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1 CITY OF ALBANY REQUEST FOR PROPOSALS FOR THE PROVISION OF A CITY OF ALBANY BROADBAND ASSESSMENT & FEASIBILITY STUDY Proposal Number 2015-08 July 2, 2015 A. Overview The City of Albany, NY (“City”) is requesting proposals (RFP’s) from qualified professional consulting firms to conduct a comprehensive broadband assessment and feasibility study (“Study”). The Study will include mapping broadband service(s) and uptake in The City to identify and evaluate service and/or adoption gaps; develop sustainable strategy(s) to promote comprehensive broadband access and utility; i.e. education, infrastructure, interfaces, etc.; and as applicable, a business case and deployment plan for the City to provide broadband services to the community including identification of potential areas for partnership between the City and incumbent ISPs. The Study should provide a reasonable assessment of the opportunities for the City, the most viable business, sustainable financial and operational models including one-time and recurring third-party funding sources Rate, NYS Broadband Grant, URI, etc.), and the deployment plan that will enable the City to take advantage of these opportunities in conjunction with broadband‐friendly public policy development; ideally proposed strategies can be replicated in other municipalities. The successful bidder will demonstrate their ability to conduct thorough research such as public surveys, market analysis, business plan development, regulatory understanding, network design, and operational best practice scenarios. City of Albany Community Background The City of Albany, located on the banks of the Hudson River in the heart of the Capital District, is proud to be New York State’s Capital City. Albany is a beautiful destination, offering valuable resources for higher education and sustainable living, vibrant and active urban centers and desirable neighborhoods. The City’s deep-rooted history and heritage have shaped the City's urban footprint, complementing its natural setting along the waterfront and its reflection of historic architecture, major institutions, mixed neighborhoods and diversity of residents. As the hub of New York’s Tech Valley, Albany, NY is home to the College of Nanoscale Science and Engineering (CNSE) of the University at Albany, which has been ranked the world’s number one college for nanotechnology and microtechnology. It is also home to 25 semiconductor firms and over 2,500 researchers and is proving to be a driving force on our local landscape and economy. When combined with investment and talent from internationally recognized engineering university Rensselaer Polytechnic Institute (RPI), billions of dollars of investment from companies like ---PAGE BREAK--- 2 General Electric and IBM, Albany and Tech Valley are international leaders in the nanotechnology and semiconductor industries. As of the 2010 census, there were 97,856 people residing in the city. The population of the metro area in 2009 was estimated to be 857,592. The population density in 2010 was 4,572.7 per square mile (1,779.2/km²). There were 46,362 housing units at an average density of 2,166.4 per square mile (842.9/km²); B. RECEIPT OF PROPOSALS: Five copies of the proposal must be received no later than Friday, August 7th , 2015 at 1:00 p.m. at the following address: Patrick K. Jordan, Esq. Deputy Corporation Counsel City Hall, Room 106 Albany, New York 12207 The five copies of the proposal must be submitted in a sealed envelope, the outside of which must be marked as follows: “Proposal Enclosed – Broadband Assessment and Feasibility Study” The proposal submitted is the document upon which the City of Albany will make its initial judgment regarding each proposer’s qualifications and wherewithal to complete the required services. Those submitting proposals do so entirely at their own expense. There is no express or implied obligation by the City to reimburse any firm or individual for any costs incurred in preparing or submitting proposals, preparing or submitting additional information requested by the City, or participating in selection interviews, if any. Submission of any proposal indicates an acceptance of the conditions contained in this Request for Proposals unless the submitted proposal clearly and specifically states otherwise. The City of Albany reserves the right to accept or reject any and all proposals in whole or in part, to waive any and all informalities, and to disregard all non-conforming, non-responsive or conditional proposals. The City of Albany reserves the right to award the contract, in whole or in part, to one or more firms and individuals. Any award of the study shall be conditioned on the later execution of a formal written agreement. The City of Albany reserves the right to revoke or rescind any award at any time prior to the full execution of said agreement. A sample City of Albany Professional Services Agreement is available upon request from the person described in paragraph B of this Request for Proposals. Proposals received subsequent to the time and date specified above will not be considered. Please note the following as part of the submittal process: ---PAGE BREAK--- 3 Submission of the proposal by the Vendor(s) constitutes acceptance by the Vendor(s) of terms, conditions, and requirements set forth herein. Any exceptions to the specifications established herein shall be listed in detail on a separate sheet and attached hereto. Exceptions to the RFP will not automatically eliminate the proposal. Proposals not conforming to the instructions provided herein will be subject to disqualification