347 Madison Avenue New York. NY 10017·3739 212878·7000 Tel 8 Metropolitan Transportation Authority State of New York March 12,2010 Dear Prospective Proposer: The Metropolitan Transportation Authority, on behalf of the Long Island Rail Road Company, and Metro-North Commuter Railroad Company, invites all qualified firms to submit Proposals for Provision of Wireless Broadband Services in Long Island Rail Road and Metro-North Railroad Trains and Stations. Enclosed is the entire Request for Proposals ("RFP") package. Please read the instructions carefully. All responses to the RFP are due no later than l\I1ay 17, 2010. If you are interested in responding to this RFP, please complete and return the enclosed questionnaire (pink sheet) at your earliest convenience. Thank you for your interest in the MTA. Real Estate Department The agencies of the MTA MTA New York City Transit MTA Long Island Bus MTA Bridges and Tunnels MTA Bus Company MTA Long Island Rail Road MTA Metro-North Railroad MTA Capital Construction
347 Madison Avenue New York. NY 10017·3739 212878·7000 Tel
8
Metropolitan Transportation Authority State of New York
March 12,2010
Dear Prospective Proposer: The Metropolitan Transportation Authority, on behalf of the Long Island Rail Road Company, and Metro-North Commuter Railroad Company, invites all qualified firms to submit Proposals for Provision of Wireless Broadband Services in Long Island Rail Road and Metro-North Railroad Trains and Stations. Enclosed is the entire Request for Propo
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347 Madison Avenue New York. NY 10017·3739 212878·7000 Tel
8 Metropolitan Transportation Authority State of New York
March 12,2010
Dear Prospective Proposer:
The Metropolitan Transportation Authority, on behalf of the Long Island Rail Road Company, and Metro-North Commuter Railroad Company, invites all qualified firms to submit Proposals for Provision of Wireless Broadband Services in Long Island Rail Road and Metro-North Railroad Trains and Stations. Enclosed is the entire Request for Proposals ("RFP") package. Please read the instructions carefully.
All responses to the RFP are due no later than l\I1ay 17, 2010.
If you are interested in responding to this RFP, please complete and return the enclosed questionnaire (pink sheet) at your earliest convenience.
Thank you for your interest in the MTA.
Real Estate Department
The agencies of the MTA
MTA New York City Transit MTA Long Island Bus MTA Bridges and Tunnels MTA Bus Company MTA Long Island Rail Road MTA Metro-North Railroad MTA Capital Construction
DMetropolitan Transportation Authority
Request for Proposals (RFP)
For Provision of Wireless Broadband Services in Long Island Rail Road
and Metro-North Commuter Railroad
Trains and Stations
Issued: March 12, 2010
EXCEPT AS EXPRESSLY AUTHORIZED BY THE PROJECT MANAGER (see p. 2) OR AS OTHERWISE EXPRESSLY AUTHORIZED BY NEW YORK STATE FINANCE LAW §§ 139-J AND 139-K, DURING THE "RESTRICTED
PERIOD" OF THIS SOLICITATION, NEITHER PROPOSERS, NOR ANY EMPLOYEE, AGENT OR CONSULTANT OR PERSON ACTING ON BEHALF OF PROPOSERS, MAY "CONTACT" BOARD MEMBERS,
OFFICIALS, EMPLOYEES (OTHER THAN THE PROJECT MANAGER AND ANY OTHER PERSONS EXPRESSLY DECLARED BY MTA TO BE
DESIGNATED POINTS OF CONTACT FOR THIS RFP) OR CONSULTANTS OF MTA OR ANY OF ITS AFFILIATES~OR SUBSIDIARIES, THE STATE OF
NEW YORK OR ANY OTHER GOVERNMENTAL ENTITY REGARDING THIS RFP AND RELATED MATTERS. FAILURE TO OBSERVE THIS
REQUIREMENT MAY RESULT IN THE PROPOSER'S DISQUALIFICATION FROM CONSIDERATION PURSUANT TO THIS RFP. THE TERMS
"CONTACT" AND "RESTRICTED PERIOD" ARE DEFINED IN NEW YORK STATE FINANCE LAW §§ 139-J AND 139-K AND THOSE "CONTACTS"
THAT ARE CONSIDERED TO BE IMPERMISSIBLE ARE DESCRIBED THEREIN.
The Basics of this RFP
Pursuant to this Request for Proposals ("RFP"), Metropolitan Transportation Authority ("MTA "), together with the Long Island Rail Road ("LlRR") and MetroNorth Commuter Railroad ("Metro-North") and together with LlRR, the "Railroads"), are soliciting proposals from private entities for a license to provide on-train and/or station WiFi services for the Railroads' customers.
Key Business Objective
The Railroads' key business objective for a WiFi network is to improve passenger satisfaction. Our current thinking is that the WiFi service should be marketed as a product of the service provider, not as a Railroad-provided service. We believe that having WiFi service available to our customers would be beneficial and that we should facilitate that result if a private company is prepared to make the required investment in a manner that we determine to be appropriate.
Support of Other Business Objectives Will be Considered Favorably
The Railroads will look favorably on proposals that also:
• provide the Railroads with a wireless communications resource that could be used by the Railroads for Railroad operational purposes and/or in support . of revenue-generating activities such as digital advertising initiatives; and
• have a likelihood of providing the Railroads with license fee revenues from the service provider and/or a share in user-generated revenues.
The Railroads Will Incur No Costs
Given the current fiscal environment, MTA has determined that it is not appropriate to spend any MTAor Railroad dollars on such an undertaking.
Threshold Conditions
Proposals must meet all of the following conditions:
1. All the successful proposer{s) must accept sole responsibility for all costs of the initiative, including but not limited to all flagging, labor and other force account costs incurred by the Railroads in supporting the initiative.
2. The successful proposer{s) must commit to complete the proposed installation within a specified time frame and must provide substantial financial security guaranteeing such obligation.
RFP for Wireless Broadband Services March 12,2010
Page 1
3. The installation, operation, maintenance and removal after termination of the associated equipment and appurtenances must not interfere with the operations of the Railroads.
4. The customer amenity provided must be of sufficient benefit to the Railroads and their customers and have sufficient functional longevity to justify the undertaking.
MTA will only consider proposals that, in addition to meeting the conditions described above, identify (A) a viable turn-key implementation plan with commitments from all of the critical participants and (B) a financing plan that identifies the source of all required funding and demonstrates an appropriate level of commitment from the funding sources.
Exclusive Licenses for WiFiService
MTA expects to grant exclusive licenses for the on-board WiFi component of the service. But proposers are not required to make a proposal for all of the Railroads' trains and stations. Proposals may be made for deployment at specific stations or on specific rail lines or specific equipment fleets and MTA and the Railroads reserve the right to allocate groups of trains, lines and stations to different proposers.
Project Manager
Please direct all questions regarding this RFP and all responses to this RFP to George McDonald, the Project Manager ("Project Manager") for this RFP:
Metropolitan Transportation Authority Real Estate Department 347 Madison Avenue" 8th Floor New York, New York 10017 Attn: George McDonald Email: [email protected]
Pre-Proposal Conference
A pre-proposal conference will be held at 10:00 a.m. on April 7, 2010 at MTA Headquarters, 347 Madison Avenue, New York, NY. It is anticipated that after the pre-proposal conference a Metro-North M-7 train car will be available for inspection in Grand Central Terminal. Please pre-register for the pre-proposal conference by emailing the Project Manager with the names of the attendees and the company they represent.
Proposals must be received by the Project Manager at the above address no later than 5:00 PM EDT on May 17, 2010.
