MC Broadband RFP_March 29 - final version.docx

Request for Proposals Broadband Feasibility Study Deadline for Responses: April 30, 2019

1) Overview of Project

Marathon County, Wisconsin is seeking proposals for qualified firms to prepare a Broadband Feasibility Study. The Feasibility Study will focus on creating a structured evaluation of the wide range of strategies available to the County for deployment of broadband service. The Feasibility Study will provide Marathon County with the information needed to analyze, select, and implement the best solutions to improve broadband across the entire County, establishing a network that is an asset for community and economic development.

2) General Community and Project Information

Marathon County is located in Central Wisconsin and is geographically the largest county in the State. In January 2018, the Wisconsin Department of Administration estimated the County population to be 135,922, with the majority of the population and commercial activities centered in the Greater Wausau Metro Area of the County, which includes the County’s most populous municipalities; the Cities of Wausau and Mosinee, Villages of Weston and Kronenwetter, and Town of Rib Mountain. The County is bisected by State Highway 29, which connects Green Bay to the Minneapolis-St. Paul area and I-39/USH 51, which connects the southern portions of the State to the northwoods of Wisconsin.

In 2012, Marathon County’s 10,129 companies employed 64,918 workers; major employers include Aspirus Wausau Hospital, Inc., Greenheck Fan Corporation, Kolbe and Kolbe Millwork, Liberty Mutual Insurance, United Healthcare Services, Foot Locker Corporate Services, Marathon Cheese Corporation, and Apogee Wausau Group.

Much of Marathon County is underserved in terms of access to broadband. The County is served with a combination of DSL, cable internet, fixed wireless service and satellite based internet service. Outside of the City of Wausau, there is minimal competition for high speed internet access and within served areas connection speeds are reported to not meet users’ needs. In 2009, Marathon County conducted a Broadband Gap Analysis which identified existing service areas and goals for broadband service. Although nearly a decade old, many of the goals of this plan remain pertinent today.

Objective 8.7 of the Marathon County Strategic Plan 2018-2022 is to, “Strive to provide affordable, reliable, high-speed internet access throughout the County.” Marathon County believes that a Broadband Feasibility Study is the first step in achieving this objective.

While protecting the best interest of the County and its residents, the long term County goal is to determine the best options available that advance a viable means to bring the highest quality broadband services to a County with limited resources and large geographic area. The final goal is to develop an excellent broadband infrastructure for Marathon County. The County acknowledges that broadband is a critical service for quality of life, as is the case with roads, water, sewer, and electricity. Every home, business, non-profit organization, government entity, and place of education should have the opportunity to connect affordably, easily, and securely. Marathon County should have broadband services that are shaped by the values of the citizens and businesses that take deep pride in our community.

Additionally, large areas of the County have poor cellular coverage. The Broadband Feasibility Study will identify these areas and provide options for efficiently locating cellular infrastructure, potentially in conjunction with broadband infrastructure.

3) Scope of Services

The project area for the Broadband Feasibility Study is the entirety of Marathon County. County Administration staff will be administering the project, serve as the local point of contact, as well as establishing all meeting dates and times, as needed. Consultant attendance will be necessary at select meetings of the Infrastructure and Extension, Education and Economic Development Committees and the County Board as related to key work effort presentations and to engage as necessary. The scope of services to be provided by the Consultant shall include, but not be limited to, the elements defined in this RFP. This is a guide to prospective Consultants and Consultant creativity and ideas on approaches for strengthening the planning process will be considered. The County expects a Broadband Feasibility Study tailored to meet the specific needs and unique characteristics of Marathon County.

Anticipated Project Tasks

a. Develop an understanding of previous broadband planning efforts in Marathon County, including the 2009 Broadband Gap Analysis, the work of the Connectivity Task Force in 2015, and the November 1, 2018 Focus Group Meeting. Materials related to the Broadband Gap Analysis and Connectivity Task Force are available at: http://www.co.marathon.wi.us/Departments/InformationTechnology/BroadbandGapAnalysis.aspx

b. Research and evaluate the current supply of broadband communications assets, products and services in the County through a range of efforts and methodologies identified by the successful firm. Develop a communication and outreach strategy to engage stakeholders, disseminate information, and provide opportunities for inclusion in the process.

c. Evaluate the current and future demand and market for broadband products and services in Marathon County by gathering input from:

· Public stakeholders (e.g. local and regional government agencies, educational institutions, federal agencies, etc.)

