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Merrimack Valley Planning Commission

Request for Proposal

MVPC001.15

Develop and Operate Wireless Communication Structures

Proposal Due Date: Thursday, January 29, 2015, 12:00 P.M.

Merrimack Valley Planning CommissionDennis A. DiZoglio, Executive Director

160 Main StreetHaverhill, MA 01830

Telephone: (978) 374 - 0519Facsimile: (978) 372 - 4890

MVPC001.15 - Wireless Communication Structures RFP 1

Request for Proposal MVPC001.15

Develop and Operate Wireless Communication Structures

January 5, 2015

I. General Information and Proposal Submission Requirements

A. In 2007 several Merrimack Valley Planning Commission (MVPC) member communities formed the Merrimack Valley Mayors & Managers Coalition (MVMMC) to collaborate and develop regional solutions to municipal issues and discuss common governmental challenges. One of the MVMMC’s prime objectives is to help its communities collectively manage common tasks to increase efficiency, reduce service delivery costs and meet community priorities for service enhancements. A common task specifically identified by the Mayors and Managers was to ensure a robust wireless network in their community and to generate a long-term revenue stream to benefit their taxpayers. The Merrimack Valley Planning Commission acts as the administrative agent for the Coalition.

B. Pursuant to M.G.L. Chapter 30B, the Merrimack Valley Planning Commission seeks proposals from experienced site acquisition firms to identify, market, construct, operate, maintain and support of shareable wireless infrastructure sites for the purpose of advising and assisting Merrimack Valley municipalities (Amesbury, Andover, Boxford, Georgetown, Groveland, Haverhill, Lawrence, Merrimac, Methuen, Newbury, Newburyport, North Andover, Rowley, Salisbury and West Newbury) in the planning, development and operation of wireless communications structures within the 15 Cities and Towns in the MVPC district.

C. Proposals are to be submitted by 12:00 p.m., Thursday, January 29, 2015, at which time they will be publicly opened. Postmarks will not be considered. Proposals submitted in any other form, including email and facsimile, will not be accepted as valid proposals.

D. Envelopes containing sealed proposals will be accepted by the Merrimack Valley Planning Commission, 160 Main Street, Haverhill MA 01830 until the time indicated. M.G.L. Chapter 30B requires that price proposals must be separate from technical proposals. It is the sole responsibility of the Proposer to ensure that the proposal arrives on time at the MVPC Office. Six separate sealed envelopes, five containing the technical proposal marked “Technical Proposal” and one containing the price proposal marked “Price Proposal”. In addition, a copy of the “Technical Proposal” will also be submitted in a PDF file format on a CD.

E. The participating communities will be the Awarding Authority and seek to expedite the award and execution of the contract documents. A community selection committee will review and score the proposals and may select most qualified teams for final interviews prior to making recommendation for Contract award and price negotiation. It is the intent of the Awarding Authority to award a Professional Services Contract within ten (10) calendar days after final award decision has been made. Services under the Contract will commence as soon as practical thereafter.

F. If any changes are made to the Request for Proposal (RFP), an addendum will be issued. Addenda will be mailed, faxed, or emailed to all Proposers on record as having picked up/downloaded the RFP. Proposers shall be responsible for ensuring that all addenda are in receipt prior to proposal deadline. The Awarding Authority will require acknowledgement of any addenda issued to be included on the proposal form.

G. Questions concerning this proposal must be submitted in writing to: Dennis DiZoglio, MVPC Executive Director (email [email protected]), before 2:00 PM on Monday, January 19, 2015. Questions may be mailed, emailed or faxed. Written responses will be emailed or faxed to all Proposers on record as having


mailto:[email protected]

picked up/downloaded the RFP.

H. After the proposal opening, a Proposer may not change any provision of the proposal in a manner prejudicial to the interests of the Awarding Authority or fair competition. Minor informalities will be waived or the Proposer will be allowed to correct them. If a mistake and the intended proposal are clearly evident on the face of the proposal document, the mistake will be corrected to reflect the intended correct proposal, and the Proposer will be notified in writing.

I. The Awarding Authority may cancel this RFP, or reject in whole or in part any and all proposals, if the Awarding Authority determines that the cancellation or rejection serves the best interests of the Awarding Authority.