$5,000 Refundable Participation Fee
A refundable participation fee in the amount of $5,000, by check payable to "Metropolitan Transportation Authority", must be included with the proposal submission and is a condition to consideration of a proposal. These checks will be deposited into an MT A account. At the time that a proposal is no longer under consideration, MTA will return the $5,000 to such proposer (given the low interest rates on short term deposits, interest on such deposited amounts will not be paid). For those proposals, if any, for which definitive documents are exe9uted and delivered, the application of the $5,000 will be addressed in such definitive documents.
Reimbursement for MTA and Railroad Solicitation Costs
After the initial review of proposals and consideration of the amount of MTA and Railrqad resources that will be required to review and evaluate proposals and meet and negotiate with proposers, MTA reserves the right to require that a proposer agree to pay for all subsequent MTA and Railroad costs associated with further consideration of such proposer's proposal. In that event, MTA may require that a proposer pre-fund an MTA account from which such costs will be paid or reimbursed to MTA and the Railroads.
Installation and Railroad Labor Costs
Widespread deployment of a WiFi network on Railroad trains will require the successful proposer(s) to address the cost and logistics of installation, monitoring and repair of equipment. It is difficult for the Railroads to take train cars out of service but an effort will be made to accommodate the required work based on mutually agreed upon pre-determined schedules. In addition, given equipment movements, it may not be possible for a Railroad to ensure that particular cars operate on particular lines (which is an important consideration if the equipment on particular train cars must be matched with wayside equipment). Installation and maintenance of wayside equipment and associated utilities is also difficult in the Railroads' environment given the potential for service disruption and use of space otherwise needed for operational purposes.
It is anticipated that a deployment will, require the substantial involvement of the Railroads' employees, including flagging and protection. design review, inspection and, depending on the work and the applicable collective bargaining agreements, actual construction. installation and maintenance work. The cost of such services by the Railroads (at the applicable fully burdened rates) will be the
RFP for Wireless Broadband Services March 12, 2010
Page 3
responsibility of the successful proposer, and required to be paid to the Railroads . via a pre-funded account.
Background
On July 1, 2009, MTA and the Railroads issued a Request for Expressions of Interest (RFEI) for Provision of Wireless Broadband Services in Long Island Rail Road and Metro-North Commuter Railroad Trains and Stations. MTA and the Railroads received seventeen responses and met with seven respondents to discuss their submissions. Subsequently, MTA and Railroad staff have also had discussions with and visited other railroads that have implemented Wi-Fi on train service for their customers and for railroad operations.
MT A recently invited two respondents to undertake limited on-train technical evaluations of their proposed systems. At this time, it is not yet known whether either or both of those technical evaluations will proceed. Participation in such a technical evaluation is· not a pre-condition to responding to the RFP; however, MTA reserves the right to require that a proof of concept trial be conducted prior to awarding any license(s). The technical parameters for the limited on-train technical evaluations described above are set forth in Exhibits C and D and provide a general sense of what the Railroads would be seeking if they were to require a proof of concept trial as part of an award process in connection with this solicitation.
Service Territory
URR operates between New York City and Long Island and within Long Island. Metro-North operates three rails lines (Hudson, Harlem, and New Haven) emanating north from Grand Central Terminal to their respective terminals in Poughkeepsie, NY; Wassaic, NY; and New Haven, Connecticut. Service on the New Haven Line is subject to an operating agreement with the Connecticut Department of Transportation. West of Hudson service in Orange and Rockland Counties is provided by New Jersey Transit (under contract to Metro-North) on two lines (the Port Jervis and Pascack Valley Lines), pursuant to a contract with Metro-North. LlRR and Metro-North are, respectively, the largest and second largest commuter railroad services in the nation and operate every day of the year, although frequency of service varies by route, day of the week and time of day.
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MTA Long Island Rail Road and MTA Metro-North Railroad Commuter Services(I)
Revenue Actual Main Passengers Route Line Passenger
fu! Stations Miles Track Cars thousandsi2
) Miles
MTA Long Island Rail 87,358 124 319.1 594.1 1,138 Road MTA Metro-North 80,501 124 385.0 754.0 1,126 Railroad
Totals 167,859 248 704.1 1348.1 2,264
Additional information relating to MTA and the Railroads, including route maps, and organizational and financial information, is available on their consolidated website at www.mta.info.
Proposers should be aware that there are other wireless technology initiatives within the areas served by the Railroads. Metro-North expects to award soon. a license agreement that will provide a distributed antenna system within Grand Central Terminal ("GCT"), the Grand Central Terminal Train Shed, and the Park Avenue Tunnel. As part of that agreement, a license for a distributed antenna system providing wireless telecommunications and WiFi services will be awarded for all of those facilities, with the exception of the Park Avenue Tunnel. Providers of services under that license does not preclude an entity from being a provider of are permitted to provide the services being solicited in this RFP.
Certain portions of the right-of-way on which the Railroads operate are owned by and under the control of Amtrak (LlRR: East River Tunnels and portions of Penn Station) or New Jersey Transit (specifically in New York, the Pascack Valley Line). Use of such right-of-way for installation of equipment and cable may require the consent of Amtrak or New Jersey Transit or other third parties. Certain of the trains and select stations operated by Metro-North are owned by the State of Connecticut (or municipalities in Connecticut) and installation of' equipment on those trains/stations will require the consent of said governmental agencies. In Metro-North's territory, because of the complexity of the system, including overhead catenary electrical systems, buried lines, protected watershed and River view sheds, new WiFi infrastructure/towers along the right-of-way may prove to be very difficult to approve or implement, so alternative approaches should be considered to make the system operable.
(1) Certain of the stations, track and passenger cars are not owned by MT A, MTA Long Island Rail Road or MTA Metro-North Railroad.
(2) The number of revenue passengers is determined in part by ascribing an assumed frequency of use to holders of weekly and monthly commutation tickets.
RFP for Wireless Broadband Services March 12, 2010
The proposal must document the proposed design and architecture of the system to be used, including a list of materials to be used, software, functionality of each
. module and all the connections between system components. The proposer is not required to disclose confidential intellectual property in the proposal, but should include sufficient information to allow MTA and the Railroads to understand the proposed system and cost inclusive of Railroad labor. All installation plans will be subject to the Railroads' review and approval, and Railroad operational procedures must be adhered to at all times.
Technical Parameters
MTA has reviewed a variety of alternative technological approaches for the provision of on-train WiFi service. As a general matter, MTA is open to the use of any specific technology as long as (1) it meets the minimum functional requirements described herein, (2) the customer amenity that is provided is of sufficient value and has sufficient functional longevity to justify the undertaking, and (3) the installation, operation, maintenance and removal of the associated equipment and appurtenances after license termination does not interfere with the operations of the Railroads.
MTA and the Railroads have defined certain basic technical parameters for the wireless broadband system, while encouraging maximum flexibility and creativity by proposers. The technical parameters set forth below are defined at a summary level. If these technical parameters cannot be met, the proposer should address the reason why, and provide justification for any proposed substitute requirements.
A. Network architecture. Minimize need for equipment installations both on-train, in station, and along right-of-way. The Railroads prefer solutions that require minimal changes and impacts to their network, physical infrastructure and right-of-way.
B. Devices to be supported. Laptops, handheld devices, PDAs, mobile phones and other manned or unmanned devices. The proposed network must support 802.11 b/g/n wireless standards for access to the internet.
C. Bandwidth requirements. Ability to support numerous simultaneous customer users under realistic systems load. conditions. Additional bandwidth for use for Railroad operational applications would be preferred.
D. No Interference. No interference with Railroad equipment or operations.
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E. Uninterrupted Service. Uninterrupted service through the service territory.
F. Reliability. Fault tolerance mechanisms to mitigate and/or eliminate single pOints of failure and ensure high reliability.
