Neutral Host-Distributed Antenna System
Request for Proposals
for
Neutral Host-Distributed Antenna System
July 3, 2013
City of Sioux Falls, South Dakota
RFP No. 13-0032
Table of Contents
1.Purpose of the RFP12.Introduction33.Scope of Work34.Technical
Requirements45.Signal Coverage and
Liability46.Manageability57.Construction Requirements58.Mandatory
Code Compliance and Industry Standards59.Aesthetics610.Equipment
Room611.Access612.Renovations613.Preparation and
Furnishing714.Responsibilities During Construction715.Equipment
Furnished by the Vendor716.Vendor’s Trade
Fixtures817.Implementation and Project Plan818.Acceptance and Test
Plan919.Maintenance1020.Trouble Reporting/Emergency
Service1021.Replacement Parts1122.Business Model1123.Quality of
Service1124.Safety Measures1225.Use of Work Area1226.Cooperation,
Construction, and Interfacing With Other Contractors1227.
Indemnification1428.Insurance Requirements1429.Cost
Proposal1530.Contract Award1531.Submittal
Requirements1632.Selection Criteria1833.Special
Conditions1934.Authorized Signature1935.City Not Responsible for
Preparation Costs1936.Conflict of Interest1937.Offeror’s
Certification1938.No Contact Policy2039.Proposal as Part of
Contract2040.Special Conditions20Attachment A EMS Radio
Frequencies21Exhibit Attachment B Events Center, Convention Center,
and Sioux Falls Arena Building Plans22Attachment C Denny Sanford
PREMIER Center—Contractor Premise Access Policy23Attachment D DAS
LICENSE AGREEMENT31
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Request for Proposals
for a Neutral Host-Distributed Antenna System
1.Purpose of the RFP
1.1This Request for Proposal (RFP) is issued by the City of
Sioux Falls (hereinafter referred to as the “City”). The purpose of
this RFP is to establish a license agreement with a qualified
vendor interested in designing, constructing, installing,
operating, and maintaining a neutral host-distributed antenna
system (“DAS”) at the Denny Sanford PREMIER Center, the Sioux Falls
Convention Center, and the Sioux Falls Arena (individually and
collectively, the “Complex”) located in Sioux Falls, South
Dakota.
1.2Scott Rust, Purchasing Manager, Finance Office, is the point
of contact for this RFP. Unauthorized contact regarding the RFP
with other City employees or representatives may result in the
vendor being disqualified.
Scott Rust, Purchasing Manager, Finance Office
Phone:605-367-8836
Fax:605-367-8016
Email:[email protected]
1.3This schedule of events represents the City’s best estimate
of the schedule that will be followed for this RFP. If a component
of this schedule, such as the deadline for receipt of proposals, is
delayed, the rest of the schedule will be shifted by the same
number of days.
The approximate RFP schedule is as follows:
· RFP Issued: July 3, 2013.
· Preproposal Meeting for Questions: July 19, 2013.
· Proposals Due: August 15, 2013.
· Review of Proposals: August 19–23, 2013.
· Presentations: August 26–30, 2013.
· Contract Award: September 6, 2013.
· Execute Contract: Approximately October 30, 2013.
· Design and Install DAS: TBD.
1.4Offerors must submit one (1) original hard copy (marked
“Original”) and four (4) hard copies of the proposal in a sealed
envelope or package. One electronic copy sent to the owner’s
representative, Tegra Group.
1.5Envelopes or packages containing proposals must be clearly
addressed as described below to ensure proper delivery and to avoid
being opened by the City before the deadline for receipt. Envelopes
or packages must be addressed as follows:
City of Sioux Falls Purchasing Office
Attention: Scott Rust
Neutral Host-Distributed Antenna System
RFP No. 13-0032
224 West Ninth Street
P.O. Box 7402
Sioux Falls, SD 57117-7402
Owner’s Representative
Tegra Group
Attention: Dick Strassburg
801 Nicollet Mall, No. 1850
Minneapolis, MN 55402
1.6Proposals must be received by the Purchasing Office at the
location specified above no later than 2 p.m., Central time,
on August 15, 2013. Proposals will not be publicly read at the
opening.
1.6.1Proposals may not be delivered orally, by facsimile
transmission, by other telecommunication, or electronic means.
1.6.2Offerors assume the risk of the method of dispatch chosen.
The City assumes no responsibility for delays caused by any
delivery service. Postmarking by the due date will not substitute
for an actual proposal receipt by the City. An offeror’s failure to
submit its proposal prior to the deadline will cause the proposal
to be rejected. Late proposals or amendments will not be opened or
accepted for evaluation.
1.7Questions regarding this RFP shall be submitted in writing to
Scott Rust, Purchasing Manager, at [email protected]. Answers to
questions will be posted to the City’s website. The deadline for
questions is 10 a.m., Central time, on Tuesday, August 6,
2013.
1.7.1If deemed necessary, addenda to the RFP will be issued and
will be emailed to all known proposers. No addenda will be issued
after 5 p.m. on Monday, August 12, 2013.
1.7.2Responding firms are prohibited from communicating in any
other manner about this project with any other City employee or
representative from the date of issuance of this RFP until the
final selection, unless otherwise directed by the Purchasing
Manager. Other means of communications or contact may disqualify
the submitting firm.
2.Introduction
2.1The City is soliciting proposals from qualified vendors
interested in designing, constructing, installing, operating, and
maintaining a neutral host-distributed antenna system (DAS) at the
Complex.
2.2The Denny Sanford PREMIER Center (“Events Center”) is one of
the largest capital construction projects in the City’s history and
represents a major investment in Sioux Falls’ economic future. Now
under construction, the Events Center is slated to open in the fall
of 2014.
2.2.1Owner: City of Sioux Falls.
2.2.2Food and Beverage Management: SMG Management/Ovations.
2.2.3Owner’s Representative: The Tegra Group, Inc.
2.2.4Project Architect: Sink Combs Dethlefs.
2.2.5Contractor: M. A. Mortenson Company.
2.2.6The Events Center project consists of a 12,000-seat
multiuse events center of approximately four levels to include:
Event level, main concourse, suite level, and upper
concourse.
2.7The Convention Center was constructed in 1997 and has 2
exhibit halls, 1 ballroom, and 13 meeting rooms. The facility is
approximately 144,000 square feet and is primarily used for trade
shows and meetings.
2.8The Arena was constructed in 1961 and has a capacity of
approximately 7,200 and is used for basketball, hockey, indoor
football, concerts, tradeshows, and rodeos.
3.Scope of Work
3.1The professional scope of work includes, but may not be
limited to, the following:
3.1.1Design, construct, install, operate, and maintain a neutral
host solution to support RF-based telecommunications applications
to a multitenant DAS at the Complex.
3.2Provide commercial mobile radio service providers with access
to the DAS for purposes of receiving and transmitting radio
frequency signals to portable wireless devices used by persons
using, visiting, and/or attending events at the Complex.
3.3Responsibility for all DAS operations, including all licensed
spectrums that commercial mobile radio service providers are
currently authorized by the FCC to implement, as well as a licensed
spectrum that may be implemented for wireless service in the
future, the negotiation of multiple wireless carrier sublicense
agreements, carrier installation and access supervision, DAS
monitoring, repair and maintenance, and radio frequency
interference management.
3.4Incorporate DAS expansion options into the overall growth
strategy for the Complex in coordination with the City’s management
and design teams.
3.5The DAS License Agreement will be awarded for an initial term
of ten (10) years with four (4) options for the City to extend the
term for additional periods of five (5) years each, at the sole
election of the City.
4.Technical Requirements
4.1The DAS shall provide coverage throughout the Complex,
including administrative offices and loading docks.
4.2The DAS shall be carrier neutral and support every commercial
mobile radio service provider independent of the wireless
frequencies and format used.
4.3The DAS and all its subsystems shall be designed to operate
24 hours per day, 7 days per week, 365 days per year.
4.4The DAS must be compatible with current (EVDO/EVDV and UMTS)
and new technologies (for example, 4G), as well as current
rebanding efforts.
4.5The DAS must support and be compliant with the City’s local
public safety (Police and Fire) frequencies, listed in Exhibit A,
and support public safety frequencies.
4.6The DAS will be subject to periodic reviews and upgrades as
technologies evolve and must be able to expand to accommodate
additional interested carriers at later intervals.
4.7The DAS design must use modular architecture.
4.8Prior to any installation, all equipment and antenna-mounting
locations are to be reviewed and approved by the City.
4.9The DAS must be designed and operated to meet current FCC
E-911 regulations.
5.Signal Coverage and Liability
5.1Active Signal Handling: The DAS must have active (powered)
elements that filter and amplify radio signals to consistently
deliver wireless services at the appropriate power levels.
5.1.1The DAS must support all requested services to ensure that
each service (or wireless carrier) has the ability to adjust and
control power levels without disturbing other services.
5.2RF Signal Coverage: At a minimum for cellular and PCS
coverage, the DAS system must deliver a minimum signal strength of
-85 dBm to -89 dBm throughout the Complex.