J. All proposals submitted in response to this RFP must remain firm for ninety (90) days following the proposal opening.

K. A proposal must be signed as follows: 1) if the Proposer is an individual, by her/him personally; 2) if the Proposer is a partnership, by the name of the partnership, followed by the signature of each general partner; and 3) if the Proposer is a corporation, by the authorized officer.

II. Proposal Submission Requirements : Proposers must complete and submit the following materials: A. Technical Proposal B. Price Proposal (Appendix A) C. Certifications (Appendix B) D. Client References Form (Appendix C)

III. R ule for Award

The Awarding Authority shall award a contract to the most advantageous Proposer taking into consideration the price and technical proposals

IV. Additional Contract Terms & Conditions A. The contract shall be governed by and construed in accordance with the laws of the Commonwealth of

Massachusetts. The proposal must comply with all Federal, State, and municipal laws, ordinances, rules and/or regulations.

B. The term of the contract will be for ten (10) years commencing on execution of Professional Services Agreement. The MVPC, at its sole option, may extend the contract for an additional ten (10) years.

C. Purchases of goods and services by the Awarding Authority are exempt from the payment of Federal excise taxes and the Massachusetts sales tax, and any such taxes must not be included in the price computations.

D. The successful Proposer will not be permitted to assign or underlet the contract, nor assign either legal or equitably, any monies hereunder, or its claim thereto, without the previous written consent of the Awarding Authority.

E. Verbal orders are not binding on the Awarding Authority and work done without formal Purchase Order or Contract are at the risk of the Proposer and may result in an unenforceable claim.

F. All words, signatures and figures submitted on the proposal shall be in ink. Proposals which are conditional,


obscure or which contain additions not called for, erasures, alterations or irregularities, or any prices which contain abnormally high or low amounts for any item, may be rejected as informal. More than one proposal from the same Proposer will not be considered.

G. The selected Proposer will be required to sign a contract with the Awarding Authority in which he/she accepts responsibility for the performance of services as stated in the submitted proposal and be prepared to commence work immediately upon execution of the signed contract

H. Ownership of Information: All information acquired by the Proposer from the Awarding Authority, the municipalities or from others at the expense of the Awarding Authority in the performance of the agreement shall be and remain the property of the Awarding Authority. All records, data files, computer records, work sheets, and all other types of information prepared or acquired by the Proposer for delivery to the Awarding Authority and the municipalities shall be and remain the property of the Awarding Authority. The Proposer agrees that he/she will use this information only as required in the performance of this agreement and will not, before or after the completion of this agreement, otherwise use said information, or copy or reproduce the same in any form, except pursuant to the sole written instructions of the Awarding Authority. The Proposer further agrees to return said information in whatever form it is maintained by the Proposer.

I. The performance and payment obligations of the Awarding Authority will be subject to appropriation or availability of funds. If the Awarding Authority should not, for any reason at any time appropriate or otherwise make available funds to support continuation of performance in any fiscal year succeeding the first year, the Awarding Authority will cancel any contract pursuant to this RFP without penalty to the Awarding Authority upon thirty (30) days written notice to the successful Proposer.

J. If at any time the successful Proposer fails to fulfill or comply with any of the requirements of this proposal/contract, the Awarding Authority, at its option, can terminate this contract upon thirty (30) days written notice to the firm.

K. The selected Proposer must indemnify the Awarding Authority for any damages that are the result of its negligence or that of its employees.

L. All information presented in this RFP, including information disclosed by the Awarding Authority or the municipalities during the proposal process, is considered confidential. Information shall not be released to outside parties and the RFP shall not be discussed with anyone at the Awarding Authority or the municipalities, other than the known participants, without written consent of the Awarding Authority. A Proposer shall not discuss his/her proposal with another proposer.

M. The Awarding Authority is an Affirmative Action/Equal Opportunity Employer and, in its goods and services procurements, encourages the participation of minority, women-owned and disadvantaged business enterprises

V. Scope of Work: The Contractor shall be required to provide all labor, materials and expenses to perform the following tasks:

A) Submit a report of sites that are considered viable locations for the installation of wireless telecommunications facilities.