· Private stakeholders (e.g. local businesses, business organizations, healthcare providers, digital divide advocates, other interested consumers, residents, and interest groups)

· Broadband providers regarding the demand for, and adoption of, their products

d. Provide strategic guidance in the planning of a broadband connectivity project that can be implemented as cost-effectively and quickly as possible for the purpose of enabling economic development and citizen connectivity.

e. A completed engineering and feasibility report that provides multiple potential recommendations relative to mechanisms for high-speed internet service delivery (eg. FTTP, wireless, fiber/wireless hybrid, etc.) including suggested infrastructure and backhaul routes for each recommendation.

f. Assessment of potential construction and operational relationships with public, private, and membership owned companies in the service area and with publicly and privately funded networks as suitable for interconnection.

g. Provide an assessment of the telecommunications environment detailing the location of facilities, types of services, pricing, availability and limitations. Identify potential areas for partnership between the County and incumbent providers and, if possible, provide assistance to the County in creating a dialogue with these providers.

h. Identification of potential wired network routes and interconnected points as well as potential tower site recommendations to support and maximize coverage.

i. Update the 2009 Gap Analysis to reflect the current broadband environment and evaluate the current environment against existing and future needs of Marathon County, including all stakeholders defined in the project. Determine what economic and community impact broadband issues are having on Marathon County. This should include an updated evaluation of key issues limiting broadband expansion and a phased, prioritized approach to broadband expansion.

j. Identify potential funding sources and provide strong justification for funding to serve as the bases for a grant/loan application to support project implementation.

k. Evaluate and map current levels of cellular coverage within the County. Identify and prioritize ways to increase cellular coverage and quality throughout Marathon County.

4) Deliverables

Using the results of the anticipated project tasks, develop a comprehensive written report that presents alternative methodologies for deploying broadband services throughout Marathon County and addresses the engineering and business parameters of each alternative. The analysis must consider a wide continuum of business models and engineering options. It shall also highlight associated costs, alternative financing methods including other funding sources, as well as risk, timing and service quality considerations. The report must conclude the analysis by identifying a recommended strategy and associated action plan for its implementation.

The final written report shall include:

· County demographics

· Results from public participation efforts

· Incumbent providers, their location(s) and details on current service and technologies

· Industry findings

· Similar projects

· Potential project partners

· Legal and regulatory issues

· Preliminary design modeling to achieve connectivity and redundancy affordability

· Business and financial modeling in support of network build to include Fiber to the Home (FTTH), Fixed Wireless Broadband, or a Hybrid System

· Estimation of project cost and construction timeline

· Provide ESRI ArcGIS shapefiles or geodatabase created or utilized for the Project in the Marathon County Coordinate System

· Final list of recommendations and suggested implementation measures to be employed by Marathon County and its municipalities, together with a summary of data collected and relied upon for recommendation.

· Analysis of Cellular coverage within Marathon County, including a phased plan to improve coverage Countywide

5) Requirements of Submittals

A submitted proposal should include the following:

a. A cover letter and executive summary providing the highlights and basic information included in the proposal.

b. A description of your organization including general information about the firm and a description of the firm’s capabilities and experience with projects equal or greater in scope to the project outline in this RFP.

c. Describe your firm’s approach to the project, identifying concepts, techniques or tools that may be used to accomplish the tasks set forth in this RFP, as well as any potentially beneficial services beyond those required in this document.

d. A detailed work program designed to innovatively and efficiently meet the Scope of Services. This should include descriptions of quality control procedures used and any sub-consultants or associations with other firms that will be used and their respective responsibilities.

e. Provide a detailed project time schedule with the date initiating work, a detailed estimate of hourly work by project task, including who will be performing which tasks and a project completion date.

f. Provide an itemized flat fee cost summary to undertake each task outlined in the Deliverables. The cost estimate should include labor costs, overhead, profit and other direct expenses such as transportation, housing and printing. A breakdown of labor costs, including position, hours, hourly rates of pay, and cost should also be provided. The core project will be a lump sum contract.

g. Provide a description of the firm’s experience on similar projects including samples of comparable work and resumes of all staff that would be assigned to complete the tasks related to this RFP. If you intend to utilize any subcontractors this information will also need to be provided for them.

h. Provide a statement that the consultants have no conflict of interest with past, present, or known future policies, plans, or programs of the County.

6) RFP Questions

All questions pertaining to this RFP must be submitted in writing or emailed to the contact listed below. All RFP question responses will be posted to the Marathon County webpage by 4:00 p.m., April 26, 2019 or emailed upon request.

7) Contacts

All requests for further information should be directed as follows:

Marathon County Deputy Administrator lance.leonhard@co.marathon.wi.us 715-261-1400 500 Forest Street Wausau, WI 54403

8) Project Timeline

The following table identifies the relative timelines for the project schedule. The County reserves the right to modify the preliminary selection process calendar.

