request for qualification & proposal new wireless … · strength of the signals on the tower...

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Request for Qualification & Proposal

New Wireless Communications/Cell Phone Towers

Yuba Community College District

RFQ/RFP 18-06

Issue Date: January 29, 2019

RFP Due: May 2, 2019

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RFQ/RFP Due Date: May 2, 2019, 1:00pm Sharp, Yuba College Location Delivered To:

Yuba Community College District, District Offices Attn.: David Willis District Director of Facilities Planning, Maintenance & Operations RFQ No. 18-06 YCCD New Wireless Communications/Cell Phone Towers Address: 425 Plumas Blvd., Suite 200, Yuba City, California, 95991

Yuba Community College District District Offices

425 Plumas Blvd, Suite 200 (second floor) Yuba City, California, 95991

Proposal Delivery

Location, Front Counter

at Second Floor

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TABLE OF CONTENTS 1.0 INTRODUCTION 1.1 District Information 1.2 Yuba Community College District Background 1.3 Purpose of the Request 1.4 Applicable Codes 2.0 Projects Summary 2.1 District Staff Contacts during Proposal Process 3.0 Proposal Format Organization 3.1. Proposal Delivery, Contents, and Format 4.0 Statement of Qualifications 5.0 Selection of New Cell Phone Tower Proposer 6.0 Basis of Award 7.0 Non-Discrimination 8.0 Evaluation of Proposals 8.1 Lessee General Specifications 8.2 Comparative Evaluation Criteria 8.3 Evaluation of Proposals Form 9.0 Responses to RFQ/RFP 10.0 Requests for Information (RFI) 11.0 Proposal Schedule 12.0 District Parking 13.0 RFQ Proposals 14.0 Award of Contract/Proposal 15.0 Reservation of Rights Appendix A, Statement of Qualifications Form

Appendix B, Academic Calendar

Appendix C, Agreement for Services (AFS)

Appendix D, Map of Various College Campus Locations

Appendix E, Open

Appendix F, Non-Collusion Affidavit Form

Appendix G, References Form

Appendix H, Signature Proposal Form Appendix I, Acknowledgement of Addenda Form Appendix, L, Land Lease For New Wireless Communications/Cell Phone Tower By Location Appendix M, Sample/Example of New Wireless Communications/Cell Phone Tower Lease Agreement

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1. INTRODUCTION

1.1 District Information:

The District consists of two colleges, Woodland Community College and Yuba College, with campuses located at six different locations: Yuba College in Marysville, CA; Sutter County Center in Yuba City, CA; Beale Education Center, Beale AFB, CA; Woodland Community College in Woodland, CA; Colusa County Center in Williams, CA; and Lake County Campus in Clearlake, CA. 1.2 Yuba Community College District

The Yuba Community College District (YCCD) was founded in 1927 and spans eight counties (Yuba, Sutter, Colusa, Yolo, Lake, Butte, Glenn and Placer) and nearly 4,200 square miles of territory in rural, north-central California. It has colleges in Marysville and Woodland, an educational center in Clearlake, an educational center in Williams, an educational center in Yuba City, and outreach operations at Beale Air Force Base. 1.3 Purpose Of Request

The Yuba Community College District seeks to lease space to a federally licensed communications company or a real estate company established to own, operate and develop wireless communications facilities for the installation of telecommunications equipment upon property owned by the District and located at any of the described College/District locations listed in this document. Respondents shall analyze the potential of the location and submit a proposal. All proposals must include all costs such as site investigation, surveys, electrical utilities infrastructure and locations for tie-in and new services, separate PG&E meter, fencing, generator, power conditioning, and the cell phone tower itself, all permits and local city/county approvals, design construction documents and specifications, all construction, all monitoring tie-in such as cell phone transmitter or other means, security camera, exterior lighting, roadway access, and other site improvements required for the installation of specific cell phone towers. Example pictures of other similar Cell Phone Towers similar to that which is included in this RFP shall be provided in this proposal. The height of the tower shall be described. The frequency and strength of the signals on the tower and if there are any possible adverse effects to Campus WIFI signals and Police/Maintenance radio signals shall be noted in this proposal. All security camera monitoring services shall be included and costs covered by the Cell Phone Tower provider. The Lessee shall be fully responsible for obtaining all permits in accordance with all applicable federal, state, and local laws, regulations and codes; shall bear all costs of construction and maintenance of its facilities; and shall install all equipment and facilities in such manner as will minimize any impact upon the operation or use of the property by the District. Any damages to the property that occur as a consequence of the installation of equipment and facilities by the Lessee apparatus will be repaired to the satisfaction of the District by the Lessee All required permits and ongoing expenses with PG&E (including utilities, testing, metering, monitoring, etc..) shall be processed, coordinated, and paid for by the Cell Phone Tower provider. All required permits, code compliance coordination, local ordinances, and meetings with local Planning Commissions and City/County regulators and councils shall be provided and supported including all costs by the Cell Phone Tower providers as part of this proposal.

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Cell phone signal strength studies shall be made as required and all costs provided by the Cell Phone Tower provider. A study of all other cell phone towers in the area shall be, as required, included in this proposal process. All FCC and other Federal and State licenses shall be provided and included with all costs and coordination shall be included in this proposal process. All utilities costs, maintenance, testing, permitting, reporting, and other operational requirements and all costs associated with the ongoing operations of the cell phone towers shall be borne by the cell phone tower provider, and included in this proposal. A Memorandum of Understanding and Agreement shall be developed and included as a proposal draft reference document that describes the contractual relationship that the proposer is willing to provide. Monthly compensation to the District shall be included in the agreement to lease the land for a determined number of years with a percentage increase per year. A description of all proposed cell phone service providers shall be listed and described as part of this agreement. If additional providers are added to the tower later after the initial contract is processed, then additional compensation to the District is encouraged as part of this proposal process. The District would like 6 half-sized 24” x 30” drawings and specifications of the design construction drawings at the 50%, 75%, 95%, and 100% phases of the process for review and approval by the District/College teams. Electronic digital copies of the drawings and specifications are also required. Elevations of the towers must be included in the drawings. A site drawing showing the exact location and all underground utilities must be included. All designs must be stamped and signed by a licensed engineer in the State of California. Structural calculations must be included. The design construction drawings for the New Wireless Communications/Cell Phone Towers must be approved with signed and stamped Division of the State Architect (DSA) prior to bidding the construction work. All fees must be paid by the proposer. The District will hire a DSA, Inspector of Record (IOR) to inspect the work of the Proposer in constructing the tower and footing, underground utilities, etc.. Sample drawings/sketches of the proposed location of the Cell Phone Towers with height of the tower shall be submitted with the proposals.

The District requests the submission of Request for Qualifications (RFQ)/ Request for Proposal (RFP) from qualified firms, partnerships, corporations, associations, or professional organizations to provide Cell Phone Tower services to the District for, but not limited to, those types of projects described in this RFQ and associated documents.

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District/College Locations:

1. Yuba College Campus

2088 North Beale Road, Marysville, California 95901

a. Yuba College (Sutter Campus)

3301 East Onstott Road, Yuba City, California 95991

2. Woodland Community College

2300 East Gibson Road, Woodland, California 95776

a. Woodland Community College (Lake County Campus)

15880 Dam Road Extension, Clear Lake, California 95422

b. Woodland Community College (Colusa County Center)

99 Elis Street, Williams, California 95987

It is possible that up to 5 new Cell Phone Tower locations would be included in this proposal process.

The District reserves the right to cancel or to amend this RFQ/RFP by issuance of addenda hereto.

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1.4 Applicable Codes

All Facilities Standards Updates shall meet all State of California Building Codes, and Federal codes, and

local ordinances.

2.0 Projects Summary

The District is seeking Cell Phone Tower proposals for each College/District location that are feasible.

Firms are not required to propose Cell Phone Towers at all locations or any locations but encouraged to

submit proposals for each location that is feasible. Each Cell Phone Tower shall be considered a

separate project. The District reserves the right to select one or more or none of the Cell Phone Tower

locations.

2.1 District Staff Contacts during the Proposal process:

Firms interested in submitting a Proposal are directed not to make personal contact with the Board of

Trustees, District staff, or members of the evaluation committee. Any contact shall constitute grounds for

disqualification from consideration.

Single Point of Contact during the Proposal Preparation Process:

David L. Willis District Director of Maintenance, Operations, and Planning 425 Plumas Blvd., Suite 200 (Second Floor) Yuba City, California, 95991 Cell Phone: 916-747-4262 Email: [email protected] Please email Dave Willis to verify that your firm will be submitting a proposal in response to

this procurement process.

On-site coordination, first contact person (Yuba College, Sutter Campus Locations):

Bryan Epp Assistant Director of Maintenance, Operations 2088 North Beale Road Marysville, California, 95901 Cell Phone: 530-701-9202 Email: [email protected] On-site coordination, first contact person (Woodland Community College, Lake County Campus,

Colusa County Center Locations):

Michael Sinn Assistant Director of Maintenance, Operations 2300 East Gibson Road Woodland, California, 95776 Cell Phone: 530-575-0206 Email: [email protected]

mailto:[email protected]



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3.0 Proposal Format Organization

The Firm is requested to use the following proposal format:

3.1. Proposal Delivery, Contents, and Format:

Proposals should provide straightforward, concise information that satisfies the requirements noted in this

RFQ. Expensive binding, color displays, and the like are discouraged. Emphasis should be placed on

brevity, conformity to the Districts instructions, selection criteria of this RFQ, and completeness and clarity

of content. Each Respondent’s proposal should clearly and accurately demonstrate specialized

knowledge and experience required for consideration.