at the sole option of the City. By submitting a proposal, the Vendor(s) will be providing a guarantee to the City that, if chosen, it will be able to provide the proposed services during the period of time discussed in the RFP. There is no expressed or implied obligation for the City to reimburse Vendor(s) for any expenses incurred in preparing proposals in response to this RFP or any expenses incurred by the Vendor(s) in providing a demonstration of its product in a place determined by the City. Any deviation from this requirement may result in your proposal being considered non- responsive, thus eliminating your company from further consideration. Interested parties assume all responsibility for sending and confirming receipt of proposals. We encourage you to submit proposals several days in advance and confirm that your document has been received. Late proposals will not be considered and will be returned unopened. RFP Amendments If it becomes evident that this RFP must be amended, the City will issue a formal written amendment and post to the City’s Website: http://www.albanyny.gov. It is the Vendor’s responsibility to ensure that this website is reviewed for RFP changes and questions/answers prior to the deadline for submission of the RFP. C. Scope of Work 1. Conduct Needs Assessment Gather, evaluate and analyze information on broadband uptake and broadband‐dependent needs from users (i.e. residents, businesses, library, public safety and educational institutions) such as affordability of services and as applicable, Internet-enabled devices, digital literacy levels, perceived value to users, etc. via industry‐ accepted evaluation methods. The needs assessment should include current and future needs of these users. Develop a communications and outreach strategy to engage stakeholders, disseminate information and provide opportunities for inclusion in the process. Bidder must clearly define their stakeholder evaluation process including their recommended participant level in order to reach statistically reliable results. 2. Establish Target Broadband Standard(s) Define, establish and justify reasonable standards (capacity, throughput, quality of service/reliability, etc.) for multiple applicable classes of broadband services and delivery methods including residential Internet, business Internet, enterprise data, etc. based on Needs Assessment. ---PAGE BREAK--- 4 3. Conduct Local Broadband and Telecommunications Market Assessment Identify existing broadband and telecommunication options and costs across the community, particularly those users identified in the Needs Assessment. Profile Albany and provide an assessment of the broadband\telecommunications environment detailing the types of services, pricing, availability and limitations and compare to Target Broadband Standards. Identify potential areas for partnership between the City and incumbent providers and provide assistance to the City in creating dialogue with these providers. 4. Evaluate the City’s Current Broadband Network Capabilities Perform a technical evaluation of the City’s existing fiber‐optic network resources (public & private) and its ability to expand to provide broadband services to users identified in the Needs Assessment. Reflect existing conduit, fiber‐optic, vaults, boxes and related outside plant infrastructure as well as capacity and usability. To the extent possible, compare the City’s existing fiber‐optic network with incumbent providers’ networks for possible synergies and/or gaps. 5. Implement a mapping Tool that Provides a GIS‐Based Analysis for the Project Build a comprehensive map in a GIS‐based tool that provides analysis of the City’s broadband environment, including current availability, penetration and usage of broadband services, service territories, backhaul routes, capacity, providers and other relevant information for the project. 6. Perform a Gap Analysis of the Current Broadband Environment Evaluate the current environment against the current and future needs of Albany, including all stakeholders defined in the project. The Gap Analysis should include an evaluation of key issues limiting broadband expansion, access, and/or uptake. 7. Assess New York’s Regulatory Environment Analyze and report on the New York State regulatory environment and the impact to the City in developing its network for potential broadband services. Consultant must have proven telecommunications regulatory experience working with communities on municipal broadband issues. Please state experience working with other communities or alternative satisfactory experience in the municipal regulatory environment. 8. Development of Market‐Driven Demand Planning Tools Develop a GIS‐based demand planning tool that identifies customer segments across the community and estimates demand for services. The tool(s) should identify physical locations of ---PAGE BREAK--- 5 all customers across multiple segments and identify the potential volume and demand that will be utilized to forecast the feasibility of building into different areas of the City. 9. Development of Sound Business Models Develop a market‐driven demand-planning tool (including physical location of users and their demand) and evaluate viable business models for the City to consider in expanding broadband opportunities either independently or through partnerships. Business models must be based on sound and reasonable business cases that can be demonstrated quantitatively through the development of a comprehensive financial model. Business models must also be tied back to market assessment data to determine uptake and other key metrics. Present the various business models to the project team and the potential benefits and risks of each to the City. Business models must also provide detailed operational analyses of what the City’s responsibilities will be regarding operations and maintenance of a network(s), Internet enabled devices, educational services, etc. The City is only interested in business models that are developed using reasonable or conservative assumptions and are prepared by organizations that have proven financial planning and operational experience for recommended models. 