May 24, 2019

9) Proposal Review

The Selection Committee will be organized by the Marathon County Administrator’s Office. The Committee will review all proposals received. Depending upon the response to the RFP, the committee short list of three to five firms that demonstrate substantial qualifications and experience. These firms will then be scheduled for interviews.

10) Interview

Firms submitting proposals for this project may be scheduled for interviews during the week of May 20, 2019. The interview will enable your firm to present your proposal and approach to the project.

· The Project Manager is expected to take an active part in making the presentation at the firm’s interview. The Project Manager is defined as a person having day to day responsibility to conduct the project work or to very closely supervise the work of others working on the project. Your firm may include other key people you feel aid in the interview process.

· The interview will last approximately one hour. Your presentation should be limited to 30-40 minutes to allow the remaining time to be used for follow up discussion and questions.

11) Selection Criteria

Marathon County will use the following criteria to evaluate the RFP proposals. This is not a comprehensive list, nor does the arrangement imply order of importance:

· Compliance with RFP Instructions: The proposal will be evaluated for compliance with the instructions set forth in the RFP. Non-compliance may be grounds for disqualification.

· Technical Expertise: The proposal will be evaluated on the Respondent's demonstrated technical ability.

· Staff Qualifications: The proposal will be evaluated on the basis of the Respondent's demonstrated staff qualifications.

· Similar Project Experience: The proposal will be evaluated on the basis of similar project experience. Technical nature, complexity, size, and time frame will be considered.

· Delivery Schedule: The proposal will be evaluated on the basis of the Respondent’s apparent ability to deliver the proposed products and services to Marathon County in a timely manner. The Respondent’s production capacity will also be evaluated.

· Costs: The proposal will be evaluated on the basis of costs relative to the most responsive, responsible proposal.

12) Proposal Selection and Awards Process

The Marathon County Administrator will use standardized evaluation criteria to score the RFP responses. Once each team member’s scores have been completed, a cumulative score will be compiled and the highest scoring firm will be identified and negotiation of a contract will be pursued. If minimum acceptable requirements are not met, the proposal will be rejected. In the event that all firms do not meet one or more of the mandatory requirements, Marathon County reserves the right to continue the evaluation of the proposals and to select one that most closely meets the requirements of this RFP. The County reserves the right to reject any and all proposals and to negotiate the terms of the contract, including the award amount, with the selected contractor prior to entering into a contract. If contract negotiations cannot be concluded successfully with the highest scoring proposer, the County may negotiate a contract with the next highest scoring proposer.

13) County Reservation

Marathon County openly solicits the best possible value on all of our Requests for Proposals. Marathon County reserves the right to accept or reject any or all proposals in whole or in part, and to negotiate the terms of a proposal with a proposer as deemed in the best interest of the County.

a. This proposal request does not commit Marathon County to make an award or to pay costs incurred in the preparation of a proposal in response to this request.

b. The proposals will become part of Marathon County’s files without any obligation on Marathon County’s part.

c. The proposers shall not offer any gratuities, favors, or anything of monetary value to any official or employees of Marathon County for any purpose.

d. Marathon County has the sole discretion and reserves the right to cancel this proposal and to reject any and all proposals received prior to award, to waive any or all informalities and/or irregularities, or to readvertise with either an identical or revised specification.

e. Marathon County reserves the right to request clarifications of any proposal.

f. Marathon County reserves the right to amend the project scope and/or the number of Section Corners to be captured dependent upon costs.

14) Closing Date

The County of Marathon, Wisconsin will receive three (3) copies of the proposal sealed, with the project title, and name and address of the proposer visible up to 3:00 p.m., April 30, 2019. Proposals must be hand delivered or mailed to the Marathon County Administration Department. If mailed to the office the proposal must be in the office by 3:00 p.m., April 30, 2019. Facsimile or E-mail of proposals are not acceptable means of delivery.

Location of Office:

500 Forest Street Marathon County Wausau WI, 54403

Mailing Address:

500 Forest Street Marathon County Wausau, WI 54403

15) Contract Term

The project completion date is 12:00 p.m. December 20, 2019.

16) Incurring Costs

Marathon County is not liable for any costs incurred by proposers in replying to this request for proposal.