In a sealed box or envelope (clearly marked “), submit the following:

One (1) flash memory stick containing the complete proposal and supporting documentation;

One (1) original and two (2) copies in paper form of the proposal, which consists of a Proposal Letter and responses to the proposal requirements listed in Section 2.3

Proposals shall adhere to the following requirements for contents and format, should be as concise as

possible and should not include more than 50 pages of promotional or marketing materials. There is no

page limit overall but each proposal is requested to be no more than 100 physical pages (printing on both

sides of each page) in total length.

Firms must comply with the provisions of these instructions for completion and submission of the

Proposal. The failure of a Firm to comply with the Proposal Instructions and Requirements will result in

rejection of the Proposal for non-responsiveness.

Proposal Section Format

1. Cover Letter PDF

2. Table of Contents PDF

3. Identification of the Firm PDF

4. Executive Summary PDF

5. Staffing Resources PDF

6. Experience PDF

7. Other Areas of Concern PDF

8. Technical Competence PDF

9. Fiscal Stability PDF

10. Starting Annual Lease Payment A. Yuba College Campus $ . B. Yuba College (Sutter Campus): $ . C. Woodland Community College: $ . D. WCC Lake County Campus: $ . E. WCC Colusa County Center: $ . F. Total Annual Payments: $ .

PDF

11. Co-Location Rent Percentage .

PDF

12. Annual Lease Payment Increase Percentage: .

PDF

13. Statement of Qualifications PDF

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14. Proposal Signature Form Original, Signed, Notarized

15. Proposal References Form PDF

16. Firm W9 Form PDF

17. Insurance Certificates PDF

18. Cell Phone Tower Provider/Firm Licenses, Certifications, Documents Proving Qualifications

PDF

19. District Agreement for Services, Insurance form, etc… PDF

20. Acknowledgement of Addendums PDF

Appendices

A. Schedule for Services PDF

B. Memorandum of Agreement/Understanding (draft) PDF

C. Site Map locating the proposed tower, picture of “like” tower PDF

D. New Cell Phone Tower Overall Process Description PDF

L. Proposer Land Lease PDF

M. Proposer Land Lease Wireless Communications/Cell Phone Tower Agreement

PDF

N. 20-Year Lease Spreadsheet of Payments By Type, Location, with planned increases per section 10, 11, and 12 above. Note any potential costs to the District.

PDF

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CONTENTS OF QUALIFICATIONS PACKAGE

(Include the below information and the Statement of Qualification in Appendix A)

The following is a summary of the Contents. Please address each section in a Tabbed Format.

A. Cover Letter The Proposal shall include a Cover Letter on Respondent’s official business letterhead, which shall be signed by an individual authorized to legally bind Respondent. The Cover Letter shall also identify the name and telephone number of a person who may be contacted during the Proposal evaluation process. Executive Summary: Provide an overview of the entire Qualifications Package describing the general approach to building design that Firm will use to meet the goals and fulfill the general functions required in this RFQ/RFP. B. Table of Contents Provide a Table of Contents that outlines in sequential order the major sections and sub-sections of the

Proposal. All pages in the Proposal shall be clearly and consecutively numbered and correspond to the

Table of Contents. Use tabs to allow information to be more easily located.

C. Identification of the Firm

1. Legal name and address of company. 2. Legal form of company (corporation, partnership, etc.). 3. Name, address, phone number, facsimile number, email address, website address, direct email address for the following: Firm’s Principal in Charge, person(s) who will be primarily responsible for providing services for this Qualifications Package, and the contact for scheduling an in-person interview

if the Firm is selected for one. 4. California Business License Number (as applicable) 5. Other Licenses D. Executive Summary The Proposal shall include an Executive Summary that briefly describes the Proposal, the Team, and the approach to meet the District’s goals. The Executive Summary shall describe the approach that will be used to keep costs as low as possible yet provide the minimal services required by California State regulations and codes.

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F. Staffing Resources

1. Firm Staffing and Key Personnel

a. Provide total number of professional staff currently employed by the firm.

b. Identify person/s who will be principally responsible for working with the District. Indicate the role and responsibility of each person/s, and how many years they have been with the company. If the Firm is chosen as a finalist, the proposed individual/s must attend the interview and in-person presentation.

c. Provide brief biographies and work experience history of individual/s that will be working directly with the District, highlighting the skills identified with their tasks.

d. Link each named person with the specific tasks, responsibilities, and deliverables.

e. If more than one person is named as a candidate for a specific role, include above information for all listed persons.

2. Consultants: The District does wish to interview the top scoring 2 or 3 Firms Teams including representative consultants with which the firm proposes to complete specific projects described in this RFQ/RFP.

G. Experience 1. Provide a description of how the Firm’s experience, technical, and professional skills will

meet the goals and fulfill the general functions identified in this RFQ/RFP. 2. State the number of years the firm has conducted business. Firm must have at least five (5) years’

experience in providing the outlined scope of required services for public clients, preferably community college districts.

3. Describe experience designing and delivering projects under the oversight of the Division of State

Architect (DSA). Firm must have a minimum of at least five (5) years’ experience working with DSA.

4. Cell Phone Tower Provider Projects Experience (References) Provide a description of at least five (5) most relevant similar projects with cell phone towers contracts held by the firm, preferably involving projects for California community colleges or four-year colleges and universities, within the last five years, no more than one page per project, to include:

• Role of the firm and relationship to client

• Project Scope description

• Staffing and major sub-consultants used

• Duration of project

• Planning work through DSA/agency approval? Yes/No

• Contact name, position, entity name, telephone number, facsimile number and email

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H. Proposed Project Team The Proposal shall include a brief description of the project team members that will be assigned to work

on the projects in this RFQ/RFP.

I. Other Areas of Concern: If any of the following has occurred, please describe in detail:

1) Termination or failure to complete a contract.

2) Termination by any municipal, county, state, federal or local agency. 3) Involvement in litigation, arbitration or mediation. 4) Provide litigation history for any claims filed by your firm or against your firm related to the

provision of services in the last five (5) years. 5) Conviction of the firm or its principals for violating a state or federal antitrust law by bid or

proposal rigging, collusion, or restrictive competition between bidders or proposers,

or conviction of violating any other federal or state law related to bidding or

performance of services. 6) Conviction of a Felony of any of the members of the project team. 7) Knowing concealment of any deficiency in the performance of a prior contract. 8) Falsification of information or submission of deceptive or fraudulent statements in

connection with a contract. 9) Willful disregard for applicable rules, laws or regulations.

Firms are required to respond with a “Yes” or “No” to the above listed items and to describe with detail any of the above items that have a Yes answer. Information regarding any of the above may, at the sole discretion of the District, be deemed to indicate an unsatisfactory record of performance. Failure to disclose any of the above may, at the sole discretion of the District, be deemed to indicate an unsatisfactory record of performance.

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J. Technical Competence

1. Description of in-house resources. 2. Ability to draw upon multi-disciplinary staff (in house or contracted) to address the services requested in this RFQ/RFP.

K. Fiscal Stability: The Firm should provide evidence of Corporate/Firm stability including:

1. A current report from any commercial credit rating service such as Dun and Bradstreet or Experian; or

2. A letter from a financial institution stating a current line of credit; and 3. Latest audited financial statement and/or annual report that has been certified by a CPA.

L. Fee Proposal – A no-cost proposal is requested as part of this RFP. 4.0 Statement of Qualifications

In addition to the above required qualification information, consider the following: The District is interested in considering Qualifications from firms that meet or exceed the following minimum acceptable qualifications:

A. Demonstrated performance of services on projects of the same size and similar scope for higher education clients.

B. Five (5) years’ experience as a Cell Phone Tower provider. C. Established firm presence in California, including familiarity with the California Community

Colleges Systems Office procedures for Capital Construction, and processing of plans through the Division of State Architect. Please describe whatever experience your firm may have with DSA.

D. Appropriate professional licensing of both team members and the Firm.

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5.0 Selection of “Firm” Services Provider The process of “Firm” selection is based upon the complete responsiveness of the RFQ/RFP and the criteria as outlined below.

Subject to the District’s express reservation of rights to modify the selection process, the selection process anticipated by the District will consist of the following:

A. Qualifications received will be reviewed for responsiveness. B. The Proposal as outlined in this RFP. C. District/College Revenue Generation Amounts. D. Oral presentations of the firm’s qualifications and proposal for each specific project.

The Review Committee will then recommend the highest ranked firm and “Best Value” projects to the Board of Trustees for approval. Recommendations by the Review Committee for the selection of Firm will be based upon the ability of the provider to achieve the District’s objectives and demonstrated competence and qualifications to perform the stated scope of work and the financial benefits per the project proposals and the draft Memorandum of Agreement/Understanding per project location (‘s). The recommendation by the Review Committee is not binding on the District. Formal award of any Firm’s proposal and agreements will only be affected after the District’s Board of Trustees has formally approved of such award. The District reserves the right to waive minor irregularities in the solicitation process. The District may award one or more agreements, or no agreements, as a result of this Request for Qualifications/ Request for Proposals (RFQ/RFP) process.