5.3Fiber Optic Transport: The DAS may utilize single and
multimode fiber optic cable to distribute signals within the
vertical risers.
5.4Broadband Distribution: The DAS must use CAT 6 or coaxial
cable in the horizontal runs to remote antenna units or directly to
passive broadband antennas in the licensed area.
5.5Coverage Selectability: The DAS must use a
point-to-multipoint distribution architecture to provide different
services and power levels throughout the Complex.
5.6Licensed Services: The DAS must support the provision of
wireless services by commercial mobile radio service providers
licensed by the FCC to operate on assigned frequencies (700 MHz,
800 MHz, 1900 MHz, AWS spectrum) and excluding Internet access via
Wi-Fi and fixed Wi-Max services.
6.Manageability
6.1Simple Network Management Protocol Integration: The DAS
system shall be SNMP compliant.
6.2Centralized Management System: In the absence of an
SNMP-based NMS system, the DAS system must provide a centralized
management system that provides a system wide view of the
in-building deployment.
6.3End-to-End Visibility:
6.3.1The DAS system must provide end-to-end status information
from the BDA/BTS to the remote end including the antennas.
7.Construction Requirements
7.1Follow the City’s published construction standards and
Complex facility information.
7.2Follow all applicable federal, state, and IBC standards.
7.3An extensive plan review and approval process will be
required by the City prior to any installations.
7.4The selected vendor is responsible for all permits, licenses,
certificates, and authorizations for construction activities.
7.5Construction activity for the DAS will be subject to the
Complex event calendar and the Events Center construction activity
calendar and must not impede current construction activity.
8.Mandatory Code Compliance and Industry Standards
8.12011 National Electric Code (National Bureau of Standards)
and all other Industry standards as listed in Exhibit G of the
License Agreement (Attachment D).
8.2Applicable FCC and other applicable federal, state, and local
laws, regulations, and ordinances.
8.3The installation, operation, or maintenance of the DAS shall
not endanger or interfere with the safety of persons or property
located at the Complex.
8.4The design of the DAS must minimize the equipment that would
be placed or mounted internally on building structures and in any
publicly visible location.
9.Aesthetics
9.1Use of stealth antennas and antennas that blend into the
building architecture at the Complex shall be provided.
9.2Indoor antennas shall be low-profile, flush-mount types
suitable for suspended ceilings or walls, and shall be of a
multiband configuration.
9.3It is acceptable to surface-mount antennas in an open ceiling
environment and to install surface-mounted antennas to walls near
ceiling height.
9.3.1Prior to any installation, all antenna mounting locations
are to be reviewed and approved by the City.
10.Equipment Room
10.1The City will establish a clearly defined equipment
room.
10.2The vendor will be responsible for getting service into the
designated equipment room and extending to the headend equipment
room.
10.3Fixtures will not be placed in locations that will interfere
with gas, electric, steam, water, or other fixtures at the Complex
that the City deems as having priority.
11.Access
11.1The vendor will be dependent on the Complex contractor and
the Events Center construction manager for facility access during
the initial construction.
11.2The Complex maintains 24-hour-per day, 7-day-per-week
on-call personnel and public safety personnel security.
11.3Access to the Events Center during construction will be
coordinated per the access policy attached as Attachment C.
Access for the complex after the construction will be coordinated
through the building manager.
12.Renovations
12.1When building improvements or maintenance at the Complex
affect the DAS, the vendor will be required to remove or relocate
its wires, conduits, cables, and other property located at the
Complex.
12.2The vendor will be responsible for daily cleanup and trash
removal during the initial installation and any subsequent work
performed by the vendor or other carriers.
12.3The vendor must adhere to all safety guidelines set by the
City and the Events Center construction manager.
13.Preparation and Furnishing
13.1The condition of the complex is “as is.”
13.2The licensed premises and the dedicated areas are presently
undefined and will be established based on the vendor’s proposed
system design and agreed-upon space utilization.
13.3The licensed premises are expected to be specified based on
the proposed system design and the vendor will accept the licensed
premises “as is.”
13.4The City shall have design review and approval rights of the
improvements proposed by the vendor. The vendor shall submit the
following information for approval by the City:
13.4.1Schematic plans.
13.4.2Cost estimate and budget for the proposed installation of
the DAS.
13.4.3Schedule for the proposed build-out of the DAS.
14.Responsibilities During Construction
14.1Design, construction, materials, and methods will be
approved by the City before the construction is bid and
awarded.
14.2The vendor’s construction schedule will be coordinated with
the City and approved before any construction shall begin.
15.Equipment Furnished by the Vendor
15.1The vendor shall furnish at its own expense all equipment
necessary to install, operate, and maintain the DAS and as more
fully detailed in the vendor’s proposal and work plan. The vendor
shall supply the City in its response the number of square feet
needed in the interior and exterior for DAS equipment.
15.2The vendor is also responsible for any and all specific
equipment necessary or convenient to the operation of the DAS for a
world-class operation at the Complex.
15.2.1The City will not furnish any equipment or items.
15.3Any wiring, conduit, and cabling must remain in place and in
good condition at the conclusion of the License Agreement and will
become property of the City.
15.4The vendor shall be responsible for the repair, alteration,
and replacement of all equipment and furnishings during the entire
term of the License Agreement.
15.5The vendor, in consultation with the City, shall provide a
detailed equipment schedule and maintain a comprehensive preventive
maintenance program with respect to any equipment or other property
owned and used in the conduct of its DAS operations at the
Complex.
15.6If the vendor wishes to provide equipment in addition to
that authorized by the License Agreement, any such equipment shall
be approved in writing previous to purchase and installation.
15.7Should early contract termination take place, the additional
equipment shall be removable by the vendor from the licensed
premises in a way that causes no physical harm or damage to said
facilities and that such removal does not detrimentally affect the
operation of the complex.
15.8The vendor shall repair any damage to said facilities or any
other areas in the Complex caused by the removal of said equipment
and shall restore such facilities or other areas in the said
facilities to their original condition.
16.Vendor’s Trade Fixtures
16.1Provided that the vendor is not at such time in default of
any terms or covenants of the License Agreement, which default is
not cured within any applicable grace period after written notice
thereof has been given, all trade fixtures that are owned by the
vendor and installed in the licensed premises shall remain the
property of the vendor and shall be removable by the vendor upon
the expiration or sooner termination of the License Agreement,
provided that the vendor shall repair any damage to said facilities
or any other areas in the Complex caused by the removal of said
fixtures and shall restore such facilities or other areas in the
said facilities to their condition prior to the installation of
such fixtures and equipment.
17.Implementation and Project Plan
17.1Vendor will coordinate all activity and hardware
installation that affects the use of fiber, conduit, and cable tray
with the City.
17.2Implementation and project plans must include:
17.2.1Timeline to include:
17.2.1.1Planning, installation, testing, and other major
milestones associated with the DAS project.
17.2.1.2Milestones at which the City must be engaged to provide
support, the type of support desired, and the length of time
estimated will be required of City resources. (List the amount of
hours City staff will be required to give support through
implementation.)
17.2.2Project plan to include:
17.2.2.1Design drawings.
17.2.2.2Additional RF signal coverage surveys to develop the
design must be obtained at the vendor’s expense.
17.3The vendor will provide a map of the proposed layout prior
to installation of the DAS network design, including proposed
antennae locations.
17.4Should the final design in the City’s judgment deviate from
the bid in a manner that constitutes any hardship for the City, the
City reserves the right to terminate without cost or cause any
License Agreement resulting from this procurement.
17.5Installation acceptance:
17.5.1The DAS system will be tested by the vendor within
approximately four (4) weeks of notification for completion and
prior to acceptance by the City.
17.5.2Final “as-built” drawings (electronic) are to be submitted
to the City within one (1) month of completion and acceptance.
17.6Project Team:
17.6.1Contact information for the project manager and/or the
account manager is to include office phone, cell phone, fax number,
email address, and street address for hard copy correspondence.
17.6.2Project Manager will:
17.6.2.1Serve as a single point of contact for communication
with the City.
17.6.2.2Act as liaison between the City and the vendor’s
employees and subcontractors.
17.6.2.3Attend on-site meetings, both scheduled and
unanticipated.
17.6.2.3.1Be on-site to oversee the subcontractor’s work and
keep project on schedule.
17.6.2.4Update the project status and report same to the City’s
Project Manager.
17.7Vendor will promptly notify the City of all delays, known or
anticipated, in the construction, rebuild, or extension of the
DAS.
17.8The parties may extend the construction timetable in the
event the vendor, acting in good faith, experiences delays by
reason of circumstances beyond its control.
18.Acceptance and Test Plan
18.1The vendor and the City will mutually agree on the
acceptance test specifications for the installed DAS. Vendor should
include in its response to this RFP the proposed acceptance test
specifications.
18.2The exact scope, methodologies, procedures, and acceptance
criteria for executing the acceptance tests are subject to the
City’s review and approval:
18.2.1Said test plans must incorporate, at minimum, the
following:
18.2.1.1Test equipment to verify that all components of the DAS
are functioning per specified criteria.