G. Customer Service. 24x7 end user help desk capabilities.
Relationship with Digital Advertising Initiatives
. The Railroads expect to be actively pursuing the implementation of digital advertising in their stations and on their trains in the future. Digital advertising equipment on trains requires wireless communications (and one of the options for communicating with digital advertising equipment in stations is wireless connectivity). In addition, the installation of digital advertising equipment on a train car requires that the train car be taken out of service for a similar duration as is required for installation of the WiFi network equipment that is the subject of this RFP.
It is probable that the digital advertising equipment on a train car will be able to use the WiFi network that is the subject of this RFP for its wireless communications, thus reducing both cost and the· equipment footprint. In addition, it may be possible for the digital advertising equipment and the WiFi network equipment to be installed simultaneously (co-located), resulting significantly less interference with Railroad operations and achieve program cost s'avings.
If a proposer wants to propose integrating its WiFi network with a digital advertising initiative, such an integrated proposal should be submitted as an alternative proposal accompanying a base proposal for a stand-alone WiFi network.
Proposers should be aware that even if integrated proposals are received, MTA and the Railroads may decide to either (a) amend this RFP to expand it to expressly include digital advertising (in which case revised and/or additional proposals may be solicited from existing and new proposers) or (b) defer solicitation of all digital advertising' initiatives to a later date and/or through a different process.
It should also be noted that CBS Outdoor Group Inc. is the current licensee for advertising on the Railroads' stations and trains. MTA would need to consider how any digital advertising initiative on the Railroads' stations and trains would affect that existing arrangement.
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Page 7
RFP Response
Proposals must be received by the Project Manager at the above address no later than 5:00 PM EDT on May 17, 2010.
Proposers must provide ten (10) hard copies, together with ten (10) CD ROM discs of the following:
1. A transmittal letter, on the proposer's letterhead, signed by a corporate officer or an authorized agent, identifying the contact person who will be responsible for answering any questions that the MTA or the Railroads may have. Include the telephone numb~r and fax number for such contact person.
2. A check for the $5,000 refundable participation fee, payable to "Metropolitan Transportation Authority".
3. A description of the proposer and its experience:
a. Name, street address, mailing address if different, email address, and telephone and facsimile numbers of the proposer.
b. Year established and state in which the firm was incorporated or otherwise organized.
c. A narrative description and organization chart depicting the management of the proposer's organization and its relationship to any other business entities. For joint ventures, please describe the role of each of the venturers.
d. A description of the overall operations of the proposer, including the number and scope of other similar projects currently ongoing or set to begin in the near future.
e. A narrative description of proposer's relevant prior operating experience.
f. A description of proposer's existing wireless broadband coverage level in each of the Railroad's service area.
g. Any additional information not specifically listed above that demonstrates experience relevant to wireless broadband deployment on trains and/or in railroad stations.
RFP for 'Wireless Broadband Services March 12, 2010
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4. A description of the implementation being proposed, including descriptions of:
a. Network architecture and radio frequency details.
1. A functional specification, flow diagram and topology layout of the network elements to be deployed.
2. The techno~ogies to be utilized for in-car and station coverage, trackside transport network, backhaul to terrestrial base stations or satellites and backhaul to an internet peering point and their expected evolution in performance over the next five-year period, indicating which standards they are in compliance with and whether the products used will be certified for interoperability.
3. Spectrum bands, modulation techniques and channel width to be used.
4. Bandwidth specifications.
5. How telecommunications provisioning and services will be provided and by whom.
6. Comments on scalability, ease of installation and· maintenance, and adaptability to future technology evolution.
7. How the network will interface with any existing or planned wireless broadband networks currently available in the Railroad environment.
8. Security and encryption features.
b. Design and Installation Plan
1. How architecture and design services will be performed and by whom.
2. How ·program and project management services will be performed and by whom.
3. Proposed design and installation schedule and phasing.
c. Supported Applications.
1. Applications and devices to be supported.
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d. Infrastructure.
1 . Equipment to be installed on trains, in stations and along right of way, power and space requirements, regulatory permits required, etc.
2. Electric power requirements.
3. Fiber optic cable requirements.
e. Equipment.
1. Names of suppliers who will provide key equipment and the nature of their commitments to the project.
2. Performance specifications and results in comparable environments.
f. Installation and construction requirements.
1. Means and methods.
2. Utilization of existing infrastructure (such as attachment to existing poles, stations, etc.)
3. Maintenance and emergency accessibility requirements.
4. Who will be performing installation services.
5. How in-train equipment will be installed, including timeframes, and assumptions of who will be performing any labor (including which services are to be. provided by Railroad personnel pursuant to labor agreements).
6. If any wayside installations are required, a description of such installations, how they will be performed, and assumptions of who will be performing any labor (including services to be provided by Railroad personnel).
7. If a systems integrator will be utilized, please identify the company and duties to be performed.
8. Methods to be utilized to ensure that service interruptions are minimized.
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g. Operations
1. How customer service will be provided and by whom..
2. How network monitoring and management services will be performed and by whom.
3. How network maintenance and upgrade services will be performed and by whom.
4. How business and operations support systems (BSS/OSS) services will be performed and by whom.
5. How customer service and technical support services will be performed and by whom.
6. How software hosting and facilities service will be performed and by whom.
7. How customer billing, revenue tracking and compensation to the railroads will be managed and reported.
h. Railroad Utilization of Services
1. Extent, if any, to which the Railroads can utilize the proposer's wireless broadband infrastructure for Railroad operations, including, but not limited to:
i. On-board ticket sales and management of passenger information
ii. Transmission of train diagnostic information iii. Feed for advertising and agency-related communications
i. Cost Estimate
1. A detailed cost estimate shall be provided, specifying cost estimates. for design, equipment, infrastructure, and installation costs, including the cost of. services to be provided by Railroads' personnel
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5. A description of the proposer's commercial offer and plan of financing:
a. Proposer's Commercial Offer to MTA and the Railroads
1. Describe license fees, if any, that will be paid by the proposer to the Railroads for the right to install the equipment and provide the exclusive WiFi services.
2. Describe whether and how fees for services will be charged to the end user and whether the Railroads will share in such revenues.
3. Describe whether the Railroads will be charged for the use of the network for operational or revenue-generating purposes, and if, how such fees would be determined.
4. Describe operational bandwidth and services that will be provided at no cost to the Railroads.
5. Describe any future initiatives, i.e., WiFi / Cellular phones, including projected revenues and compensation to the Railroads for all current and future services;
b. Financing Plan
1. Identify the sources of all required funding and the level of commitment from the funding sources.
c. Marketing Plan
1. Describe the prop'osed marketing plan, including branding and pricing.
6. If desired by the proposer, submission of an alternate proposal integrating its WiFi network with a-digital advertising initiative.
7. If desired by the proposer. a signed copy of the Non-Disclosure Agreement (Exhibit A).
Evaluation and Selection
Based on a review and evaluation of the Proposals, and selection of proposers, as described more fully below, MTA and/or the Railroads may enter into discussions, negotiations and/or agreements with one or more of the proposers
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for the provision of wireless broadband services on some or all of the stations and trains operated by the Railroads.
MTA and the Railroads may at any time disqualify Proposals that, in the sole and absolute discretion of the MTA and the Railroads, fail to comply with the requirements of this RFP or are not considered to be within the range of value justifying further consideration.
MTA and the Railroads will review all Proposals for completeness and compliance with the terms and conditions of this RFP, and may, at this or any other stage of the RFP process, request from any or all of the proposers additional material, clarification, confirmation, or modification of any submitted Proposal, including Proposals' that are incomplete or nonconforming as submitted. Except at the request or with the consent of the MTA (which consent shall be in the sole and absolute discretion of the MTA and the Railroads), proposers will not be unilaterally entitled to change their Proposals once submitted.' .
MTA may req uest some or all of the proposers to make oral presentations of their proposals.