The District reserves the right to reject any and all submittals, to amend the RFQ/RFP process, and to discontinue or re-open the process at any time. The submittals will be evaluated based on each respondent’s qualifications, proposal criteria, service fees, and relevant experience.

6.0 Basis Of Award

As the basis of award the District intends to utilize the determination of “Best Value” in providing the stated services to the District. There is no guarantee expressed or implied that the District will award all or any of the projects stated in the RFP.

7.0 Non-Discrimination

The District does not discriminate with regard to race, color, gender, national origin, disability, or any other

protected or other classification in the awarding of contracts/agreements. The District welcomes all

Qualified Firms to participate in the project Request for Qualification/Proposal process.

The District encourages firms that are women or minority owned, emerging small businesses, veteran

owned firms, disabled person owned firms, and all other qualified firms to participate in the proposal

process.

The District encourages the submission of proposals from all Firms that can meet the stated requirements

set for this RFQ/RFP.

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8.0 Evaluation of Proposals All proposals will be reviewed and evaluated by the District. An award will be made, if at all, to the

responsive and responsible respondent offering the most advantageous “Best Value” proposal taking into

consideration all evaluation criteria provided herein, as well as price.

The Annual Lease Payment (ALP) and Annual Lease Payment Increase Percentage (PIP) shall be

considered in determining the "Price".

The successful Proposer/Firm shall be required to execute a lease in substantially the form included in

this RFP.

This RFP, and any lease contract awarded pursuant to the RFP, shall be subject to all policies of the

District.

A DEPOSIT IS REQUIRED PER LOCATION:

The successful respondent agrees to pay the District a nonrefundable deposit of $2,000/per tower location

within seven (7) calendar days of receipt of a notice of award of a lease from the District. Failure to pay

the required deposit will be treated as a withdrawal of the proposal by the respondent, and the District

may award a lease to any other responsive and responsible respondent offering the “Best Value”.

If the respondent fails to execute the lease within 14 calendar days from the receipt of a notice of award of

the lease, the deposit shall be forfeited and shall become property of the District. If a lease is executed

within such time, the deposit shall be applied to the first lease payment(s) due under the lease. The

successful proposer shall be required to commence permitting of its telecommunications facilities within

twenty-one (21) days of execution of the lease and to commence the construction of its

telecommunications facilities no later than ninety (90) days after receipt of any required building

permit/authorization and signed/stamped construction documents from the State of California, Division of

the State Architect, and local regulatory jurisdictional authorities. The District reserves the right to reject

any and all proposals if such rejection is deemed to be in the best interest of the District. The District also

reserves the right to waive any informalities in the proposal process and to accept the proposal deemed to

be in the best interest of the District.

8.1. Lessee General Specifications: The Lessee shall be required to remove all telecommunications equipment and facilities and all

associated apparatus and improvements, and return the leased property to its original condition within

ninety (90) days of the expiration or termination of the lease, unless otherwise determined by the District.

The District reserves the right to terminate the Lease for cause, including but not limited to, failure by the

Lessee to fulfill its obligations under the Lease or under applicable laws, regulations, bylaws, codes or

permits, and the Lessee agrees to reimburse the District for all costs associated with the enforcement of

said Lease, including but not limited to all attorneys' fees and court costs.

The lessee shall agree that the site leased shall be used only for the purpose of constructing, maintaining,

and operating telecommunications equipment and appurtenances, including separate power meter,

radio/electronic/electrical equipment, connecting cables, coaxial cables, wires and associated

appurtenances.

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The Lessee shall install equipment and facilities of the types and frequencies that will not cause

"measurable interference" to present College/District communications equipment, other carriers, or to the

residents of the District area/county served. If lessee's equipment causes such interference, the lessee

shall correct and eliminate such interference within thirty (30) days of written notification from the District.

Detailed drawings and explanations of the connecting systems for equipment to be installed on the

property will need to be approved by the District. The District shall have aesthetic control over the

proposed site development and, prior to construction of any facilities, all plans and specifications must be

submitted to, and are subject to the approval of the District. Such review and approval is in addition to all

required reviews and approvals under all applicable federal, state, and local laws, rules and regulations.

Said aesthetic control shall include, but not be limited to, review and approval of all equipment and

appurtenance designs and specifications, and site area landscaping designs and specifications. If trees

need to be removed, the removal of the trees shall be by the Lessee and in accordance with all local

ordinances.

The lessee must agree to indemnify and hold harmless the District from and against any and all claims,

demands, actions, and causes of action resulting from the lessee's activities on District property, including,

but not limited by, the installation and operation of equipment and facilities on the property, including all

costs and attorneys' fees arising from acts and/or omissions of the lessee, its agents, employees, and

contractors.

The Proposer shall submit a filled out and completed District “Agreement for Services”, and all associated

and described documents in the AFS including the certificate of Liability insurance, W9 form etc,. with the

proposal. The Successful Proposer shall provide a Performance Bond and Payment Bond within 7

calendar days after being provided a District signed and fully processed Purchase Order and signed and

fully processed Lease Agreement.

The Proposer shall furnish a plan/sketch and description of all equipment to be installed.

The Proposer shall furnish a copy of the respondent's license(s) to operate and/or the respondent's

proposed subtenant's license(s) to operate. Any such cellular communication systems' transmitters and

receivers' frequencies shall not interfere with local radio, TV, local and regional public safety, national

defense or other similar operations.

Prior to constructing or installing lessee's equipment and lessee's sub-tenant's equipment (if any) on the

Property, the lessee shall obtain the District's approval of the lessee's plans for such construction,

installation or alteration work, and the precise location of the Lessee's equipment and lessee's sub-

tenants' equipment (if any) on the Property, and lessee shall provide a survey indicating placement of all

equipment, facilities and improvements.

8.2 Comparative Evaluation Criteria:

The District will evaluate proposals using the Comparative Evaluation Criteria set forth below:

1. Starting Annual Lease Payment/Lease Location:

Highly Advantageous $18,000 or more.

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Advantageous Between $12,000 to $18,000

Least Advantageous Between $ 9,000 and $12,000.

Unacceptable Less than $9,000

2. Co-location Rent Percentage:

Highly Advantageous 30% or more of co-location rent.

Advantageous Between 20% and 30% of co-location rent.

Least Advantageous Between 10% and 20% of co-location rent.

Unacceptable Less than 10% of co-location rent.

3. Annual Lease Payment Increase Percentage:

Highly Advantageous 3% or more increase every year.

Advantageous Between 2% and 3% increase every year.

Least Advantageous Between 1% and 2% increase every year.

Unacceptable Less than 1% increase every year.

4. Demonstrated capability of recruiting co-locator/sub-tenant carrier participation:

Highly Advantageous High level of ability to recruit and secure co-locator/subtenant carrier

participation on telecommunications facilities of similar size and location.

Advantageous Above-average level of ability to recruit and secure co-locator/ sub-tenant carrier


Least Advantageous Average level of ability to recruit and secure co-locator/subtenant carrier


Unacceptable Below average level of ability to recruit and secure co-locator/sub-tenant carrier


5. Demonstrated cooperation with the District by working with the District on issues concerning the siting

of wireless communications facilities, identifying appropriate locations for such facilities on District-owned

property, and providing adequate wireless communications coverage to significant gaps within the District:

Highly Advantageous: Significant level of cooperation with the District.

Advantageous: Some cooperation with the District.

Least Advantageous: Lack of cooperation with the District.

Unacceptable: Hostile toward the District.

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8.4 Evaluation of Proposals Form Firm: . Proposals will be evaluated and include a careful review of the proposals and the ability of the firm to

perform cost effective solutions as described in this request, including reference checks of the firm doing

the work. This RFQ will be evaluated by a District Facilities Management Team and awarded based on a

number of factors which are described below:

Evaluation Criteria:

1. Firm/Project Team Statement of Qualifications: 30 Points

2. Comparative Evaluation Criteria in Section 8.2 : 30 Points

3. Proposed Lease Terms per RFP and Proposal: 20 Points

4. “Like” Project References: 10 Points

5. Division of the State Architect (DSA) Experience: 10 Points

Total Score: /100 Points

Comments:

Evaluator Name (Print): . Evaluator Signature: .

Date: . Recommendation to Award Yes/No: .

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9.0 Responses to RFQ/RFP:

Sealed responses to this RFQ/RFP must be clearly marked "RFQ/RFP NO. 18-06, YCCD New Wireless Communications/Cell Phone Towers”. Responses shall be mailed to or hand-delivered to the following address:

Yuba Community College District, District Offices Attn.: David Willis District Director of Facilities Planning, Maintenance & Operations Envelope/Box Marked: “RFQ/RFP No. 18-06 YCCD New Wireless Communications/Cell Phone Towers”. Address: 425 Plumas Blvd., Suite 200, Room 216, Yuba City, California, 95991 Note: Completely seal your proposals in envelop/box and make sure it gets date/time stamped when delivering proposal. Firms are each 100% responsible to make sure proposals that are mailed using a carrier such as UPS, FED Ex, etc…are received and date/time stamped by District personnel prior to the proposal due date/time. No proposals will be considered if they are late, even if it is only 5 minutes late. Please make sure your proposals are delivered and received promptly prior to the due date/time. There will be a public proposal opening at the due date/time. Do NOT email your proposals. Emailed proposals that are not sent per the above guidance requirements will not be considered.