18.2.1.2Test and acceptance plan must clearly demonstrate DAS
functionality and compliance with the specified criteria and design
requirements of wireless carriers.
18.2.1.3Factory-authorized service representatives must
supervise the field assembly and connection of components, the
pretesting, testing, and adjustment of the DAS.
18.3Upon completing the installation of the DAS, all integrated
subsystems will be aligned, adjusted, and balanced as part of the
pretest plan.
18.4Any deficiencies observed in the pretesting will be
corrected by vendor within ten (10) days.
18.5Any malfunctioning or damaged items will be replaced with
new and tested until satisfactory performance and conditions are
achieved.
18.5.1Upon completion of all pretests, the City will be notified
a minimum of three (3) days in advance of the acceptance test
performance.
18.6Background system pretests may be conducted with
representatives from the City in attendance:
18.6.1Upon the satisfactory completion of system pretests,
operational system testing will commence to ensure DAS conformance
to requirements and specifications.
18.6.2The operational tests will include demonstration of DAS
features, functionality, and signal coverage performance.
18.7The City will inspect the DAS to verify that subsystems,
units, and controls are properly labeled and interconnecting wires
and terminals are identified.
18.8Any observed deficiencies indicated by tests or by the
City’s inspection will be rectified by vendor and completely
retested within ten (10) days.
18.8.1Work and materials required to correct deficiencies will
be made at no expense to the City.
18.9Vendor will provide copies of all zone tests for signal
coverage and their results to the City, including a detailed
diagram of the proposed in-building distribution system
superimposed on the building’s floor plans.
19.Maintenance
19.1Vendor shall bear all costs for maintenance, repair, and
ongoing operating costs of the DAS.
20.Trouble Reporting/Emergency Service
20.1Vendor shall provide a single telephone number that will be
staffed continuously (24 hours per day, 7 days per week, 365
days per year).
20.2Vendor will provide a two- (2-) hour response time for major
outages.
20.3Vendor will provide 24 hours per day, 7 days per week, 365
days per year maintenance and repair services.
20.4Vendor will provide an emergency service execution plan to
be distributed to all project participants and others as identified
as appropriate by the City.
20.5 Vendor shall also provide Procedures and Guidelines for
Maintenance and Repair of Facilities per Exhibit H of the License
Agreement.
21.Replacement Parts
21.1Vendor shall retain sufficient inventory of replacement
parts to replace faulty system components in a timely manner over
the term of the License Agreement from the date the DAS is
commissioned.
21.2No cost shall be charged to the City at any time for repair
parts, labor, or maintenance of the DAS.
21.3Vendor will resolve intersystem interference within
twenty-four (24) hours at the RF level, the digital signaling
levels, or in mechanical or electrical connections.
21.4Vendor will provide a statement of interference resolution
for RF interference, electrical/mechanical interference, and
digital and optical interference.
22.Business Model
22.1The entire cost of this project will be borne by the
vendor.
22.1.1This includes, but is not limited to, design, planning,
implementation, management, installation, utility placements, and
supporting infrastructure (electric meter loops, electrical
conduit, building and fire code fees, any penetrations and
patching, etc.), monitoring and maintenance, continual upgrading,
and marketing.
22.2Vendor will be awarded the sole right to market the DAS
services to commercial mobile radio service providers.
22.3The City will refer any inquiries received from wireless
carriers for the placement of cell sites or fiber-based
microcellular (distributed antenna) systems to the vendor and will
encourage wireless carriers to utilize the DAS solution.
22.4Vendor will be responsible for negotiating and drafting
sub-license agreements for the use of DAS by a wireless carrier.
All sub-license agreements are subject to the prior review and
approval of the City. Proposers should submit a draft of the
sub-license agreement with their RFP.
23.Quality of Service
23.1Vendor shall maintain the highest standards of service with
respect to this project.
23.2The DAS must be compatible with current and new wireless
technologies.
23.3The City shall have the right to make service audits with or
without notice as frequently as it deems necessary in any
reasonable manner and at any time.
23.4Questions or complaints regarding service, whether raised by
patrons, exhibitors, the City, or otherwise, may be submitted to
the vendor and shall be promptly and fully responded to.
23.5Vendor shall review with the City the results of service
audits and promptly correct any deficiencies called to the vendor’s
attention.
23.5.1Failure of the vendor to provide service commensurate with
the reasonable expectations of the City regarding the highest
quality of service, if recurring, shall be grounds, at the
discretion of the City, for termination of the License Agreement
after applicable notice and reasonable cure periods and pursuant to
the provisions relating to remedies available to the City.
23.6Vendor shall design, construct, and operate the DAS in a
manner that ensures that it is accessible to all wireless carriers
on an equal basis.
24.Safety Measures
24.1All persons must wear safety helmets, eye wear, appropriate
gloves, and comply with the safety requirements of the Complex.
24.2The vendor is to comply with all applicable sections of
governing federal, state, and all local laws.
24.3In the event of conflict between any of the provisions of
municipal bylaws, state acts, or federal laws, the most restrictive
shall apply.
25.Use of Work Area
25.1Delivery of supplies, equipment, and/or materials to the
Complex shall be along routes designated by the Complex manager,
the Events Center construction manager, or its representative.
25.2The vendor must obtain prior approval from the City or its
representative of areas proposed for temporary storage,
stockpiling, equipment, maintenance, or operations.
25.3Working areas shall be chosen by the City or its
representative in cooperation with the Complex manager or Events
Center’s construction manager.
25.4The vendor shall be responsible for repairing, at no cost to
the City, all damages caused by the work of the vendor or its
contractors.
26.Cooperation, Construction, and Interfacing With Other
Contractors
26.1Ensure that all trades cooperate with each other to ensure
that work will be carried out expeditiously and will be
satisfactory in all respects at completion.
26.2Ensure that all trades examine the plans and specifications
covering the work of all other sections.
26.3Vendor shall coordinate its work with the work of other
contractors at the Complex site and shall not commit or permit any
act that will interfere with the performance of the work of other
contractors.
26.3.1Where vendor’s work adjoins that of other contractors, it
shall confer with them as required and so arrange its work that
there shall be no discrepancies when the whole work is
completed.
26.3.2If vendor fails to cooperate with or coordinate its work
with the work of other contractors, it shall not make any claim
founded on delays that have resulted from such failure and it shall
save the City harmless from all claims made by other contractors
that are founded on delays caused by such failure.
26.4If any part of the work depends on its proper execution or
results upon the work of other contractors, vendor shall report
promptly and advise the City in writing of any defects in the work
of such other contractors that interfere with the proper execution
of the work.
26.5Should vendor fail to inspect and report, vendor shall have
no claim against the City by reason of defective or unfinished work
of any other contractor, except as to latent defects not reasonably
observable at the time of the commencement of the vendor’s
work.
26.6Vendor shall be responsible for any and all damages caused
by its negligence or failure to coordinate its work with that of
other contractors and any additional expenses arising
therefrom.
26.7There may be other contractors or forces of the City working
in the same area where vendor’s work will be performed.
26.7.1The Vendor or its designated representative will use
reasonable efforts to assist with coordination of work of all
contractors so as to minimize interference with or suspension of
work of any other contractor.
26.7.2These coordination efforts shall be consistent with
orderly and expeditious performance and completion of the project
as a whole.
26.8Vendor must anticipate that this work may be interfered with
or suspended from time to time on account of concurrent performance
of the work by other contractors.
26.8.1The vendor shall, if requested by the City or its
designated representative, arrange its work under the License
Agreement with the work being performed by other contractors.
26.8.2Furthermore, the City or its designated representative may
direct that certain facilities be used mutually by the vendor and
other persons.
26.9Prior to the commencement of the work, the vendor,
accompanied by the City or its designated representative, shall
inspect all previous work executed by other trades and shall report
its approval promptly in writing.
26.10If any part of the work executed is unsatisfactory, vendor
shall so report in writing to the City or its designated
representative prior to the commencement of its work.
26.11If the necessity for corrective work is established, the
Vendor or its designated representative will proceed with these
corrections.
26.12Should the vendor fail to inspect and report as mentioned
above, vendor will become responsible for all uncorrected work
executed by other trades, and they shall have no claim against the
City by reason of defective or unfinished work of any other
contractor, and they shall correct the work as required at their
own expense.
26.13All scope of work for this package for the Events Center
will need to be coordinated with Mortenson’s construction
schedule.
27. Indemnification
27.1 Licensee will indemnify, defend, and hold harmless
Licensor, including, but not limited to, its elected and appointed
officials, officers, employees, representatives, and agents from
and against all losses to the extent relating to, directly or
indirectly, a claim by a third-party related to any of the
following: (i) breach of any representation, warranty,
covenant, or agreement of Licensee in this License;
(ii) negligence, gross negligence, willful misconduct, or
other wrongful act or omission of Licensee or any Sub-Licensee or
any person acting on behalf of or under the direction or control of
Licensee or any Sub-Licensee; (iii) infringement or other
violation of any intellectual property right of any third-party;
(iv) a Licenseeinduced condition, event, or other activity
that gives rise to a third-party claim (including any, or
accusation of any, libel, slander, invasion of privacy, improper
trade practice, or breach of warranty or any unsafe, hazardous, or
defective good or service) of or at the Complex; or
(v) action, suit, or proceeding arising out of, relating to,
or resulting from any of the foregoing.
