifications which require excavation (including for fencing), numerous pieces of equipment, and access over property owned by others shall be preapproved in writing by DCR. Permittees shall notify DCR of the intent of obtaining grants for equipment to be used at DCR locations. e. The Permittee hereby agrees to obtain all required permits, licenses, certificates and authorizations for the uses authorized herein at its sole cost and expense. Permittee will notify DCR prior to application to other entities for such items. f.

The Permittee hereby agrees to perform all engineering studies at its sole cost and expense. The Permittee hereby agrees that all engineering studies will be performed and signed by a registered or licensed Professional Engineer.

g. The addition of antennae or a reconfiguration that improves the overall value of the [Shelter] for the transmission or reception of radio frequencies to the Permittee is not an authorized use. Such addition or reconfiguration will require a written amendment to this Permit and may include a fee increase. h. The Permittee hereby agrees to install its [system(s)] at the location on the structure as

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authorized by the DCR. Subsequent to written approval, the Permittee may install, operate, maintain and repair its cables, pipes, conduits, lines, cable trays and other associated equipment between the fire tower and the shelter.

equipment or use thereof within thirty (30) calendar days of receipt of notification shall be deemed breach of this agreement and may be immediately terminated upon written notice to the Permittee and Permittee’s equipment may be removed.

i.

To the extent that the Permittee’s use is a legal and permitted, the Permittee may have the right to utilize any existing DCR Rights of Way, access licenses or easements to gain access to the Premises.

j.

The Permittee may have the limited right to vehicular, pedestrian and utility access for the limited purpose of performing installation, maintenance and repairs to its authorized equipment.

m. The Permittee shall use the [designated shelter area] for the purposes of maintaining and operating a [cellular communications system/DAS node] and use incidental thereto pursuant to the terms of this Permit Agreement, as Original Uses are defined herein, and for no other purpose. Any other use is subject to prior approval by the DCR in writing. Such approval to be made within the sole discretion of DCR.

k. The Permittee may access the Premises upon notice to DCR. The Permittee hereby agrees to contact the DCR staff as listed in Section 22 of this agreement or any Contact Sheet attached to this Permit to gain and confirm access to the Premises at least ten (10) business days prior to any scheduled visit. In case of emergency or non-responsiveness of either DCR or Park and Fire staff, Permittee should contact the DCR Office of Long Term Leases and Permits for access. Permittees shall comply with any other reasonable notification arrangement and such other applicable rules and policies of the DCR. The Permittee(s) hereby agree(s) that neither it nor its consultants or contractors has authorization to access other structures that may be located on the Premises. l.

The Permittee hereby agrees not to perform any modifications, rearrangements or additions to the radio system or systems included in the Original Uses other than those expressly permitted by DCR in writing. If the Permittee is found to have any non-permitted use or equipment on the Premises, upon written notice from the DCR, the Permittee shall take immediate action to discontinue the non-permitted use and remove any and all associated equipment. Failure by the Permittee to remove non-permitted

n. The parties hereto understand and agree that the Permittee’s ability to use the premises is conditioned upon the Permittee obtaining all certificates, permits, licenses and other approvals that may be required by any federal, state and local authority either before or within ninety (90) days of the Commencement Date. The DCR hereby agrees to cooperate with the Permittee in its efforts to obtain and maintain such approvals and hereby agrees to take no action that materially affects the status of the premises with respect to the Original Uses included in this permit. If any application is rejected or any certificate, permit, license or approval, including zoning approval, is terminated, canceled, withdrawn or becomes expired or lapsed by any governmental authority and the Permittee deems the premises inaccessible for the use provided herein, the Permittee may terminate this permit. Notice of the Permittee’s exercise of its right to terminate shall be provided to the DCR in writing by the next day, certified mail, return receipt requested and shall be effective thirty (30) days thereafter (hereinafter “Termination Date”). All fees paid prior to said Termination Date shall be retained by the DCR, but all fees allocated on a pro rata basis to the period subsequent to the Termination Date shall be refunded to the Permittee. Upon such

