wireless philadelphia rfp

WIRELESS PHILADELPHIA REQUEST FOR PROPOSALS FOR A CITYWIDE WIRELESS NETWORK 1 General Information................................................................................................................ 1 1.1 Background and General Scope of Work ....................................................................... 1 1.2 Proposal Submission Date; Anticipated Procurement Schedule .................................... 4 1.3 Wireless Philadelphia’s Primary Contact ....................................................................... 5 2 RFP Requirements and Conditions......................................................................................... 6 2.1 Fixed Price Proposal Required........................................................................................ 6 2.2 Type of Solution Sought ................................................................................................. 6 2.2.1 Network Infrastructure Requirements..................................................................... 7 2.2.2 Architecture and Design Services......................................................................... 11 2.2.3 Installation Services .............................................................................................. 12 2.2.4 Telecommunications Provisioning and Services .................................................. 12 2.2.5 Network Monitoring and Management Services .................................................. 13 2.2.6 Network Maintenance and Upgrade Services....................................................... 14 2.2.7 Operations Support Systems (OSS) Services ....................................................... 15 2.2.8 Customer Service and Technical Support Services .............................................. 16 2.2.9 Software Hosting and Facilities Services ............................................................. 17 2.2.10 Program and Project Management Services ......................................................... 18 2.3 Proof of Concept ........................................................................................................... 19 2.4 Maintenance and Support; Warranty; Training ............................................................ 19 2.4.1 Maintenance and Support Services....................................................................... 19 2.4.2 Warranty ............................................................................................................... 20 2.4.3 Training................................................................................................................. 20 2.5 Responsiveness ............................................................................................................. 20 2.6 Disclaimer ..................................................................................................................... 21 2.7 Publicity ........................................................................................................................ 21 2.8 Respondents Restricted................................................................................................. 21 2.9 Participation of Disadvantaged Business Enterprises................................................... 21 2.10 Acceptance of the Terms and Conditions of This RFP................................................. 22 2.11 Proposal Submission, Evaluation and Selection........................................................... 22 2.11.1 General.................................................................................................................. 22 2.11.2 Rights and Options Reserved................................................................................ 22 2.11.3 Contract Negotiation and Award .......................................................................... 23 2.11.4 Proposal Evaluation .............................................................................................. 24 2.11.5 Site Inspections ..................................................................................................... 25 2.11.6 Prime Contractor Responsibility........................................................................... 25 2.12 Responsibility for Proposal Costs................................................................................. 26 2.13 Proposal Security .......................................................................................................... 26 2.14 Withdrawal or Modification of Proposals..................................................................... 26 3 Proposal Requirements ......................................................................................................... 27 3.1 Administrative Requirements ....................................................................................... 27 3.1.1 Respondent Registration; Web Site Publication of the RFP................................. 27 3.1.2 Pre-Proposal Meeting............................................................................................ 27 3.1.3 Addenda to the RFP; Requests for Information; Inconsistencies ......................... 28 3.1.4 Authorized Signature; Certification...................................................................... 28 3.1.5 Proposals Binding ................................................................................................. 29 3.1.6 Transmittal Letter.................................................................................................. 29 3.1.7 Proposal Submission Requirements...................................................................... 30 3.2 Implementation Plan, Statement of Work, Project Schedule and Milestone Payment Schedule.................................................................................................................................... 31 3.3 Proposal Contents ......................................................................................................... 32 3.3.1 Volume 1 – Qualifications of Respondents .......................................................... 32 3.3.2 Volume 2 – Technical Approach and Cost Proposal ............................................ 35 3.3.3 Reversion to Wireless Philadelphia ...................................................................... 38 3.4 Liquidated Damages for Construction Delay, Non-Delivery, and System Failure ...... 39 4 Wireless Philadelphia Contract Requirements...................................................................... 39 4.1 Term and Renewal ........................................................................................................ 39 4.2 Certificate of Non-Indebtedness ................................................................................... 40 4.3 Insurance; Performance and Payment Bonds ............................................................... 40 4.3.1 Insurance ............................................................................................................... 40 4.3.2 Performance and Payment Bonds ......................................................................... 42 4.4 Indemnification ............................................................................................................. 43 4.5 Date Management ......................................................................................................... 43 4.6 Proprietary Rights Indemnification............................................................................... 44 4.6.1 Indemnification. .................................................................................................... 44 4.6.2 Infringement.......................................................................................................... 44 4.7 Performance Standards ................................................................................................. 45 4.8 Acceptance.................................................................................................................... 45 4.8.1 Conditional Acceptance ........................................................................................ 45 4.8.2 Final Acceptance................................................................................................... 46 4.8.3 Acceptance Test(s); Test Plan(s) .......................................................................... 46 4.8.4 Reliability Periods................................................................................................. 47 4.9 Audit ............................................................................................................................. 48 4.10 Termination for Convenience ....................................................................................... 48 4.11 Termination for Default ................................................................................................ 48 4.12 Non-Discrimination ...................................................................................................... 49 4.13 Unavailability of Funds................................................................................................. 49 4.14 Ethics Requirements ..................................................................................................... 50 4.15 Tax Requirements ......................................................................................................... 50 4.16 Prevailing Wages .......................................................................................................... 50 4.17 Assignment ................................................................................................................... 50 4.18 Retainage....................................................................................................................... 50 4.19 Non-Disclosure of Wireless Philadelphia Data ............................................................ 50 1 General Information 1.1 Background and General Scope of Work The City of Philadelphia (the “City”), through the Wireless Philadelphia™ initiative, has established a goal to strengthen the City’s economy and transform Philadelphia’s neighborhoods by providing wireless Internet access throughout the City. Wireless Philadelphia intends to create a digital infrastructure for open-air Internet access and to help citizens, businesses, schools, and community organizations make effective use of wireless technology to achieve their goals while providing a greater experience for visitors to the City. Wireless Philadelphia (“WP”) is a Pennsylvania nonprofit corporation created for the purpose of funding and managing the procurement, design, deployment and management of this citywide wireless network. WP seeks to outsource a turnkey solution to the private sector through this competitive request for proposals (“RFP”) process. The network must provide basic wireless Internet access throughout the City on a wholesale basis to multiple Service Providers (“SPs”), who will be responsible for marketing services using the network, providing tierone customer service and technical support, subscriber billing, and other similar services. Respondents are encouraged to review the Wireless Philadelphia Business Plan, which is available under separate cover and can be downloaded from the web sites www.phila.gov/wireless, wirelessphiladelphia.org, and www.phila.gov/rfp. The business plan provides additional details on the goals, objectives, business model and assumptions for the Wireless Philadelphia initiative. To achieve the goals of Wireless Philadelphia, WP is seeking Proposals from qualified Respondents for a “turnkey solution” for a citywide wireless network and communications system (the “System”). This System must include: • • • • • • • • • • Network infrastructure procurement Architecture and design services Installation services Telecommunications provisioning and services Network monitoring and management services Network maintenance and upgrade services Operations Support Systems (OSS) services Customer service and technical support services Software hosting services Program and project management services Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 1 of 50 WP will consider “counter proposals” from any Respondent who desires to propose a business model or technology approach that differs from that defined in the Wireless Philadelphia Business Plan and the RFP. To be considered, a counter proposal must, at a minimum, allow WP to achieve the goals and objectives of Wireless Philadelphia, including: • • • • Provide universal and affordable wireless broadband throughout the City. Support fixed, nomadic and portable broadband access throughout the City, including the categories of services referenced below. Provide open access to the network on a wholesale basis to SPs. Demonstrate the specific ways in which the counter proposal addresses the social, economic development and reduced cost of government goals of WP. Respondents who elect to respond with a counter proposal must meet the requirements defined in Section 2 of the RFP, respond according to the proposal requirements stated in Section 3, and state their solution’s compliance with RFP requirements in Appendix D. Respondents must also state in their counter proposal any assumptions made regarding commitments required by WP. All Proposals must support the following categories of service and should be flexible to accommodate new services over time. Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 2 of 50 Service Types Residential and Low Income Fixed & Nomadic Service Standard Business Fixed Service Definition Examples Access for a single device, provisioned for Residential user with single desktop primary use at a residence, with access or single laptop, with support for throughout the City. Service features include roaming throughout the City;1 basic Internet access to support service discounted service for low-income provider applications such as e-mail and Web subscribers. access. Access for multiple devices, provisioned for Businesses with less that 20 primary use at a business location. Service employees are target customers features include basic Internet access to support service provider applications such as email, Web access, VPN, etc. Educational Institution Same as Residential Fixed & Nomadic service Bulk purchase resident and nonresident student access, with Fixed & Nomadic comparable features as Residential Service Fixed & Nomadic Premium Business Service Occasional Use Nomadic Service Secure Private Business Portable Secure Government Portable Secure Government Fixed Same as Standard Business service plus optional service provider services such as VPN, firewall, etc. Businesses with more that 20 employees are target customers Basic internet access for a daily or weekly fee Tourists, business travelers Roaming access across city w/ service features Business customer employees, field such as VPN & firewall workers Mobile access by City agency users using mobile computing devices Fixed access for City agency locations (T-1 like service alternative) Inspectors, public safety officers, meter readers, surveyors, etc. Municipal office locations Detailed requirements for the System and/or services sought by this RFP are provided in Section 2 and in Appendix A, Detailed Project Requirements. Should a subscriber have a network in their home (wired or wireless), the Fixed Residential & Nomadic service should support the ability for multiple networked devices within the home to connect through a single residential access point or “bridge”. Should a subscriber require concurrent use of their residential network and nomadic use, they would require the Standard Business service. Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 3 of 50 1 1.2 Proposal Submission Date; Anticipated Procurement Schedule The date for submitting Proposals pursuant to this RFP (the “Submission Date”) is as provided below. Proposals must be submitted at the address of the WP Primary Contact, as provided in Section 1.3, by the time on the Submission Date indicated below. Date Thursday, 04-07-2005 Monday, 04-18-2005 1:30-3:00 PM (GMT –05:00) Eastern Time Activity WP issues Request for Proposals Pre-Proposal Meeting Location: Municipal Services Building 1401 JFK Blvd. Philadelphia, PA 19102 16th Floor Conference Room X & Y Respondents submit questions, requests for Clarification, information to Primary Contact, in writing WP delivers answers to questions Monday, 04-25-2005 4:00 PM (GMT –05:00) Eastern Time Monday, 05-02-2005 4:00 PM (GMT –05:00) Eastern Time Monday, 05-23-2005 4:00 PM (GMT –05:00) Eastern Time Tuesday, 07-05-2005 Monday, 08-22-2005 Respondents submit Proposals WP selects Respondents with which to enter into contract negotiations Project start These dates are estimates only and WP reserves the right, in its sole discretion, to alter this schedule, as it deems necessary or appropriate. Notice of changes in the Pre-Proposal Meeting date/time or location, the due date/time for submission of Respondent questions, and the date/time for Proposal Submission will be posted on the Web on WP’s RFP page at www.wirelessphiladelphia.org, www.phila.gov/wireless and www.phila.gov/rfp, and will be mailed to prospective Respondents which request notification by mail in writing addressed to WP’s Primary Contact. The other dates/times listed may be changed without notice to prospective Respondents. Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 4 of 50 1.3 Wireless Philadelphia’s Primary Contact The name, address, and contact information for WP’s Primary Contact for this RFP are as follows: Varinia C. Robinson Program Manager, Wireless Philadelphia 1234 Market Street, Suite 1850 Philadelphia, PA 19107 E-mail address: wirelessrfp@phila.gov Phone #: (215) 686-1462 Fax #: (215) 686-8258 All questions, requests for clarification, and requests for additional information regarding this RFP must be submitted in writing or e-mail not later than two weeks before the Submission Date. No oral response by any employee or agent of WP shall be binding on WP, or shall in any way constitute a commitment by WP. If a Respondent finds any inconsistency or ambiguity in the RFP, the Respondent is requested to notify WP. Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 5 of 50 2 RFP Requirements and Conditions 2.1 Fixed Price Proposal Required Cost proposals for the System must be “fixed price” proposals. The proposed price must include all costs that will be incurred for the purchase, implementation and management of the System, including, but not limited to, costs for the requirements summarized in Section 1.1 as well as all other work proposed. If a Respondent offers options and/or alternates that are not included in the fixed price for the proposed System, the Respondent must provide for each such option/alternate the following information: • • • A detailed description of the option/alternate (including, but not limited to, all features and functionality that will be unavailable in the base System if the option/alternate is not purchased); A full explanation of the rationale for not incorporating such functionality in the base System; Detailed cost information for each option/alternate, in accordance with the cost proposal requirements of the RFP. The cost proposal must identify, by separate line item, the cost of each item of hardware, software, services, and other work to be furnished as part of the System. WP reserves the right, in its sole discretion, to reject without evaluation any Proposal that does not identify each items of the work by line item, and any Proposal (including, but not limited to, proposals to perform the work on a “time and materials” or “cost-plus” basis) that does not provide a fixed price to perform the proposed work. 2.2 Type of Solution Sought WP seeks to implement a “state of the art” System, which will satisfy all of WP’s current requirements, as specified in this RFP, yet be simple to maintain and inexpensive to upgrade and expand to satisfy future needs for additional functionality and/or capacity. WP requests that Respondents to offer their “best” solutions that will satisfy the requirements set forth in this RFP. Respondents are required to define their solution in detail and to describe the ways in which it meets the requirements defined in the RFP. Respondents are also required to define and elaborate on any other features, functions and/or capabilities included in their Proposals, but not stated as requirements in the RFP. Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 6 of 50 2.2.1 Network Infrastructure Requirements The System must consist of a wireless network covering all 135 square miles of the City of Philadelphia (“the Coverage Area”). Specifically, the network must meet the following requirements. • Support throughout the Coverage Area for wireless access from desktop PCs, laptop PCs, handheld devices, mobile phones and other manned or unmanned devices equipped with either an IEEE 802.11b or 802.11g (“Wi-Fi”) wireless interface. Should the proposed solution include mechanisms (proprietary or otherwise) that mitigate any degradation of performance inherent in mixed 802.11g and 802.11b environments, Respondents are encouraged to state this in their Proposals and elaborate on these mechanisms. Support throughout the Coverage Area for “best-effort” service with an average net throughput per subscriber of one (1) megabit per second (Mbps) upstream (client device to network) and downstream (network to client device) transmission. 95% in-street (outdoor) coverage for the devices referenced above within the Coverage Area with no additional hardware required beyond the device’s standard wireless interface. 90% in-building (indoor) coverage for residences and businesses within the Coverage Area. A residence or business is assumed covered under this requirement if a single, first or second-floor room, (e.g. adjacent to an exterior wall in the residence or business), can access the wireless network at the stated best-effort service levels. Should additional customer premise equipment (“CPEs”) be required or assumed in order to deliver this inbuilding coverage, Respondents are expected to state this in their Proposals and elaborate on this requirement and their assumptions. While coverage in rooms above a second-floor residence or business is not a requirement, Respondents are encouraged to elaborate on whether their proposed solution supports this capability. Support for a mixed wireless and wired “backhaul” solution to aggregate WiFi network traffic from multiple subscribers and access points back to an Internet point of presence (“PoP”). The Wireless Philadelphia Business Plan assumed that a minimum of 60% of these backhaul requirements would be met using a fixed, point-to-multipoint (“P2MP”) wireless solution, however Respondents may propose the most appropriate, reliable and cost-effective solution (wired or wireless) for their specific Proposals. Support for the use of City-owned structural assets, such as street light poles, traffic light poles, utility poles or other assets which the City may provide • • • • • Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 7 of 50 access to. WP will provide electronic data on a compact disc (“CD”) with street pole layer coverage to Respondents that attend the Pre-Proposal Meeting. • • • • Support for pole, roof and wall mount options for wireless network equipment. Compliance to IP56/NEMA4 dust and water ingress ratings for all outdoormounted equipment. Support for ambient temperature ranges of –40 C to +50 C for all outdoormounted equipment. Support for all outdoor-mounted equipment to withstand wind loads consistent with any codes and/or regulations that may exist within the City of Philadelphia, with no impact to operation of the System. Protection against power surges, including from lightning, for all electrical and network connections. Support for the logical segmentation of the System to support different “domains” of users (e.g. secure access by government agency personnel, secure and/or open access for public users, residential users, business users, etc.). This must include the ability to define and manage different profiles for authentication, encryption and other service characteristics based on the requirements of each user domain. Support for having certain parks, common areas and other public spaces within the City defined and managed to allow any user with a mobile device to gain free and open access to the System while in these areas. These areas are to be designated by WP at a future date. Support for seamless, in-motion usage throughout the Coverage Area by subscribers with service provisioned through a SP. This includes the ability for subscribers to maintain “session-level” persistence while the subscriber’s device is in motion at speeds up to sixty (60) miles per hour. This capability must be supported with no interruption to applications running on the device. Support for defining and managing unilateral, inbound roaming relationships whereby subscribers to other Wi-Fi services (e.g. T-Mobile, Sprint) may gain access to the System. WP will be responsible for the negotiation of any business relationships with other Wi-Fi service providers and/or aggregators. Support for defining and managing unilateral, outbound roaming relationships whereby subscribers to the System may gain access to other approved Wi-Fi • • • • • • Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 8 of 50 services (e.g. T-Mobile, Sprint). WP will be responsible for the negotiation of any business relationships with other Wi-Fi service providers and/or aggregators. • Sufficient capacity throughout the System to support the subscriber projections defined in the Wireless Philadelphia Business Plan at the service levels described above throughout the contract term. These subscriber projections are provided below for reference: Subscribers Analysis Year 1 Residential & Low-Income Standard Business Premium Business University & Distance Learning Fixed Occasional Use—Nomadic Secure Government Portable Secure Government Fixed Total Subscribers 77.9 0.8 0.1 16.6 3.6 0.3 0.1 99.4 Subscribers (thousands) Year 2 108.0 2.1 0.2 18.1 3.6 1.0 0.1 132.9 Year 3 117.3 3.4 0.3 20.0 3.6 1.7 0.2 146.5 Year 4 124.3 4.8 0.3 21.9 3.6 2.4 0.2 157.5 Year 5 129.6 5.3 0.3 22.8 3.6 3.0 0.3 162.2 • Scalable to support additional users, capacity, and functions throughout the contract term. Given that specific, future subscriber and/or public access applications are not defined in the RFP, it is critical for Respondents to elaborate on how their proposed solutions can scale and adapt in a modular way to increase coverage areas, users, capacity and functions. Support for both 32 bit (IPv4) and 128 bit (IPv6) IP Addressing, including multicast and anycast support. Support for the prioritization of network traffic for specific applications, users, devices, domains, etc. Should the proposed solution support more advanced mechanisms for guaranteed Quality of Service (“QoS”), Respondents are encouraged to state this in their Proposals and elaborate on these mechanisms. Battery and/or solar power backup for all network equipment sufficient to assure continuous operation at full power and functionality for a period of not less than eight (8) hours in the absence of utility power. • • • Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 9 of 50 • Fault tolerance mechanisms to mitigate and/or eliminate single points of failure for all components of the System. Respondents are encouraged to elaborate on the mechanisms proposed with their solution and the ways in which they mitigate and/or eliminate single points of failure. Guaranteed reliability of 99.9% for the 802.11g and 802.11b tier of the System and 99.999% for the backhaul and PoP tiers of the System. Respondents are expected to state the mean time between failure (“MTBF”) for any proposed network equipment or other components of the System and elaborate on the processes used to guarantee these service levels. Support for the creation of multiple network “peering points” whereby the designated PoP for the network can be inter-connected with other SPs as required over time to improve and maintain service levels. Support within any proposed fixed wireless backhaul solution to also provide advanced subscriber services beyond the level(s) of service available through the Wi-Fi tier of the System. WP expects that the requirements defined in Section 1.1 for the Premium Business and Secure Government Fixed services would require this capability. Support for state-of-the-art security standards. These must include: o Physical security for all critical network equipment and other components of the System via secured facilities. o Support for Media Access Control (“MAC”) address filtering. o Support for Wired Equivalent Privacy (“WEP”) encryption, including both 64 and 128 bit keys. o Support for Temporal Key Integrity Protocol (“TKIP”) encryption. o Support for Advanced Encryption Standard (“AES”) encryption. o Support for Wi-Fi Protected Access (“WPA”). o Support for 802.1x authentication using Extensible Authentication Protocol (“EAP”) and “Remote Authentication Dial-In User Service” (“RADIUS”). o Support for the suppression of Extended Service Set Identifier (“ESSID”) broadcasts. o Support for multiple ESSIDs and the ability to map ESSIDs individually to Virtual LANs (“VLANs”). o Support for filtering of traffic based on Internet Protocol (“IP”) addresses, subnets and Transmission Control Protocol (“TCP”) ports. o Support for Virtual Private Network (“VPN”) tunneling. o Support for encryption of all control and network management traffic transmitted within the System. • • • • Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 10 of 50 2.2.2 Architecture and Design Services Respondents must define in their Proposals a preliminary architecture for the System as well as the services to conduct a more thorough and detailed design for the System if selected as the winning Respondent. These services must include: • The development of an overall architecture for the System, to include all network equipment, hardware, software and other components required to meet the requirements defined in the RFP. A detailed design for the network infrastructure, which takes into account the City’s unique land area, geography, terrain, foliage, morphology (land use), structural mounting assets and other factors that may impact the performance, reliability or scalability of the System. A detailed design for how any wireless spectrum will be allocated, re-used and managed throughout the System to ensure efficiency, minimize interference and maximize capacity. The results of a citywide radio frequency (RF) study commissioned by WP in 2004 will be made available in printed format at the Pre-Proposal Meeting. A detailed design for how the network equipment, hardware, software and other components proposed are to be integrated to meet the requirements defined in the RFP. A detailed description of the core business processes to be used throughout the System (e.g. call flow for customer service, billing cycles, trouble ticketing). A detailed plan describing how the reliability requirements and service levels defined in the RFP will be achieved. A detailed plan describing the tools and processes to be used for all preinstallation site acquisition, site survey, propagation modeling and other work required to determine the configuration for all infrastructure components in the System. This must include the proposed number, type, location and configuration of all network equipment and other components. A detailed plan describing the tools and processes to be used for all postinstallation testing and verification of performance, reliability and scalability for all parts of the Coverage Area. A detailed description of the deliverables to be provided to WP following the post-installation testing and verification process. • • • • • • • • Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 11 of 50 • A detailed Implementation Plan, Statement of Work, Project Schedule and Milestone Payment Schedule as specified in Section 3.2 and Exhibit B of this RFP. A final “as built plan” for the network infrastructure, supplied in ESRI coverage (.e00) or shapefile format and in a projection of State Plane Coordinates, Pennsylvania South, Zone 5151, NAD 1983. All base mapping must be accurate to 1"=200' national mapping accuracy standards. • 2.2.3 Installation Services Respondents must include in their Proposals the turnkey installation and configuration services required for the successful deployment of the System. This is to include, but not be limited to the following: • • The installation and configuration of all network components, access points, routers, bridges and other network equipment. Coordination with WP and the City and any other parties required for access to any structural assets, facilities or permits required for the installation of the System. The ramp-up and activation of all services defined as requirements in the RFP, to include but not be limited to customer service, technical support, hosting, OSS, network management systems, processes and personnel. The configuration and integration of all components in the Systems to meet the requirements defined in the RFP. Adherence to any FCC rules or guidelines for the configuration and installation of any wireless equipment using licensed or unlicensed spectrum, with specific emphasis on Part 15 of Title 47 of the Code of Federal Regulations for unlicensed operation. Any tuning required throughout the contract term to meet the service level agreements (“SLAs”) defined in the RFP. • • • • 2.2.4 Telecommunications Provisioning and Services Respondents must include in their Proposals a detailed description and cost for all equipment, provisioning, activation and maintenance services for any wired or wireless leased line telecommunications services needed to support