28.Insurance Requirements
28.1The vendor shall secure the insurance specified below. All
insurance secured by vendor shall be issued by insurance companies
acceptable to the City. The insurance specified in this section may
be in a policy or policies of insurance, primary or excess.
Certificates of all required insurance shall be provided to the
City upon execution of the License Agreement:
28.1.1Workers’ compensation insurance providing the statutory
limits required by South Dakota law. In addition, it shall provide
Coverage B, Employer’s Liability Coverage, of not less than
$1,000,000 each accident, $1,000,000 diseasepolicy limits. The
required limit may be met by excess liability (umbrella)
coverage.
28.1.2Commercial general liability insurance providing
occurrence form contractual, personal injury, bodily injury, and a
property damage liability coverage with limits of at least
$1,000,000 per occurrence, $2,000,000 general aggregate, and
$2,000,000 aggregate products and completed operations. The
required limit may include excess liability (umbrella) coverage.
The policy shall name the City and its representatives as an
additional insured and will be on an occurrence basis. “Claims
made” insurance is not acceptable. The policy shall be maintained
for three years after expiration or termination of the License
Agreement.
28.1.3Automobile liability insurance covering all owned,
nonowned, and hired automobiles, trucks, and trailers. The coverage
shall be as broad as that found in the standard comprehensive
automobile liability policy with limits of not less than $1,000,000
combined single limit each occurrence. The required limit may
include excess liability (umbrella) coverage.
28.1.4Professional liability insurance providing occurrence
basis coverage for the claims that arise from the errors of the
firm or its consultants, omissions of the firm or its consultants,
failure to render a service by the firm or its consultants, or the
negligent rendering of the service by the firm or its consultants
in the amount of $1,000,000 each occurrence and $1,000,000 annual
aggregate. “Claims made” coverage is not acceptable. The insurance
shall be maintained for two years after final completion of the
services. The City does not represent that the above coverages and
limits are adequate to protect the vendor or its consultant’s
interest and assumes no responsibility therefor.
28.1.5The vendor will provide the City with at least 30 days’
written notice of an insurer’s intent to cancel or not renew any of
the insurance coverage. The vendor agrees to hold the City harmless
from any liability, including additional premium due because of the
vendor’s failure to maintain the coverage limits required.
28.1.6The City’s approval or acceptance of certificates of
insurance does not constitute the City’s assumption of
responsibility for the validity of any insurance policies nor does
the City represent that the above coverages and limits are adequate
to protect any individual/group/business, its consultants’ or
subcontractors’ interests, and assumes no liability therefore.
29.Cost Proposal
29.1Vendor shall submit a detailed proposal setting forth the
timing and amount of the license fee to be paid to the City under
the DAS license agreement. A pro forma should be submitted
reflecting estimated expenses and revenues of the DAS.
30.Contract Award
30.1It is the City’s intent to enter into a DAS License
Agreement with a vendor who best demonstrates the ability to
provide a DAS for the Complex. After review of the proposals if the
City decides to not enter into a contract, the City will notify all
offerors.
30.2The current draft of the DAS license agreement is attached
hereto as exhibit D. Please review and submit any limited minor
modifications to the license agreement. The City discourages any
material changes to the agreement.
31.Submittal Requirements
31.1In addition to detailed methodology and pricing as outlined
in Section 29, the submittal must contain the following
information:
31.1.1A cover letter with the name and address of the vendor and
project contact person with address, telephone number, and email
address. Acknowledge receipt of any addenda if applicable.
Summarize your understanding of the project. Provide a statement
indicating your ability to provide timely services and meet the
requirements of the proposed schedule. Indicate your acceptance of
the requirements of this RFP. Provide a one-page summary of the
benefits you believe the City would receive from selecting your
firm.
31.1.2The cover letter must be signed by a duly authorized
official of the offeror’s firm. Consortiums, joint ventures, or
teams submitting proposals must establish contractual
responsibility rests solely with one company or one legal entity.
Each submittal should indicate the entity responsible for execution
on behalf of the proposal team. The firm’s offer must be good for
180 days.
31.2Provide résumés or a listing of information for each person
in your firm participating in this project. State the educational
background of each individual, years of experience, length of
employment with your firm, and experience providing DAS in large
event facilities.
31.3Provide contacts and references for similar sites that have
a neutral host DAS installed and a list of wireless carriers and
services for each site listed, along with the approximate start
date of when wireless carriers were added. Vendor shall provide a
list of references with contact information of agencies that have
requested your services.
31.4Each offeror shall supply recent examples of similar
projects that their firm was involved with.
31.5Please provide an overview of your business model relating
to a DAS.
31.5.1Include comments and proposed revisions in redlined format
to the City’s draft DAS License Agreement.
31.5.2Include a copy of your standard contract that wireless
carriers are given to sign up for service. This contract should be
captioned as a Sub-License Agreement for inclusion as Exhibit F to
the DAS License Agreement.
31.6Provide an overview of the process and potential timeline it
will take once a License Agreement is signed with the City.
31.6.1Please include your expected timetable for wireless
carrier negotiations to participate in the DAS and the projected
number of wireless carriers.
31.7Please list the equipment and system vendors you work with
as business partners.
31.8Would you be willing to host first responder/public safety
services on the DAS (at no additional cost to the City) and how
would this be handled?
31.8.1Would you be willing to accommodate the Complex’s twoway
radio services on DAS? How would you be willing to accommodate?
31.9How do you negotiate with the City for requests of services
that are not revenuegenerating from a wireless carrier? Please cite
examples.
31.10How do you handle the City’s requests for additional
services after installation is complete? Please cite examples.
31.11What is the acceptance process between your company and the
City?
31.12Can you guarantee that certain wireless carriers will
participate?
31.12.1Specifically, AT&T, Verizon Wireless, T-Mobile, and
Sprint are highly desired.
31.12.2Describe your pricing model for the wireless carriers,
including capital contributions, operating expense reimbursement,
and monthly usage fees.
31.13What are your typical financial considerations for the
building owner?
31.13.1What is your estimate of a pro forma license fee payable
to the City for access to the Complex?
31.14What are the base requirements needed in order for your
company to take on an installation?
31.15What is the largest installation you have completed to date
and when completed?
31.16How many DAS installations has your firm installed?
31.17What is the largest installation you have currently under
construction?
31.18What SLAs do you typically have in place with the wireless
carriers?
31.19Please provide DAS system support procedures for post
installation.
31.20Do you directly manage the installation or do you
subcontract that to the equipment or electrical vendor?
31.20.1If you contract the project management, what oversight do
you provide?
31.21What construction precautions are taken to prevent damage
to SMG and the City of Sioux Falls’ property during
installation?
31.21.1Can you provide the minimum insurance levels listed in
Section 28?
31.22Do you require separate locked space for the DAS headend
electronics?
31.23Do you have a local site that currently employs your
services we could visit?
31.24In addition to the DAS headend equipment, how do you
propose the facilitation service as a provider of DAS
equipment?
31.24.1What are your thoughts regarding the Complex or the
service provider’s location?
31.25What is your carrier to noise RF design goal by class of
service area?
31.26 Describe your sources of funding for the Capital Equipment
and submit the last two years audited financial statements with
your response.
32.Selection Criteria
32.1Upon receipt of the proposals, an evaluation team will
determine the best proposal deemed most qualified based on the
following criteria:
32.1.1The evaluation team will rely on the qualitative
information contained and presented in the proposals, the reference
checks made, and the ability to provide a DAS that best meets the
needs of the City. Selection criteria will be based on:
Evaluation Criteria (100-Point Potential Score)
· Degree that firm demonstrates an understanding of the project
objectives and proposes a solution to accomplish those objectives
and is able to meet these objectives and project timetable.
25 points
· Project team experience. 20 points
· Reasonableness of proposed license fees or other compensation
to the City. 20 points
· Examples of and references of similar projects designing,
maintaining, managing, and supporting neutral host DAS equipment.
20 points
· Customer service during installation and firm’s availability
to provide on-site service within 24 hours. 15 points
32.1.2Upon review of the proposals, the City will score the
proposals and may short-list and may interview the highest ranking
firms. Upon completion of the interviews, the highest ranking firm
may be asked to enter into contract negotiations with the City of
Sioux Falls. If a License Agreement cannot be reached with the
highest ranked firm, the City may move to the next highest ranked
firm. The same process will be repeated with the other ranked firms
if no such agreement can be reached. The City of Sioux Falls
reserves the right to not select a firm as part of this process if
a License Agreement cannot be reached or for any other reason.
33.Special Conditions
33.1Excluding proprietary information, the successful firm’s
proposal and License Agreement are deemed public records and shall
be available to the public upon request. In addition, the City
shall maintain a “Register of Proposals for this Contract,” which
shall contain the names of companies who submitted a proposal and
the name of the company who was awarded the contract. However, the
proposals of the submitting firms not awarded the contract are
nonpublic records and will remain confidential.