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Termination Date, this permit shall become null and void and the parties shall have no further obligation, including the payment of money, except for obligations which have matured or remain unpaid. 3. PROPERTY MAINTENANCE AND ACCESS a. The Permittee shall pay an additional fee for any maintenance costs which arise solely from improvements made by the Permittee or from its activities. Should the replacement of locks or fencing be necessary, all permittees using the Premises shall share in the expense. b. The DCR does not warrant or represent that the access road to the Premises will remain open and passable at all times and seasons of the year. Normal property maintenance will not include snow plowing or sanding of any access ways. Access in periods of inclement weather may be arranged through the DCR, at the sole cost and expense of the Permittee. 4. TECHNICAL SPECIFICATIONS The Permittee shall comply with the provisions of the technical specifications annexed hereto by DCR as Exhibit B and such other rules and regulations as DCR shall reasonably impose from time to time. DCR will endeavor to notify Permittee of any applicable technical specification, rules or regulations. DAS NODES: Each new, replacement street light post must be either identical in appearance to the street light post that it replaces, except for the addition of the DAS node equipment or the design has to be acceptable to DCR’s Engineering/Signal and Planning and Resource Protection . Each replacement street light post must be colored in such a way as to be visually identical to the existing street light post. Exact placement of the DAS node equipment is subject to approval by the DCR.

At any time that the DCR changes its street light post design in the vicinity of any of the Locations, the Permittee shall replace the street light post(s) and associated DAS node equipment so that the new street light post(s) are identical in appearance to the newly-designed street light posts. The Permittee shall be responsible for maintenance of each street light post at each Location, ensuring that sidewalks are not blocked and that pedestrian, vehicle, or any other traffic is not impeded. The Permittee shall comply with the Americans with Disabilities Act (hereinafter ADA), ensuring full access to all sidewalks, crosswalks and other pedestrian ways. SMALL CELL SITES: Any small cell site must be as small and unobtrusive as possible. Weight, size, color, background blending, structural impact, uses by park visitors, DCR operations, etc., must be considered and will be evaluated closely by DCR. Permittee shall be responsible for all maintenance ensuring compliance with any DCR or other authority requirements. permittee shall be responsible for any damage to, and required restoration of, the structure to which any equipment is attached. 5. PERMITTEE IMPROVEMENTS The Permittee may not perform improvements on the Premises in addition to the installation of the Original Uses as defined herein without the prior written approval of the DCR, which the DCR may withhold at its sole discretion. In addition to said prior written approval, the DCR must also approve of all plans prior to the Permittee filing applications for permits and prior to any construction. Notice of approval or denial of such plans shall not be unreasonably withheld or delayed. However, DCR may request clarification or additional information or documents prior to approval or denial. The DCR shall have a minimum of thirty (30) business days from the date of receipt of final construction drawings and documents to approve or disapprove of the

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project. All of Permittee’s payments and insurance certificates should be up to date in order to obtain final approval. All construction shall be performed in a professional manner by competent contractors and shall be at Permittee’s sole cost and expense. Permittee’s contractor shall be properly insured and shall supply plans and a sufficient scope of work to DCR. 6. TERMINATION BY PERMITTEE Provided that the Permittee is not in default of any obligations hereunder and has paid all fees and sums due and payable to DCR, the Permittee may terminate this agreement upon at least onehundred eighty (180) days prior written notice to DCR. Upon termination, this agreement shall be null and void and the parties shall have no further obligation thereto including the payment of monies. Any property remaining on the Premises may be deemed a fixture. 7. TERMINATION BY DCR DCR may terminate this agreement at any time and for any reason which, in their judgment, is in the best interest of the DCR by providing sixty (60) days prior written notice to the Permittee. Upon termination, this agreement shall be null and void and the parties shall have no further obligation thereto including the payment of monies. Any property remaining on the Premises may be deemed a fixture.