10.0 Requests for Information (RFI) Requests for Information concerning the RFQ/RFP must be in writing and may be submitted via email no later than the date shown below. Please direct all questions to David Willis, email: [email protected]. Following the RFI deadline, all questions and answers will be summarized and posted on the District's website: https://www.yccd.edu/central-services/purchasing/ , then, click on the “Requests for Proposals / Quotes” tab on the right hand side of this web page. It is anticipated that responses to inquires received by the required time and date will be provided within 5 business days and posted on the District's website or responded to per the dates listed in the RFP for addendum publishing. Should more time be needed by the District to answer I respond to RFI’s, this information will also be posted on the above website. Include the following in the subject matter field on emails when requesting information: “RFP 18-XX”, RFI. The District has developed Procurement Milestones, shown below, with dates showing the key events in

this solicitation process. This RFQ and schedule are subject to change, and the Director will notify

Respondents of any changes via email to the contact designated by each Respondent. Respondents must

take the following actions according to the specified timelines in order to participate in this process.


https://www.yccd.edu/central-services/purchasing/

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11.0 Proposal Schedule:

Important Dates and Times: January 29, 2018: Release of Request for Proposal at 4:00PM February 11, 2019: 1:00pm, Mandatory Pre-Bid Meeting at Yuba College, Building 1400,

Maintenance Conference Room, 2088 North Beale Road, Marysville, California 95901.

February 11, 2019: 3:00pm, Optional Pre-Bid at Sutter Campus, 3301 East Onstott Road, Yuba City,

California, 95991, meet at the north building entrance. March 14, 2019 11am, Optional Pre-Bid Meeting at Colusa County Center, 99 Ella Street, Williams,

California 95987. Meet in the lobby area. March 14, 2019 2:30pm, Mandatory Pre-Bid Meeting at Lake County Campus, Building 100

Lobby, then to room/tour site, 15880 Dam Road Extension, Clear Lake, California, 95422.

Note: Firms may make arrangements to visit at other times and dates by contacting

staff listed in the RFP. Meeting Log Sheets must be signed by Firm representatives at the Mandatory Meetings to become a qualified Firm. Alternative meeting times and dates (coordinated by the Firm) at the Yuba College and Lake County Campus will replace the noted mandatory meetings scheduled above.

April 18, 2019: All questions and requests for information must be submitted to David Willis at:

[email protected] by 4pm. April 23, 2019: Addendum Issued if needed. May 2, 2019: Proposals due at 1:00 PM SHARP, Yuba Community College District, District

Offices Location, see page 1. There will be a public bid opening on this RFQ/RFP. May 7, 2019: Top 2 or 3 Firms are invited to participate in an interview process. May 9, 2019: Firms Interview process between 1pm and 5pm. TBD: Top Firm recommendation to Board Facilities/Audit Committee. TBD: Possible Board of Trustees Authorization to Award July 17, 2019: Proposed date of No Cost Purchase Order processing. Note: Due to the end of the District’s fiscal year at June 30, 2019, the award of the agreement and purchase order will be in this window: July 17 to August 17, 2019 if determined to be in the best interest of the District to do so. The District reserves the right to alter or amend the above timetable as required to conclude the process to the District's satisfaction. All questions associated with the procurement process shall be addressed to David Willis, District Director of Facilities Planning, Maintenance, and Operations at email: [email protected] or cell phone: 916-747-4262.



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12.0 District Parking: -No parking in Reserved Spaces without a proper permit -Permit Parking is enforced in all general lots between 6:00 am and 6:00 pm, Monday through Friday. All general lots require a properly displayed, valid permit during these times -Daily Parking Permits are $2.00 -Permits are available for purchase at any of the permit machines located in the student parking lots -All other parking regulations are enforced 24 hours a day, seven days a week. This includes designated staff spaces, handicap spaces, timed spaces, red zones, yellow zones, and areas not marked (no parking at any time) -Once this project is awarded, temporary parking permits will be processed as requested by the successful firm for all employees associated with this project at no cost to the Firm for the duration of the project at each Campus location. These temporary permits must be displayed at all times on the dash board of employee vehicles. 13.0 RFQ Proposals Proposals received after the deadline will not be opened. Each responder shall submit one (1) signed original, two (2) additional hard paper copies, all in separate binders. Provide one electronic format copy of the proposal using electronic media such as a flash drive, CD, etc.. All materials submitted in response to the RFQ/RFP shall be on 8-1/2"x11" paper, preferably in Portrait orientation. All submitted materials must be bound in either a three-ring binder or spiral bound notebook. Content shall be tabbed and numbered per the items included in the Submittal Requirements. All Proposals will be reviewed and evaluated by a District Selection Committee. The District at its sole discretion may interview finalists, or select a firm or firms to perform work based solely on the evaluation of the Proposal. Page limit of 50 pages of marketing materials plus 100 paper pages, double sided print (200 pages total) regarding the proposal. Fewer pages is better and encouraged with tab references. All Proposals become the sole property of the District and the content will be held confidential until the selection of the firm is made and the project is awarded.

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14.0 Award of Contract

A. The Contract will be awarded to the most responsive proposer whose proposal, conforming to the request for proposal and associated addendums, will be most advantageous to the District. An Interview process of the top 2 or 3 proposer firms may be included per this RFQ/RFP to allow the District to meet the District and Project Team members of the proposer to further discuss the project approach, schedule, capacities of the proposer to deliver, and any other considerations that warrant further discussion and evaluation.

B. The District reserves the right to enter into an Agreement without further discussion of the proposal

submitted based on the initial offers received. C. The District reserves the right to reject any or all proposals or any part of the proposal and to waive

informalities and minor irregularities in the proposals received. D. The RFQ/RFP, its addendums, and the proposal of the selected Firm will become part of any

contract initiated by the District. F. In no event shall a proposer submit its own standard contract terms and conditions as a response

to this RFQ/RFP. The terms of any contract may be negotiated as part of the negotiation process with the exception of contract provisions that are nonnegotiable. Note: This RFQ/RFP is requesting that the Firm submit a draft Memorandum of Agreement/Understanding with terms and conditions listed and described. The financial revenue payments to the District shall be noted for each proposed project location. All RFP information as described throughout and in section 2 apply.

G. A formal contract shall be signed by the successful proposer and Yuba Community College District

to perform this service. H. The District reserves the right to enter into discussions with any one or all of the Responders after

Proposals have been initially reviewed. Such responses shall be subject to all provisions, terms and conditions as set forth in the RFQ/RFP, unless otherwise modified.

J. Award shall be made to the Responder whose submittal, conforming to the RFQ/RFP, will be the

most advantageous to the District after consideration of the defined evaluation criteria. K. The District intends to award to a single RFQ/RFP Responder. L. Due to the nature of this RFQ/RFP process, the Memorandum of Agreement/Understanding and

other proposal documents will be thoroughly reviewed and discussed by the District/College Leadership and the Board of Trustees prior to agreeing to any terms of service. Legal counsel will likely review the agreements. There will be a period of contract negotiation prior to agreeing to terms and conditions. The Best Value proposal will be awarded if it is deemed to be in the best interests of the District/College to do so.

23

15.0 Reservation of Rights The District reserves the right to:

• Reject any or all submittals at its sole discretions. • Cancel the Request for Qualifications/Proposal (RFQ/RFP), without cause. • Modify any requirements contained within the RFQ/RFP and request a revised submission from all Providers. • Establish other evaluation criteria determined to be in the best interest of the District. • Contract with any of the firms responding to the RFQ/RFP based solely upon its judgment of the qualifications and capabilities of the firm.

The District reserves the right to cancel the contract any time during the contract period after providing at least a written 14-day notice to the Firm. The District would consider cancellation of the contract if the Firm does not fulfill the contracted requirements of this RFQ in a timely and professional fashion); or, if for some reason the performance of the Firm or quality of the work adversely impacts the mission of the District in serving Students or Staff; or, if it is determined to be in the best interest of the District/College to do so. This RFQ does not commit the District to negotiate a contract. The District will not be responsible for any expenses incurred by any firm in preparing and submitting a proposal or response to this RFQ/RFP or in completing any of the work specified.

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Appendix A: Statement of Qualifications Form

The Respondent shall furnish the following information. Failure to comply with this

requirement will render the submittal informal and may cause its rejection. Additional

sheets may be attached if necessary.

1. Firm name and primary address:

2. Telephone: Facsimile:

3. Email Address:

4. Names and titles of two officers of the firm:

NAME TITLE

4.1

4.2

5. Specific type of Ownership (Check one)

5.1 Individual 5.2 Partnership

5.3 Corporation; If a corporation, state the following: State of incorporation:

Date of incorporation: President/CEO:

5.4 Joint Venture

5.5 Other (Specify)

425 Plumas Blvd., Suite 200, Yuba City, California, 95991

25

STATEMENT OF QUALIFICATIONS

6. Taxpayer Identification

7. Number of years Respondent has been in business:

8. Number of years Respondent has conducted business under the present name:

9. Has the Respondent ever been licensed under a different name or different license

number? ? If Yes, give name and license number:

10. Number of years experience in California Community College, University, or Public facility projects .

11. Has the Respondent or any of its principals defaulted to as to cause a loss to a surety on a

payment or performance bond?