B) Market Merrimack Valley Planning Commission (“MVPC”) member community owned or controlled tower sites, rooftops, raw land parcels and other properties (“ Member Community Real Estate Holdings”)

C) Market newly developed tower sites, rooftops or other wireless infrastructure installed by the Contractor to approved Carriers.

D) Conduct procurement under the requirements established under Massachusetts General Laws (MGL) Chapter


30B, Section 16 - Real Property to qualified carriers.

E) Provide all capital funding required for Contractor to develop, own and construct new telecommunications facilities infrastructure to include all associated expenses.

F) Prepare and present each Carrier collocation or new development opportunity on Member Community. G) Real Estate Holdings to the designated representative for review and approval. Prepare site construction

packages, to include a license exhibit, zoning and permitting drawings.

H) Prepare architectural/engineering design drawings and provide as-builts in both hard copy as well as electronic format.

I) Secure all necessary governmental approvals including Federal Aviation Administration (FAA), State Historic Preservation Office (SHPO), National Environmental Policy Act (NEPA), Phase 1 and/or Phase II, abatement quotes, environmental studies, storm water management studies, zoning approvals, building permits, site plan approvals, easements, and any other governmental approval required for the construction of new telecommunications facilities. In the event any waivers or modifications of the Zoning Ordinance or other government requirements are necessary, all fees and steps necessary to amend or waive the requirements are the sole responsibility of the Contractor.

J) Contractor or subcontractor hired by Contractor shall install all new infrastructure or wireless telecommunications equipment on Member Community Real Estate Holdings, in coordination with the Member Community.

K) Negotiate sub-license agreements for installation of new telecommunications facilities, amendments and extensions to existing agreements for use with third party approved Carriers.

L) Contractor is responsible for ensuring compliance with all recommendations and regulations.

M) Provide the Member Community with monthly rental and income reports for all sites managed by the Contractor, as well as, updates for all new installations.

N) The Contractor must establish formal evaluation and quality control procedures to monitor each facet of the Agreement between the Member Community and Contractor. The evaluation and quality control procedures must provide sufficient information to allow the Member Community to monitor the Contractor’s progress and effectiveness. The Member Community will use the report summarizing licensing and marketing to evaluate the effectiveness of the services provided on an annual basis. The Contractor will submit the quality control report to the Contract Administrator identified by the Member Community annually on a date to be mutually agreed upon.

O) Pay any associated taxes as a result of the new telecommunications facilities infrastructure developed by Contractor.

P) Provide telecommunications facility designs, including tower and foundation designs, for all new facilities and an updated structural report certified by an engineer that the facilities, including tower or other structure, has adequate capacity to hold the proposed loading.

Q) Compensate the Member Community an agreed percentage or fixed fee for each third party license the Contractor negotiates for telecommunications facilities to be installed on existing Member Community owned facilities or new infrastructure built on Member Community property by Contractor.

VI. Proposal Evaluation Information


All proposals will be reviewed in accordance with M.G.L. Chapter 30B by an evaluation team comprised of MVPC staff and municipal representatives. The final selection will be based upon an evaluation and analysis of the information and materials required under the RFP. Proposals that meet the Quality Requirements will be reviewed for responses to the Comparative Evaluation Criteria.

Quality Requirements

The Proposer shall be a neutral host provider of shareable wireless infrastructure and not have any affiliated, wholly owned subsidiary, parent or funding partner that is in the business of commercially providing wireless services to consumers. The intent of this requirement is to develop Carrier agnostic shareable wireless infrastructure on Community owned or controlled property.

If any Quality Requirement is not met, the proposal will be REJECTED.

COMPARATIVE EVALUATION CRITERIA

The following Comparative Evaluation Criteria will be applied to all Technical Proposals the meet the Quality Requirements. Each criterion will receive one rating of “Highly Advantageous”, “Advantageous”, or “Not Advantageous”. The rating that each Criterion receives will be used to compile a composite rating for each Proposer, to be used in the Selection Process segment of this RFP.