their Proposal throughout the contract term. This is to include, but not be limited to the following: Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 12 of 50 • Any leased telecommunications service required to route network traffic from WiFi access points back to any designated “Wi-Fi egress point”, referring to any location in the System where Wi-Fi network traffic is aggregated. Any leased telecommunications service required to route network traffic from proposed egress point(s) back to any designated Internet PoP. Any provisions for interconnecting the proposed System over time with alternate “peering points” to support SPs who market services over the network. A detailed description for how capacity estimates for all aggregation points in the System was derived. This description can use either or both of the following methods: o Concurrent subscriber bandwidth usage for each category of service referenced in Section 1.1 and subscriber projection defined in Section 2.2.1 of the RFP, expressed in kilobits per second (Kbps) per subscriber. o Oversubscription rates for each category of service referenced in Section 1.1 and subscriber projection defined in Section 2.2.1 of the RFP, expressed as a ratio of subscriber bandwidth sold to net aggregation-point bandwidth available. • • • 2.2.5 Network Monitoring and Management Services Respondents must include in their Proposal a turnkey solution for the monitoring and management of the System. This must include all network equipment, hardware, software, tools, personnel and other components required to meet the reliability and performance goals of the RFP. At a minimum, Proposals should define and elaborate on how the proposed solution addresses the five ISO network management functions summarized below. • Performance Management – Measures and makes available various aspects of network performance so that inter-network performance can be maintained at an acceptable level. Examples of performance variables that might be provided include, but are not limited to network throughput, user response times, and component utilization. Configuration Management – Monitor network and system configuration information so that the effect of configuration changes (intentional or nonintentional) can be tracked and managed. • Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 13 of 50 • Accounting Management – Measure network-utilization parameters so that individual or group uses on the network can be regulated appropriately. Such regulation should minimize network problems and maximize the fairness of network access across all domains and users. Fault Management – Detect, log, notify support organizations and users (where appropriate) of, and (to the extent possible) automatically fix network problems to keep the network running effectively. This should include proactive determination of symptoms, isolation of problems and rapid resolution Security Management – Control access to network and system resources according to defined policies so that the network cannot be sabotaged (intentionally or unintentionally) and those without appropriate authorization cannot access sensitive information. • • In addition to supporting the five functional areas listed above, Proposals must further meet the following technical requirements: • • • • • • • • • • • Support for event notifications Support for group management of system components Built-in configuration database Support for Simple Network Management Protocol (“SNMP”) standards Graphical representation of network data Support for configurable Access Control Lists (“ACLs”) Ability to drill-down on System components Ability to auto discover new devices in the System Support for wireless proxy agents for non-SNMP devices Support for statistical reporting Support for remote management and updates of remote system components from a central location 2.2.6 Network Maintenance and Upgrade Services Respondents must include in their Proposals a detailed plan and all costs for routine maintenance of the System. This should include any assumptions for spare inventory, upgrade cycles, capacity upgrades, or similar needs. Respondents must also propose a solution that mitigates the risk of obsolescence in the System over time. Proposals must include a detailed plan and all associated costs for how the network will be upgraded during the contract term. The Wireless Philadelphia Business Plan calls for a complete replacement of the network infrastructure during a period of seven (7) years. This should be interpreted not as a Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 14 of 50 “forklift upgrade” during Year Seven, but rather a continuous process of “technology refresh” throughout the contract term. Proposals must include a detailed plan for how and when this technology refresh process will occur during the contract term. This should be tailored to the specific technology solution proposed. Proposals must also comply with the following: • • • • An upgrade plan must be submitted in advance of any planned update, subject to review and approval by WP Minimal interruption of service can occur during these upgrades Backwards compatibility must be provided for existing applications, services and subscribers as upgrades occur Upgrade plans will consider the specific product roadmap for the equipment vendor(s) in the Proposal 2.2.7 Operations Support Systems (OSS) Services Respondents must include in their Proposal a turnkey solution for an Operations Support System (“OSS”) that integrates all billing, settlement, customer service, technical support, provisioning, network element and network management components as seamlessly as possible. Specific requirements include, but are not limited to the following, which must all allow for integration with SP systems: • • • • • • • • • • The ability to support multiple SPs. The ability to define flexible wholesale service plans, pricing and rating based on usage or flat rates. The ability to support flexible service policies for time and for quality of service. The design, development, management and hosting of a subscriber software portal for the System. The portal must also support multi-lingual usage. The ability to support co-branding of the portal with SPs. The ability to support wholesale billing, receivables, collections and settlement with SPs and roaming partners based on service and rate plans, subscribers provisioned, and other service characteristics. The ability to support the roaming relationships defined in Section 2.2.1, including authentication, clearing house, settlement, and similar functions. The ability to define basic access and other value added service plans. The ability to perform usage tracking, customer reporting and usage policy enforcement. Interoperability with RADIUS-based public access points and gateways. Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 15 of 50 2.2.8 Customer Service and Technical Support Services Respondents must include in their Proposal a turnkey solution for “tier-two” customer service and technical support via a call center or other mechanism. Tier-two refers to the diagnosis and resolution of issues identified by SPs who market services to end user subscribers over the network. SPs are expected to provide tier-one customer service and technical support, meaning that they will be the “first line of defense” for end user subscribers on the network. Specific tier-two requirements that must be met by Respondents include: The general types of customer service and technical support issues that must be supported are listed below. Note that this list should serve only as a guideline for defining requirements. Respondents are encouraged to elaborate in their Proposals on more detailed call types needed to meet the goals defined in the RFP. • • • • • • • • Issues from tier-one SP agents dealing with billing, invoice, and/or settlement charges between WP and the retail provider (customer service issues). Issues from tier-one SP agents dealing with technical problems reported by retail subscribers (technical support issues). A toll free 1-800 number for SP agents to contact the Respondent in order to report an issue and obtain a resolution. Tier-two support hours are expected to be 24x7x365. The ability for SP agents to also report an issue and obtain a resolution via email, Web based interface and interactive messaging (“chat”). A dedicated technical expert, with knowledge of all aspects of the System, available to WP on a telephone or pager basis, 24x7x365. Proactive notification to SPs for network problems, outages and other issues affecting the System via e-mail and Web interface. The development, maintenance and hosting of a library containing electronically available frequently asked questions (“FAQ”) to aid in selfsupport. A secure, managed database of all SP information, call tracking detail, resolutions, etc. This system should be fault tolerant and backed up on a regular schedule. The system should also support secure login to private areas by each SP. • Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 16 of 50 • The creation and routine delivery of pre-defined and ad-hoc reports on issues, wait times, abandoned calls, resolution times and other standard customer service and technical support metrics. While no “warm transfer” of subscriber issues will be escalated from SP agents, Respondents are expected to support “three-party calls” with the Respondent agent, SP agent and subscriber to diagnose and resolve an issue. SP agents will be required to retain ownership of the subscriber call. The ability to support “total call management”, referring to the diagnosis and resolution throughout the lifecycle of a subscriber or SP agent issue. This must include the ability to track a call from the time the issue is reported, through any escalation to other parties, and the closed-loop resolution with the SP agent. • • In addition to the requirements stated above, Respondents are encouraged to elaborate in their Proposals on the following issues: • • • Estimates for SLAs for call triage, call response times, issue resolution times, and similar obligations that can be committed to by the Respondent. Any additional features and functions supported by their solution. Any preliminary call or process flows demonstrating how processes can or should be integrated between subscribers, SP agents and tier-two agents from the Respondent Any supported integration between the proposed solution and other enterprise resource planning (“ERP”), customer relationship management (“CRM”), OSS or other back office systems Any additional features for knowledge management and/or other technologies that will result in improved customer service and technical support • • 2.2.9 Software Hosting and Facilities Services Respondents must include in their Proposals all costs for the facilities needed for all hardware, software and personnel. The proposed hosting solution must meet the following requirements: • • • Secure facilities with controlled entry only by authorized personnel Climate controlled to meet all equipment specifications Backup power adequate to maintain system availability for up to a twentyfour (24) hour interruption Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 17 of 50 • • • • 24x7x365 monitoring and availability management Backup and recovery tools and processes Proactive capacity planning Problem avoidance and change management tools and processes Respondents must define and elaborate on their proposed solution for hosting of all software systems required in the RFP. This must include the locations of all proposed facilities, compliance to the base requirements listed above and a definition of the methods used to ensure that capacity and availability will be adequate to support the subscriber and service projections listed in Section 2.2.1. 2.2.10 Program and Project Management Services Respondents must provide program and project management services throughout the contract term. Specifically, these services must include: • The designation of an executive sponsor from the Respondent company who has the authority to make key financial, legal, operational and other decisions required for compliance with the contract terms. The designation of a primary or single point of contact (“SPOC”) from the Respondent’s company for all business and technology-related issues. The delivery of routine program and project status reports to WP. These status reports must include: o o o o o o o o o • Date of report Summary of program and/or project status Items completed during last reporting period Items planned for next reporting period Issues and risks identified Mitigating factors for issues and risks identified Project schedule, timeline, tasks, owners SLA compliance status for prior reporting period Other issues as deemed appropriate or required by WP • • The designation of an issue escalation path, which is to include the names and contact information of personnel from the SPOC to the executive sponsor, the types of issues requiring escalation, timeframes, and other parameters Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 18 of 50 2.3 Proof of Concept WP anticipates that the successful Respondent will be required to conduct a limited proof of concept implementation of its proposed solution in order to demonstrate the viability of the solution, its compliance with RFP requirements and its department. The proof of concept will be required early in the project, and successful completion of the proof of concept, or adjustment of the proposed solution and/or implementation plan to address, to WP’s satisfaction, any deficiencies revealed by the proof of concept, will be a condition of the project proceeding beyond the proof of concept. The scope of the proof of concept will be determined based on the Proposal and final scope of work, but WP anticipates that it would extend at least to three months; and would include at least the following: design, deployment and management of the network infrastructure proposed by Responder in a defined geographic area of up to fifteen (15) square miles, to be designated by WP, and successful performance of all System functions in accordance with RFP requirements, for all data generated in a designated period. Proposals must describe in detail, as part of the implementation plan required in Appendix B, a proof of concept implementation that meets these requirements and is in the judgment of the Respondent sufficient to demonstrate the functionality and viability of the recommended solution. WP reserves the right to forego the proof of concept implementation if, in WP’s sole judgment, the solution contained in the successful Proposal and final scope of work does not require a proof of concept. 2.4 Maintenance and Support; Warranty; Training 2.4.1 Maintenance and Support Services The Proposal must include a section describing the maintenance and support services to be provided under the contract resulting from the RFP. A minimum of one (1) year of maintenance/support services, commencing on final acceptance of the System and project by WP, must be included in the fixed price cost proposal, with the price identified in a separate line item. WP expects that maintenance and support will be furnished on a “turnkey” basis – i.e. the successful Respondent will itself be contractually responsible for all maintenance and support services for all elements of the System, including but not limited to all equipment and software and any data transport services that are required under the contract, and will be the single point of contact for service and support. Respondents are requested to price six (6) additional years of maintenance and support, with the price for each of Year Two through Year Seven identified in separate line items. WP expects that the successful Respondent will guarantee the availability of maintenance and support services for the System, on the foregoing “turnkey” basis, for a minimum of seven (7) years from final acceptance of the System. Proposals must include a description of the proposed services, stating whether the Respondent will comply with the foregoing terms, and describing the Respondents problem resolution procedures – Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 19 of 50 including problem severity classifications, response times and “fix” times for each level of severity, and the escalation procedures (including on-site service) that will apply where resolution is not immediately achieved. 