MARATHON COUNTY PROCUREMENT POLICY

All aspects of this Request for Proposals will be in accordance with the Marathon County Procurement Policy, Sections 3.01 through 3.16 of the General Code of the County of Marathon. A copy of the Procurement policy is available at the office of the Marathon County Clerk, Marathon County Courthouse, 500 Forest Street, Wausau, Wisconsin 54403. The following are excerpts from the Marathon County Procurement Policy:

PUBLIC ANNOUNCEMENT AND SELECTION PROCESS

It is the policy of Marathon County to publicly announce all requirements for construction and land surveying services and to negotiate such contracts on the basis of demonstrated competence and qualifications and past performance with existing contracts as determined in prequalifying procedures. In the procurement of construction and land surveying services, Marathon County shall request firms to submit a statement of qualifications and performance data. All information submitted in response to the Request for Proposals shall constitute a Public Record upon award of this contract.

TERMINATION OF CONTRACT

The County may, for its convenience, terminate this contract at any time by a notice in writing from the County to Contractor by certified mail. If the Contract is terminated by the County as provided herein, Contractor shall be paid an amount which bears the same ratio to the total compensation as the services actually performed bear to the total services of Contractor covered by this Contract, unless payments of compensation have previously been made.

CHANGE ORDERS

The scope of the services to be performed under this Contract may be amended or supplemented by mutual written agreement between the parties to the Contract. This amendatory provision shall not operate to prevent the County from exercising its reserved right to establish reasonable time schedules of and for any of the work or services to be performed by Contractor hereunder, nor to cancel any of the services not performed at the time notice is given to Contractor of the cancellation of such services or portion of the work to be performed hereunder.

GRATUITIES AND KICKBACKS

It shall be unethical for any person to offer, give, or agree to give any elected official, employee or former employee, or for any elected official, employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer for employment in connection with any decision, approval, disapproval, recommendation, preparation or any part of a program requirement or a purchase request, influencing the contents of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceedings or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefore. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or a higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract, or order.

NON-APPROPRIATION OF FUNDS

Notwithstanding anything contained in this contract to the contrary, no Event of Default shall be deemed to have occurred under this contract if adequate funds are not appropriated during a subsequent fiscal period during the term of this contract so as to enable the County to meet its obligations hereunder, and at least thirty (30) days written notice of the non-appropriation is given to Contractor.

HOLD HARMLESS

Contractor hereby agrees to release, indemnify, defend, and hold harmless Marathon County, their officials, officers, employees and agents from and against all judgments, damages, penalties, losses, costs, claims, expenses, suits, demands, debts, actions and/or causes of action of any type or nature whatsoever, including actual and reasonable attorney's fees, which may be sustained or to which they may be exposed, directly or indirectly, by reason of personal injury, death, property damage, or other liability, alleged or proven, resulting from or arising out of the performance of contractor, its officers, officials, employees, agent or assigns. Marathon County does not waive, and specifically reserves its right to assert any and all affirmative defenses and limitations of liability as specifically set forth in Wisconsin Statutes, Chapter 893 and related statutes.

AMERICANS WITH DISABILITIES ACT COMPLIANCE

In connection with the performance of work under this contract, Contractor agrees that no qualified individual with a disability, as defined by the Americans with Disabilities Act, shall, by reason of such disability, be excluded from participation and the benefits of services, programs, or activities, including employment, or be subjected to discrimination. Contractor is specifically notified that it is subject to all employment requirements listed under Title I of the Americans with Disabilities Act by virtue of its contract with Marathon County, a public entity. Contractor is specifically notified that it is subject to federal requirements to assure participation and access to public facilities, programs, and activities under Title II of the Americans with Disabilities Act by virtue of its contract with Marathon County, a public entity. These requirements mandate separate or special programs or reasonable modification of existing programs, services, and activities without surcharge to disabled individuals as long as safety is not compromised. Contractor shall provide a similar notice to all its subcontractors.

INSURANCE REQUIREMENTS

Contractor shall not commence work under this contract until all insurance required under this paragraph is obtained, and such insurance has been approved by the County, nor shall Contractor allow any subcontractor to commence work on their subcontract until all similar insurance requirements have been obtained and approved.

a. Worker's Compensation Insurance. Contractor shall obtain and maintain throughout the duration of this contract statutory Worker's Compensation insurance for all of its employees employed at the site or while working on this project. In case any work is sublet, Contractor shall require the subcontractor similarly to provide statutory Workers' Compensation Insurance for all of the latter's employees, unless such employees are covered by the protection afforded by Contractor.

b. General Liability, Professional Liability, and Property Damage Insurance. Contractor shall secure and maintain in force throughout the duration of this contract such General Liability, Professional Liability and Property Damage Insurance as shall protect him/her and any subcontractor performing work covered by this contract from claims for damages for personal injuries including accidental death, as well as from claims for property damage, which may arise from operations under this contract, whether such operations be by Contractor, or by any subcontractor or by anyone directly or indirectly employed by either of them; and the amount of such insurance shall be as follows:

· Comprehensive General Liability $1,000,000 per occurrence and in aggregate for bodily injury and Property Damage.