extensions or renewals thereof, the Permittee shall remove all equipment which the Permittee installed without damage to the Premises, site or any other permittee’s equipment, at its sole cost and expense and without damage to Commonwealth property. Any property remaining on the Premises may be deemed a fixture. 10. ASSIGNMENT The Permittee may not sublet, assign or otherwise delegate rights or duties contained herein. Permittee may not grant access to the Premises to any other Town or private, amateur or other entity. 11. NONEXCLUSIVE AGREEMENT The terms of this Permit are not to be construed as exclusive use of this State owned property. The DCR may lease, permit, rent or otherwise assign all or a portion of the remaining property at its sole discretion to other authorized permittees. However, the DCR hereby agrees not to allow any subsequent agreement-holder to interfere with the use and quiet enjoyment of the Permittee and its rights granted hereunder. 12. ELECTRICAL a. The Permittee hereby agrees not to make any claims against the DCR for loss of electrical power or other utilities regardless of the length of time of the outage. The Permittee hereby acknowledges that utility loss is beyond the authority and scope of the DCR to rectify utility loss and to perform repairs to damaged power lines and utility poles. The Permittee hereby agrees not to obstruct or interfere with the DCR or any other permitted user, including but not limited to the transmission or reception of radio signals.

8. DEFAULT Notwithstanding anything contained herein to the contrary and without waiving any other rights granted at law or in equity, each party shall have the right, but not the obligation, to terminate this agreement upon written notice, to take effect immediately, if the other party fails or has failed to perform any covenant or commits a material breach of this agreement and fails to diligently pursue a cure thereof to its completion after thirty (30) days prior written notice specifying such failure of performance or default. 9. REMOVAL UPON TERMINATION Within thirty (30) calendar days after the termination or expiration of this Permit, any

b. The Permittee hereby agrees to arrange for the installation and payment of a separate electrical meter for all of its electricity consumed on the Premises and to pay all such electricity and utility bills directly to the provider. However, upon request of the DCR or its oversight agencies, Permittee shall provide proof of arrangements and payment.

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Permittee shall provide DCR Fire Warden, Park Staff and Office of Long Term Leases and Permits with a copy of the application documents, plans and notice of the installation schedule. c. Emergency generators may be installed but only if all applicable local and state codes are satisfied, including but not limited to fuel containment and noise suppression. Permittee will be responsible for all generator maintenance. 13. NON-INTERFERENCE a. The Permittee hereby agrees not to obstruct or interfere with the DCR or any other structure user, including but not limited to the transmission or reception of radio signals or use of power. b. The Permittee hereby agrees to provide the DCR with an intermodulation study for all new transmitter frequencies. Said study shall also include the Permittee’s frequencies and all licensed public safety and business band frequencies broadcasted to or from the fire tower. c. Immediately upon receiving written notice from the DCR that its activities are causing any obstruction or interference, the Permittee hereby agrees to take appropriate action to eliminate the obstruction or interference. If said obstruction or interference cannot be eliminated within ten (10) business days, the Permittee hereby agrees to discontinue use of the equipment which is creating the obstruction or interference, except for short tests necessary to elimination of the obstruction or interference. d. Should another user or permittee cause interference or obstruction, DCR may assist permittees in resolving the issue if necessary. Methods of resolution between any conflicting permittees should be reported to DCR’s Office of Long Term Leases and Permits. DCR operations at the site shall take precedence.

14. INDEMNIFICATION The exercise of this permitted use shall constitute Permittee's acceptance of complete liability for Permittee's action upon the site and an agreement that the Permittee will indemnify and hold harmless the Department against any and all claims that may arise therefrom. The Permittee hereby agrees to indemnify, hold harmless and defend the DCR from any and all liability, damage, expense, liability, claim or cost of any kind, including reasonable attorney’s fees, resulting from or arising out of the use or occupancy by the Permittee, its contractors, employees, permittees, servants, guests, invitees or agents, including any such loss, injury, death or damage resulting therefrom, with the exception of such claims or damages as may be due to or caused by the sole negligence of DCR. Further, Permittee will not make any claims against the Department for any injury loss of damage to persons (including bodily injury and death) or property occurring from any cause arising out of the actions of the Permittee, its agents, invitees or guests. The provisions of this paragraph shall survive the termination, cancellation, modification or rescission of this permit. 15. INSURANCE a. The Permittee hereby agrees to provide and maintain public liability insurance in an amount not less than One Million ($1,000,000) Dollars for bodily injury and property damage. Permittee’s employees, consultants and contractors working on the Premises shall also provide evidence of proper insurance including but not limited to Worker’s Compensation coverage. b. Insurance as specified herein shall be maintained throughout the entire term of this agreement and any subsequent extensions at the Permittee’s sole cost and expense. Said insurance shall be provided by an insurance carrier qualified to conduct business within the Commonwealth. c. Certificates of insurance evidencing the minimum amount and types of coverage specified herein shall be provided to the DCR