2.4.2 Warranty WP requires a warranty from the successful Respondent that covers the entire Wireless Philadelphia System and all work that is provided by the successful Respondent under the contract resulting from this RFP, including, without limitation: all software, equipment, cabling, and other deliverables; network design and other designs and studies furnished and/or used in the implementation of the System; and implementation/integration services, construction services, and any other services required under the contract resulting from the RFP. The warranty will guarantee that the System will conform to the contract statement of work and to all technical specifications, performance standards, and designs for the System that are incorporated in the contract and/or furnished as deliverable under the contract. The warranty must be on a “turnkey” basis – i.e. the successful Respondent must itself be contractually responsible for all warranty obligations and must be the single point of contact for service under the warranty. WP expects a warranty period of at least two (2) years, commencing on final acceptance of the System by WP. The price of such a two-year warranty must be included in the fixed price cost proposal, with the price identified in a separate line item. WP requests that Respondents price five (5) additional warranty years beyond the two-year warranty in separate line items of the cost proposal. Any premium charged for a warranty year – i.e. any charge in addition to the price for a concurrent year’s maintenance and support services – should be identified in the cost proposal. 2.4.3 Training WP requires that the training services described in Appendix E, Training Requirements, in accordance with the conditions there provided. Proposals should describe, and in the Cost Proposal provide line item costs for, the training that the Respondent is capable of providing, the training methodologies and materials to be used, and the Respondent’s experience in furnishing the kinds of training requested. Proposals should state clearly, in the Requirements Compliance Certification, whether each type of training requested will be offered in accordance with the requirements of Appendix E. 2.5 Responsiveness Proposals must satisfy all requirements set forth in this RFP. Any Proposal that does not adhere strictly to RFP requirements may, in the sole discretion of WP, be rejected, as not responsive to the RFP, without further consideration. Proposals will be evaluated, in part, according to whether the Respondent meets the qualifications described in the RFP and submits a Proposal complying with all RFP requirements. WP reserves the right, in Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 20 of 50 its sole discretion, to determine whether any deviation(s) from or exception(s) to RFP requirements make the Proposal non-responsive or otherwise unacceptable such that the Proposal will be rejected without further consideration. 2.6 Disclaimer This RFP and the process it describes are proprietary to WP and are for the sole and exclusive benefit of WP. This RFP is not binding on WP. No other party, including any Respondent to this RFP or future Respondent to any RFP that may be issued by WP, is intended to be granted any rights hereunder. Any response to this RFP, including written documents and verbal communication, may be subject to public disclosure by WP, or any authorized agent of WP, and any materials submitted or ideas elicited in response to this RFP shall be the sole and absolute property of WP with WP having title thereto and unrestricted use thereof. 2.7 Publicity All publicity (including, but not limited to, news releases, news conferences, and commercial advertising) relating to this RFP and/or the services or products sought by this RFP and/or any contract awarded pursuant to this RFP shall require the prior written approval of WP. 2.8 Respondents Restricted No Proposal shall be accepted from, or contract awarded to, any City or WP employee or official, or any firm in which a City or WP employee or official has a material financial interest. No Respondent may be the prime contractor or prime Respondent for more than one Proposal submitted pursuant to this RFP. Entities that are legally related to each other or to a common entity may not submit separate Proposals as prime contractors or prime Respondents. Any Proposal may be rejected that, in WP's sole judgment, does not comply with these conditions. Nothing contained in this RFP is intended to preclude a Proposal by a party that proposes to perform the substantive work proposed through subcontractors. 2.9 Participation of Disadvantaged Business Enterprises WP will establish goals for the participation of Minority, Women and Disabled Disadvantaged Business Enterprises (collectively, “DBEs”) in the contract(s) resulting from this RFP. These goals will relate to the total dollar amount of the successful Respondent’s contract and may be achieved through a joint venture arrangement with a DBE(s) or through subcontracting. WP will establish a process for achieving this Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 21 of 50 participation. The specific goals and the process for achieving them will be published by Addendum to this RFP. 2.10 Acceptance of the Terms and Conditions of This RFP All Proposals submitted are subject to the terms and conditions set forth in this RFP. The Respondent, by signing and submitting its Proposal, and/or submitting its Proposal and signing the Proposal transmittal letter required by Section 3.1.6, Transmittal Letter, expressly acknowledges and agrees to all terms, conditions and requirements contained in this RFP. 2.11 Proposal Submission, Evaluation and Selection 2.11.1 General WP reserves the right, in its sole discretion, to reject all Proposals and reissue this RFP at any time prior to execution of a final contract; to require, in any RFP for similar products and/or services that may be issued subsequent to this RFP, terms and conditions that are substantially different from the terms and conditions set forth in this RFP; and/or to cancel this RFP with or without issuing another RFP. 2.11.2 Rights and Options Reserved WP reserves and in its sole discretion may, but shall not be required to, exercise the following rights and options with respect to the Proposal submission, evaluation and selection process under this RFP: • To reject any Proposals if, in WP’s sole discretion, the Proposal is incomplete, the Proposal is not responsive to the requirements of this RFP (see “Detailed Project Requirements” in the RFP appendices), the Respondent does not meet the Qualifications set forth in the RFP, or it is otherwise in WP’s best interest to do so; To supplement, amend, substitute or otherwise modify this RFP at any time prior to selection of one or more Respondents for negotiation and to cancel this RFP with or without issuing another RFP; To accept or reject any or all of the items in any Proposal and award the contract(s) in whole or in part if it is deemed in WP’s best interest to do so; To reject the Proposal of any Respondent that, in WP’s sole judgment, has been delinquent or unfaithful in the performance of any contract with WP or with others, is financially or technically incapable or is otherwise not a responsible Respondent; To reject as informal, non-responsive, or otherwise non-compliant with the requirements of this RFP any Proposal which, in WP’s sole judgment, is incomplete, is not in conformity with applicable law, is conditioned in any way that is • • • • Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 22 of 50 • • • • • • • unacceptable to WP, deviates from this RFP and its requirements, contains erasures, ambiguities, or alterations, or Proposes or requires items of work not called for by this RFP; To waive any informality, defect, non-responsiveness and/or deviation from this RFP and its requirements that is not, in WP’s sole judgment, material to the Proposal; To permit or reject at WP’s sole discretion, amendments (including information inadvertently omitted), modifications, alterations and/or corrections of Proposals by some or all of the Respondents following Proposal submission; To request that some or all of the Respondents modify Proposals based upon WP’s review and evaluation; To request additional or clarifying information or more detailed information from any Respondent at any time, before or after Proposal submission, including information inadvertently omitted by the Respondent; To inspect and otherwise investigate projects performed by the Respondent, whether or not referenced in the Proposal, with or without the consent of or notice to the Respondent; To conduct such investigations with respect to the financial, technical, and other qualifications of each Respondent as WP, in its sole discretion, deems necessary or appropriate; and To waive and/or amend any of the factors identified in the RFP as pertaining to the Respondent’s qualifications. 2.11.3 Contract Negotiation and Award WP reserves and in its sole discretion may, but shall not be required to, exercise the following rights and options with respect to the contract negotiation and award process resulting from this RFP: WP reserves the right to enter into post-submission negotiations and discussions with any one or more Respondents regarding price, scope of services, and/or any other term of their Proposals, and such other contractual terms as WP may require, at any time prior to execution of a final contract. WP may, at its sole election, enter into simultaneous, competitive negotiations with multiple Respondents or negotiate with individual Respondents seriatim. Negotiations with Respondents may result in the enlargement or reduction of the scope of services, or changes in other terms that are material to the RFP and the submitted Proposals. In such event, WP shall not be obligated to inform other Respondents of the changes, or to permit them to revise their Proposals in light thereof, unless WP, in its sole discretion, determines that doing so is in WP’s best interest. In the event negotiations with any Respondent(s) are not satisfactory to WP, WP reserves the right to discontinue such negotiations at any time; to enter into or continue negotiations with other Respondents; to enter into negotiations with firms that did not respond to this RFP and/or to solicit new proposals from firms that did not respond to this RFP, including but not limited to negotiations or proposals for components of the Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 23 of 50 System, if any, that are deleted by WP from the successful Proposal or the contract resulting from it. WP reserves the right not to enter into any contract with any Respondent, with or without re-issue of the RFP, if WP determines that such is in WP’s best interest. 2.11.4 Proposal Evaluation Proposals WP determines, in its sole discretion, are responsive to the RFP will be reviewed by a selection committee designated by WP. WP, in its sole discretion, may require any Respondent to make one or more presentations of its Proposal to the selection committee, at sites designated by WP, at no cost to WP, addressing its ability to satisfy the requirements of this RFP. WP shall not be required, however, to permit any Respondent to make such a demonstration. Cost to WP is a material factor, but not the sole or necessarily the determining factor in Proposal evaluation. WP may, in its sole discretion, award a contract resulting from this RFP to a person or entity other than the responsible and qualified Respondent submitting the lowest price. The contract will be awarded to the Respondent whose Proposal WP determines, in its sole discretion, is the most advantageous to WP and in WP's best interest. Proposal evaluation will include evaluation of the Respondent’s qualifications, based on Volume 1 of the Proposal and such other information and investigations as WP deems necessary and appropriate; and evaluation of the Respondent’s technical solutions and Cost Proposals as set forth in Volume 2, and potentially Volume 3, of the Proposal. WP, in its sole discretion, may, but shall not be required to, reject without further consideration the Proposal of any Respondent that has not demonstrated, in WP’s sole judgment, that it satisfies the qualifications criteria provided in the RFP. WP reserves the right, in its sole discretion and without notice to Respondents, to modify this evaluation procedure as it may deem to be in WP’s interest. Evaluation factors to be considered by WP include, but are not limited to, the following (no particular order of importance, weighting, or other priority is assigned to these factors or reflected by their order in the list): (1) Project understanding and soundness of proposed project methodology, including but not limited to the detail and accuracy of the proposed scope and statement of work and implementation plan; (2) The impact of the proposed solution on the operations of WP, and the demonstrated ability of the solution to enhance operational efficiency and effectiveness; (3) The Respondent’s financial and technical qualifications to perform the work required by the RFP, as presented in its Proposal and determined by any other investigations conducted or information obtained by WP; Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 24 of 50 (4) References provided by the Respondent, particularly from projects of similar complexity and scope; (5) Commitment and ability to complete the project within the time frame specified in the Proposal; (6) The Cost Proposal, including long-term cost of any license fees, recurring maintenance and support costs, and other fees; (7) Demonstrated ability to provide technical solutions comparable to those requested in this RFP; (8) Compliance with RFP Requirements, including, but not limited to, the ability of the specific solution (design(s), equipment, software and services) proposed to satisfy the RFP’s functional, performance, and other requirements for the System; (9) The performance, reliability and scalability of the proposed System, as evaluated during a proof of concept as defined in Section 2.3 of this RFP; and (10) Any other factors WP considers relevant to the evaluation of the Proposal. 2.11.5 Site Inspections WP may, at its sole option, inspect the Respondent’s work at one or more sites where the Respondent’s and/or a proposed subcontractor’s products are installed or services have been provided. If a list of such sites is not required elsewhere in this RFP or included in its Proposal, the Respondent will promptly provide such a list upon written request by WP. 2.11.6 Prime Contractor Responsibility All subcontractors will be subject to approval by WP. Prior to contract execution, the successful Respondent will be required to furnish the corporate or company name and the names of the officers and principals of all subcontractors. Notwithstanding any such approval by WP, the successful Respondent shall itself be solely responsible for the performance of all work set forth in any contract resulting from the RFP, and for compliance with the price and other terms provided in the contract. The successful Respondent shall cause the appropriate provisions of its Proposal and the contract to be inserted in all subcontracts. WP’s consent to or approval of any subcontract or subcontractor proposed by a Respondent shall not create or purport to create any obligation of WP to any such subcontractor, or any form of contractual relationship or relationship of privity between WP and the subcontractor. Any Respondent who obtains such approval or consent of WP shall be required to insert a clause so providing in all subcontracts. Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 25 of 50 2.12 Responsibility for Proposal Costs The Respondent shall be solely and fully responsible for all costs associated with the development, preparation, transmittal, and submission of any Proposal or material submitted in response to this RFP. WP may, in its sole discretion, ask selected Respondents to present their Proposal in person to WP’s representatives at WP’s offices, and the costs of such presentations, as well as the costs of any proof of concept implementation required by WP under Section 2.3, shall be solely the responsibility of the Respondent. WP assumes no contractual or other obligations as a result of the issuance of this RFP, the preparation or submission of a Proposal by a Respondent, the evaluation of Proposals, the Respondent’s conduct of presentations or proof of concept implementations, or the selection of any Respondent for further negotiations. There may be no claims whatsoever for reimbursement from WP or any of its consultants for such costs. All costs incurred by the Respondent during the selection process and during negotiations will be solely the responsibility of the Respondent. 