Comparative Evaluation Criteria

Comparative Criteria Highly Advantageous Advantageous Not Advantageous

2. Organization, completeness, and clarity of proposal

Includes all submissions and demonstrates thoroughness of preparation

Includes some of the submissions

Includes none of the submissions

4. Demonstrate relationships with all Carriers at national, regional and local levels with master license agreements in place.

Demonstrated relationships with all Carriers at the national, regional and local level with master license agreements in place.

Demonstrated relationships with some Carriers at the national, regional and local level with master license agreements in place.

No demonstrated Carrier relationships at the national, regional and local level nor any master license agreements in place.

6. Years of experience in the marketing, construction, operation, maintenance, and support of shareable wireless infrastructure sites.

Have more than ten (10) years experience in the marketing, construction, operation, maintenance, and support more than fifty (50) shareable wireless infrastructure sites for a single government entity.

Have a five (5) to ten (10) years experience in the marketing, construction, operation, maintenance, and support of at least thirty (30) to fifty (50) shareable wireless infrastructure sites for a single government entity.

Have less than five (5) years experience in the marketing, construction, operation, maintenance, and support less than thirty (30) shareable wireless infrastructure sites for a single government entity.


8. Management team available to support the community to support local, state and national regulatory compliance requirements related to environmental, historical preservation, RF EME, FCC and FAA

Management team within fifty (50) miles of Haverhill, MA.

Management team within one hundred (100) miles of Haverhill, MA.

Management team greater than one hundred (100) miles of Haverhill, MA.

Interviews

Interviews may be required at the Awarding Authority's discretion after review of the technical proposals. Proposers will be provided with advance notice of at least five (5) working days. Presentations should not exceed thirty (30) minutes in length, with a question and answer period to follow.

Forms to be Included in the Technical Proposal Package

All proposers shall submit a Technical Proposal in strict accordance with the submission requirements listed below. Any firms failing to provide all of the submission requirements may be considered "not responsive" and the proposal may be rejected without further consideration.

The information submitted must include the following items:

1. Cover Letter: A letter signed by an officer of the firm, binding the firm to all comments made in the proposal is required. Include a primary contact person for the proposal.

2. Qualifications and Experience:a. Firm/Individual Name, Contact Name, Address, E-Mail and Telephone Numbers involved on the

project.b. Firm/Individual History including length of time the firm/individual has been in business, legal form

(sole proprietorship, partnership, corporation and State of incorporation), number and location of offices, number of employees, and other pertinent data. Please describe any parent/ subsidiary/affiliate relationships.

c. Names(s) of principals of firm(s). In addition, submit the name and telephone number of the person who will be the main contact from the firm for this contract.

d. Outline the methodology to identify potential structure sites, marketing strategy to attract Carriers, construction plans as well as plans to operate, maintain and support the structures and their sites.

e. Demonstrate proven track record of providing all forms of shareable wireless infrastructure (towers, rooftops, small cell solutions (DAS, WiFi and Microcell) etc.)

f. Have an assigned team experienced in the development within the Merrimack Valley of new shareable wireless infrastructure.

g. Demonstrate the ability of the proposed management team to support local, state and national regulatory compliance requirements related to environmental, historical preservation, RF EME, FCC and FAA.

h. Demonstrate relationships with all Carriers at national, regional and local levels with master license agreements in place.

i. Provide documentation supporting compliance with all EIA/TIA 222 inspection standards.


j. Identify dedicated in-house resource with the requisite experience and background to help in the design and implementation of their public safety dispatch system. This is intended to ensure that as the Community maintains the integrity of its system during the process of adding new antenna sites, changing antenna configurations or the eventual migration of its system from the 470-512 MHz range (Channel 14 of the T-Band) to the new frequency band as mandated by the FCC.

k. Resumes of all personnel who will be assigned to this contract. Describe what each individual's role will be and what services they will perform.

l. Indicate whether or not your firm has been dismissed or disqualified from a bid/contract within the past five years, and if yes, the reason(s) why.

m. A list of municipal/organizational references related to similar services. This information will be included on the Client References form in Appendix C.

n. Describe how your organization is properly licensed, bonded and/or insured (both fidelity insurance and errors and omissions insurance).

o. Disclose any conditions (e.g., bankruptcy or other financial problems, pending litigation, planned office closures, impending merger) that may affect your organization’s ability to perform contractually.