If yes, give dates, name and address of surety, and details:

12. Has the Respondent been assessed liquidated damages for any project in the past three years? If so, give owner and details:

13. Has the Respondent been in litigation on an issue pertaining to any contract during the past three years? If yes, explain and provide case name and number.

14. Has the Respondent ever failed to complete a project in the past three years? If so, give owner and details:

15. Do you now or have you ever had any direct or indirect business, financial or other connection with any official, employee or consultant of the District? If so, please elaborate.


26

16. Has the Respondent ever completed work for the Yuba Community College District in the past? If so, please elaborate:

17. Has the Respondent Firm Leased Land and installed New Wireless Communications/Cell Phone Towers on Community College campus locations in California? If so, which Community Colleges? Please describe the projects and provide contact information.

18. Has the Respondent Firm had experience maintaining Cell Phone Towers? If so, please describe: .

19. Has the Respondent Firm ever experienced damage to a Cell Phone Tower? If so, please describe and explain the approach to making repairs and how the Memorandum of Agreement will cover such incidents in the future.


27

Appendix B: YCCD Academic Calendar 2018/2019


28

Appendix C: YCCD Agreement for Services (Low Risk)

Please refer to the following DropBox folder link:

https://www.dropbox.com/sh/16slqi4q64mkl7e/AAAEekz29_pXK1CNQuzeL

MhWa?dl=0

https://www.dropbox.com/sh/16slqi4q64mkl7e/AAAEekz29_pXK1CNQuzeLMhWa?dl=0

https://www.dropbox.com/sh/16slqi4q64mkl7e/AAAEekz29_pXK1CNQuzeLMhWa?dl=0


29

Appendix D: Map of Yuba College, 2088 North Beale Road, Marysville, California, 95901

Possible Cell Phone Tower Location


30


31

Appendix D, continued: Map of Sutter County Campus (Yuba

College), 3301 East Onstott Road, Yuba City, California 95991

Possible Cell

Phone Tower

Location

Solar Panel Array

The District is open considering other

cell phone tower location

considerations for any of the locations

noted. It is the sole responsibility of the

proposer to do all field investigation

work to identify the best tie-in locations

for the electrical service and to

minimize the impact of future work to

the College/District, including site

improvement impacts, interruption of

instructional services, and quality of

power at the site. All new Wireless

Communications/Cell Phone Towers

must have a new PG&E usage meter

and all utilities paid by the proposer.

All damage to existing landscaping and

existing infrastructure, utilities,

sidewalks, lighting, asphalt, and other

property improvements must be

repaired to the College/Districts

satisfaction.


32

Appendix D, continued: Map of Woodland Community College, 2300

East Gibson Road, Woodland, California, 95776

Sherriff’s Detention Center

Storm Water

Pond

Solar Panel Array’s

Possible Wireless

Communications/Cell

Phone Tower Location


33


34

Appendix D: Map of Lake County Campus

Walmart Store


The District is open to considering other cell phone tower location considerations for any of the

locations noted. It is the sole responsibility of the proposer to do all field investigation work to

identify the best tie-in locations for the electrical service and to minimize the impact of future

work to the College/District, including site improvement impacts, interruption of instructional

services, and quality of power at the site. All new Wireless Communications/Cell Phone Towers

must have a new PG&E usage meter and all utilities paid by the proposer. All damage to

existing landscaping and existing infrastructure, utilities, sidewalks, lighting, asphalt, and other

property improvements must be repaired to the College/Districts satisfaction.


35


36

Appendix D: Map of Colusa County Campus (Woodland Community

College); 99 Ella Street, Williams, California, 95987


The District is open to considering other cell phone tower location considerations for any of the

locations noted. It is the sole responsibility of the proposer to do all field investigation work to

identify the best tie-in locations for the electrical service and to minimize the impact of future

work to the College/District, including site improvement impacts, interruption of instructional

services, and quality of power at the site. All new Wireless Communications/Cell Phone Towers

must have a new PG&E usage meter and all utilities paid by the proposer. All damage to

existing landscaping and existing infrastructure, utilities, sidewalks, lighting, asphalt, and other

property improvements must be repaired to the College/Districts satisfaction.


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Appendix “F” Non-Collusion Affidavit Form

STATE OF CALIFORNIA, COUNTY OF I, being first duly sworn,

deposes and says that I am the of ,

the party submitting the foregoing proposal (“the Proposal”). In connection with the foregoing

Proposal, the undersigned declares, states and certifies that:

1. The Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership,

company, association, organization or corporation.

2. The Proposal is genuine and not collusive or a sham.

3. The Firm has not directly or indirectly induced or solicited another Firm to put in a false or sham

proposal, and has not directly or indirectly colluded, conspired, connived, or agreed with any

other Firm or anyone else to put in a sham proposal, or to refrain from bidding.

4. The Firm has not in any manner, directly or indirectly, sought by agreement, communication, or

conference with anyone to fix the proposal price, or that of any other Firm, or to fix any overhead,

profit or cost element of the proposal price or that of any other Firm, or to secure any advantage

against the public body awarding the contract of anyone interested in the proposed contract.

5. All statements contained in the Proposal and related documents are true.

6. The Firm has not, directly or indirectly, submitted the proposal price or any breakdown thereof, or

the contents there of, or divulged information or data relative thereto, or paid, and will not pay any

fee to any person, corporation, partnership, company, association, organization, proposal

depository, or to any member or agent thereof to effectuate a collusive or sham proposal.

Executed on this date: , 2019, at:

(City, County, and State)

I declare under penalty of perjury under the laws of the State of California that the foregoing is

true and correct.

Signature Printed Name .

Address: .

Area Code & Phone Number: .

Note: In addition to other bid documents, bidders on public works projects are required by

Public Contract Code section 7106 to submit a certification form that they have not colluded

with another proposer.


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Appendix “G” References Form

(Include at least 10 recent references in California) Firm/Proposer:

1. Reference Name: Contact:

Address: Phone #:

Email Address:

Description of Services Provided:

*Please verify that the contact information is current.


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Appendix “H” Proposal Signature Form

The undersigned acknowledges the following:

1. Having become familiar with the specifications and requirements of the Request for

Proposal, hereby offers to provide all services in accordance with the proposal set forth

herein, including all referenced material and attachments.

2. By submitting a signed proposal in response to this solicitation, the Firm acknowledges that

they completely understand the scope of the needed services and that the proposed

services as described in the proposal will meet or exceed the needs of the District.

3. Late proposals will not be accepted (even if they are only 5 minutes late).

4. The District reserves the right to reject any and all proposals and that this proposal shall

remain open and not be withdrawn for a minimum of 90 days.

5. Cancellation Clause: The District may, without cause, terminate the contract(s) or a project

under the contract(s) by giving written notice of such termination to the awarded firm. In the

event of such termination the District shall reimburse the firm for services performed and

reasonable expenses actually incurred by the firm in relation to the terminated project prior

to the firm’s receipt of such notice of termination. The cost of proposal generation,

associated travel, copies, postage, etc.., will not be reimbursed and is considered a typical

and normal part of the bid process and is not reimbursed for any of the proposers.

6. If the prospective Firm is a corporation, the undersigned hereby represents and warrants

that the corporation is duly incorporated and is in good standing in the state of

California , and that, , is authorized to act for and bind the

corporation.

Entity Type (Select One):

Sole Owner: Partnership: .

Corporation: .

Other; Please specify;


40

Regular monthly progress payments are made using NET 30 as a basis for payment, with Net

30 time starting after receipt of the invoice with all required support documentation, and once

this information is reviewed and approved by the District.

Signature_____________________________ Date: _______________________

Position: _____________________________

Print name____________________________ Title________________________

Notary Required On This Project

Notary Stamp:


41

Appendix I: Acknowledgement of Addenda Form

The undersigned acknowledges receipt of the following addenda from the District pursuant to

the Request for Proposal:

Acknowledgement: Yes or Not Applicable

Addendum No. 1: .

Addendum No. 2: .

Addendum No. 3: .

Addendum No. 4: .

Addendum No. 5: .

Failure to acknowledge the Addenda’s may, at the Descretion of the District, determine

the Proposal to be incomplete and unresponsive. Firms are required to acknowledge all

addenda’s within the submitted proposal at the time of submission.


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Appendix L: Land Lease for New Wireless Communications/Cell Phone

Towers/Location

ENCLOSE LEASE PRICE SUMMARY FORM IN A SEPARATE ENVELOP MARKED “PRICE

PROPOSAL”LEASE PRICE SUMMARY FORM

FROM: The undersigned, hereinafter called the "Proposer," organized and existing under the

laws of the State of _______________________, doing business as a (Name of corporation;

partnership; or an individual).