In evaluating the Proposals, MTA and the Railroads will consider such criteria as, in their sole and absolute discretion, they deem to be in the best interests of the MTA.. The criteria listed below are of significant concern to the MTA:
1. Overall value to MTA and the Railroads, taking into consideration:
(a) the benefits of the propos!3d customer amenities;
(b) clear demonstration of financial ability and commitment to undertake the project;
(c) the likelihood that the proposer will perform in accordance with its obligations, including compliance with schedule, reliability and financing requirements, and' proposed financial security for such performance;
(d) any adverse effect on the Railroads during the installation, maintenance and operation of the network, including service interruptions;
(e) the functional longevity of the proposed technology solution;
(f) the quantity, certainty and timing of the proposed financial return to the MTA, if any; and
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(g) the potential for the Railroads to utilize the proposer's wireless broadband infrastructure for Railroad operations and the commercial terms of such utilization.
2. Proposer's experience and competence in the design, installation, operation, management, and marketing of projects of a scale, complexity, and quality similar to that proposed.
3. Compliance with the RFP.
4. Quality of proposer's design, installation and operations teams, including equipment suppliers, with particular focus on key personnel.
5. Proposed time frame for commencement and· completion of each of the elements of the project.
6. Proposer's previous record of performance in business dealings with any municipal, state, or federal agencies, including the MTA.
As stated above, MTA and the Railroads reserve the right to consider criteria other than the foregoing and to assign to each of the above and to such other criteria as are considered such weight as MTA may in its absolute discretion determine.
MTA and the Railroads reserve the right to negotiate any and all terms of any transaction with one or more proposers.
Procurement Lobbying Law Provisions.
This solicitation is subject to New York State Finance Law §§ 139-j and 139-k (the "Lobbying Law Provisions"). For purposes of the Lobbying Law Provisions the Designated Point of Contact is the Project Manager:
George McDonald ([email protected]) Project Manager Metropolitan Transportation Authority Real Estate Department 347 Madison Avenue, 8th Floor New York, New York 10017
Pursuant to the Lobbying Law Provisions, all "Contacts" (which are defined as "any oral, written or electronic communication with a governmental entity under circumstances where a reasonable person would infer that the communication was intended to influence the governmental procurement") during the Restricted Period of this RFP (which commenced on March 12, 2010 and ends on the final
approval of an agreement by the MTA Board) must be made only with the Designated Point of Contact. During such Restricted Period, no Contacts, other than the Permitted Contacts described below and Contacts with the Designated Point of Contact shall be made with any member, officer or employee of MTA or its subsidiaries and affiliates, the State or any other governmental entity .
. There are certain exceptions to this general rule. The following types of Contacts are permitted during the Restricted Period:
1. Proposals: the submission of written Proposals in response to this RFP.
2. Complaints: complaints by a proposer regarding the failure of the Designated Point of Contact to respond in a timely manner to authorized proposer Contacts, provided such complaints are made in writing to the MTA General Counsel. Such written complaints will become a part of the transaction record. Written complaints shall be mailed to:
Metropolitan Transportation Authority 347 Madison Avenue New York, NY 10017 Attention: General Counsel
3. Oral Presentations and Discussions with Proposers: scheduled presentations by a proposer to MTA, the Evaluation Committee or the Selection Committee describing its Proposals and/or scheduled discussion by MTA or the Selection Committee with proposers.
4. Negotiations: After a proposer has. been preliminarily designated, communications between that proposer and MTA for the purposes of negotiation.
5. Review of Award: Following award to another proposer, a proposer's request to the Designated Point of Contact for a review of the award.
6. Protests and Complaints: (a) contacts by proposers in protests, appeals or other review proceedings (including the apparent successful proposer and his or her representatives) before the MTA seeking a final administrative determination, or in a subsequent judicial proceeding; or (b) complaints of alleged improper conduct in this transaction to the New York Attorney General, MTA Inspector General, a district attorney, or a court of competent jurisdiction, and where such communications and any responses thereto are made in writing and shall be entered in the transaction record pursuant to section one hundred sixty-three of the state finance law; or (c) complaints of alleged improper conduct in this RFP process. All protest and complaint contacts to MTA or the Railroads must be made directly to the General Counsel of MT A at:
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Metropolitan Transportation Authority 347 Madison Avenue New York, NY 10017 Attention: General Counsel
Protests and complaints made to MTA Board members, officials, employees (other than the Project Manager, the General Counsel and any other persons expressly declared by MT A to be designated points of contact for this RFP) or consultants of MTA or any of its affiliates or subsidiaries, the State of New York or any other governmental entity shall be considered an impermissible Contact.
A finding that a proposer has knowingly and willfully violated the limitation on' the Contacts rule will result in a determination of non-responsibility for such proposer, and MTA will not enter into an agreement with such proposer and its subsidiaries, and any related or successor entity with substantially similar function, management, board of directors, officers and shareholders, unless MTA finds that such designation is necessary to protect public property or public health or safety, and that the proposer is the only source capable of supplying the required article of procurement within the necessary timeframe, provided, that, MTA is required to include in the procurement record a statement describing the basis for such a finding.
The Lobbying Law Provisions require MTA to obtain specific information regarding prior non-responsibility determinations relating to each proposer. This information must be collected in addition to the information that is separately obtained pursuant to New York State Finance Law §163(9). The information required to be disclosed is set forth in the Disclosure of Prior Non-Responsibility Determinations Form (Exhibit B, Form 1) which must be completed by proposer and submitted with its Proposal. The Lobbying Law Provisions also require that each proposer affirm and certify as to its compliance with the Lobbying Law Provisions. The required Affirmation and Certification Form (Exhibit B, Form 2) and must be completed by proposer and submitted with its Proposal.
EXCEPT AS EXPRESSLY AUTHORIZED BY THE PROJECT MANAGER (see p. 2) OR AS OTHERWISE EXPRESSLY AUTHORIZED BY NEW YORK STATE FINANCE LAW §§ 139-J AND 139-K, DURING THE "RESTRICTED PERIOD" OF THIS SOLICITATION, NEITHER PROPOSERS, NOR ANY EMPLOYEE, AGENT OR CONSULTANT OR PERSON ACTING ON BEHALF OF PROPOSERS, MAY "CONTACT" BOARD MEMBERS, OFFICIALS, EMPLOYEES (OTHER THAN THE PROJECT MANAGER AND ANY OTHER PERSONS EXPRESSLY DECLARED BY MTA TO BE DESIGNATED POINTS OF CONTACT FOR THIS RFP) OR CONSULTANTS OF MTA OR ANY OF ITS AFFILIATES OR SUBSIDIARIES, THE STATE OF NEW YORK OR ANY OTHER GOVERNMENTAL ENTITY REGARDING THIS RFP AND RELATED MATTERS. FAILURE TO OBSERVE THIS REQUIREMENT MAY RESULT IN
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Page 16
THE PROPOSER'S DISQUALIFICATION FROM CONSIDERATION PURSUANT TO THIS RFP. THE TERMS "CONTACT" AND "RESTRICTED PERIOD" ARE DEFINED IN NEW YORK STATE FINANCE LAW §§ 139-J AND 139-K AND THOSE "CONTACTS" THAT ARE CONSIDERED TO BE IMPERMISSIBLE ARE DESCRIBED THEREIN.
General Matters
Requests for clarification concerning this RFP should be made by mail or email to the Project Manager at the above address. Neither the Project Manager nor any other employee of the MTA, or the Railroads, is authorized to give interpretations of this RFP or additional information regarding the requirements of this RFP directly to individual proposers. Interpretations or additional information with respect to this RFP, if provided, will be communicated to all registered proposers by email or written addenda.
Neither MTA nor the Railroads will be responsible for any costs or expenses incurred in preparing and submitting information in response to this RFP. The MTA and the Railroads assume no contractual or other obligations as a result of the issuance of this RFP, the preparation or submission of materials by a proposer, the evaluation of materials, the proposers conducting of presentations, or the selection of any proposer. There may be no claims whatsoever for reimbursement from the MTA or the Railroads or any of their consultant~ or agents for such costs.