10. Recommendation on Broadband Strategy Based on consultant’s analysis in steps 1‐8 and feedback from the City, prepare a broadband strategy for the City that creates the greatest opportunity to meet current and long‐term community needs including, as applicable, a broadband network implementation solution. D. Proposer Requirements 1. Proposer must have experience conducting community broadband feasibility studies of similar size and scope to the City of Albany project. The proposer must demonstrate its capabilities providing these services to cities the size of Albany in population and its ability to work creatively with incumbent providers and other key stakeholders. 2. Proposer’s organization must have been in business providing community broadband planning services for a minimum of 4 years. 3. The City believes that direct industry experience is a fundamental requirement of the consultant to ensure business viability of the proposed strategies. Proposer must have direct past experience working within the telecommunications or broadband industry (carrier or Internet service provider) in a network planning, engineering and business development capacity. This experience must be documented specifically in the proposal. 4. Proposer must have direct and demonstrable regulatory experience working with New York State communities in regard to State statutes concerning municipal broadband providers, or satisfactorily demonstrate alternative results. ---PAGE BREAK--- 6 5. Proposer must have conducted broadband planning projects with municipalities and demonstrate this through its proposal. 6. Proposer must have implemented and/or operated community broadband networks and demonstrate such experience through its proposal, citing specific networks that are currently in operation. 7. Proposer must be able to demonstrate its ability to work quickly and thoroughly with adequate resources. The City feels time is of essence and an emphasis will be given to those who can complete this project on the shortest timeline. If Proposer intends to use any subcontractors, the response must demonstrate the applicable experience of subcontractor(s) per above. E. Bid Submittal Requirements 1. Each scope of work section (items 1‐9) should be listed and answered separately. 2. Estimated timeframe for each scope of work item shall be provided. 3. A separate bid (cost estimate) shall be provided for each scope of work item. 4. City reserves the right to remove any scope of work item. 5. Overall project timeline (Gantt chart) shall be provided showing overall project timeline. Emphasis will be given to those who can demonstrate timeliness. 6. Project team member’s biographies shall be provided. 7. References shall be provided of similar projects. F. TimeLine RFP Issued: July 2nd, 2015 RFP Responses Due: August 7th, 2015 The City reserves the right to make adjustments as needed to the above schedule. G. COST PROPOSAL Provide the proposed total not to exceed cost for providing all of the services set forth in paragraph C. Proposer shall also submit a schedule of hourly fees for all personnel assigned to this engagement and the amount of time anticipated to be expended by each person by task. Clearly set forth in detail any and all additional expenses for which you expect to be reimbursed. The proposal must provide a guarantee that no additional fees will be charged to the City of Albany without prior written consent by the City. ---PAGE BREAK--- 7 H. Insurance Requirements The selected proposer will be required to procure and maintain at its own expense the following insurance coverage: Workers' Compensation and Employer’s Liability Insurance: A policy or policies providing protection for employees in the event of job-related injuries. General Liability Insurance: A policy or policies of comprehensive general liability insurance with limits of not less than three million dollars ($3,000,000.00) per occurrence. Errors and Omissions Insurance: A policy or policies of errors and omissions insurance. Said insurance must be issued by an insurer licensed to do business in the State of New York and must have an A.M. Best rating of not less than Automobile Liability Insurance: A policy or policies with limits of not less than $1,000,000 for each accident because of bodily injury, sickness, or disease, including death at any time, resulting there from, sustained by any person caused by accident; and a policy or policies with limits of not less than $1,000,000 for damage because of injury to or destruction of property, including the loss of use thereof, caused by accident and arising out of the ownership, maintenance, or use of any automobiles. Professional Liability Insurance: A policy or policies with limits of not less than $1,000,000. Each policy of insurance required shall be in form and content satisfactory to the City of Albany, and shall provide that: The City of Albany is named as an additional insured on a primary and non-contributing basis. The insurance policies shall not be changed or cancelled until the expiration of thirty (30) days after written notice to the City of Albany. The