2.13 Proposal Security Respondents must submit, with their Proposal, Proposal Security in the amount of One Hundred Thousand Dollars ($100,000). Proposal Security may be in the form of a certified Treasurers or Cashiers Check, U.S. Postal Money Order or Bank Money Order made payable to “Wireless Philadelphia” or a proposal bond executed on WP’s form. Any Proposal, which is not accompanied by the required Proposal Security, may, in the sole discretion of WP, be rejected without further consideration. Proposal security may be retained by WP and forfeited by the Respondent as liquidated damages to WP if the Proposal is accepted and a contract is awarded thereon, but the Respondent fails to execute a contract in conformance with its Proposal, or fails to furnish the required surety bond(s) and/or insurance in accordance with this RFP and the contract. WP reserves the right to pursue any other rights or remedies it might have against the Respondent, at law or in equity, including but not limited to the right to hold the Respondent liable for the actual loss or damage sustained by WP as a result of the Respondent’s failure to execute a contract or furnish the required surety bonds and insurance. Proposal security may be canceled or withdrawn by the Respondent after One Hundred and Eighty (180) days if no contract has been awarded to the Respondent in that time. Failure to submit Proposal security as required herein may, in WP’s sole discretion, result in disqualification of the Respondent and rejection of the Proposal. 2.14 Withdrawal or Modification of Proposals Respondents may withdraw or modify their Proposals at any time prior to the Proposal Submission Date provided in Section 1.2, Proposal Submission Date, by written notice of withdrawal or written submission of the modification, signed in the same manner and by the same persons who signed the Proposal. Such written notice must be addressed to WP Primary Contact as specified in Section 1.3. Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 26 of 50 3 Proposal Requirements 3.1 Administrative Requirements Respondents must comply with all administrative requirements for this RFP provided in this Section 3.1 3.1.1 Respondent Registration; Web Site Publication of the RFP WP requires that all prospective Respondents register with WP, by signing the attendance sheet and any additional registration documents required by WP at the Pre-Proposal Meeting provided in Section 3, Proposal Submittal Requirements, and by submitting the form attached to the RFP and posted on the web site referenced below. WP will exercise reasonable efforts to ensure that all Respondents attending the Pre-Proposal Meeting and registering as described will receive notices, and/or addenda to the RFP that are issued by WP; WP accepts no responsibility with respect to such notices and addenda for Respondents that have not registered. A Respondent’s failure to comply with this registration requirement may, at WP’s sole discretion, result in rejection of its Proposal without further consideration. WP anticipates that this RFP will be made available to prospective Respondents and others by posting it on the web pages www.wirelessphiladelphia.org, www.phila.gov/wireless, and www.phila.gov/rfp (the “RFP Website”). Except as expressly provided otherwise on the RFP Website, Respondents that obtain the RFP via the RFP Website shall be bound by all instructions, disclaimers, terms and conditions for viewing, downloading and/or printing the RFP that are posted on the “Terms of Use” page of the site (accessed by clicking on the “Terms of Use” link on the Phila.Gov Home Page). These Terms of Use are incorporated in and made a part of this RFP by reference. Proposals must be submitted in accordance with this Section 3, and may not be submitted by electronic mail or any form of communication with or through the web site. 3.1.2 Pre-Proposal Meeting A Pre-Proposal Meeting to review the requirements of this RFP will be held in Philadelphia, Pennsylvania on April 18, 2005, starting at 1:30 PM Eastern Daylight Time, at the following location: Municipal Services Building, 1401 JFK Blvd., 16th Floor, Conference Rooms X & Y, Philadelphia, PA 19102. Attendance at the Pre-Proposal meeting is strongly encouraged. WP reserves the right, in its sole discretion, to reject without evaluation the Proposal of any Respondent that does not attend the meeting. Attendees are expected to be present for the entire meeting. Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 27 of 50 3.1.3 Addenda to the RFP; Requests for Information; Inconsistencies WP may, in its sole discretion, issue addenda to this RFP containing responses to questions and requests for information, addressing matters raised at the Pre-Proposal meeting(s), clarifications of the RFP, revisions to the RFP, or any other matters that WP deems appropriate. Addenda will be issued to registered vendors and may also be obtained at the RFP Website. Notification of the posting of addenda to the RFP on the RFP Website will be emailed to the contact person designated by the Respondent. If Respondents wish to be notified by U.S. Mail, they must so request in writing addressed to the Primary Contact. All questions, requests for clarification, and requests for additional information regarding this RFP must be submitted to WP’s Primary Contact not later than April 25, 2005 by 4:00 PM Eastern Daylight Time. All such questions and requests must be submitted in writing, by facsimile, U.S. mail, private delivery service, or hand delivery (submissions by electronic mail or by any form of communication through WP’s web site are not acceptable, and may, in WP’s sole discretion, be disregarded). Responses to such questions and requests shall be at WP’s sole discretion and nothing in this RFP shall create an obligation by WP to respond to the submitting party or at all. Responses may, in WP’s sole discretion, be by published addendum addressed to all prospective Respondents attending the mandatory Pre-Proposal Meeting and registering; or by communication directly with the submitting party, without notice to other prospective Respondents. No oral response by any employee or agent of WP shall be binding on WP, or shall in any way constitute a commitment by WP. If a Respondent finds any inconsistency or ambiguity in the RFP or an addendum to the RFP issued by WP, the Respondent is requested to notify WP in writing. 3.1.4 Authorized Signature; Certification The Proposal must contain the signature of a duly authorized officer or agent of the Respondent’s company who has the power to bind the company to the requirements, terms and conditions contained in this RFP. Proposals submitted without such signature may, in WP's sole discretion, be rejected without further consideration. The Respondent, by signing its Proposal, certifies (i) that its Proposal is genuine and is not made in the interest of, or in the behalf of, any undisclosed person, firm, or corporation; (ii) that it has not directly or indirectly induced or solicited any other Respondent to put in a false or sham Proposal; (iii) that it has not solicited or induced any other person, firm, or corporation to refrain from submitting a Proposal; and (iv) that it has not sought by collusion to obtain for itself any advantage over any other Respondent or over WP. Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 28 of 50 3.1.5 Proposals Binding By signing and submitting its Proposal, and/or submitting its Proposal and signing the Proposal transmittal letter required by Section 3.1.6, Transmittal Letter, each Respondent agrees to be bound by the terms and conditions, including, without limitation, the prices stated therein, for a period of one hundred and eighty (180) days from the Submission Date. A Respondent’s refusal to enter into a contract that reflects such terms and conditions may, in WP’s sole discretion, result in rejection of the Proposal, termination of any negotiations with the Respondent, and/or Respondent’s forfeiture of the Proposal Security as set forth in the “Proposal Security” section below. It shall be the Respondent's responsibility to review and verify the completeness of its Proposal. Respondents may withdraw or modify their Proposals at any time prior to the Submission Date by written notice of withdrawal or written submission of the modification, signed in the same manner and by the same person(s) who signed the initial Proposal, to WP’s Primary Contact. WP reserves the right, at its sole discretion, to permit or require modifications to any Proposal after it is submitted, as set forth in the “Reservation of Rights” sections of the RFP. 3.1.6 Transmittal Letter One signed original transmittal letter, on the firm letterhead of the Respondent, and fifteen (15) copies of the letter shall accompany the Proposal. The original letter shall be signed by a person with authority to bind the Respondent to all terms of the Proposal. Submission of the signed letter with the Proposal constitutes the Respondent’s acceptance of all terms, conditions, and requirements of the RFP, and further binds the Respondent to all terms of the submitted Proposal. The transmittal letter shall include all of the following: • The name, street address, mailing address if different, email address, telephone number, facsimile number, and web site address (if any) of the firm submitting the Proposal; The name, street address, mailing address if different, email address, telephone number, and facsimile number of the person to contact in connection with the Proposal; The title of the RFP and WP RFP number (if any), as set forth on the cover page of the RFP; The following statement: • • • Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 29 of 50 By this letter, [insert firm name of Respondent] submits its Proposal in response to Wireless Philadelphia Request for Proposals for a Citywide Wireless Network. By signing this letter, the undersigned binds [insert firm name of Respondent] to all terms of the Proposal; represents and warrants that s/he has the authority to so bind [insert firm name of Respondent]; and acknowledges that [insert firm name of Respondent] and the undersigned each understands and accepts the terms, conditions, and requirements of the foregoing Request for Proposals. • The name, street address, email address, telephone and facsimile numbers and contact person of the firm which will guarantee performance of the Contract if it is a firm other than the Respondent (including, but not limited to, parent corporations); A statement that the Proposal remains open and valid until at least one hundred and eighty (180) days from receipt of the proposal; Attached to the transmittal letter shall be the Proposal Security in accordance with Section 2.13, Proposal Security. • • 3.1.7 Proposal Submission Requirements Proposals submitted in response to this RFP shall be sent to WP Primary Contact, (see “General Information” section of this RFP). Submission Date, Time, and Place. All copies of the Proposal must be received not later than 4:00 PM Eastern Daylight Time on May 23, 2005, at the following location: 1234 Market Street, Suite 1850, Philadelphia, PA 19107. WP reserves the right, in its sole discretion, to reject and return without evaluation any Proposal received after the Proposal submission time and date, whether it is delivered by United States mail or otherwise. Submissions In Electronic and Hard Copy Format. All Proposals must be submitted both electronically on CD ROM disk (in Adobe Portable Document Format, PDF) and in typewritten “hard copy” format. Submission by facsimile, by electronic mail, or by any form of communication through WP’s web site, will not be accepted. The Proposals, including all graphs and charts, with no exceptions, shall be neatly typed or printed on 8-1/2 in. x 11 in. paper. Proposals shall include a table of contents listing all sections, figures, and tables and their corresponding page numbers. Qualifications and Technical/Cost Proposals in Separate Volumes. Respondents will submit Proposals in three separate volumes (the details for each volume are provided below): • Volume 1 - Qualifications Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 30 of 50 Volume 1 will set forth the Respondent’s qualifications, and must be labeled on the cover with “Citywide Wireless Network Proposal”, Volume 1 – Vendor Qualifications.” The required contents of Volume 1 are defined in the “Qualifications of Respondents” section below. • Volume 2 – Technical Approach and Cost Proposal Volume 2 will set forth the Respondent’s technical approach and solution for meeting the requirements of the System, and its cost Proposal, and must be labeled on the cover with "Citywide Wireless Network Proposal”, Volume 2 – Technical Approach and Cost Proposal." The required contents of Volume 2 are defined in the “Technical Approach and Cost Proposal” section below. Volume 3 – Technical Approach and Cost Proposal for Counter Proposal Volume 3 is optional and should be used by Respondents who present any counter proposal. If a counter proposal is presented, Volume 3 is to include the Respondent’s technical approach and cost proposal, in substantially the form and content provided below for Volume 2. • Each volume must be clearly marked on the cover with the Respondent's name and the RFP title and number, if any. WP will not be responsible for premature opening of Proposals not properly labeled. One original, one CD with all volumes and fifteen (15) complete copies of each volume must be submitted. 3.2 Implementation Plan, Statement of Work, Project Schedule and Milestone Payment Schedule Respondents must submit the following documents (collectively, “Project Documents”) as part of their Proposals, in accordance with the overall structure of the work as set forth in the RFP and the specific format and other requirements provided in Appendix B (if no requirements are provided in Appendix B, Respondents should submit the Project Documents in the form they currently use for work of the type here sought): (a) an implementation plan for the proposed System and/or services that describes in detail (i) the methods, including controls, by which the Respondent manages projects of the type sought by this RFP; (ii) where software is to be developed, customized, and/or implemented as part of the project, the Respondent’s software development and implementation methodology, including, but not limited to, version control, error correction, pre-delivery testing and de-bugging procedures, and post-installation testing; (iii) and any other project management or implementation strategies or techniques that the Respondent intends to employ in carrying out the work; Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 31 of 50 (b) a detailed statement of the work to be performed, in a form that the Respondent considers appropriate and sufficient for incorporation in a contract document; (c) a detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, principal schedule milestones, and overall time of completion; and (d) a milestone payment schedule setting forth the frequency and amount of progress payments, and identifying the tasks and deliverables (“milestones”) to be completed for each payment. Proposals will be evaluated in part on the adequacy of the proposed Project Documents. WP reserves the right, in its sole discretion, to impose additional or different requirements on any of the Project Documents submitted in any Proposal, without notice to other Respondents. 3.3 Proposal Contents 3.3.1 Volume 1 – Qualifications of Respondents Proposals will be evaluated, in part, on the Respondent’s ability, in WP’s sole judgment, to demonstrate technical and financial capacity to perform the work it proposes in accordance with the requirements of this RFP. Respondents are accordingly required to furnish the information described below. WP reserves the right, in its sole discretion, to require additional or different qualifications information, and is the sole judge of whether the Respondent’s submissions meet the information requirements provided below and are sufficient to demonstrate the Respondent’s qualifications. Volume 1 of the Proposal should include the following sections, with the information specified for each. Volume 1: Subsection 1: Description of Respondent. The Respondent shall provide: (a) Name, street address, mailing address if different, email address, and telephone and facsimile numbers of the Respondent. (b) Year established (include former firm names and year each applied). Identify the country and state in which the firm was incorporated or otherwise organized. (c) Type of ownership and parent company and subsidiaries, if any. Include dates of any corporate mergers and/or acquisitions including all present and former subsidiaries with dates of any and all re-structuring since the founding date. Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 32 of 50 (d) Address and telephone number of production facility(ies) where any of the work is to be accomplished (if different than item a); name, address, and telephone number of the proposed project manager. (e) A narrative description and organization chart depicting the management of the Respondent’s organization and its relationship to any larger business entity. (f) A description of the overall operations of the Respondent, the number and scope of other projects currently ongoing or set to begin in the near future. (g) A narrative description of Respondent’s familiarity with and prior operating experience in the Philadelphia region. Specifically identify (i) all projects in the last five years on which Respondent has worked that are valued at over $100,000 and located in the City of Philadelphia, (ii) any contracts valued at over $100,000 entered into with the City of Philadelphia in the last five years; and (iii) any contracts valued at over $100,000 entered into with any other government entity in the last five years (the 30 most recent such contracts shall be sufficient; Respondents may list more than 30). (h) Provide, at Respondent's option, any additional information not specifically listed above which demonstrates the qualifications of the Respondent to perform the scope of work specified in this RFP. Volume 1: Subsection 2: Technical Qualifications (a) The Respondent shall provide information that demonstrates that it possesses the technical expertise that WP requires for this RFP. (b) Respondents should submit references from owners of projects that are comparable in size, complexity and scope of work sought by this RFP. The references should also demonstrate the Respondent experience with the technology solution proposed. The histories of such projects that they have completed, firm resumes and resumes of key personnel should also be included as well as other such information believed to demonstrates the indicated types of experience. All references should include the name, title, telephone number of both the current owner of the project and the owner of the project at time of work effort. Specific reasons for using the reference must also be provided. (c) The Respondent must demonstrate adequate experience in the following areas; WP prefers a minimum of five years such experience: · · · · · · Wireless network infrastructure procurement Wireless network architecture and design services Wireless network installation services Telecommunications provisioning and services Wireless and wired network monitoring and management services Wireless network maintenance and upgrade services Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 33 of 50 · · · · · Operations Support Systems services Billing, receivables, collections and settlement services Customer service and technical support services Software hosting services Program and project management services Volume 1: Subsection 3: Financial Qualifications. The Respondent shall provide: (a) A narrative that demonstrates its financial capacity to undertake and complete the project as proposed and to furnish software systems and/or services in accordance with the RFP; (b) A current audited statement of financial condition, prepared by an independent certified public accountant; (c) Financial statements for the two (2) years preceding the year to which the statement required in b applies, prepared by an independent certified public accountant; (d) A bank reference; (e) A statement disclosing any audits of the Respondent by the federal government; (f) A statement disclosing any state or federal bankruptcy or insolvency proceeding that it has filed or with which it is otherwise involved; (g) If performance and/or payment bonds are required under the RFP, a notarized letter from an approved surety stating the willingness of the surety to issue the bonds to the Respondent as principal; (h) A description of contracts with municipalities for work of similar type, scope, and value as the work sought by this RFP; including, for each, the name, address, and telephone number of a contact person; (i) A copy of the most recent Form 10-K filed by the Respondent with the U.S. Securities and Exchange Commission, and copies of all Form 8-Ks filed since the filing of the most recent 10-K. If a Form 10-K is not filed with the SEC, submit the following: certified audited financial statements for the past three fiscal years including, at a minimum, income statements, balance sheets and statements of changes in financial position; if fewer than three years of financial statements are available, this information should be provided to the fullest extent possible; copies of the latest quarterly financial reports; a copy of the Respondent’s most recent annual report; Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 34 of 50 (j) If the Proposal is submitted by a partnership and/or joint venture, provide full information concerning the nature and structure of the partnership and/or joint venture, including: Entity(ies) that will be guaranteeing contract performance Date of joint venture or partnership. Does the agreement between members comprising the joint venture make each jointly and severally liable for contractual obligations of this project? (k) Any other information not specifically itemized above that it believes to be demonstrative of its financial capacity. 3.3.2 Volume 2 – Technical Approach and Cost Proposal Volume 2 will set forth the Respondent’s technical approach and solution for meeting the requirements of the System, and its Cost Proposal. Volume 2 of the Proposal should be divided into five index-tabbed subsections, including the information identified below for each section. Volume 2: Section 1: Organization and Management. The Respondent shall provide the following in Section 1: (a) Organizational charts addressing the delineation of authority and responsibilities in performing the work described in the Proposal and identifying all key personnel, including, but not limited to, the project manager. (b) Company affiliation, job title, and resume of each individual listed in on the organizational chart, setting forth work experience, education, professional achievements, and any publications related to the type of work to be performed. (WP will require that the key people proposed for the project participate in their proposed capacities and WP must approve any substitutions or replacements.) (c) Detailed descriptions of the following: • The project management approach as defined in the “Project Approach and Plan” in the RFP Appendices; • All computer hardware, communications equipment, network equipment, and other equipment required for the System proposed, with detailed specifications for each; • Reasons for selection of hardware and software environment, if applicable, • The proposed proof of concept implementation, required by the RFP. Volume 2: Section 2: Scope of Work Plan. Section 2 will provide a detailed description of the Respondent’s plan for completing the work proposed in accordance with the time-ofperformance requirements of the RFP. The plan should include: (a) The proposed Project Documents, as provided in Section 3.2, Implementation Plan, Statement of Work, Project Schedule and Milestone Payment Schedule; Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 35 of 50 (b) A comprehensive list of tasks required to complete the scope of work proposed, with estimated effort (expressed in persons, identified by skill set, and hours) required for each task; (c) A detailed written description of how the Respondent intends to accomplish each task; (d) The name of key personnel identified in Subsection 1 who will be assigned to complete each task; (e) The approximate amount of time each day that each of the key personnel identified in Subsection 1 will spend on the project (e.g. Project Director will spend approximately 25 percent of his/her time during Step 1 of the project); (f) The items specified in the Appendices to the RFP, to the extent not provided in response to the foregoing; (g) All assumptions relied upon to develop the work plan and estimate and all conditions for its fulfillment as proposed, with specific emphasis on WP responsibilities; and (h) Any other technical or management approach or process that the Respondent will use to ensure that the project plan can be completed as proposed and in accordance with the time-of-performance constraints provided in the RFP. Volume 2: Section 3: Technical Proposal. Section 3 should include detailed information addressing each of the following: (a) Topology and infrastructure diagrams defining the technology proposed; (b) The architecture of the proposed solution, including detailed justification for the architecture selected and information correlating each component proposed for the following areas of requirements, each of which must be described in detail: · · · · · · · · · · · Wireless network infrastructure Wireless network architecture and design Wireless network installation Telecommunications provisioning and services Wireless and wired network monitoring and management Wireless network maintenance and upgrade Operations Support Systems (OSS) Billing, receivables, collections and settlement Customer service and technical support Software hosting Program and project management Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 36 of 50 (c) Logistical and support plan for deployment of the application. This includes details on items installed on desktops, handheld, remote devices, and servers; (d) Outline of WP resource requirements for supporting the proposed solution; (e) Outline of the disaster recovery plan for supporting the proposed solution; (f) Anticipated bandwidth requirements; (g) Server storage and hardware requirements with associated cost; (h) network issues such as latency, coverage issues, time-of-day performance, network congestion, packet size, and other performance factors. (i) Performance standards for the System proposed, including, but not limited to, the performance standards identified in this RFP, together with any network or other equipment specifications or characteristics, and any assumptions as to number of concurrent users and their levels of access, on which the performance standards are conditioned. Volume 2: Subsection 4: Cost Proposal. The Cost Proposal must conform to the requirements provided in Appendix B, Cost Proposal Requirements, and must be submitted on the template attached in Appendix B. An example of a completed template section is attached in Appendix B for purposes of illustration only. Respondents should note that WP is not subject to federal, state, or local sales or use taxes or to federal excise tax. The cost proposal may not include any such taxes. Volume 2: Section 5: Requirements Compliance Certification Detailed requirements for the System are provided in Section 2.2, Type of Solution Sought and Appendix A, Detailed Project Requirements. The Proposal must specify, for each requirement, that the proposed solution and/or services fully satisfies the requirement, does not satisfy the requirement, or partially satisfies the requirement (in which case, the extent of compliance and non-compliance with the requirement must be fully identified and explained, including all features not provided). Respondents are accordingly required to fill out and submit the Requirements Compliance Matrix attached in Appendix D, Requirements Compliance Certification. To facilitate responses and WP’s review, WP will provide an electronic version of the Matrix in Excel. Each row of this spreadsheet will contain one requirement; columns in the spreadsheet will contain drop down lists with acceptable responses. The first response column will allow the vendor to select whether the requirement (i) is fully satisfied by the proposed solution, (ii) is partially satisfied, or (iii) is not satisfied at all. When the value corresponding to either “partially satisfied” or “not satisfied” is selected, the vendor will be directed (and is required) to provide an explanatory Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 37 of 50 response in the next column of the spreadsheet. The permitted values for the explanatory response column are (iv) the requirement could be fully satisfied with customization of the software, (v) the requirement will be fully satisfied with the next planned release of the software, or (vi) the requirement will not be satisfied by the proposed solution. Where (iv) is the response, the required customization must be fully described, and any additional cost to WP identified. Where (v) is the response, the release date (i.e. final, ready-forproduction release date) must be provided, together with a full description of all features that the software will not provide and all respects in which it will not satisfy the requirement until such release. Where (vi) is the response, a full description of all features that the software will not provide and all respects in which it will not satisfy the requirement must be provided. These further explanations are to be provided in text sections identified by entering a reference number in the last column of the spreadsheet, with a separate reference number to the additional text for each requirement. A snapshot of the Excel spread sheet in attached in Appendix D for purposes of illustration only. The Requirements Compliance Matrix, in the form of a Microsoft Excel spreadsheet, is available on the RFP Website, at www.wirelessphiladelphia.org, www.phila.gov/wireless, and www.phila.gov/rfp. The completed Matrix must be submitted both as an electronic file and as a hard copy printout incorporated in Section 5 of Volume 2. The electronic version should be included on the CDROM version of the Proposal. 3.3.3 Reversion to Wireless Philadelphia The Wireless Philadelphia network and communications system will provide a fundamental service to the businesses and residents of the City of Philadelphia. In order to ensure the availability of this essential service, WP requires that the successful Respondent develop with WP a licensing and/or ownership structure for all property utilized in the operation and maintenance of the System. The agreed structure must provide (i) that upon material, uncorrected and persistent failure of the System to conform to the requirements of the Contract, WP will have immediate access to, and prompt possession of, all hardware, software, and proprietary methods and know-how that are necessary to operate and maintain the System in accordance with Contract requirements; (ii) that upon such failure, WP automatically be granted all licenses to intellectual property necessary for the operation and maintenance of the System in accordance with Contract requirements; and (iii) that the rights and interests set forth in (i) and (ii) shall operate, to the extent permitted by law, as a priority security interest in any such assets. WP reserves the right to require that the Contract resulting from this RFP allow WP to directly finance hardware and software assets such that a purchase money security interest attaches to the assets. Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 38 of 50 3.4 Liquidated Damages for Construction Delay, Non-Delivery, and System Failure The contract resulting from this RFP will require the contractor to pay liquidated damages in the event (i) principal milestones and/or the entire System are not delivered by the dates provided in the project schedule/implementation plan; (ii) the System is not delivered at all, or is delivered in a manner inconsistent with contract requirements; (iii) the System suffers a total or partial failure that deprives Wireless Philadelphia customers of service. The specific amounts of liquidated damages will vary with the specific condition and are subject to negotiation, but shall be sufficient, at a minimum, to cover the cost of financing the System, in the event of non-delivery; the cost of debt service and any contract penalties for which WP may be liable to System customers, in the event of delay in delivery; and the cost of remedial measures by WP and any contract penalties, in the case of partial to total System failure. 4 Wireless Philadelphia Contract Requirements Any Respondent selected to enter into final negotiations will be expected to enter into a contract with WP containing terms acceptable to WP, including, but not limited to, terms substantially similar to the insurance, indemnification and other provisions set forth below. WP reserves the right to require or negotiate different and/or additional terms and conditions in any final contract resulting from this RFP if, in the sole judgment of WP, it is in the best interest of WP to do so, without notice to other Respondents and without affording other Respondents any opportunity to revise their proposals based on such different or additional terms. Applicants may state for WP’s consideration any objections to the following contract terms, or to any of the terms and conditions set forth elsewhere in this RFP, in a separate section of the Proposal. Any such objection must identify the specific section(s) objected to, state the reason(s) for the objection, and propose alternative language or terms. Requirements and terms to which no objection is asserted will be presumed acceptable to the Respondent. WP may, in its sole discretion, evaluate proposals in part according to whether the Respondent so objects, and the number and type of objections asserted. 4.1 Term and Renewal WP expects the initial term of the Contract shall commence on or about August 22, 2005 (the “Initial Term”). WP may, at its sole option, require a multi-year initial term of the Contract or require a one-year initial term with additional successive one year terms (“Additional Terms”), each at WP’s option. Except as may be stated otherwise in such amendment, the terms and conditions of this Contract shall apply throughout each Additional Term. Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 39 of 50 4.2 Certificate of Non-Indebtedness The Contractor hereby certifies and represents that the Contractor and its parent company(ies), subsidiary(ies), and subcontractors are not currently indebted to WP or the City of Philadelphia and will not, if awarded the Agreement, at any time during the term of the Contract (including any extensions or renewals thereof) be indebted to the City or WP, for or on account of any delinquent taxes (including, but not limited to, taxes collected by the City on behalf of the School District of Philadelphia), liens, judgments, fees or other debts for which no written Contractor payment plan satisfactory to the City and WP has been established. In addition to any other rights or remedies available to WP at law or in equity, the Contractor acknowledges that any breach or failure to conform to this certification may, at the option of WP, result in the withholding of payments otherwise due to the Contractor under the Agreement and, if such breach or failure is not resolved to WP’s and the City’s satisfaction within a reasonable time frame specified by WP in writing, may result in the offset of any such indebtedness against said payments and/or the termination of this Agreement for default (in which case the successful Contractor shall be liable for all excess costs and other damages resulting from the termination). 4.3 Insurance; Performance and Payment Bonds 4.3.1 Insurance The Contractor will be required to procure and maintain, at its sole cost and expense, the types and minimum limits of insurance described below, on the terms specified; provided, however, that WP may, at its sole discretion, establish different minimum limits based on the final scope of work for the project. Unless otherwise approved by WP in writing, the Contractor shall, at its sole cost and expense, procure and maintain in full force and effect, covering the performance of the Services, the types and minimum limits of insurance specified below. All insurance shall be procured from reputable insurers admitted to do business on a direct basis in the Commonwealth of Pennsylvania or otherwise acceptable to WP. All insurance herein shall be written on an “occurrence” basis and not a “claims-made” basis. In no event shall work be performed until the required evidence of insurance has been furnished. The insurance shall provide for at least sixty (60) days prior written notice to be given to WP in the event coverage is materially changed, canceled, or non-renewed. WP, its officers, employees, and agents, shall be named as additional insured on the General Liability Insurance policy. An endorsement is required stating that the coverage afforded WP and its officers, employees, and agents, as additional insured, will be primary to any other coverage available to them and, that no act or omission of WP shall invalidate the coverage. Cancellation or non-renewal of any policy required hereunder, in the absence of replacement of the policy in amounts that satisfy the contract, is a breach of this agreement. Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 40 of 50 (a) Workers Compensation and Employers Liability Workers Compensation: Statutory limits Employers Liability: $500,000 each Accident - Bodily Injury by Accident; $500,000 Each Employee - Bodily Injury by Disease; and $500,000 Policy Limit - Bodily Injury by Disease. Other States coverage and Pennsylvania Endorsement. (b) General Liability Insurance Limit of liability: $10,000,000 per occurrence combined single limit for bodily injury (including death) and property damage liability; $10,000,000 personal and advertising injury; $20,000,000 general aggregate and $10,000,000 aggregate for products and completed operations. Coverage: Premises operations; blanket contractual liability; personal injury liability (employee exclusion deleted); products and completed operations; independent Contractors; employees and volunteers as additional insured; cross liability; and broad form property damage (including completed operations). (c) Automobile Liability Limit of liability: $1,000,000 per occurrence combined single limit for bodily injury (including death) and property damage liability. Coverage: Owned, non-owned and hired vehicles. (d) Professional Liability Insurance Limit of liability: $10,000,000 with a deductible not to exceed $25,000. Coverage: Errors and omissions including liability assumed under contract. Coverage for occurrences happening during the performance of the services required under this Contract shall be maintained in full force and effect under the policy or “tail” coverage for a period of at least five (5) years after completion of the services. Certificates of insurance evidencing the required coverages must specifically reference the WP contract number for which they are being submitted and shall be submitted to WP (at the address set forth in the Contract), and WP’s Risk Manager at least ten (10) days before work is begun and at least ten (10) days before each renewal term. The ten (10) day requirement for advance documentation of coverage may be waived in such situations where such waiver will benefit WP, but under no circumstances shall the Contractor actually begin work (or continue work, in the case of renewal) without providing the required evidence of insurance. WP reserves the right to require the Contractor to furnish certified copies of the original policies of all insurance required under the Contract at any time upon ten (10) days written notice to the Contractor. Contractor may not self-insure any of the coverages required under the Contract without the prior written approval of WP’s Risk Manager. In the event that Contractor desires to self-insure any of the coverages listed above, it shall submit to WP’s Risk Manager, prior to the commencement of Services and Deliverables hereunder, a certified copy of Contractor’s most recent audited financial statement, and such other evidence of its qualifications to act as a self-insurer (e.g., state approval) as may be requested by WP’s Risk Manager. In the event such approval, is granted, it is understood and agreed that WP, its officers, employees, and agents, shall be entitled to receive the same coverages and benefits under Contractor’s self-insurance program that they would have received had the insurance requirements been satisfied by a reputable insurance carrier authorized to do business in the Commonwealth of Pennsylvania or otherwise acceptable Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 41 of 50 to WP. If at the time of commencement of the Initial Term of the Contract, Contractor selfinsures its professional liability and/or workers’ compensation and employers’ liability coverage, Contractor may, in lieu of the foregoing, furnish to WP a current copy of the state certification form for self-insurance or a current copy of the State Insurance Commissioner’s letter of approval, whichever is appropriate. The insurance (including self-insurance) requirements set forth herein are not intended and shall not be construed to modify, limit, or reduce the indemnifications made in the Contract by Contractor to WP, or to limit Contractor’s liability under the Contract to the limits of the policies of insurance (or self-insurance) required to be maintained by Contractor hereunder. 4.3.2 Performance and Payment Bonds Upon the execution of the Contract, the Contractor shall, at its sole cost and expense, provide WP with a performance bond and a payment bond, as prepared by WP, in the amount of at least 100 percent of the contract amount as security for the faithful performance of and compliance with all the terms and conditions of the Contract. (WP reserves the right to require a performance bond and/or payment bond in a greater amount, based on the proposal(s) of the successful Respondent(s).) The performance and payment bonds shall be with a surety acceptable to WP and shall name WP as obligee thereon. The performance and payment bonds required by this section shall be for the duration of the term of the contract, and all renewal terms or shall be renewed in a sequence to achieve such duration. Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 42 of 50 4.4 Indemnification The Contractor shall indemnify, defend and hold harmless WP, its officers, employees and agents, from and against any and all losses, costs (including, but not limited to, litigation and settlement costs, employee time, and counsel fees), claims, suits, actions, damages, liability and expenses that: (i) are brought by customers of Wireless Philadelphia or end users of Wireless Philadelphia communication services as a result of a system failure covered by a Contract warranty or by a maintenance agreement with the Contractor ; (ii) arise from any reckless, negligent, or wrongful intentional act or omission by the Contractor, the Contractor’s agents, Subcontractors, employees or servants (collectively, “Contractor Parties”); (iii) arise from adverse environmental effects caused by Contractor Parties; (iv) allege infringement or violation of any proprietary right, including, but not limited to, patent and trade secret rights; (v) are brought by any Contractor Party; or (vi) arise from loss of life, bodily injury, personal injury, damage to property, failure to pay Subcontractors or suppliers, or any breach of the Contract. This obligation to indemnify, defend and hold harmless WP, its officers, employees and agents, shall survive the termination of the Contract and shall be in addition to, and not in lieu of, the provisions of Section 4.6.2, Infringement or any other remedy of WP provided in the Contract. The foregoing indemnification shall also apply to the City of Philadelphia in the case of any claim that relates to or arises out of the use of City property or services by WP. 4.5 Date Management Contractor represents and warrants that all software and equipment furnished under the contract shall properly handle all dates, including, but not limited to, properly processing dates from before 2000, including, but not limited to the following: (1) No value for current date will cause interruptions in the operation of software, firmware, or equipment and software, firmware and equipment will operate without any date-related faults or failures and without producing inaccurate data, including any calculation involving a span of time, which crosses a century. (2) All manipulations of time-related data (including, without limitation, dates, durations, days of week, month, and year) will produce results that conform to the manufacturer’s specifications for the software or equipment for all valid date values within the application domain. Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 43 of 50 4.6 Proprietary Rights Indemnification 4.6.1 Indemnification. (a) Contractor warrants that all elements of its solution, including all equipment, software, documentation, services, and deliverables, do not and will not infringe upon or violate any patent, copyright, trade secret or other proprietary rights of any third party. In the event of any claim, suit or action by any third party against WP, WP shall promptly notify Contractor in writing and Contractor shall defend such claim, suit or action at Contractor’s expense, and Contractor shall indemnify WP against any loss, cost, damage, expense or liability arising out of such claim, suit or action (including, without limitation, litigation costs, lost employee time, and counsel fees) whether or not such claim, suit or action is successful. (b) Contractor will not, however, be responsible for such loss, cost, damage, expense or liability if infringement is finally determined by a court of competent jurisdiction to be the sole result of (1) WP’s modification of the Software or its use of the Software in a manner not intended by the Parties or contemplated by this Contract; or (2)WP the act or omission of the third party supplier of a software product used in combination with Contractor’s Software but not furnished by Contractor under this Contract. Prior to such final determination, however, Contractor shall remain fully responsible, at its expense, for the defense and indemnification of any infringement claim in accordance with this Section; provided, that if the claimed infringement is finally determined to be solely the result of one or more of (1)-(2) noted above, WP will reimburse Contractor for its reasonable expenses (including reasonable litigation costs and attorneys fees) incurred therein. 4.6.2 Infringement. If any equipment, software, services (including methods), products or other intellectual property used or furnished by the Contractor under the contract (collectively, “Product(s)”) is, or in Contractor’s reasonable judgment is likely to be, held to constitute an infringing product, Contractor shall at its expense and option either: (a) Procure the right for WP to continue using the Product(s); (b) Replace the product with a non-infringing equivalent that satisfies all requirements of the Contract; or (c) Modify the Product(s) to make it or them non-infringing, provided that the modification does not materially alter the functionality or efficacy of the product or cause the Product(s) or any part of the work to fail to conform to the requirements of the Contract, or only alters the Product(s) to a degree that WP agrees to and accepts in writing. In the event that (i) a court of competent jurisdiction determines that the Product(s) infringe the rights of another party, (ii) all right of appeal or stay is exhausted as to such order, and (iii) Contractor is unable to replace or modify the Product(s) or otherwise procure for WP the right to continue using the Product(s), then Contractor shall accept return of the Product(s) and refund to WP the full amount paid by WP to Contractor for the Product(s) under the Contract. Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 44 of 50 4.7 Performance Standards WP expects that the contract resulting from this RFP will include performance standards for the System, including but not limited to those referenced in Section 2.2, Type of Solution Sought. 4.8 Acceptance 4.8.1 Conditional Acceptance (a) Contractor shall notify WP in writing when Contractor contends that all Work comprising a Milestone (as set forth in Exhibit __, Milestone Payment Schedule) is completed and ready for Conditional Acceptance by WP. Within thirty (30) days following receipt of Contractor’s written notice, WP shall issue its written statement of Conditional Acceptance of the Milestone, or its written notice that the Work comprising the Milestone is not Conditionally Accepted. Conditional Acceptance will not be unreasonably withheld provided that all Work comprising the Milestone is completed and conforms to the Conditional Acceptance Standards. (b) In the event any Work comprising a Milestone is rejected by WP, WP shall, in its notice of rejection, specify in reasonable detail the reasons for the rejection, including a description of the defects on which the rejection is based. Contractor shall, within five (5) business days following receipt of WP’s notice, deliver to WP its plan for correcting all defects identified in WP’s notice. Upon WP’s written approval of the plan of correction, Contractor shall proceed to correct the defective Work in accordance with the approved plan and shall complete all corrections within 15 calendar days following receipt of WP’s approval of the plan, or such longer period as WP may agree to in writing (the “First Correction Period”). Upon completion of the corrections, Contractor shall notify WP in writing of such completion. WP shall determine whether the corrected Work complies with the Conditional Acceptance Standards and issue its written notice of Conditional Acceptance or rejection of the corrected work to Contractor. If the Work is rejected a second time, Contractor shall again be required to correct the defects within five (5) days; and if the Work still does not comply with the Conditional Acceptance Standards, following the Second Correction Period, WP may, in its sole discretion, (i) request Contractor, in writing, to remove the rejected portion at Contractor's expense and to restore the System (and the premises, if applicable) to its condition prior to performance of the Milestone; and/or (ii) remove the rejected portion itself, at Contractor’s expense, if Contractor does not comply with such request; and/or (iii) perform the rejected portions of the work itself, through its own personnel or third parties, at Contractor’s expense. (c) The Conditional Acceptance Standards consist of the following: • the descriptions of functionality and standards of performance that are set forth in the Statement of Work (Exhibit __ ), the Performance Standards (Exhibit __), the Functional Requirements (Exhibit __), and elsewhere in this Contract, and that apply to the Milestone; Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 45 of 50 • • • • the manufacturer’s (including, without limitation, Contractor’s, where applicable) most current published specifications for the Software, Equipment, and Deliverables that apply to the Milestone; System designs, as accepted and approved by WP; the test criteria and standards of performance provided in the Test Plan(s) (as defined in Section ____, Acceptance Test(s); Test Plan(s)) that are accepted and approved by WP and apply to the Milestone; and successful completion of the Conditional Acceptance Tests and the Reliability Period provided in Section _____. 