If proposers desire their submission to be subject to the terms of a NonDisclosure Agreement, MTA and the Railroads are willing to enter into the NonDisclosure Agreement set forth as Exhibit A. Subject to the terms of that NonDisclosure Agreement, MTA and the Railroads shall be entitled to retain and use, without compensation to any party responding to this RFP, all information submitted, including but not limited to any concept, element or idea (including financial plans and ownership structures) disclosed 'in or evident from the foregoing or which may be revealed during any communications with proposers. Public access to material submitted by proposers in response to this RFP shall be governed by the relevant provisions of the Freedom of Information Law, which constitutes Article 6 of the New York State Public Officers Law ("FOIL"), and regulations adopted pursuant thereto. If any proposer submits information that it believes to be a trade secret or otherwise exempt from disclosure under FOIL, it must specifically identify such information and state in writing the reasons why the information should be exempt from disclosure.
The MT A and the Railroads will not pay for or refund any costs and expenses incurred by a proposer in responding to this RFP.
RFP for Wireless Broadband Services March 12, 2010
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The MTA and the Railroads reserve the right, at any time, in their sole and absolute discretion and without liability, to (a) accept or reject any or all Proposals, (b) withdraw this RFP without notice, (c) use the Proposals as a basis for negotiation with one or more proposers and/or with parties other than those responding to this RFP and/or on terms other than those set forth herein, including to enter into definitive agreements for the deployment of one or more wireless broadband networks without undertaking any further solicitation process, or (d) waive compliance with and/or change any of the terms of this RFP.
Under no circumstances will the MTA and the Railroads be liable for any costs and expen~es associated with the. preparation, clarification, submission, or negotiation of submissions submitted in response to this RFP.
This RFP does not constitute an offer to sell, lease or license any property of MTA or the Railroads. None of the MTA, the Railroads, or any a'ffiliate or subsidiary of any of the foregoing. shall incur any obligation or liability on account of any submission made in connection with this RFP unless and until an agreement setting forth all the terms and conditions of a transaction has been fully negotiated and a written agreement incorporating such terms and conditions has been fully executed and unconditionally delivered by all the parties thereto and all necessary consents and approvals have been obtained including. without limitation, approval of such written agreement by the MTA Board.
MTA and the Railroads make no representations or warranties whatsoever with respect to this RFP, including, without limitation, representations or warranties as to the accuracy or completeness of any information or assumptions contained in this RFP or otherwise furnished to proposers; the ridership of the Railroads; the suitability of the Railroads' facilities for the implementation of wireless broadband service; and any environmental conditions existing on the property of the Railroads. proposers shall make their own analysis and evaluation of the income potential and profits and expense of any wireless broadband deployment,as well as the physical condition, operation, layout, size, systems and integrity of the Railroads' facilities, and proposers shall not rely upon any statement or information given to proposers by the MTA or the Railroads, including without limitation, any information contained in this RFP or in any other documents cited in this RFP or made available during this RFP process.
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MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE
It is the policy of the MT A that Minority and Women-owned Business Enterprises (MIWBEs) shall have the maximum opportunity to participate in the performance of this engagement. The proposer shall describe in detail past participation of MIWBE firms on recently completed projects.
The proposer must indicate whether its team will include MIWBE participation. The proposer shall describe in detail how MIWBE firms will be utilized on the proposed wide scale wireless broadband implementation.
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EXHIBIT A: Form of Non-Disclosure Agreement
RECIPROCAL NON-DISCLOSURE AND CONFIDENTIALITY AGREEMENT
1. This Reciprocal Non-Disclosure and Confidentiality Agreement (the . "Agreement") is made and entered into as of the day of 2009 by, between and among [Proposer], a [corporation], and its affiliates and subsidiaries (collectively, "Proposer") having its principal place of business at [ADDRESS] and the Metropolitan Transportation Authority, a New York public benefit corporation, its subsidiaries Long Island Rail Road and Metro-North Commuter Rail Road Company (collectively, "MTA"), having its principal place of business at 347 Madison Avenue; Real Estate, 8th floor, New York, NY 10017. Proposer and MTA shall hereinafter collectively be referred to as the "Partiesfl and individually as the "Party".
2. The Parties desire to discuss certain business transactions and to exchange information for the purpose of exploring a potential business relationship regarding the deployment of a wireless broadband network on the MT A's trains and in the MTA's stations ("Purpose"). In order to facilitate these discussions and in order for the Parties to receive from each other, either orally or in writing, certain technical and business information. under terms that will protect the confidential and proprietary nature of such information, the Parties have entered into this Agreement. For purposes herein, any confidential technical or business information of third persons furnished or disclosed confidentially, as set forth herein, by one Party to the other shall be deemed the disclosing Party's information and, accordingly, shall be subject to t4e terms and conditions of this Agreement.
3. Each Party may find it beneficial to disclose to the other Party certain information that may include, but is not limited to, trade secrets, discoveries, ideas, concepts, know-how, techniques, designs, specifications, drawings, maps, blueprints, diagrams, flow and other technical, financial or business information (the "Information"). Such Information, which is provided in written, encoded, graphic, or other tangible form shall be deemed to be confidential and proprietary if it is clearly marked confidential. If the Information is provided orally, it shall be deemed to be confidential and proprietary if it is so identified by the disclosing Party at the time of such disclosure. Either Party may confirm, within five (5) days of making oral confidential statements, that such information was confidential and proprietary. The Information disclosed as set forth above shall be deemed "Confidential Information."
4. The Parties agree that they shall hold such Confidential Information in confidence, with the same care a Party uses for its own Confidential Information, which, in no event shall be less than a reasonable standard of care, and shall use same solely for the Purpose, and further agree that they shall not make disclosure of any such Confidential Information to anyone except those employees and consultants necessary to review such Confidential Information. Prior to providing the Confidential Information to any consultant, a Party will ensure that a nondisclosure agreement or an agreement with similar protections, is in place with each consultant that is substantially similar to this Agreement. Prior to providing the Confidential Information, each employee or
RFP for Wireless Broadband Services March 12.2010
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consultant to whom such disclosure is to be made, shall be notified that such Confidential Information is received in confidence and shall be kept in confidence by such employee or consultant as set forth in this Agreement. In the event such Confidential Information must be disclosed by either Party to third persons for the Purpose, each Party shall, prior to such disclosure, obtain written consent from the other Party and obtain from the third person a written agreement regarding confidentiality of the Confidential Information, the terms of which shall be substantially similar to those contained herein.
5. The obligation of non-disclosure and confidentiality shall not apply to any Confidential Information: (a) previously known to either Party free of any obligation to keep it confidential; (b) that has been or which becomes publicly known, through no wrongful act of either Party; ( c) which is rightfully received from a third party who is under no obligation of confidence to either Party; (d) which is independently developed by the recipient Party without resort to the Confidential Information that has been disclosed pursuant to this Agreement; or ( e) which MT A determines is required to be disclosed in order to comply with applicable law or regulation (including without limitation, the New York Freedom of Information Law) or with any requirement imposed by judicial or administrative process, or any governmental or court order but only to the extent required and, provided that the recipient Party in each such instance before making such disclosure first: 0) promptly notifies the other Party of a required disclosure upon receipt of a governmental or court order or upon receipt of a request for disclosure under the New York Freedom of Information Law, and Oi) cooperates with the other Party in making, if available under applicable law, a good faith effort to obtain a protective order or other appropriate determination against, or limiting disclosure or· use of the Confidential Information, at no cost to the recipient Party.