34.Authorized Signature
34.1An individual authorized to bind the offeror to the
provisions of the RFP must sign all proposals.
35.City Not Responsible for Preparation Costs
35.1The City will not pay any cost associated with the
preparation, submittal, presentation, or evaluation of any
proposal.
36.Conflict of Interest
36.1Offerors must disclose any instances where the firm or any
individuals working on the contract has a possible conflict of
interest and, if so, the nature of that conflict (e.g., employed by
the City of Sioux Falls). The City reserves the right to cancel the
award if any interest disclosed from any source could either give
the appearance of a conflict or cause speculation as to the
objectivity of the offeror’s proposal. The City’s determination
regarding any questions of conflict of interest is final.
37.Offeror’s Certification
37.1By signature on the proposal, the offeror certifies that it
complies with:
· The laws of the state of South Dakota.
· All applicable local, state, and federal laws, codes, and
regulations.
· All terms, conditions, and requirements set forth in this
RFP.
· A condition that the proposal submitted was independently
arrived at without collusion.
· A condition that the offer will remain open and valid for a
period of 180 days and any condition that the firm and/or any
individuals working on the contract do not have a possible conflict
of interest (e.g., employed by the City of Sioux Falls).
37.2If any firm fails to comply with the provisions stated in
this paragraph, the City reserves the right to reject the proposal,
terminate the contract, or consider the contractor in default.
38.No Contact Policy
38.1Any contact with any City representatives, related
officials, or representatives other than those outlined in the RFP
is prohibited. Such unauthorized contact may disqualify your firm
from this procurement.
39.Proposal as Part of Contract
39.1Part or all of this RFP and the successful proposal may be
incorporated into the License Agreement.
40.Special Conditions
40.1The City reserves the right to reject any and all proposals,
to waive formalities, and to select the proposal and developer(s)
that, in the City’s sole discretion, are in the best interests of
the City of Sioux Falls, South Dakota.
The City reserves the right to:
· Amend, modify, or withdraw this RFP.
· Revise any requirements under this RFP.
· Require supplemental statements of information from any
responding party.
· Extend the deadline for submission of responses hereto.
· Negotiate or hold discussions with any bidder to correct
insufficient responses that do not completely conform to the
instructions contained herein.
· Waive any nonconformity with this RFP.
· Cancel, in whole or in part, this RFP if the City deems it is
in its best interest to do so.
· Request additional information or clarification of information
provided in the response without changing the terms of the RFP.
· Waive any portion of the selection process in order to
accelerate the selection and negotiation with the top-ranked
firm.
· Not award a contract as a part of, or result of, this RFP
process.
The City may exercise the foregoing rights at any time without
notice and without liability to any bidder, or any other party, for
expenses incurred in the preparation of responses hereto or
otherwise.
Attachment A EMS Radio Frequencies
Exhibit Attachment B Events Center, Convention Center, andSioux
Falls Arena Building Plans
The plans for the facilities listed are posted on the City of
Sioux Falls ePlans website at the following address:
www.eplans.siouxfalls.org
Attachment C Denny Sanford PREMIER Center—Contractor Premise
Access Policy
1.0 Purpose
The purpose of this document is to provide guidance for visiting
contractors to the Denny Sanford PREMIER Center, Sioux Falls Arena,
and Sioux Falls Convention Center premises, as well as for
employees sponsoring visitors to the Denny Sanford PREMIER Center,
Sioux Falls Arena, and Sioux Falls Convention Center.
2.0 Cancellation or Expiration
The processes and statements in this document do not have an
expiry date. However, this document is reviewed and updated
annually and is maintained in the document management system of the
Denny Sanford PREMIER Center, Sioux Falls Arena, and Sioux Falls
Convention Center.
3.0 Background
The Denny Sanford PREMIER Center, Sioux Falls Arena, and Sioux
Falls Convention Center is a multiuse entertainment facility. This
facility has multiple restricted access areas as well as areas that
could be considered hazardous to untrained or unequipped personnel.
This document provides the mechanism to protect both the visiting
contractors and the facility.
4.0 Scope
This policy applies to all visiting contractors to any premise
of the Denny Sanford PREMIER Center, Sioux Falls Arena, and Sioux
Falls Convention Center and to employees who sponsor visiting
contractors.
5.0Parking
Visiting contractors are encouraged to use designated visitor
parking spots. If these spots are in use, regular parking spots can
be used.
6.0Check-In
All visiting contractors must arrive at a designated check-in
entrance (the security office) and present government-issued photo
identification at time of check-in. All visiting contractors must
sign a log form indicating their name, who they represent, person
to be visited, date, and time in and out. All visiting contractors
must be met by their employee sponsor at the time of check-in. All
visiting contractors must report to the maintenance or facility
manager at the beginning of each shift to report their expected
work schedule, any potential hazards/area restrictions that will be
created during the project, how many people will be working at
site, and deliver a written inventory for any tools and equipment
that will remain on the site overnight.
Visitors who are unable to present a current photo ID or refuse
to present a photo ID will not be permitted access to the facility.
Vendor representatives, delivery services, or other contracted
entities with legitimate business to conduct on the premises are
considered authorized only when granted appropriate access at
appropriate times. Normally, contractors shall not perform work at
the Denny Sanford PREMIER Center outside normal business hours, a
period that includes only weekday business operations of the
building administration. A visiting contractor cannot sponsor
another contractor.
Pets are not permitted; however, assistance animals such as
Seeing Eye dogs are permitted. In some cases, prior arrangements
may be required. Some areas (such as mechanical or electrical
equipment rooms) are not appropriate for animals under any
circumstances.
7.0Contractor Orientation
Prior to beginning work, the contractor site safety
representative receives an orientation briefing from the Denny
Sanford PREMIER Center, Sioux Falls Arena, and Sioux Falls
Convention Center representative regarding requirements for working
at the site. This briefing would include the following:
· Emergency contact information.
· All work on site requires the contractor to provide an on-site
supervisor.
· All work performed on-site will be with contractor’s tools and
equipment.
· Site smoking policy.
· Site housekeeping requirements.
· Parking and site access restrictions.
· Overview of the facility environment policy including
management of all generated wastes.
· Overview of Zero Tolerance Policy regarding harassment and use
of alcohol and/or drugs.
· Emergency response information (alarm signals, location of
shelter areas, etc.).
· Notification requirements regarding accidents, incidents, and
near misses.
· Requirements regarding use of chemicals at the site and means
of obtaining a Material Safety Data Sheet.
· Required Personal Protective Equipment (PPE) while on the
site.
· Required permits for performing the work and means of
obtaining permits; i.e., hot work permit.
· Use of ladders, scaffolding, or rigging.
· Fall protection policy at heights of 6 feet or higher.
· Requirements regarding lockout/tagout.
· Electrical safety requirements, including no live work and
appropriate PPE.
· Location and hazards of confined spaces in the vicinity of the
work area(s).
· Use of electrical equipment and ground fault circuit
interrupters (GFCI).
· If there are any hazardous materials; i.e., PCBs or ACMs, or
noise control areas in the building.
8.0Visitor Badges
Visitor badges must be worn at all times. Employees are
instructed to immediately report anyone not wearing a visitor or
employee badge to security immediately.
9.0Photographs and Cameras
Visiting contractors are not permitted to take photographs
inside of the Denny Sanford PREMIER Center, Sioux Falls Arena, and
Sioux Falls Convention Center premises, unless discussed
specifically with sponsoring employees.
10.0Information Disclosure
Visiting contractors should not request information that does
not pertain to their visit or the work being performed.
11.0Checkout
Visiting contractors will check out at the same station where
they arrived. The checked out visitor will be taken off the
on-premise list, both in the paper and online copies.
12.0Emergency Evacuation
In the event of an emergency, it is the sponsoring employee’s
responsibility to ensure that the visiting contractor remains in
the evacuation marshaling area. Emergency coordinators will tally
all visitors using the visitor check-in information (using either
the preferred online method or the fallback paper sheets). Visitors
will not leave the property until it is confirmed with the
emergency coordinators that they have successfully evacuated the
building.
Multiple Day Visits and Longer Term Contracts
Visiting contractors who are at the Denny Sanford PREMIER
Center, Sioux Falls Arena, and Sioux Falls Convention Center for
multiple days must follow all procedures associated with this
policy (check in, check out, etc.) on each day of their visit.
Visitors and Groups Requesting Tours of the Facility
All requests by groups for tours of the Denny Sanford PREMIER
Center, Sioux Falls Arena, and Sioux Falls Convention Center
facilities will be referred to the office of the general manager
for handling as an exception.
In most cases, these groups will be handled by a single form to
be signed by a designated group leader or representative. In these
cases, a verbal summary of the emergency evacuation procedure and
the restrictions on photographs will be communicated to the visitor
group prior to entry of the facility by a predesignated Denny
Sanford PREMIER Center, Sioux Falls Arena, and Sioux Falls
Convention Center employee.