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prior to the commencement date and must be provided for every year of the term. The “Commonwealth of Massachusetts Department of Conservation and Recreation” shall be explicitly named as an additional insured on all Certificates of Insurance. Certificates of insurance must include a site reference and a DCR location reference. d. Permittee shall if necessary purchase an additional endorsement to provide Notice to DCR within thirty (30) calendar days should Permittee’s insurance provisions, terms, coverage, or similar are amended, changed, suspended, expired or otherwise cancelled in any fashion. 16. COMPLIANCE WITH LAWS

cancellation, modification or rescission of this permit. 17. CASUALTY If, at any time during the term of this agreement, the structure is damaged or destroyed by fire or other incident of any kind or nature not ordinary or extraordinary, foreseen or unforeseen, the DCR shall not be obligated to repair or reconstruct said fire tower and, at the option of the DCR or the Permittee, this agreement may be terminated with thirty (30) days prior written notice to the other. Upon termination as provided within this section only, the DCR hereby agrees to refund to Permittee the prorated portion of the current annual rental payment. 18. SEVERABILITY

a. At its sole cost and expense, the Permittee hereby agrees to comply with and conform to all laws, rules, regulations, ordinances, orders and policies of the DCR and those of all other jurisdictionally applicable state, federal and local agencies, authorities, entities or bodies. The Permittee hereby agrees not to do anything to cause the DCR to be in violation of any federal, state or local laws, rules, regulations, ordinances, orders and policies. b. If the Permittee’s activities, singly or in combination with the activities of any other user, violates any local, state or federal public health standard with respect to radiation levels, the Permittee hereby agrees to immediately take appropriate action to remedy the violation, including the termination of its radio transmission/broadcasting activities. If the Permittee does not take immediate appropriate action, the DCR may take appropriate action to remedy the violation at Permittee’s sole cost and expense, including but not limited to the suspension of Permittee’s activities. Upon said termination option, this agreement shall be deemed null and void and the parties hereto shall have no further obligation including the payment of monies except for those obligations that expressly survive the termination,

If any part of this agreement is determined to be invalid, illegal, or unenforceable, such determination shall not affect the validity, legality, or enforceability of any other part of this agreement, and the remaining parts of this agreement shall be enforced as if such invalid, illegal, or unenforceable part were not contained herein. 19. MERGER CLAUSE The provisions of this permit and any attachments shall collectively constitute the permit between the parties. Any prior or contemporaneous oral or written statements that alter, contradict, or are in addition to the terms of this permit or any attachments are inadmissible. 20. WAIVER No waiver by either party at any time of the terms, conditions or covenants of this agreement shall be deemed a waiver at any time thereafter of the same provision or of any other provision contained herein, or of the strict and prompt performance thereof.

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21. NOTICES All notices provided pertaining to this agreement shall be sent in writing, by hand-delivery or postal mail, with copies by fax or e-mail to the following representatives of the parties:

251 Causeway Street, Suite 600, Boston, MA 02114-2119 Permittee:

To DCR: Department of Conservation and Recreation

Commissioner and Office of the General Counsel

22. CONTACT PERSONS DCR Contact Persons: Park Region/District Staff: Bureau of Forest Fire Control Staff:

[combination of Region Director, District Manager and/or Park Manager] [Insert applicable District Fire Warden name, address and phone number and e-mail]

Office of Long Term Permits & Leases

Permittee Contact Persons:

Office of Long Term Permits & Leases Manager Department of Conservation and Recreation 251 Causeway Street, Ste. 600, Boston, MA 02114 Tel: 617-626-1475; 617-626-1481 Fax: 617-626-1351 E-mail: [email protected]; Or [email protected] Technician/Consultant Real Estate/Leasing/Billing Office(s) Signatory Main Office

23. SIGNATORIES The parties herein have read the foregoing conditions and provisions and hereby voluntarily and cognizantly approve of and agree to these terms.

EXHIBITS TECHNICAL SPECIFICATIONS [TBD based on type of system] LOCATION PHOTOS DCR CONSTRUCTION ACCESS PERMIT OTHER INFORMATION

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