6. All Confidential Information shall remain the exclusive property of the disclosing Party. The disclosure of Confidential Information by the disclosing Party shall not constitute an express or implied grant to the recipient Party, of any rights to or under the disclosing Party's patents, copyrights, trade secrets, trademarks or any other intellectual property rights. All Confidential Information shall be returned to the disclosing Party upon written request. In the event the Parties decide not to enter into a business relationship regarding the subject matter hereof, then all such disclosed Confidential Information shall be returned to the Party who provided such Confidential Information upon request. Notwithstanding the foregoing, MT A shall have no obligation to return any Confidential Information provided to it by Proposer as part of Proposer's response to MTA'sRequest for Proposals, provided however, that MTA shall continue to have the obligation to protect the confidentiality of such Confidential Information pursuant to the terms hereof.
7. Neither this Agreement, nor any rights hereunder, in whole or in part, shall be assignable or otherwise transferable by either Party and the obligations contained in this Agreement shall survive and continue for a period of five (5) years from the date of this Agreement, except if the Parties agree to incorporate this Agreement by reference into a business agreement or contract as contemplated by the Purpose, in which case notwithstanding anything to the contrary in this Agreement, the obligations contained in this Agreement shall then continue and survive from the date of initial disclosure of
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Confidential Information through the term of such business agreement or 'contract and after its expiration.
8. This Agreement shall be governed by and constituted and enforced in accordance with the laws of the State of New York without regards to conflicts of law. Failure to enforce any provision of this Agreement shall not constitute a waiver of any other term hereof.
9. The recipient Party acknowledges that remedies at law may be inadequate to protect the disclosing Party against any actual or threatened breach of this Agreement by the recipient Party or by its representatives and, without prejudice to any other rights and remedies otherwise available to the disclosing Party, the recipient Party agrees to allow the seeking of injunctive or other equitable relief in the disclosing Party's favor, without the requirement of providing proof ofactual damages.
10. This Agreement contains the sole and entire agreement between the Parties related to the disclosure of Confidential Information with respect to the Purpose. This Agreement may only be modified in a writing executed by both Parties. Should any provision of this Agreement be deemed illegal or otherwise unenforceable, that provision shall be severed and the remainder of this Agreement shall remain in full force and effect.
11. This Agreement shall not create, nor will it create an obligation to form a joint venture, partnership or other formal business relationship of any kind nor will it prohibit either Party from engaging in similar discussions with a similar Purpose, with any other third party.
12. If a legal action between or among any Parties arises from this Agreement or the conduct of any Party with respect to any disclosing Party's Confidential Information, a prevailing Party shall recover from the other Party or parties to the action its reasonable attorney fees and costs of suit.
13. This Agreement may be executed by facsimile and in counterparts.
IN WITNESS HEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized representatives as of the date and year written above.
[RESPONDENT]
Name: Title:
METROPOLITAN TRANSPORTATION AUTHORITY
Name: Title:
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EXHIBIT B, FORM 1
NEW YORK STATE FINANCE LAW SECTIONS 139-j and 139-k CERTIFICATION
General Information
All procurements (which are defined to include entering into license agreements) by the MTA in excess of $15,000 annually are subject to New York State's State Finance Law Sections 139-j and 139-k, effective January 1, 2006 (the "Procurement Lobbying Law').
Pursuant to the Procurement Lobbying Law, all "contacts" (defined as oral, written or electronic communications with the MTA intended to influence a procurement) during a procurement must be made with one or more designated Point(s) of Contact only. Exceptions to this rule include written questions during the bid/proposal process, communications with regard to protests, contract negotiations and RFP conference participation. Nothing in the Procurement Lobbying Law inhibits any rights to make an appeal, protest or complaint under existing administrative or judicial procedures.
Violations of the policy regarding permissible contacts must be reported to the appropriate MTA officer and investigated accordingly. The first violation may result in a determination of non-responsibility and ineligibility for award to the violator and its subsidiaries, affiliates and related entities. The penalty for a second violation within four (4) years is ineligibility for bidding/proposing on a procurement and/or ineligibility from being awarded any contract for a period of four (4) years. The MTA will notify the New York State Office of General Services ("OGS") of any determinations of non-responsibility or debarments due to violations of the Procurement Lobbying Law. Violations found to be "knowing and willful" must be reported to the MT A Executive Director and OGS.
Moreover, the statutes require the MTA to obtain certain affirmations and certifications from bidders and proposers. This Certification contains the forms with which to comply, together with additional information and instructions.
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Instructions New York State Finance Law §139-k (2) obligates the MTA to obtain specific information regarding prior non-responsibility determinations. This information must be collected in addition to the information that is separately obtained pursuant to New York State Finance Law §139-k, an offerer must be asked to disclose whether there has been a finding of non-responsibility made within the previous four (4) years by any governmental entity due to: (a) a violation of New York State Finance Law § 139-j or (b) the intentional provision of false or incomplete information' to a governmental entity.
As part of its responsibility determination, New York State Finance Law § 139-k(3) mandates consideration of whether an offerer fails to timely disclose accurate or complete information regarding the above non-responsibility determination. In accordance with law, no procurement contract shall be awarded to any offerer that fails to timely disclose accurate or complete information under this section, unless the factual elements of the limited waiver provision can be satisfied on the written record.
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Disclosure of Prior Non-Responsibility Determinations
Name of Proposer:________________________
Address:
Name and Title of Person Submitting this Form:
Has any governmental entity1 made a finding of non-responsibility regarding the Proposer or any Affiliate thereof in the previous four years? DYes DNo
If yes: Was the basis for such finding of the non-responsibility due to a violation of State Finance Law §139-j? DYes DNo
Was the basis for such finding of non-responsibility due to the intentional provision of false or incomplete information to a governmental entity? DYes [lNo
If yes, please provide details regarding the finding of non-responsibility below.
Governmental Entity: _______________
Year of Finding of Non-Responsibility: ____________
Basis of Finding of Non-Responsibility:
(Add additional pages as necessary)
Has any governmental entity terminated a procurement contract with the Proposer or any Affiliate thereof due to the intentional provision cif false or incomplete information? DYes DNo
A "governmental entity" is: (1) any department, board, bureau, commission, division, office, council, committee or officer of New York State, whether permanent or temporary; (2) each house of the New York State Legislature; (3) the unified court system; (4) any public authority, public benefit corporation or commission created by or existing pursuant to the public authorities law; (5) any public authority or public benefit corporation, at least one of whose members is appointed by the governor or who serves as a member by virtue of holding a civil office of the state; (6) a municipal agency, as that term is defined in paragraph (ii) of subdivision(s) of section one-c of the Legislative Law; or (7) a subsidiary or affiliate of such a public authority. (SFL §139-j, paragraph 1.a.)
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1
EXHIBIT B, FORM 2
NEW YORK STATE FINANCE LAW SECTIONS 139-; and 139-k CERTIFICATION
Proposer's Affirmation and Certification
By signing below, the undersigned:
a) Affirms that the Proposer understands and agrees to comply with the policy regarding permissible contacts in accordance with New York State Finance Law Sections 139-j and 139-k.
b) Certifies that all information provided to the MT A with respect to New York State Finance Law §139-j and §139-k is complete, true and accurate.
Name of Proposer:._____________________
Authorized Signature: ____________________
Name of Authorized Signatory : ________________
Title:_________________________
Date: ______________
MTA's Right to Terminate:
The MTA and the Railroads reserve the right to terminate the future agreement among MTA, the Railroads and the Proposer in the event it is found that the foregoing certification, in accordance with New York State Finance Law § 139-k. was intentionally false or intentionally incomplete. Upon such finding, the MTA and the Railroads may exercise their termination right by providing written notification to the Proposer in accordance with the written notification terms of such agreement.