Any hazard specific to the areas being visited will also be
communicated at that time. Visits to areas of this type may require
waivers to be signed individually before allowed entry to the
facility.
All visitors or groups on a tour will be accompanied by their
sponsor(s) at all times.
CONTRACTOR ORIENTATION CHECKLIST
1.0 Emergency Contact Information.
Completed
Denny Sanford PREMIER Center, Sioux Falls Arena, and Sioux Falls
Convention Center Resources:
Office #
Pager #
Project Manager
Safety Coordinator
Facility Engineer
External Resources
Police/Fire Department
911 or 9-911
Local Medical Facilities
Security
HAZMAT Response Team
2.0 Site Smoking Policy.
Completed
___ Smoking is not permitted anywhere at this site. ___ Smoking
is permitted ONLY in the following areas:
3.0 Parking and Site Access Restrictions.
Completed
Contractor employees are restricted from parking personal
vehicles on site unless authorized by a site representative.
Parking is available at
__________________________________________________. (This is/is not
a secure lot that is patrolled regularly by site security.)
Shuttle/bus service is available from the hours of ___:___
a.m./p.m. to ___:___ a.m./p.m.
Parking on-site is limited. If driving a company vehicle,
arrangements for parking on-site must be made with a site
representative.
· Speed limit: __________mph.
· Sit only in seats that are provided and have seatbelts.
· Yield to pedestrians approaching the service roads.
· Come to a complete stop at stop signs.
· Park only in approved, designated parking spots as authorized
by the site representative.
Date:
CONTRACTOR ORIENTATION CHECKLIST
4.0 Site Housekeeping Requirements.
Completed
It is the responsibility of the contractor employees to maintain
a clean and orderly work area to minimize fire and fall hazards. It
has been proven through OSHA statistics that poor housekeeping
leads to slips, trips, and falls on construction sites. Therefore,
when contracted work has been completed or at the end of the work
day/shift, contractor ensures that the area is clean.
Employees shall immediately notify their supervisor of any
perceived fire or fall hazards.
Clear access shall always be maintained in contractor working
areas to electrical panels, fire extinguishers, safety showers and
eyewash stations, and fire hydrants. Noncompliance with this policy
may impede the response time of emergency responders and cause
unnecessary delays in the event of an emergency.
5.0 Overview of Zero Tolerance Policy Regarding Sexual
Harassment and Discriminatory Behavior.
Completed
The Denny Sanford PREMIER Center has a ZERO TOLERANCE policy for
both sexual harassment and discriminatory behavior. Unprofessional
behavior that creates a hostile work environment for individuals
with regard to age, race, religion, physical disabilities, or
sexual orientation will not be tolerated.
Both types of behavior are very subjective and difficult to
defend against. If a complaint is registered, by law the Denny
Sanford PREMIER Center will pursue that complaint to the extent
that the law requires. Violators will be removed from the site.
6.0 Overview of Zero Tolerance Policy Regarding Alcohol and Drug
Use.
Completed
Employees and visitors shall not report to work at the site
under the influence of any substance that may affect their ability
to safely perform their work, operate equipment, make conscientious
decisions, or that may in any way jeopardize the health and safety
of other employees.
If there is reason to believe that someone is under the
influence of such a substance, that person may be asked to submit
to drug testing or leave the site. If a controlled or illegal
substance is suspected, the proper authorities will be
contacted.
Illegal substances shall not be brought to the site. Anyone
taking prescribed medication and/or who is under the care of a
doctor shall notify their immediate supervisor who will then tailor
their work assignment accordingly.
7.0 Emergency Response Information (alarm signals, shelter
areas, etc.).
A copy of this document may be obtained from the site
representative.
Completed
8.0 Notification Requirements Regarding Accidents, Incidents,
and Near Misses.
A copy of this document may be obtained from the site
representative.
Completed
9.0 Requirements Regarding the Use of Chemicals at the Site and
Means of Obtaining a Material Safety Data Sheet.
A copy of this document may be obtained from the site
representative.
Completed
Date:
CONTRACTOR ORIENTATION CHECKLIST
10.0 Required Personal Protective Equipment (PPE) While on the
Site.
Completed
Contractors are responsible for providing their employees with
proper Personal Protective Equipment (PPE) to protect them while
they are working and must train them in the proper inspection,
maintenance, and safe use of that equipment. Contractors are
responsible for conducting job assessment to determine the proper
PPE necessary for each job.
At a minimum, construction employees are expected to wear hard
hats and appropriate work boots, plus ANSI Z-87-approved
safety glasses with safety frames and side shields at all times.
Additionally, harnesses, respirators, gloves, face shields, and
hearing protection are typically required in most construction
zones. In plant areas, steel-toed shoes are required and strongly
recommended in construction areas.
Fall Protection
· 100% tie off.
· 6' tie off required in all circumstances (steel erection,
scaffold erection, etc.).
· 5,000-pound anchorage required.
· Employees must be trained in proper inspection, maintenance,
and safe use of equipment.
Respirators
· Require written program.
· Medical approval for all employees utilizing respirators.
· Training.
Hearing Conservation
· If the work area is above 90dB on the TWA, a written program
and hearing protection is required.
11.0 Required Permits for Performing the Work and Means of
Obtaining Permits.
Completed
_____ Hot Work Permit
Anything that generates heat, flame, or spark or any electrical
hot work (live electrical panels or circuits) requires a hot work
permit. An appropriate fire extinguisher, dedicated trained fire
watch person (who understands elements, stages, and causes of fire,
etc.), and an evaluation of explosive/flammable atmospheres is
necessary.
_____ Confined Space Entry Permit
This requires a site-specific program. All companies conducting
confined space entries must submit a written program and documented
evidence that their employees have been adequately trained in their
duties and hazards associated with their work. Contractors must
provide their own calibrated monitors and rescue equipment.
_____ Lockout/Tagout Permit
This requires a site-specific program. Contractors must
coordinate their lockout/tagout procedures with those existing
on-site. Once affected circuits, piping, dissipated hazardous
energy, switches, valves, and/or other processes have been
identified by the customer and/or Schneider Electric, contractor
personnel shall place their own lock on the customer’s lock to
ensure against accidental start-up.
Date:
CONTRACTOR ORIENTATION CHECKLIST
12.0 Use of Ladders, Scaffolding, or Rigging.
Completed
_____ Ladders
See Fall Protection Procedure for ladder and scaffolding
safety.
_____ Scaffolding
All cross braces and handrails must be installed. A competent
person is required for scaffold erection and inspection.
Scaffolding is to be inspected daily by a competent person and the
inspection tags signed. Tagging systems are site-specific.
_____ Rigging
All rigging must have a legible load tag and must be inspected
before each pick. Riggers shall be designated as competent persons.
Chains are not allowed except for use with a chain fall. Only
synthetic or wire rope slings are allowed.
Information regarding other permits as required by site and the
means for obtaining these permits is available from the site
representative.
13.0 Requirements Regarding Lockout/Tag Out.
A copy of this document may be obtained from the site
representative.
Completed
14.0 Location and Hazards of Confined Spaces in the Vicinity of
the Work Area(s).
A copy of this document may be obtained from the site
representative.
Completed
15.0 Use of Electrical Equipment and Ground Fault Circuit
Interrupters (GFCI).
All electrical equipment must be connected to a GFCI. Tools
shall be regularly inspected for defects (cuts, exposed insulation,
missing ground pin, etc.). Tools with damaged cords or plugs shall
be removed from service immediately.
Completed
Other Site Specific Requirements
Completed
Completed
Completed
Completed
Completed
____________________________________________________________________________
Signature of ContractorSignature of Contractor Site Safety
Representative
____________________________________________________________________________
Phone NumberContact Phone Number
CONTRACTOR JOB SITE SAFETY CHECKLIST
Category
Acceptable
N/A
Remarks
Scaffolds/Ladders
Ladders meet construction standards.
Adequate footings.
Scaffolds are plumb and secured.
Toe boards/guardrails in place.
Access ladder to elevated work platform.
Ladders tied off.
Adequate working platforms on scaffolds.
Compressed Gas Cylinders
Secure in an upright position.
Metal valve caps must be in place on all cylinders not in
use.
Store spare oxygen and combustible gas cylinders 20' apart or
separated by a 5' high barrier.
Suspended Loads
Secured by tag line to prevent swinging.
No personnel working beneath load.
Wire lines and connectors inspected/certified.
Fuel Containers
Approved cans properly labeled.
Storage of flammable liquids in designated areas only.
Bulk storage of fuels vented, labeled.
Vehicle and Mobile Equipment
Backed-up alarms on mobile equipment.
Load chart displayed inside equipment.
Overhead guards on forklifts.
Working Surfaces
Clear of tripping hazards.
Nonslip surfaces on floors or ramps.
Floor openings guarded.
Stairs designed with handrails, treads, risers, angles that meet
standards.
Waste Disposal
Trash and rubbish removed daily.
Hazardous waste segregated for proper disposal.