· Professional Liability Coverage, $1,000,000 per occurrence and in aggregate.

· Automobile Liability $1,000,000 per occurrence and in aggregate for bodily injury and property damage.

· Excess Liability Coverage, $1,000,000 over the General Liability and Automobile Liability Coverages.

· If aircraft are used in conjunction with this project, $2,000,000 per occurrence and in aggregate for bodily injury and property damage.

PROOF OF INSURANCE

Contractor shall furnish the County with a Certificate of Insurance countersigned by a Wisconsin Resident Agent or Authorized Representative of the insurer indicating that Contractor meets the insurance requirements identified above. The Certificates of Insurance shall include a provision prohibiting cancellation of said policies except upon 30 days prior written notice to the County and specify the name of the contract or project covered. The Certificate of Insurance shall be delivered to the Owner, with a copy of the Certificate of Insurance to be delivered to the Risk Management Division for approval prior to the execution of this contract. Upon renewal of the required insurance and annually thereafter, the County shall receive a new Certificate of Insurance for three years after completion of the project. The Certificates shall describe the contract by name and or identification number in the "Description of Operations" section of the form.

DISPUTE RESOLUTION

If a dispute related to this agreement arises, all parties shall attempt to resolve the dispute through direct discussions and negotiations. If the dispute cannot be resolved by the parties, and if all parties agree, it may be submitted to either mediation or arbitration. If the matter is arbitrated, the procedures of Chapter 788 of the Wisconsin Statutes or any successor statute shall be followed. If the parties cannot agree to either mediation or arbitration, any party may commence an action in any court of competent jurisdiction. If a lawsuit is commenced, the parties agree that the dispute shall be submitted to alternate dispute resolution pursuant to §802.12, Wis. Stats., or any successor statute. Unless otherwise provided in this contract, the parties shall continue to perform according to the terms and conditions of the contract during the pendency of any litigation or other dispute resolution proceeding. The parties further agree that all parties necessary to the resolution of a dispute (as the concept of necessary parties is contained in Chapter 803, Wisconsin Statutes, or its successor chapter) shall be joined in the same litigation or other dispute resolution proceeding. This language relating to dispute resolution shall be included in all contracts pertaining to this project so as to provide for expedient dispute resolution.

NON-DEBARMENT CLAUSE

Contractor hereby certifies that neither it nor any of its principal officers or officials has ever been suspended or debarred, for any reason whatsoever, from doing business or entering into contractual relationships with any governmental entity. Contractor further agrees and certifies that this clause shall be included in any subcontract of this contract.

STATEMENT OF COMPLIANCE

Vendor has carefully reviewed Marathon County's required contract language, as set forth in the Request for Proposal/Bid pertaining to termination of contract, change orders, gratuities and kickbacks, non-appropriation of funds, hold harmless/indemnification, ADA compliance, insurance requirements/proof of insurance, dispute resolutions, and non-debarment, and is in full compliance with all statements and requirements. This contract language is incorporated herein by specific reference as if set forth in full. Any statements set forth in this contract document that conflict with Marathon County's contract language are superseded by Marathon County's required contract language.

NOTICE REGARDING WISCONSIN PUBLIC RECORDS LAW

Notice Regarding Wisconsin Public Records Law: Contractor understands and agrees that Marathon County is a political subdivision of the State of Wisconsin. As such, Marathon County is subject to the Wisconsin "Public Records Law." Contractor agrees to clearly identify any confidential or proprietary information it does not wish disclosed by Marathon County pursuant to public records requests at all times during the course of this Agreement, or thereafter. In the event Marathon County becomes involved in litigation due to a refusal to release information identified as confidential or proprietary by Contractor, Contractor agrees to indemnify, defend and hold harmless Marathon County for any costs associated with said litigation.

INDEPENDENT CONTRACTOR STATUS

The relationship of the Contractor to Marathon County shall be that of an independent contractor and the Contractor shall not be entitled to any of the rights, benefits, salaries, wages or fringe benefits which employees of Marathon County are eligible to receive. Nothing in this agreement shall be construed so as to deem the Contractor, its employees or agents; 1) as employees of Marathon County; 2) as carrying out the functions of Marathon County; or 3) as effectively acting as or in place of Marathon County. The Contractor has no authority to incur any obligation for or on behalf of Marathon County. No federal, state, or local taxes or social security deductions or contributions shall be made by Marathon County on behalf of the Contractor.

Marathon County Broadband Feasibility Study RFP