3. Signed and completed Appendix B (Certifications).

4. Signed and completed Appendix C (Client References).

5. Acknowledgment of Addenda: Each Proposer shall acknowledge the receipt of any addenda by signing and including it with their proposal.

Form to be Included in the Price Proposal Package

All proposers shall submit a Price Proposal in strict accordance with the submission requirement listed below. Any Proposer failing to provide the following submission requirement will be considered "not responsive" and the proposal may be rejected without further consideration.

1. The information submitted must include the attached Fee Proposal Form (Appendix A).


Appendix ALease Proposal Form

The lease will provide for lease payment escalation at the rate of not less than 3% per year.

PeriodProposed Number of Wireless

Communication Structures Proposed Lease PaymentsYear 1Year 2Year 3Year 4Year 5Year 6Year 7Year 8Year 9

Year 10Year 11Year 12Year 13Year 14Year 15Year 16Year 17Year 18Year 19Year 20

Total

Includes Addenda(s): ______________

Firm Name ____________________________

Address ________________________________________________________

Signature of Official ____________________________Printed Name of Official ____________________________Title of Official ____________________________

Phone Number ____________________________

E-Mail Address ____________________________

Date ____________________________


Appendix BCertifications

NON-COLLUSION

The undersigned certifies under penalties of perjury that this proposal has been made 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.

TAX COMPLIANCE

Pursuant to M.G.L. Chapter 62C, Sec. 49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

CERTIFICATE OF FOREIGN CORPORATION

The undersigned hereby certifies that it has been duly established, organized, or chartered as a corporation under the laws of: ________________________________________________

(Jurisdiction)The undersigned further certifies that it has complied with the requirements of M.G.L. c. 30, & 39L, and with the requirements of M.G.L. c. 181 relative to the registration and operation of foreign corporations within the Commonwealth of Massachusetts.

______________________________________________________ Signature of Authorized Company Official

______________________________________________________ Print Name

______________________________________________________Name of Firm


Appendix CClient References

Provide a list of municipal/organizational client references for which your firm has provided similar site acquisition services within the last five (5) years.

Governmental Entity Contact Person Telephone Number E-mail Address


Appendix DProfessional Services Agreement


CITY/TOWNPROFESSIONAL SERVICES AGREEMENT

FOR CONSULTING TECHNICAL ASSISTANCE DEVELOPMENT AND OPERATING WIRELESS COMMUNICATION STRUCTURES

WITH

This Professional Services Agreement is made and entered into this _______ day of _____, 2015, by and between the City/Town, an a-political body having its principal place of business at ________, and [Consultant name and address to be inserted] It is agreed between the parties hereto as follows:

SCOPE OF SERVICES, DELIVERABLES: (To be inserted as outlined in the Specifications and the Request for Proposals.)

CONTRACTUAL RELATIONSHIP: The Consultant shall provide services described in the contract documents, which shall be as detailed in the specifications contained in the Request for Proposal which are incorporated herein and made a part hereto, including all addenda issued prior to execution of this Agreement. While so performing the services under this Agreement, Consultant and the City/Town agree, understand and recognize that pursuant to M.G.L. Chapter 149, §148B, Consultant is: (1) free from control and direction in connection with the performance of the service, both under this Agreement and in fact; and (2) the service is performed outside the usual course of the business of the City/Town; and, (3) the Consultant is customarily engaged in an independently established trade, occupation, profession or business of the same nature as that involved in the execution of the service.

APPLICABLE LAW: This Agreement shall be construed in accordance with the Uniform Procurement Act, Chapter 30B, and other laws of the Commonwealth of Massachusetts.

PAYMENT TERMS AND SCHEDULE: The Consultant shall receive a price of ____________ [to be inserted] to complete all tasks associated with the Scope of Work included as Attachment A. Consultant shall submit invoices monthly detailing task progress and billing rate as per the Price Proposal attached attached hereto

TAX COMPLIANCE: The Consultant has provided certification of tax compliance in accordance with M.G.L. Chapter 62C, §49A.