Other
Comments
Attachment D DAS LICENSE AGREEMENT
DAS LICENSE AGREEMENT
This DAS LICENSE AGREEMENT (“License”) is made as of the
________ day of __________________, 20___ (“Effective Date”), by
and between the City of Sioux Falls, a home ruled charter
municipality in the State of South Dakota, hereinafter referred to
as “Licensor,” and [Name], a ______________ [entity], hereinafter
referred to as “Licensee.”
RECITALS:
A.Licensor is the owner of the Denny Sanford PREMIER Center, the
Sioux Falls Convention Center, and the Sioux Falls Arena, each
located in Sioux Falls, South Dakota, as more particularly set
forth on Exhibit A attached to this License (the “Complex”),
and has the authority to allow others to use and provide services
at the Complex; and
B.Licensee desires to use portions of the Complex, as more
specifically set forth in this License, for purposes of
constructing, installing, operating and maintaining a neutral host
distributed antenna system (“DAS”) and providing commercial mobile
radio services providers using FCC Licensed Services (as defined
below) (the “Sub-Licensees”) with access to the DAS for purposes of
receiving and transmitting radio frequency signals to portable
wireless devices used by persons using, visiting and/or attending
events at the Complex (“Communications Purposes”). The portions of
the Complex to be included under the terms of this License are
described in greater detail in Exhibits B and C.
C.The Communications Purposes to be served hereunder involve the
provision of wireless services by commercial mobile radio service
providers licensed by the Federal Communications Commission (the
“FCC”) to operate on assigned frequencies such as 800MHz, 1900MHz,
AWS Spectrum and 700 MHz (and excluding Internet access via Wi-Fi
and fixed Wi-Max services) (the “Licensed Services”), as well as
such ancillary and/or other wireless services offered by the
commercial mobile radio service providers in conjunction with their
provision of the Licensed Services as permitted by the FCC (and
excluding Internet access via Wi-Fi and fixed Wi-Max services).
D.The DAS and the equipment, wiring, conduit, and cable to be
installed as part of or in conjunction with the DAS are referred to
herein as the “Facilities” and
E.The Parties desire to enter into this License for
Communications Purposes at the Complex on an exclusive basis, as
provided herein below.
NOW THEREFORE, in consideration of the mutual promises and
conditions contained herein, the Parties agree as follows:
Construction of the Facilities and Grant of License.
Attached as Exhibit B is a description of the scope of work
for the construction, installation and deployment of the Facilities
to be built and installed by Licensee at the Complex, subject to
the terms and conditions of this License, and to be paid for by
Licensee.
Licensor hereby grants to Licensee the exclusive right to use
portions of the Complex, as more particularly set forth on
Exhibit C attached to this License (the “Licensed Premises”),
to construct, install, operate and maintain the Facilities,
including the non-exclusive use of certain space, as depicted in
the drawing attached as Exhibit C, consisting of an interior
room measuring approximately 1,000 square feet in size (“Equipment
Room”), for the purpose of locating Licensee’s equipment and the
equipment of its Sub-Licensees on the Licensed Premises. In
addition to the Equipment Room as described on Exhibit C, the
Licensed Premises includes space for the infrastructure required to
support the DAS, which will include single and multi-mode
fiber-optic cable, CAT 6 wiring, external roof top antennas,
conduits to house the cable and wiring and electric services and
other related equipment in accordance with (at a minimum)
applicable Industry Standards (as defined in Exhibit G), as
reasonably determined to be necessary by Licensor and Licensee, in
order to operate the Facilities for Communications Purposes at the
Complex. Licensee may only locate Facilities on the Licensed
Premises that are necessary for the operation of the DAS. No
Facilities will be placed or operated in such a manner that creates
a hazard or causes physical harm to any person or the public.
Licensee acknowledges and agrees that for purposes of this License,
the Complex and the Licensed Premises do not include the exterior
areas surrounding the Complex.
Licensor’s grant does not include any right to sub-license space
for any external communication cell sites at the Complex for use by
the Sub-Licensees.
Licensee will utilize existing infrastructure whenever possible
when constructing the Facilities. Exhibit C consists of an
initial system design for the Facilities, including the DAS and the
phases of construction and deployment of the Facilities. Such
design may be modified by Licensor and Licensee upon final
documentation and approval of the radio frequency design for the
Facilities. Once the Parties have approved the initial system
design for the Facilities, subsequent modifications, routine
maintenance and repairs to the Facilities by Licensee that do not
adversely affect equipment, cables or other property at the
Complex, or of Licensor or other third parties, shall not require
Licensor’s prior approval (although Licensee shall deliver to
Licensor revised system documentation within ten (10) days after
completion of such work to reflect any modifications to the
previously approved system design necessitated by such maintenance
and repairs).
Subject to the terms and conditions of this License, Licensee
will have the limited exclusive right to sub-license use of the
Licensed Premises to Sub-Licensees of Licensed Services for the
purpose of installing, maintaining and operating base station radio
communications equipment and connecting to Licensee’s Facilities.
The terms and conditions of each sub-license will be set forth in a
sub-license agreement substantially in accordance with the form of
the Sub-License Agreement attached as Exhibit D (the
“Sub-License Agreement”). Each Sub-License Agreement (including
subsequent amendments, waivers or modifications) must be submitted
by Licensee to Licensor for review and approval prior to execution,
which approval shall not be unreasonably withheld or delayed. Under
no circumstances will Licensee confer any greater rights or
privileges to a Sub-Licensee than contemplated by this License. In
the event of any conflict between the terms and conditions of any
Sub-License Agreement and this License, the terms and conditions of
this License will govern. Licensee shall provide to and maintain
with Licensor a full and complete copy of each executed Sub-License
Agreement.
Licensee shall achieve Substantial Completion of the initial
installation, construction and testing of Licensee’s Facilities on
or before _____________, 20___ , such that the DAS is fully
operational at the Complex. For purposes of this License,
“Substantial Completion” shall mean that Licensee’s Facilities have
been completed in accordance with the final approved system design
as set forth in Exhibit C (except for minor, punch list items
approved by Licensor), and that the Facilities will permit
beneficial use of the DAS for Communications Purposes.
Licensee shall furnish to Licensor and maintain throughout the
Term (as defined in Section 4) complete and accurate “as built”
plans and records showing the location of the Facilities in the
Licensed Premises.
If Licensor determines, in its sole discretion, that the
Licensed Premises, or space within the Equipment Room, is required
for the use of Licensor in connection with the operation of the
Complex or is no longer suitable for the Facilities because of
safety, reliability or general engineering standards, Licensor may
require Licensee to permanently remove, relocate or transfer the
Facilities (including equipment and property of the Sub-Licensees)
upon the earlier to occur of (i) thirty (30) days written notice,
or (ii) the actual date of Licensor’s need for removal, relocation
or transfer, unless the Parties can make such other arrangements as
are mutually agreeable to continue to accommodate the Facilities at
the Complex. In the case of safety or reliability concerns,
Licensor may require Licensee to implement immediate remediation
measures to remove the Facilities. Licensor shall provide
comparable space in the Complex, if reasonably available, that is
adequate for the installation, operation and maintenance of the
Facilities, or, where practicable, modify the Licensed Premises, at
the expense of Licensee, for use as the Licensed Premises. To the
extent possible, Licensor will permit Licensee to perform a
standard relocation procedure, if required by any relocation or
transfer of the Facilities, which will ensure that the relocated
Facilities are operational for DAS services prior to discontinuing
service from the old location.
In the event Licensee fails to remove, relocate or transfer any
Facilities from the Licensed Premises within the time specified by
Licensor, then Licensor is authorized to remove, relocate or
transfer the Facilities at Licensee’s sole risk and expense and
Licensee shall reimburse Licensor for the expenses thereby
incurred. Licensor shall have no liability or responsibility
whatsoever to Licensee, any Sub-Licensee or any Sub-Licensee’s
customers for such removal of the Facilities and Licensee shall
indemnify, defend and hold harmless Licensor and its contractor for
any claims, damages or liability to a third-party, including
attorney’s fees, arising from or in connection with such removal,
relocation or transfer activities.
If, during the Term, Licensor needs to perform maintenance work
at the Complex, repair or replace any portion of the Complex that
includes, but is not limited to the Licensed Premises, or modify or
replace any existing systems in the Complex (collectively,
“Premises Work”), Licensee agrees to fully cooperate with Licensor
to permit the performance of the Premises Work. Licensor agrees to
provide at least thirty (30) days’ notice to Licensee of its
intention to perform Premises Work, except in the case of an
emergency situation, in which case Licensor shall give as much
notice as is reasonably possible under the circumstances. The
Premises Work may require the temporary relocation of Facilities or
Licensee’s installation of temporary equipment. If a temporary
relocation of Facilities is required to accommodate the Premises
Work, the Parties shall determine the most suitable alternative
location that will not impede the Premises Work and that will
minimize any adverse effect upon Licensee’s ability to provide the
DAS for Communication Purposes to or for the benefit of the Complex
and any Sub-Licensee and its customers. Notwithstanding the
foregoing, Licensee shall move the Facilities back to its original
location after receipt of notice that the Premises Work is
completed, unless the Parties agree in writing to utilize the
relocated area permanently. Licensor shall have no liability or
responsibility whatsoever to Licensee, any Sub-Licensee or any
Sub-licensee’s customers for a temporary relocation of the
Facilities in connection with Premises Work. If any of the Premises
Work is likely to interrupt or materially alter Licensee’s
provision of DAS for Communication Purposes to any Sub-Licensee,
then Licensor will, if requested in writing by Licensee, provide
prior notice to the affected Sub-Licensee of the likely
interruption.