TO: THE YUBA COMMUNITY COLLEGE DISTRICT: The Proposer proposes to lease the

designated space (or spaces) under terms and conditions in the District's Request for Proposals

and the lease included therewith for the following Minimum Annual Rent, which shall consist of

(1) an Annual Lease Payment (which shall be increased annually by an amount determined by

multiplying the percentage indicated below (the "Annual Lease Payment Increase Percentage")

by the preceding Annual Lease Payment); and (2) a Percentage of Rent from Sub-tenants/Co--

locators (which shall be increased annually by an amount determined by multiplying the

percentage indicated below (the "Annual Sub-lease Payment Rent Increase Percentage") by the

preceding Sub-lease Rent Percentage). Location -

___________________________________________________________________

A Minimum Annual Rent from Respondent; Annual Lease Payment (ALP): $________________

ALP in Words___________________________________________________

Annual Lease Payment Increase Percentage (PIP) ________________% PIP in Words

_______________________________________________________

Percentage of Rent from Sub-tenants/Co-locators Offered to District (Sub-lease Rent

Percentage) ________________% Sub-lease Rent Percentage in Words

____________________________________ Annual Sub-lease Payment Rent Increase

Percentage ________________% Sub-Lease PIP in

Words_______________________________________________


43

This form must bear the signature of the Proposer or the authorized agent of the Proposer. If

the Proposer is a corporation or partnership, a duly authorized officer of such corporation or

partnership must sign the Proposal.

Printed Name of Proposer

Printed Address of Proposer

Date: _____________________________

Authorized Signature of the Proposer

Printed Name and Title of Person Signing the Proposal

Phone


44

Appendix M: SAMPLE/EXAMPLE WIRELESS TELECOMMUNICATIONS/CELL

PHONE TOWER LEASE AGREEMENT (Proposer may modify or provide another

agreement of similar content with this agreement)

This Lease ("Lease") date ________________________________________, 2019 between,

___________________________________________ ("LESSEE"), having its principal place of

business at ______________________________________________________, and the Yuba

Community College District, by and through its Board of Trustees ("LESSOR"), having its

principal place of business at: 425 Plumas Blvd., Suite 200, Yuba City, California, 95991.

1. The Site. LESSOR is the record owner of a certain parcel of real property located at the

locations described below in the State of California, and within the Yuba Community College

District:

District/College Locations:

1. Yuba College Campus

2088 North Beale Road, Marysville, California 95901



2. Woodland Community College

2300 East Gibson Road, Woodland, California 95776

a. Woodland Community College (Lake County Campus)

15880 Dam Road Extension, Clear Lake, California 95422

b. Woodland Community College (Colusa County Center)

99 Elis Street, Williams, California 95987




45

Each location to be included in the Proposers Lease shall be described per the property

Assessor’s Map __ — Parcel #__.

2. Lease of the Premises. (a) Premises. LESSOR hereby leases to LESSEE, and LESSEE

leases from LESSOR, that portion of the Site generally described as follows: Real

property consisting of approximately ______________square feet of space, as indicated

in Exhibit A to this Lease (the "Premises"). LESSOR and LESSEE hereby agree that the

Premises, including any Access and Utility License Area (as defined below), shall be

surveyed by a licensed surveyor at the sole cost of LESSEE, and such survey

description shall then supplant the document now included in Exhibit A, and shall

become a part hereof as if initially appended hereto, and shall control as the description

of the Premises and Access and Utility License Area in the event of any conflict or

discrepancy between such survey description and the description of the boundary of the

Premises contained in this Lease at the time of its execution. Upon the Premises, the

LESSEE is permitted to construct, install, operate and maintain a Personal

Communications System, or PCS (defined below) in accordance with the terms of this

Lease. LESSEE may use the Premises only for the construction, installation, operation

and maintenance of the PCS (see also § 6 of this Lease regarding use of Premises).

"PCS" shall be defined as a telecommunications tower/structure and supporting ground

equipment, antenna array and related equipment, including, but not limited to, radio

transmitting and receiving antennas, communications equipment, equipment cabinets

and/or shelter, back-up power sources (e.g., generators) and related facilities for the

transmission and reception of communications signals and the installation, maintenance,

operation, repair and replacement of its communications. The PCS shall be installed at

such locations as have been approved by the LESSOR and as are shown on Exhibit A.

(b) LESSEE Improvement. The initial installation of the PCS, and any subsequent

alteration thereof, shall be performed in a good and workmanlike manner, in compliance

with all applicable laws and regulations, including, but not limited to, LESSOR's bylaws,

all of which are incorporated herein by reference, and in accordance with the plans

approved by LESSOR in accordance with the procedures set forth below, and the

installation, and any subsequent alteration thereof, shall not interfere with the use by

LESSOR (or other of LESSOR's tenants) of the Premises. Prior to commencing the

installation and construction of the PCS, or any alteration or modification of the PCS at

the Premises after the initial installation, LESSEE must obtain LESSOR's approval of

such installation, alteration or modification, which approval shall not be unreasonably

withheld. To that end, LESSEE shall, before commencing any such work, submit to

LESSOR all designs and plans showing the intended work (the "Plans"), except where


46

LESSEE intends merely to replace existing equipment with equipment of substantially

the same size, resulting in no appreciable modification to the PCS, and for which no

designs or plans exist, in which event a written description of the intended replacement

will suffice. LESSOR shall review the Plans or description and return any written

comments to LESSEE with reasonable promptness after LESSOR's receipt of the Plans

or description from LESSEE. If LESSEE receives comments from LESSOR requesting

modifications to the Plans or description, LESSEE shall revise the Plans and description

and resubmit them for LESSOR's review and approval. Following LESSOR's approval of

the Plans, LESSEE shall obtain all necessary government/regulatory agency approvals

and permits prior to commencing construction and installation and shall provide

LESSOR with written notice sufficiently in advance of the start of construction such that

LESSOR may, if it so chooses, maintain a presence at the Site during the work.

LESSOR will reasonably cooperate with LESSEE with respect to obtaining any such

governmental approvals and permits. All LESSEE's contractors and subcontractors shall

be duly licensed and insured in the State of California.

3. Rent (a) Base Rent. LESSEE shall pay to LESSOR as base rent a total annual fee of

___________, due and payable in equal monthly installments on the first day of each

month, in advance, commencing on the Commencement Date (as hereinafter defined).

Rental payments shall increase by two percent (2%) each year of the initial term and any

additional term effective upon each anniversary of the Commencement Date.

(b)Co-Location Fee. LESSEE shall allow collocating wireless communications carriers to

co-locate on Lessee's PCS, and for each such co-locator shall pay to LESSOR a fee

equal to_____________% percent of the total amount of the gross rental charge

assessed to each and every co-locating user. The Co-location Fee shall increase by

____________ % percent each year per co-locator over the term of the Lease. LESSEE

shall seek out, and pursue all negotiations with, potential co-locating users in good faith

and with reasonable diligence in an attempt to maximize the revenues from co-location

use, and shall regularly provide certified documentation to the LESSOR identifying the

total revenue received from each co-locating user, as the LESSOR may reasonably

request from time to time.

(c) Utility Charge. LESSEE shall install separate PG&E utility meters at the Premises

and, when permitted by servicing utilities, LESSEE shall be responsible for obtaining all

utilities necessary for LESSEE's use of the Premises and shall be responsible for, and

promptly pay to the appropriate utility companies, all charges for electricity and other

utilities used or consumed by LESSEE on the Premises. LESSOR will reasonably

cooperate with LESSEE in LESSEE's efforts to obtain utilities from any location provided

by LESSOR or the servicing utility, including the signing of license or similar instrument

reasonably required by the utility company, subject to any approvals required by any


47

state and local laws and regulations. In the event utilities are provided by LESSOR,

LESSEE shall pay additional rent equal to the cost of utility service provided to the

Premises and attributable to LESSEE's use at utility company rates as charged to

LESSOR ("Utility Charge"). LESSEE shall pay the estimated cost of any Utility Charge

monthly in advance together with the monthly rent, following construction of the PCS. At

least annually during the Lease Term, LESSOR (or, at LESSOR's election, LESSEE)

shall calculate the actual Utility Charge for the immediately preceding twelve (12)

months based on readings from the utility meters at the Premises and on the rate

currently charged by the applicable utility. Any excess amounts paid by LESSEE will be

credited to LESSEE's next due Utility Charge, and any shortage shall be paid by

LESSEE to LESSOR within thirty (30) days of notice of such calculation. Upon the first

anniversary of the Commencement Date, and on each such anniversary thereafter, at

the LESSOR's or LESSEE's option, the estimated Utility Charge paid monthly by

LESSEE may be increased or decreased to equal the average actual Utility Charge paid

per month for the preceding year, as reasonably determined by LESSOR.

4. Term of Lease. The Agreement shall be effective as of the date of execution by both

parties, provided, however, the initial term of this Agreement shall be twenty (20) years

(the "Initial Term") commencing on the Commencement Date (as hereinafter defined).

The term, if not extended as provided for in this paragraph, shall terminate on the

twentieth anniversary of the Commencement Date (the "Term") unless otherwise

terminated as provided in Paragraphs 10 or 11. Unless LESSOR shall send notice of its

intention not to renew at least one hundred eighty (180) days prior to expiration of any

given Term, LESSEE shall have the right to extend the Term for two (2) successive five

(5) year periods (the "Renewal Terms") on the terms and conditions as set forth herein.