UNEMPLOYMENT CONTRIBUTION: The Consultant has provided certification of unemployment contribution or payments in lieu of contributions in accordance with M.G.L. Chapter 151A, §19A.

DEBARMENT: The Consultant certifies under penalty of perjury that the said undersigned is not presently debarred from entering into a public contract in the Commonwealth of Massachusetts under the provisions of M.G.L. Chapter 29, §29F, or any other applicable debarment provisions of any other chapter of the Massachusetts General Laws or any rule or regulation promulgated there under.

INDEMNIFICATION: The Consultant, at its expense, shall to the maximum extent permitted by law, indemnify and save harmless the participating communities, its officers, agents and employees from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, and expenses (including reasonable attorney’s fees) for any personal injury or property damage or other damages that the communities may sustain which arise out of or in connection with the Consultant’s performance of a Contract, by the Consultant, its employees, or agents, including but not limited to negligence and/or reckless or intentional conduct of the Consultant, its agents, officers, employees, sub-consultants, or subcontractors. The existence of insurance shall in no way limit the scope of this indemnification. Consultant further agrees to reimburse the Community for damage to the Community’s property caused by the Consultant, its employees or agents, unless damage is caused by the Community’s gross negligence or willful misconduct. After prompt notification of a claim by the Community, the Consultant shall have an opportunity to participate in the defense of such claim and any negotiated settlement agreement or judgment. The communities shall not be liable for any costs incurred by the Consultant arising under this paragraph.

ASSIGNMENT PROHIBITED: Consultant agrees that it will not be permitted to assign or underlet the contract, nor assign either legally or equitably, any monies hereunder, or its claim thereto, without the previous written consent of the City/Town.

AMENDMENTS OR CHANGES: Any amendments or changes to this Agreement must be in writing, in compliance with M.G.L. Chapter 30B, and signed by officials with authority to bind the Consultant and the City/Town.


ABANDONMENT OF WORK OR OTHER DEFAULT: Consultant agrees that abandonment or delay of services, or the supply of reports after the date of execution of this Agreement, shall be a breach of this Agreement. The City/Town may, by whatever legal remedies are available to it, complete or cause to be complete, the work or services and the Consultant shall bear full responsibility of the entire cost of completing the terms of the Agreement and agrees to pay to the Communities any losses, damages, costs and expenses, including attorney’s fees, sustained or incurred by the City/Town by reason of any of the foregoing causes.

PROCUREMENT ERRORS: If errors in the procurement or bidding laws or regulations of the Commonwealth, whether said errors were made by the Consultant or the City/Town, are found to exist by any agency of the Commonwealth or by any court of competent jurisdiction, this Agreement shall become null and void.

TERMINATION: This Agreement shall terminate on the date specified in this Agreement, unless this date is properly amended in accordance with all applicable laws and regulations prior to this date, or unless terminated under this Section upon prior written notice to the Consultant; provided however, that it is further agreed by the Consultant that any breach by the Consultant of the provisions of this Agreement and its incorporated attachments shall be sufficient cause for the City/Town to terminate this Agreement five (5) calendar days after the date of a written notice to the Consultant.

SEVERABILITY: And it is further agreed by the Consultant and the City/Town that the provisions of this Agreement are severable. If any provision of this Agreement is held invalid or if any court of competent jurisdiction holds any provision unlawful or not legal, the remaining provisions shall remain in effect.

ENTIRE AGREEMENT CLAUSE: The City/Town and Consultant agree that this Agreement and its attachments constitute the entire Agreement between the City/Town and Consultant, and no other binding agreement exist other than those incorporated herein.

DURATION OF CONTRACT: It is agreed the duration of this Agreement shall be June 30 th, 2015 with options to renew/extend for two additional one-year project extensions subject to funding availability.]. These options are exercisable solely at the City/Town’s discretion. It is understood and agreed that there is no financial contractual obligation of the City/Town in this Agreement or in any years subsequent to the fiscal year in which this Agreement is executed.

IN WITNESS WHEREOF, the said Consultant, and the said City/Town hereto set our hands and seals.

FOR THE CONSULTANTBY:

___________________________________(INSERT NAME AND TITLE)

Date: __________

FOR THE City/Town:

________________________________

Date: __________


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