Access.
Licensor grants Licensee, and its officers, agents,
representatives, employees, contractors, and Sub-Licensees a right
of ingress and egress to the Licensed Premises as may be reasonably
required for the purpose of constructing, installing, maintaining,
operating and removing Licensee’s or Sub-Licensee’s equipment in
accordance with the provisions of this License. The manner of such
ingress and egress is subject to coordination with Licensor’s
designated manager for the Complex and compliance with Licensor’s
rules and security procedures for the Complex applicable to vendors
and contractors accessing the Complex, as the same may from time to
time be amended by Licensor, in its sole discretion, with written
notice to Licensee. Licensor’s control over the manner of ingress
and egress includes control over the number of persons coming into
the Complex, the time of day that those persons may have such
ingress and egress and the route of ingress and egress at the
Complex.
Licensor acknowledges that Licensee and Sub-Licensees require
seven (7) day, twenty-four (24) hour access to their equipment; it
is agreed, however, that all authorized representatives of Licensee
and Sub-Licensees must comply with Licensor’s rules and security
procedures as provided in Section 2.1 above.
Use.
The Licensed Premises will be used by Licensee and Sub-Licensees
only for Communications Purposes and to conduct such activities as
may be directly related to such use as are reasonably necessary or
appropriate for the construction, installation, operation and
maintenance of the Facilities.
Licensee’s ability to install the Facilities or use the Licensed
Premises is dependent upon Licensee obtaining, at its sole cost and
expense, all building permits, zoning and any other certificates,
permits, licenses, authorizations and other approvals (“Permits”)
which may be necessary or required from any government agency
specific to Licensee’s construction, installation, operation and
maintenance of the Facilities at the Licensed Premises. Licensee
will act diligently to apply for and obtain such Permits.
Term.
The term of this License will be for a period of ten (10) years
(the “Term”) commencing on the Effective Date (the “Commencement
Date”) and ending on [_____________, 20____], being the 10th
anniversary thereof (the “End Date”).
Within ten (10) days after the Effective Date, but in no event
later than [__________, 20___], Licensee will (i) apply for all
Permits which are necessary to allow Licensee and its Sub-Licensees
to use the Licensed Premises for the purposes set forth in this
License and (ii) begin installation of such Facilities as will be
necessary for the purposes intended under this License.
Notwithstanding any other provision of this License, Licensor
shall have the right to discontinue business operations at one or
more buildings which comprise the Complex and thereby reduce the
size and scope of the Licensed Premises. Licensor shall give
Licensee at least one hundred eighty (180) days written notice to
terminate this License as it relates to the discontinued building
which will no longer be a part of the Licensed Premises. The
partial termination of this License as it relates to the former
Licensed Premises in the discontinued building shall not otherwise
result in a termination of the License for the remainder of the
Complex.
The Parties agree that the use of the Licensed Premises by a
commercial mobile radio services provider will only be pursuant to
such carrier’s operation on the DAS, and such providers will be
required, to the extent they desire to enhance signal coverage
within the Complex: (i) to take service of the DAS and
Facilities pursuant to the terms and conditions of a Sub-License
Agreement entered into with the Licensee, and (ii) to enter
into a Sub-License Agreement with Licensee and to pay Licensee a
fee for their continued use of the Facilities. Licensor will
reasonably cooperate with Licensee in Licensee’s efforts to
negotiate and sub-license to commercial mobile radio services
providers on the DAS at the Complex.
Extension of Term.
Subject to the conditions set forth below, the Term may be
extended by Licensor for four (4) additional periods of five (5)
years each (each an “Extended Term” and collectively referred to
herein as the Term) by sending written notice to Licensee of its
intent to grant an Extended Term of this License at least one
hundred eighty (180) days prior to the end of the original Term as
set forth in Section 4.1, or prior to the end of any then
applicable Extended Term. No Extended Term will be considered
automatically granted. The following conditions must be met at the
time of any such Extended Term:
Licensee is not in default, or if in default, any such default
has been cured after written notice prior to the expiration of any
applicable grace period thereto; and
Licensee’s Facilities installed at the Complex are then being
used by commercial mobile radio services providers for
Communications Purposes operating on Licensed Services; and
The technology then being deployed at the Complex to provide
Communications Purposes for use by Sub-Licensees substantially
fulfills the then technology requirements and needs of commercial
mobile radio services providers to use such wireless
infrastructures in their offerings to their customers at the
Complex. If any technological upgrades or improvements to the DAS
are determined to be required to be made to the DAS, in the
reasonable judgment of the Licensor and Licensee, the granting of
such Extended Term may be conditioned upon Licensee’s agreement to
undertake within a reasonable time such technological upgrades
and/or improvements to the Facilities. It being understood that the
cost of any such changes or upgrades which benefit the
Sub-Licensees may require the Sub-Licensees to share in the cost of
such changes or upgrades.
If Licensor elects not to grant an Extended Term, or if this
License is otherwise terminated in accordance with the provisions
of this License, Licensee will at its own expense remove such
personal property and equipment owned by Licensee or a Sub-Licensee
and repair all damage to the Licensed Premises caused by such
removal. Further, in the event of such termination without
Licensor’s exercise of the Option, all Sub-License Agreements shall
be terminated and shall be of no further force or effect as of the
date of termination of this License.
License Fees and Facilities Expenses.
Quarterly License Fees.
Beginning on the Commencement Date, and continuing for the Term
or any Extended Term of this License, Licensee will pay to
Licensor, in quarterly payments an annual license fee in the
amounts set forth in the schedule set forth on Exhibit E (the
“License Fee”). Payment of the License Fee will not be subject to
any abatement, deduction, set-off, recoupment or counterclaim by
Licensee.
The License Fee will be due and payable in arrears on the
fifteenth (15th) day of each calendar quarter and delinquent if not
paid by the tenth (10th) day thereafter. Licensee will be liable to
pay interest on the unpaid amount at the prime rate plus two (2)
points (or, if less, the maximum rate then permitted by the
Applicable Law (as defined on Exhibit F) of South Dakota ) as such
prime rate is reported in the Wall Street Journal on the first
(1st) business day that such payment becomes past due.
Licensee shall furnish Licensor annually with audited financial
and operating statements for the operation of the Facilities at the
Complex within sixty (60) days after the end of Licensee’s fiscal
year during the Term.
Licensor will have the right to audit, inspect and copy the
financial records of Licensee relating to its operation of the
Facilities on the Licensed Premises or showing its compliance with
and performance of this License for the most recent three (3) year
period of operations, upon at least ten (10) days written notice to
Licensee. The cost of any such audit or inspection will be borne by
Licensor, provided Licensee will provide reasonable assistance,
including office facilities, to assist in the conduct of such audit
without cost.
The License Fee for any period during the Term hereof which is
less than one (1) calendar quarter will be prorated based on the
number of days in such applicable calendar quarter.
Licensee will be solely responsible for any and all capital
costs and operating expenses relating to the Facilities at the
Licensed Premises, including but not limited to, payment of:
(i) any sales, use or similar tax required to be collected by
Licensee from Sub-Licensees, (ii) routine costs for
maintenance of the Facilities, (iii) utility costs not paid by
Sub-Licensees, (iv) system monitoring expenses,
(v) additional fees by Sub-Licensees (to the extent
applicable) for reimbursement of capital costs for equipment and/or
construction costs, and (vi) all other operating expenses,
including insurance costs incurred by Licensee.
Taxes.
Licensee will pay, prior to delinquency, all personal property
taxes, if any, levied upon and assessed against the Facilities and
other personal property owned by Licensee or any Sub-Licensee and
installed on the Licensed Premises and will indemnify and hold
Licensor harmless in accordance with this License from any claims,
demands, deficiencies, levies, assessment, execution, judgment or
recoveries by any Governmental Authority (as defined on Exhibit F)
collecting said taxes. Licensee is not responsible for real estate
taxes with respect to the Complex.
Utilities.
Licensor hereby grants to Licensee the right to connect one or
more submeters to and use the existing electric utility systems of
the Complex in order to operate and service the Licensed Premises
and the Facilities (such right will also include the right to
connect to and use any backup generators or other such alternative
power sources related to the Licensed Premises owned by Licensor).
Licensee will pay all charges to install the sub-meter(s) to the
electric utilities to the Licensed Premises for its use and its
Sub-Licensees’ use. Licensee will install, at its sole cost and
expense, sub-meters to the Licensed Premises and will pay the
electric utility bills for the usage of electricity by Licensee or
a Sub-Licensee reflected th
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