This Agreement shall automatically be extended for each successive Renewal Term

unless either party notifies the other of its intention not to renew at least one hundred

eighty (180) days prior to commencement of the succeeding Renewal Term.

5. Commencement Date: The initial term of this Lease shall commence on that date (the

"Commencement Date") which is the earlier to occur of the following: (a) the first month

following LESSEE's notice to LESSOR in writing that LESSEE has obtained all permits

and approvals necessary for LESSEE to be legally entitled to construct the PCS, or (b)

three (3) months following execution of this Agreement by both parties.

6. Use of the Premises. LESSEE shall use the Premises only for the purpose of

installing, operating, modifying, maintaining and removing the PCS. LESSEE shall not

use the Premises for any other purpose without the advance written consent of

LESSOR. LESSEE shall have the right to make, install, replace or modify any

improvements on the Premises as it deems necessary from time to time for the


48

operation of the PCS system, providing such improvements are made in accordance

with the provisions of this Lease.

7. License. LESSOR hereby grants to LESSEE for the duration of this Lease or any

extensions thereof, an unimpaired, nonexclusive license in and over the Site in the

location(s) shown on Exhibit A for reasonable access to the Premises, and to the

appropriate source of electric and telephone facilities (collectively the "Access and Utility

License Area"). LESSEE will have access to the Premises and the Access and Utility

License Area twenty-four (24) hours per day, seven (7) days per week, provided,

however, that LESSEE shall give LESSOR 48 hours advance written notice before

accessing the Premises and Access and Utility License Area, except for emergencies, in

which event LESSEE may provide notice to LESSOR orally, and as early as practicable.

To the extent that an easement is required by any utility company in order to provide

utility service to LESSEE at the Premises, and LESSOR is unable or unwilling to obtain

the necessary approvals to grant such easement(s), LESSEE may terminate this Lease

upon written notice to LESSOR. LESSEE understands and agrees that the acquisition of

an easement may require, and be subject to, the vote of District Board of Trustees at a

regularly scheduled Board meeting.

8. Protection Against Interference. (a) LESSEE shall operate the PCS in a manner that

will not cause electrical or physical interference to LESSOR or other lessees or

licensees of the Site, provided that their installations predate that of the PCS. All

operations by LESSEE shall be in compliance with all applicable laws and regulations of

governmental bodies with jurisdiction over the Premises and the PCS including without

limitation all FCC requirements, all FAA requirements and regulations of the State of

California Department of Public Health ("DPH"). LESSEE shall have the right and shall

be required to make any necessary postings as required by the FCC, FAA or DPH. (b)

Subsequent to the installation of the PCS, LESSOR shall provide LESSEE with notice of

any proposed installation of additional communication antennae on the Site. Such notice

shall include technical information from the party proposing such installation sufficient for

LESSEE to determine whether the installation will interfere with LESSEE's operation.

LESSEE shall advise LESSOR within twenty (20) days of receipt of such notice whether,

in LESSEE's opinion, the proposed use will cause any material and measurable

interference with LESSEE's operation of LESSEE's PCS. LESSOR will not grant a

Lease to any party for use of the Site if such use could not be accomplished without

materially and measurably interfering with LESSEE's PCS. LESSEE will not be required

to modify the PCS to prevent interference with any subsequent communications uses of

the Site so long as LESSEE operates the PCS reasonably and within its assigned

frequencies and in compliance with all applicable rules and regulations of the Federal

Communications Commission ("FCC"). (c) Provided that LESSOR shall comply with the


49

terms, covenants and conditions of this Lease, this Lease shall not prohibit LESSOR

from leasing space on the Site, including to direct and indirect competitors of LESSEE,

for uses similar to the permitted use hereunder and, further provided that it shall not in

any way diminish the exclusive nature of the Premises, LESSEE rights under this Lease

or result in any increased cost or expense to LESSEE, LESSEE agrees to reasonably

cooperate with LESSOR regarding the location of such other direct competitors of

LESSEE on the Site.

9. Damage and Destruction. If the Premises are, in whole or in part, damaged or

destroyed, the following shall apply: (a) if the Premises are wholly damaged or destroyed

such that the Premises are rendered permanently unusable for reconstruction of a PCS,

LESSEE may terminate this Lease, in which event LESSEE shall be liable for the rent

only up to the date of such destruction and rent prepaid by LESSEE for any period

beyond the date of such destruction shall be returned to LESSEE; but (b) if the Premises

are only partially destroyed, LESSEE shall, with reasonable diligence and within a

reasonable time, repair the PCS, and shall be eligible for a pro rata reduction of rent

from the time of such partial destruction until the PCS is reconstructed; provided

however that LESSEE shall not be required to rebuild the PCS if (1) such partial damage

or destruction shall occur within the six (6) months prior to the termination of the then-

current term of this Lease or (2) the reasonably diligent repair and restoration of such

damage and destruction shall take more than ninety (90) consecutive days to complete

from the date such repair and restoration is commenced. (c) LESSOR shall not be

required to make any repairs to the Premises or Site unless such repairs shall be

necessitated by reason of the default or neglect of LESSOR.

10. Termination by LESSEE. LESSEE may terminate this Lease upon the giving of thirty

(30) days prior written notice to LESSOR if any of the following events occurs: (a) Failure

by LESSEE to obtain and maintain, through no fault of its own, any necessary permits,

approvals or orders to construct, operate and/or maintain the PCS; or (b) Failure by

LESSOR to comply with any material term, condition, or covenant of this Lease, if such

failure is not cured within sixty (60) days after written notice thereof to LESSOR, or in the

event of a cure which requires in excess of sixty (60) days to complete, if LESSOR has

not commenced such cure within sixty (60) days of such notice and is not diligently

prosecuting said cure to completion. Upon termination, all prepaid rents will be retained

by LESSOR unless such termination is a result of LESSOR's default.

11. Termination by LESSOR. LESSOR may terminate this Lease upon occurrence of

any of the following: (a) Failure by LESSEE to pay any rent required hereunder when

due, if such failure shall continue for more than twenty (20) calendar days after delivery

to LESSEE of written notice of such failure to make timely payment; or (b) Failure by

LESSEE to comply with any material term, condition or covenant of this Lease, or the


50

failure to comply with any condition of any permit, license, special permit or approval

granted to LESSEE, or its agents or assigns authorizing and permitting the intended use

and/or structures necessary thereto, other than the payment of rent, if such failure is not

cured within thirty (30) days after written notice thereof to LESSEE, or in the event of a

cure which requires in excess of thirty (30) days to complete, if LESSEE has not

commenced such cure within thirty (30) days of such notice and is not diligently

prosecuting said cure to completion; or (c) Failure by LESSEE to secure and maintain at

least one (1) wireless communications carrier to install and operate antennae on the

PCS. Such antennae may be owned and operated by LESSEE or one or more co-

locator(s)/subtenant(s) of LESSEE.

12. Warranty of Title and Quiet Enjoyment. LESSOR warrants and covenants that

LESSOR is the legal owner of the Premises, and has legal right to possession of the

Premises and the power and the right to enter into this Lease, and that the person

signing this Lease has the authority to sign, and that LESSEE, upon the faithful

performance of all the terms, conditions and obligations of LESSEE contained in this

Lease, will be permitted by LESSOR to peaceably and quietly hold and enjoy the

Premises upon the terms, covenants and conditions set forth in this Lease throughout

the term of this Lease and any extension thereof.

13. Liability and Indemnification. LESSEE shall indemnify and hold LESSOR and

LESSOR'S boards, officers, employees and agents (collectively, the "Lessor Entities")

harmless from all claims (including attorneys' fees, costs and expenses of defending

against such claims) arising from (a) the negligent construction, operation, maintenance

of the PCS or LESSEE'S negligent use of the Premises and (b) the negligence, acts or

omissions of LESSEE or LESSEE'S agents or employees in or about the Site. The

duties described in Paragraph 13 survive termination of this Lease. Indemnified

expenses shall include, without limitation, all reasonable out-of-pocket expenses, such

as attorney's fees and other legal costs and expenses and consultant fees, and shall

also include the reasonable value of any services rendered by the LESSOR'S Counsel.

LESSEE'S obligation to indemnify, hold harmless, release and defend the LESSOR shall

not be limited by the requirement for, or existence of, insurance coverage. LESSEE, its

counsel, and its insurer shall have a duty to cooperate with the LESSOR and its Counsel

in connection with any matters that fall within the scope of this indemnification

requirement, which requirement shall survive the termination or expiration of the Lease.

14. Insurance. LESSEE shall, at its sole cost, obtain and maintain throughout the term of

this Agreement and during any extensions thereof; (a) Commercial General Liability

insurance with limits not less than one million ($1,000,000) per occurrence, $2,000,000

aggregate; (b) Commercial Auto Liability insurance on all owned, non-owned and hired

automobiles with a minimum combined limit of not less than one million ($1,000,000) per


51

occurrence; (c) Workers Compensation insurance providing the statutory benefits and

not less than one million ($1,000,000) of Employers Liability coverage; (d) Umbrella

Liability insurance following the same form as the underlying commercial general liability,

auto liability and employer's liability with limits not less than five million ($5,000,000).