4.8.2 Final Acceptance (a) Contractor shall notify WP in writing when Contractor contends that all Work required for the Project is completed and that the System and all other components of the Project have been fully performed in accordance with the Contract, including, without limitation, the Final Acceptance Standards as set forth in Section ___, and the Work is ready for Final Acceptance Test(s). Following receipt of such notice, WP shall establish a schedule for commencing and conducting the Final Acceptance Test(s); the commencement date shall be not more than thirty (30) calendar days following the date on which WP receives Contractor’s notice except as may be agreed otherwise by the parties. The Project shall not be Finally Accepted unless and until the System and all other components of the Project function together as an integrated whole in accordance with the Final Acceptance Standards. (b) The Final Acceptance Standards consist of the following: • the descriptions of functionality and performance and all standards of performance that are set forth in the Statement of Work (Exhibit __ ), the Performance Standards (Exhibit __), the Functional Requirements (Exhibit __), and elsewhere in this Contract; • the Documentation; • the manufacturer’s (including, without limitation, Contractor’s, where applicable) most current published specifications for all Software, and Deliverables; • all design documents prepared by Contractor under the Contract, including, without limitation, the Preliminary Design and Detailed Design; • the test criteria and standards of performance set forth in the Test Plan(s), as accepted and approved by WP; and • successful completion of the Final Acceptance Tests and the Reliability Period provided in Section ___. 4.8.3 Acceptance Test(s); Test Plan(s) The Services and Deliverables comprising each Milestone in the Milestone Payment Schedule shall be subject to conditional acceptance testing as approved and accepted by WP (the “Conditional Acceptance Tests”), and the Services and Deliverables as an integrated system shall be subject to final acceptance testing as approved and accepted by WP (the “Final Acceptance Tests”). No Conditional or Final Acceptance Test or other test of the Services and Deliverables shall commence unless and until Contractor has delivered and WP has accepted and approved, in Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 46 of 50 writing, Contractor’s written plan or plans setting forth, for the Conditional Acceptance Test(s) and the Final Acceptance Test(s), a test method and criteria and standards of performance that must be satisfied for the test to be successful (collectively, the “Test Plan(s)”). The Test Plan(s) shall include, without limitation, test methods and criteria and standards of performance for all Project Milestones identified in Exhibit __, shall include all elements provided in Exhibit __ and otherwise conform to the general test requirements set forth in Exhibit __; and shall fully test the System for conformance to the Performance Standards and other Final Acceptance Standards. The Test Plan(s) shall be Deliverables under the Contract. 4.8.4 Reliability Periods (a) For Conditional Acceptance: The System elements or Milestones to be Conditionally Accepted must function in conformance with the Conditional Acceptance Standards and without any Material Defect or Material Failure for a period of ninety (90) consecutive calendar days, commencing on the day following the first successful completion of the Conditional Acceptance Test. In the event any System element or work comprising a Milestone suffers any Material Defect or Material Failure prior to the expiration of such period (the “Reliability Period”), Contractor shall remedy such Material Defect, and a new ninety (90) consecutive calendar day Reliability Period (the “Second Reliability Period”) shall begin on the day that Contractor notifies WP that the remedy has been completed. In the event System element or work comprising a Milestone does not successfully complete the Second Reliability Period without any Material Defect, WP may, at its sole discretion, proceed in accordance with Section ___ and exercise any remedy provided therein. For purposes of this Section ____ and notwithstanding any other definition of Material Failure elsewhere, the following conditions shall also be deemed to be Material Failures sufficient to trigger the foregoing requirements and remedies: (b) For Final Acceptance: It shall be a condition of Final Acceptance that the completed and fully integrated System function in conformance with the Final Acceptance Standards and without any Material Defect for a period of on hundred and eighty (180) consecutive calendar days, commencing on the day following the first successful completion of the Final Acceptance Test. In the event the System suffers any Material Defect or Material Failure prior to the expiration of such period (the ”Reliability Period”), Contractor shall remedy such Material Defect Failure, and a new one hundred and eighty (180) consecutive calendar day Reliability Period (the “Second Reliability Period”) shall begin on the day that Contractor notifies WP that the remedy has been completed. In the event the System does not successfully complete the Second Reliability Period without any Material Defect, WP may, at its sole discretion, terminate the Contract for default and exercise any one or more of the remedies provided to WP in Section ____ (Termination). Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 47 of 50 4.9 Audit From time to time during the Initial Term and any Additional Term(s) of the Contract, and for a period of five (5) years after termination of the Contract, WP may audit Contractor’s performance under the Contract. If so requested, Contractor shall submit to WP all vouchers or invoices presented for payment pursuant to the Contract, all cancelled checks, work papers, books, records and accounts upon which the vouchers or invoices are based, and any and all documentation and justification in support of expenditures or fees incurred pursuant to the Contract. All such vouchers or invoices, work papers, books, records, accounts, cancelled checks, documentation and justification shall be subject to periodic review and audit by WP. 4.10 Termination for Convenience WP shall have the right to terminate this Contract at any time during the term of the Contract, for any reason, including, without limitation, its own convenience. If the Contract is terminated solely for WP’s convenience, WP shall issue a written Termination Notice, which shall set forth the effective date of the termination. 4.11 Termination for Default If Contractor commits or permits an event of default, as set forth in this Section ___, WP shall so notify Contractor in writing, specifying in reasonable detail the nature of the default. Contractor shall have ____hours from receipt of that notice to correct the default. If the default is not cured within that time period, WP may terminate the Contract by providing Contractor with written notice of termination for default. The following shall constitute events of default on the part of Contractor: (a) Contractor’s failure to comply with any provision, term, or condition of this Contract. (b) the appointment of a receiver, trustee or custodian to take possession of all or substantially all the assets of Contractor for the benefit of creditors, or any action taken or suffered by Contractor under any federal or state insolvency, bankruptcy, reorganization, moratorium or other debtor relief act or statute; (c) falseness of any warranty or representation of Contractor contained in any of the Contract Documents; (d) misappropriation by Contractor of any funds provided under the Contract or failure by Contractor to notify WP upon discovery of any misappropriation; (e) a violation of law which results in a guilty plea, a plea of nolo contendere, or conviction of a criminal offense by Contractor, its directors, employees, or agents (1) directly or indirectly relating to the Contract or the Work required under the Contract, whether or not such offense is ultimately adjudged to have occurred or (2) which adversely affects the performance of the Contract; and/or (f) indictment of or issuance of charges against Contractor, its directors, employees or agents for any criminal offense or any other violation of law directly relating to the Contract or the Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 48 of 50 Work required under the Contract or which adversely affects the performance of the Contract, whether or not such offense or violation is ultimately adjudged to have occurred. 4.12 Non-Discrimination In performing the Contract, Contractor shall not discriminate or permit discrimination against any person because of race, color, religion, national origin, gender, or sexual orientation, and shall not discriminate or permit discrimination against any person who has AIDS or is HIVpositive. In the event of such discrimination, WP may, in addition to any other rights or remedies available under the Contract, at law or in equity, terminate the Contract forthwith. Contractor agrees, in performing this Contract, to comply with the provisions of the Fair Practices Ordinance of The Philadelphia Code (Chapter 9-1100) . Contractor agrees to cooperate with the Commission on Human Relations of the City of Philadelphia in any manner, which the Commission deems reasonable and necessary for the Commission to carry out its responsibilities under Chapter 17-400 of The Philadelphia Code. Failure to so cooperate shall constitute a substantial breach of the Contract entitling WP to all rights and remedies provided herein or otherwise available at law or equity. 4.13 Unavailability of Funds If funding for the Contract from any source is not obtained and continued at an aggregate level sufficient to allow for payment for the Services and Deliverables under the Contract, WP may exercise one of the following options without liability or penalty to WP: (a) Terminate the Contract effective upon a date specified in a Termination Notice; or (b) Continue the Contract by reducing, through written notice to Contractor, the amount of the Contract and Services and Deliverables, consistent with the nature, amount, and circumstances of available funding. (c) WP's exercise of either option under this Section shall not affect any obligations or liabilities of either party accruing prior to such termination or reduction of Services or Deliverables. Contractor shall be compensated in accordance with the terms of the Contract for Services and Deliverables, satisfactorily performed and delivered prior to such termination under this Section. Commodities or services on the contract resulting from this RFP to be ordered after the end of the current fiscal year are subject to the issuance of purchase orders for the following fiscal years. WP is not liable for the portion of the award involving following fiscal year's funds until such orders are issued. The Vendor's obligation to deliver on such purchase orders shall not take effect until the orders are issued. Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 49 of 50 4.14 Ethics Requirements Contractor is subject to the ethics policies of WP. 4.15 Tax Requirements Contractor is subject to Philadelphia’s business tax and Ordinances and regulations. The successful Respondent, if not already paying the aforesaid taxes, is required to apply to the Department of Revenue, 1401 John F. Kennedy Blvd., Public Service Concourse, Municipal Services Building, Philadelphia, PA 19102, for a tax identification number and to file appropriate business tax returns as provided by law. Questions should be directed to the City of Philadelphia Department of Revenue, Business Earnings Unit at (215) 686-6600. 4.16 Prevailing Wages Contracts resulting from this RFP shall require the payment of prevailing wages. Accordingly, employees of contractors performing work that would be subject to Section 17-107 of the Philadelphia Code, if performed for the City of Philadelphia, shall be paid at least the applicable prevailing wages for the respective occupational classifications designated in Section 17-107, in accordance with its requirements. 4.17 Assignment The contract will provide that neither the contract resulting from this RFP, any right to payment under the contract, or any other interest in or obligation to perform the contract may be assigned by contractor to another party without the written approval and consent of WP. 4.18 Retainage WP shall retain twenty (20) percent of each Milestone Payment set forth in the Milestone Payment Schedule unless and until the System is finally accepted by WP following the successful completion of all acceptance tests required by WP. The retained amounts shall be payable to Contractor sixty (60) days following such final acceptance of the System by WP. 4.19 Non-Disclosure of Wireless Philadelphia Data The contract will provide that contractor maintain in confidentiality WP information, records, and data that are delivered to it by WP for performance of the contract or that otherwise come into its possession in the course of performance, and to return to WP or destroy such information, records, and data following completion of its work under the contract. Wireless Philadelphia Request for Proposals for Citywide Wireless Network Page 50 of 50 APPENDIX A Wireless Philadelphia Request for Proposals for Citywide Wireless Network APPENDIX B IMPLEMENTATION PLAN, STATEMENT OF WORK, PROJECT SCHEDULE, AND MILESTONE PAYMENT SCHEDULE WP anticipates that the entire System will be operational approximately one (1) year from commencement of its construction. Respondents are to provide a detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, principal schedule milestones, and overall time of completion. The level of detail in the project schedule should indicate these tasks, deliverables and milestones at a “week level” throughout the project timeline. Respondents are to provide a milestone payment schedule setting forth the frequency and amount of progress payments, and identifying the tasks and deliverables (“milestones”) to be completed for each payment. Wireless Philadelphia Request for Proposals for Citywide Wireless Network APPENDIX C COST PROPOSAL REQUIREMENTS Cost Element Network Infrastructure Procurement Architecture & Design Services Installation Services Telecommunications Provisioning & Services Network Monitoring & Management Services Network Maintenance & Upgrade Services Operations Support Systems (OSS) Services Billing & Settlement Services Network Middleware Services Customer Support Services Software Hosting Services Program & Project Management Services Warranty Services Total Y1 Y2 Y3 Y4 Y5 Y6 Y7 Total Wireless Philadelphia Request for Proposals for Citywide Wireless Network APPENDIX D Wireless Philadelphia Request for Proposals for Citywide Wireless Network APPENDIX E TRAINING REQUIREMENTS Proposals must provide for a minimum of two (2) weeks of informal training on the design and operation of the overall System for a minimum of four (4) WP-designated persons prior to the commercial activation of the network. In addition, Proposals must provide for a minimum of one (1) week of updated informal training on the design and operation of the overall System for a minimum of four (4)WP-designated persons on an annual basis during the contract term. Proposals must set forth in detail any limitations with respect to the persons who may train on any equipment or software furnished by the successful Respondent, together with available training sources other than Contractor, if such services are otherwise available. If, for any equipment or software, such training is generally available without certification or if more than 20 vendors are certified to provide such training, a statement providing such information shall be sufficient for compliance with this requirement as to the specific equipment or software covered. Proposals must provide per course costs for additional training from Contractor for both the initial contract year and for the six successive contract years. Wireless Philadelphia Request for Proposals for Citywide Wireless Network