insurance policies shall be automatically renewed upon expiration and continued in force unless the City of Albany is given sixty (60) days written notice to the contrary. No work shall commence under the contract until the selected proposer has delivered to the City of Albany or its designee proof of issuance of all policies of insurance required by the Contract to be procured by the selected proposer. If at any time, any of said policies shall be or become unsatisfactory to the City, the selected proposer shall obtain a new policy and submit proof of insurance of the same to the City for approval. Upon failure of the selected proposer to furnish, deliver, and maintain such insurance as above provided, the contract may, at the election of the City, be declared suspended, discontinued or terminated. Failure of the selected proposer to procure and maintain any required insurance shall not relieve the selected proposer from any liability under the contract, nor shall the insurance requirements be constructed to conflict with the obligations of the selected proposer concerning indemnification. I. ALTERNATIVES Proposals may include alternative matters or items not specified or requested in this RFP. However, all such alternative matters or items must be listed separately from the proposal and the cost(s) thereof must be separate and itemized. ---PAGE BREAK--- 8 J. INDEMNIFICATION The selected proposer will be required to defend, indemnify, and save harmless the City of Albany, its employees and agents, from and against all claims, damages, losses and expenses (including without limitations, reasonable attorney’s fees) arising out of, or in consequence of, any negligent or intentional act or omission of the selected proposer, its employees or agents, to the extent of its or their responsibility for such claims, damages, losses, and expenses. K. RFP CLARIFICATION All inquiries with respect to this Request for Proposals shall be directed to the following: Email: [EMAIL REDACTED] All questions about the meaning or intent of the specifications shall be submitted via email to the email address referenced above. Replies will be issued by addenda via e-mail to the party submitting the inquiry(ies) and all questions and answers will be posted on the City’s website at http://www.albanyny.org/home.aspx. Questions received less than four business days prior to the date of submission of proposals will not be answered. Only questions answered by formal written Addenda and posted on the City’s website will be binding. Oral or other interpretations or clarifications will be without legal effect. L. MODIFICATION AND WITHDRAWAL OF PROPOSALS Proposals may be modified or withdrawn by an appropriate document duly executed (in the manner that a proposal must be executed) and delivered to the place where proposals are to be submitted at any time prior to the opening of proposals. If within twenty-four (24) hours after the proposals are opened, any proposer files a duly signed written notice with the City and thereafter demonstrates to the reasonable satisfaction of the City that there was a material and substantial mistake in the preparation of its proposal, that proposer may withdraw its proposal. Thereafter, that proposer may be disqualified from further proposal on the work. M. NON-COLLUSIVE PROPOSAL CERTIFICATE & ACKNOWLEDGMENT Each proposer shall complete and submit with its, his, or her proposal the “Non-Collusive Proposal Certificate” and the “Acknowledgment” found on the two pages that follow this page. ---PAGE BREAK--- 9 NON-COLLUSIVE PROPOSAL CERTIFICATE PURSUANT TO NEW YORK STATE GENERAL MUNICIPAL LAW SECTION 103-D By submission of this proposal, each proposer and each person signing on behalf of any proposer certifies, and in the case of a joint proposal each party thereto, certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: The prices in the proposal have been arrived at independently, without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor; Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to the opening, directly or indirectly, to any other proposer or to any competitor; and No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition. (date) (signature) (printed name and title) (name of firm) ---PAGE BREAK--- 10 ACKNOWLEDGMENT BY PROPOSER If Individual or Individuals: STATE OF ) COUNTY OF ) SS.: On this day of 2015, before me personally appeared to me known and known to me to be the same person(s) described in and who executed the within instrument, and he/she/they severally acknowledged to me that he/she/they executed the same. Notary Public, State of Qualified in Commission Expires If Corporation: STATE OF ) COUNTY OF ) SS.: On this day of 2015, before me personally appeared to me known, who, being by me sworn, did say that he/she is the (give title) of the (name of corporation) the corporation described in and which executed the above instrument; that he/she knows the seal of the corporation, and that the seal affixed to the instrument is such corporate seal; that it was so affixed by order of the board of directors of the corporation, and that he/she signed his/her name thereto by like order. Notary Public, State of Qualified in Commission Expires If Partnership: STATE OF ) COUNTY OF ) SS.: On this day of 2015, before me personally came to me known to be the individual who executed the foregoing, and who, being duly sworn, did depose and say that he/she is a partner of the firm of and that he/she has the authority to sign the same, and acknowledged that he/she executed the same as the act and deed of said partnership. Notary Public, State of Qualified in Commission Expires