LESSEE will include the LESSOR as an additional insured on the Commercial General

Liability, Auto Liability, and Umbrella Liability policies. Certificates of insurance and

copies of policies shall be delivered to LESSOR at or prior to the commencement of the

Lease, and certificates of renewals or replacements thereafter shall be furnished to

LESSOR prior to the expiration date of such insurance policy. LESSEE shall notify

LESSOR in writing at least thirty (30) days prior to the effective date of any cancellation

or nonrenewal of any required coverage that is not replaced. 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 reasonable premiums, if

paid by the LESSOR. LESSEE shall require any and all co-locator(s)/sub-tenant(s) to

carry and maintain the types of insurance policies and amounts consistent with the

above listed coverage.

15. Title To and Removal of LESSEE's Equipment. Title to LESSEE's equipment

installed at and affixed to the Premises by LESSEE shall be and shall remain the

property of LESSEE. Upon advance written notice to LESSOR, LESSEE may, at any

time, including any time it vacates the Premises, remove LESSEE's equipment, fixtures,

and all of LESSEE's personal property from the Premises. Provided, however, that,

LESSEE shall restore the Premises to the condition in which it existed upon execution

hereof, reasonable wear and tear and loss by casualty or other causes beyond

LESSEE'S control.

16. LESSEE'S Responsibility to Discharge Liens. If any mechanic's, laborer's or

materialman's lien shall at any time be filed against the Premises or LESSEE'S interest

under this Lease, or any part thereof, with respect to the performance of any labor or the

furnishing of any materials to, by or for LESSEE or anyone claiming by, for or under

LESSEE, LESSEE, within ninety (90) days after receipt by LESSEE of notice of the filing

thereof, shall cause the same to be discharged of record by payment, deposit, bond,

order of a court of competent jurisdiction or otherwise. If LESSEE shall fail to cause such

lien to be discharged within the period aforesaid, then, in addition to any other right or

remedy, LESSOR may, if such lien shall continue for fifteen (15) days after notice from

LESSOR to LESSEE, but shall not be obligated to, discharge the same by paying the

amount claimed to be due or by procuring the discharge of such lien by deposit or by

bonding proceedings or otherwise. Any amount so paid by LESSOR and all costs and

expenses incurred by LESSOR in connection therewith, together with interest at the


52

prime rate as published in the Wall Street Journal from the respective dates of

LESSOR's making of the payment or incurring of the cost and expense, shall constitute

additional rent payable by LESSEE under the Lease and shall be paid by LESSEE to

LESSOR on demand.

17. Remedies. Upon a default, the non-defaulting Party may at its option (but without

obligation to do so), perform the defaulting Party's duty or obligation on the defaulting

Party's behalf, including but not limited to the obtaining of reasonably required insurance

policies. The costs and expenses of any such performance by the non-defaulting Party

shall be due and payable by the defaulting Party upon invoice therefor. In the event of a

default by either Party with respect to a material provision of this Lease, without limiting

the non-defaulting Party in the exercise of any right or remedy which the non-defaulting

Party may have by reason of such default, the non-defaulting Party may terminate the

Lease and/or pursue any remedy now or hereafter available to the non-defaulting Party

under the Laws or judicial decisions of the state in which the Premises are located.

18. Holding Over. If LESSEE holds over after this Lease has been terminated the

tenancy shall be month to month, subject to the provisions of the Lease.

19. Surrender. Upon the expiration of this Lease, LESSEE shall remove the PCS and

other improvements and equipment installed at the Premises by LESSEE, and shall

surrender the Premises in as good order and condition as when first occupied by

LESSEE, normal wear and tear excepted. LESSEE shall, on or before the

Commencement Date of this Lease, obtain and maintain a "removal bond" in favor of

LESSOR in an amount sufficient to secure the completion of the restoration of the

Premises, but no less than $50,000. Upon LESSEE's surrender of the Premises, any

equipment and/or structures remaining thereon shall become the property of LESSOR

after thirty (30) days have expired.

20. Assignment and Subletting. LESSEE shall not assign, sublet or otherwise transfer or

encumber all or any part of LESSEE's interest in this Lease without prior written consent

of the LESSOR; provided, however, LESSEE shall have the right to assign its rights

under this Lease to any of its subsidiaries or successor legal entities or to any entity

acquiring substantially all of the assets of LESSEE without the prior consent of LESSOR,

provided, however, that LESSEE gives LESSOR advance written notice of such an

assignment, and provided further that such subsidiary or successor certifies in writing in

advance that it is in good standing in the State of California, is licensed by the FCC, and

is ready, willing and able to assume all obligations under this Lease.

21. Notices and Other Communications. Every notice required by this Lease shall be

delivered by postage prepaid return receipt requested, certified mail, addressed to the

party for whom intended at the address appearing in the first paragraph of this Lease or

at such other address as the intended recipient shall have designated by written notice.


53

A copy of each notice sent to LESSEE shall be sent to

__________________________________________________.

22. Hazardous Substances. LESSEE agrees that it will not use, generate, store or

dispose of any hazardous material on, under, about or within the Site in violation of any

law or regulation. LESSEE agrees to defend, indemnify and hold LESSOR, its officials,

agents and employees harmless from and against any and all liabilities, claims,

damages, losses, costs and expenses, including reasonable attorneys' fees and court

costs, to the extent caused by any use, generation, storage or disposal of any hazardous

materials on, under, about or within the Site by LESSEE. As used in this paragraph,

"hazardous material" means petroleum products and asbestos; any substance known to

cause cancer and/or reproductive toxicity; and any substance, chemical or waste that is

identified as hazardous, toxic or dangerous in any applicable federal, state or local law

or regulation. This paragraph shall survive the termination of this Agreement.

23. Limitation of Liability. LESSOR shall not be liable to LESSEE or any of LESSEE'S

agents, representatives, employees, subtenants or assigns for any lost revenue, lost

profits, loss of technology, rights or services, incidental, punitive, indirect, special or

consequential damages, loss of data, or interruption or loss of service, even if advised of

the possibility of such damages, whether under theory of contract, tort (including

negligence), strict liability or otherwise. No officer, director, member, employee, or other

principal, agent or representative (whether disclosed or undisclosed) of the LESSOR,

nor any participant with the LESSOR, shall be personally liable to LESSEE hereunder,

for any of LESSOR'S obligations, LESSEE hereby agreeing to look solely to the assets

of LESSOR for the satisfaction of any liability of LESSOR hereunder.

24. Waivers. Any waiver of any right under this Lease must be express and unequivocal,

and must be in writing and signed by an authorized representative of the waiving party.

25. Entire Agreement/Amendments. This Lease (including the exhibits thereto) and

Request for Proposals issued by the Yuba Community College District is the entire

understanding between the parties relating to the subjects it covers. Any amendments to

this Lease must be in writing and executed by both parties.

26. Taxes. LESSEE shall pay any personal property taxes assessed on, or any portion

of such taxes attributable to, the PCS. LESSEE shall pay as additional rent any increase

in real property taxes levied against Premises which are directly attributable to

LESSEE's use of the Premises.

27. Severability. If any provision of this Lease is invalid or unenforceable with respect to

any party, the remainder of this Lease will not be affected, unless such invalidity or

unenforceability materially and adversely affects the rights of a party to this Lease, in

which event such party affected may terminate the Lease.


54

28. Condemnation. In the event that LESSOR receives notification of any condemnation

proceedings affecting the Property, LESSOR will provide notice of the same to LESSEE.

If a condemning authority takes all of the Property, the Agreement shall terminate as of

the date the title vests in the condemning authority.

29. Choice of Law/Jurisdiction. This Lease and any disputes arising thereunder shall be

subject to the laws of the State of California, and any proceedings to adjudicate disputes

between the parties hereto shall be brought in the Sutter County Courthouse, in

California, to whose jurisdiction the parties hereby assent.

30. Subject to the Yuba Community College District, Board Of Trustees, Regularly

Scheduled Meeting Approval and Authorization. This Lease is contingent upon and

subject to full approval of this transaction by a duly constituted Board of Trustees

Meeting, Approval/Authorization of the Chancellor, and/or at the discretion of the

Chancellor, the Vice-Chancellor of Administrative Services.

Proposer Officer/Authorized Agent: Printed Name

Proposer Officer/Authorized Agent: Signature

Date

Yuba Community College District, by and through its Board of Trustees By:

District Chancellor: Printed Name

District Chancellor: Signature

Date


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Vice-Chancellor of Administrative Services: Printed Name

Vice-Chancellor of Administrative Services: Signature

Date


56

APPENDIX M, Exhibit A: PROPOSER MAPS/SKETCH OF LAND LEASE BY

LOCATION, UTILITIES, ETC.., WITH ACCESS AND SITE IMPROVEMENTS NOTED.

Description of Property to be Leased Site situated in the Yuba Community College District, in

the State of California, and located at:

The property to be leased is that portion of the property owned by the District.

The property is shown per the following overall site map attached hereto as “General Location

for Wireless Communication/Cell Tower.” The exact location to be determined and agreed to by

the District and the successful Proposer. Sketch of Site and proposed location of tower provided

by the Proposer and to be included in the Proposal for consideration.


57

APPENDIX N: 20-Year Lease Spreadsheet of Payments By Type,

Location, with planned increases per section 10, 11, and 12 above.

Note any potential costs to the District. Proposer to provide a detailed

spreadsheet that totalizes all payments and include with the proposal.


58

The End.