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EXHIBITC
LIRR Wireless Broadband Proof of Concept Parameters
Below are the minimum requirements to conduct WiFi technical evaluation installations on LIRR trains:
• The technical evaluation to be conducted on a train of select test car(s) specified by LIRR Maintenance of Equipment (MOE) departments will specify and oversee the wireless access point installation on board our trains. Demonstrate that the necessary WiFi equipment can be installed on LIRR passenger rail cars without interfering with the LIRR rail operations. Show how the installation of WiFi equipment on LIRR passenger train equipment can be carried out under current LIRR and labor rules. LIRR prefers temporary on-train antenna or other system component installations.
• The technical evaluations ~e to be conducted over a minimum track length specified by LIRR and where trains can achieve a rate of speed of at least 60 MPH.
• The network within each car is to provide a WiFi hotspot in the 2.4 GHz range (IEEE 802.11 b / g / n standards based).
• Commonly available handsets such as Palm, Blackberry, smart phones and others must be able to access and maintain the WiFi Internet connection.
• If your proposed technical evaluation requires way-side equipment, details are to be provided (describe what is required, including electric power, poles or other structure attachments, etc.). Provide detailed description of potential trackside locations. Show how the trackside construction process can operate under current LIRR work and labor rules. All equipment and way side infrastructure will be provided by the proposer. Prefer adjacent to ROW antenna site installation where possible. Where ROW antenna installation is necessary the installation should be temporary.
• Describe in detail all system components (from the backhaul connections to train devices) including access point servers, power sources/options and cabling or construction requirement.
• Provide requirements-for ROW signal strength testing. IfROW surveying is required, proper safety certification is required.
• Outline installation timeframe and step-by-step timeline/duration of technical evaluation.
• Demonstrate how the Service Provider's Network Operations function will be able to monitor the on train WiFi network.
• Acceptance test plans must be developed and approved by LIRR. • Technical evaluation should require very little or no infrastructure support from
LIRR resources (i.e. power, facilities, poleline mounting space etc.). If support is required it must be clearly defined up-front and subject to LIRR approval and associated costs.
• LIRR may consider third party installations, subject to our labor rules.
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• All associated costs for any technical evaluation installations including LIRR support labor are to be the responsibility of the Service Provider.
The basic methodology for technical evaluation is expected to be as follows:
a. Maintain an internet connection on a moving train for the defined distance. b. In a static test environment, prove that WiFi coverage is feasible on LIRR
passenger car models and forms such that the signal adequately propagates. c. Prove that the WiFi signal does not adversely impact passenger car "on train
systems". d. Show that the WiFi signals will not adversely impact LIRR trackside
communications and systems currently in place. e. Collect and share data with respect to installation ease, time durations, manpower
& material used. f. Demonstrate to LIRR how the Service Provider would rectify future interference
issues that impact on / off-board Communications & Signal systems after the proposed WiFi system is deployed and in operation.
g. Demonstrate that WiFi eqqipment can be adapted to the LIRR's infrastructure and applicable operating environment.
h. Demonstrate that a sufficient number of users on a single car using standard internet applications (such as Google, Facebook, iTunes) can use the WiFi service, and complete an analysis of their service levels.
1. Measure the total available bandwidth per passenger railcar and complete an analysis ofassumptive usage patterns.
J. Demonstrate that the necessary WiFi equipment can be installed trackside with minimal interference to the LIRR's rail operations.
k. Test and demonstrate pre-agreed maintenance practices for a variety of scenarios covering both trackside and on train equipment.
l. Measure. footage between devices, station structures, height and distance of attachment options from railroad tracks.
m. Conduct acceptance tests. n. Obtain customer feedback through research (surveys or focus groups). Funds for
the research should be provided by the Service Provider, while the project Will be organized and supervised by MTA and LIRR research staff.
o. WiFi equipment installed for testing must not interfere with plain sight and physical access to electric breakers, switches or any equipment utilized by transportation service employees for operations and/or trouble shooting.
p. Employees contracted for the installation and maintenance of WiFi equipment must identify themselves to LIRR crew members and advise if their duties require access to onboard facilitiesllockers.
q. LIRR Transportation Services must be notified of WiFi equipped train cars. r. A description of WiFi related enclosures and apparatus including locations. s~ Electronic means of disabling WiFi access within the operating compartments of
LIRR train cars.
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EXHIBITD
Metro-North Wireless Broadband Proof of Concept Parameters
Below are the minimum requirements to conduct WiFi technical evaluation installations on Metro-North trains and stations:
• The technical evaluation installations are to be operational for at least 1 - 2 months.
• The technical evaluation to be conducted on a train of select test car(s) specified by Metro-North
• All associated costs for any technical evaluation installations including Metro- . North support labor are to be the responsibility of the WiFi service provider. Metro-North may consider third party installations, subject to our labor rules.
• The technical evaluations are to be conducted over a minimum track length specified by Metro-North and where trains can achieve a rate of speed of at least 60 MPH.
• The network within each car is to provide a WiFi hotspot in the 2.4 GHz range (IEEE 802.11 bIg I n standards based).
• Commonly available handsets such as Palm, Blackberry, smart phones and others must be able to access and maintain the WiFi Internet connection.
• If your proposed technical evaluation requires way-side equipment, details are to be provided (describe what is required, including electric power, poles or other structure attachments, etc.) All equipment and way side infrastructure will be provided by AT&T.
• At the discretion of Metro-North, select stations may be equipped with (1 ) Access Points that will communicate with train roof mounted antennas and provide wide band services while train is stationary in-station and Metro-North may wish to see a fixed display of integrated in-station train information I promotional information on LCD station screen(s) (placed in vandal proof casing).
• Describe the Service Provider's Network Operations Center (NOC) that will support the technical evaluation, including location, functions, etc.
• Feasibility of test area to include ParkAvenue Tunnels. • Must test for potential interference with existing on board RF systems and other
Metro-North communications and operating systems. • Need to provide a Professional Engineer with expertise to conduct external
testing.
The basic methodology for proof of concept evaluation is expected to be as follows:
1. Technical evaluations: Involves an end-to-end test checking throughput data rate and other parameters (web access, different frequency bands, interference etc) .
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2. Users I testers during the technical evaluation period will be representatives of MT AlMetro-North and/or railroad passengers with WiFi enabled handsets to test (applications such as email, web surf, sports, stock-watch and news headlines). Need to provide what is the degradation of many users: Provide outline in detail of technical bandwidth being proposed and minimum levels to be provided.
3. Business trials: Based on the theme oflook and feel ofequipment, advertising, branding arrangements and others criteria that must be discussed.
(a) The Service Provider to absorb all technical evaluation run costs including railroad flagging and force account expenses.
(b) Installation and alteration work to railroad cars and right-of-way are to be as limited as possible with as low impact upon the railroad resources as possible.
(c) A time line for the project implelIlentation of the technical evaluation once approved by the MTA and Metro-North.
All associated costs for the technical evaluation, including LIRR and MetroNorth flagging and other force account costs will be the sole responsibility of the Service Provider.
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MTA METRO-NORTH RAILROAD
PASSENGER COUNTS
2007
,
TABLE 1 2007 INBOUND STATION BOARDINGS SUMMARY (I)
I) WEEKDAY
LINE
AM
PEAK
WEEKDAY
OFF PEAK
TOTAL
WEEKDAY
Hudson Line
Harlem Line
New Haven Line
18,132
28,002
39,199
7,347
17,169
22,807
25,479
45,171
62,006
TOTAL EAST OF HUDSON 85,333 47,323 132,656
Port Jervis Line ,
Pascack Valley Line
2,131
800
408··
35
2,539
835
TOTAL WEST OF HUDSON 2,931 443 3,374
METRO NORTH TOTAL 88,264 47,766 136,030
II) WEEKEND
LINE SATURDAY SUNDAY
TOTAL
WEEKEND
Hudson Line
Harlem Line
New Haven Line
11,287
17,353
28,066
9,255
13,463
21,372
10,542
30,816
49,438
TOTAL EAST OF HUDSON 56,706 44,090 100,796
Port Jervis Line
Pascack Valley Line
446
122
444
123
890
245
TOTAL WEST OF HUDSON 568 567 1,135
METRO NORTH TOTAL 57;1.74 44,657 101,931
(l) Calculated by factoring the most recent on/off counts for each line to reflect 2007 ridership, based on
ticket sales data. Totals include transfers.
TABLE 2 2007 WEEKDAY INBOUND RIDERSHIP BY LINE SEGMENT (I).
HARLEM, HUDSON AND NEW HAVEN LINES
WEEKDAYAM TOTAL
LINE/SEGMENT PEAK OFF PEAK WE.EKDAY
HUDSON LINE
Lower Hudson 12,017 4,978 16,995
Upper Hudson 6,115 2,369 8,484
18,132 7,347 25,479TOTAL HUDSON LINE
HARLEM LINE
Lower Harlem 18,810 12,274 31,084
Upper Harlem 8,674 4,442 13, I 16
Dover Plains/Wassaic 518 453 971
28,002 17,169 45,171TOTAL HARLEM LINE
NEW HAYEN LINE
Inner New Haven 20,558 15,011 35,569
Outer New Haven 15,520 7,03\ 22,551
New Canaan Branch 4871,969 2,456
Danbury Branch \ ,021 131 1,152
Waterbury Branch 147 278131
39,199TOTAL NEW HAVEN LINE 62,00622,807 = 85,333 47,323METRO NORTH TOTAL 132,656
(I) Calculaled byfaclOring the most recent on/offcounlsfor each line lO reflect 2007 ridership, based on
ticket sales data. Totals include transfers.
TABLE 3 2007 WEEKEND INBOUND RIDERSHIP BY LINE SEGMENT (I)
HARLEM, HUDSON AND NEW HAVEN LINES
TOTAL
LINE/SEGMENT SATURDAY SUNDAY WEEKEND
HUDSON LINE
Lower Hudson 6,076 4,884 10,960
Upper Hudson 5,211 4,371 9,582
TOTAL HUDSON LINE 11,287 9,255 20,542
HARLEM LINE
Lower Harlem 11,427 7,800 19,227
Upper Harlem 5,385 4,878 10,263
Dover Plains/Wassaic 541 785 1,326
TOTAL HARLEM LINE 17,353 13,463 30,816
NEW HAVEN LINE
Inner New Haven 14,944 10,518 25,462
Outer New Haven 12,150 9,714 21,864
New Canaan Branch 475 538 1,013
Danbury Branch 238 260 498
Waterbury Branch 259 342 601
TOTAL NEW HA VEN LINE 28,066 21,372 49,438
METRO NORTH TOTAL 56,706 44,090 100,796
(I) Calculated by factoring the most recent on/offcounts for each line 10 reflect 2007 ridership, based on
ticket sales data. Totals include transJers.
TABLE 4
2007 HUDSON LINE WEEKDAY INBOUND STATION BOARDINGS(I)
STATION
AM
PEAK
WEEKDAY
OFF PEAK
TOTAL
WEEKDAY
Poughkeepsie 982 782 1,764
New Hamburg
Beacon
851
1,860
247
568
1,098 2,428
Cold Spring
Garrison
307
262
12J
79
428
341
Peekskill
Cortlandt
1,061
792
428
144
1,489
936 Croton-Harmon (2)
Ossining
Scarborough
Philipse Manor
Tarrytown
2,661
975 742
238 1,760
924
534
123 48
1,123
3,585
1,509
865 286
2,883
Irvington
Ar~sley-on-Hudson
Dobbs Ferry
Hastings-on-Hudson
630 186
810
831
308
134
376
303
938 320
1,186
1,134
Greystone
Glenwood
Yonkers
Ludlow
369
237
631
174
124
96 470
91
493
333
1,101
265
Riverdale
Spuyten Duyvil
Marble Hill
University Heights
Morris Heights
627
933 124
22
47
95
131
51
5
25
722
1,064
175
27
72
Harlem-I 25th Street 20 17 37
TOTAL HUDSON LINE 18,132 7,347 25,479
(I) Calculated byjac/oring 2006 On/OffCounts based on ficket sales data 10 reflect 2007 ridership In·els.
(2) Station totals include transfers.
TABLES
2007 HUDSON LINE WEEKEND INBOUND STATION BOARDINGS (I)
STATION SATURDAY SUNDAY TOTAL
WEEKEND
Poughkeepsie 1,742 1,589 3,331
New Hamburg 484 366 850
Beacon 1,404 1,075 2,479
Breakneck Ridge II 6 17
Cold Spring 418 376 794
Garrison 268 207 475
Manitou 3 5 8
Peekskill 716 612 1,328
Cortlandt 165 135 300
Croton-Harmon (2) 1,275 974 2,249
Ossining 689 684 1,373
Scarborough 135 98 233
Philipse Manor 42 48 90
Tarrytown 1,427 1,079 2,506
Irvington 212 212 424
Ardsley-on-Hudson 116 45 161
Dobbs Ferry 415 386 801
Hastings-on-H udson 403 273 676
Greystone 122 71 193
Glenwood 165 142 307
Yonkers 551 489 1,040
Ludlow 105 70 175
Riverdale 136 89 225
Spuyten Duyvil 164 140 304
Marble Hill 79 38 117
University Heights 7 8 15
Morris Heights 29 29 . 58
Harlem-125th Street 4 -
9 13
ITOTAL HUDSON LINE 11,287 9,255 20,542
(I) Calculated by jactoring 2006 On/OffCounts based on ticket sales data to reflect 2007 ridership levels_
(2) Station totals include transfers_
TA8LE 5
2007 HARLEM LINE WEEKDAY IN80UND ST A nON 80ARDINGS (1)
STATION
AM
PEAK
WEEKDAY
OFF PEAK
TOTAL
WEEKDAY
Wassaic
Tenmile River
67
9
245
13
312
22
Dover Plains
Harlem Valley-Wingdale
82
78
49
41
131
119
IPawling
IPatterson
197
85
58
47
255
132
Southeast (2) 969 730 1,699
Brewster 781 486 1,267
Croton Falls 414 177 591
Purdys 436 125 561
Goldens Bridge 814 222 1,036
Katonah 814 444 1,258
Bedford Hills 428 298 726
Mount Kisco 900 647 . 1,547
Chappaqua 1,605 517 2,122
Pleasantville 618 420 1,038
Hawthorne 596 257 853
Valhalla 299 119 418
North White Plains (2) 1,468 956 2,424
White Plains (2) 3,653 5,632 9,285
Hartsdale 2,153 662 2,815
Scarsdale 2,992 1,321 .4,313
Crestwood 1,393 398 1,791
Tuckahoe 1,032 393 1,425
Bronxville 2,119 991 3,110
Fleetwood 1,700 568 2,268
Mount Vernon West (2) 793 308 1,101
Wakefield 312 82 394
Woodlawn 720 272 992
Williams Bridge 133 46 179
Botanical Garden 145 146 291
Fordham 170 446 616
Tremont 9 7 16
Melrose 9 I 10
Harlem-I 25th Street 9 45 54
ITOTAL HARLEM LINE 28,002 17,169 45,111
(I) Calculated by jOctoring 2005 OnlOjJCounts based on ticket safes data to reflect 2007 ridership levels.
(2) Station totals include transfers.
TABLE 9
2007 HARLEM LINE WEEKEND INBOUND STATION BOARDlNG~ (1 )
.
STATION SATURDAY SUNDAY
TOTAL
WEEKEND
Wassaic
Tenmile River
226
23
365
50
591
7J
Dover Plains
Harlem Valley-Wingdale
109
61
131
99
.240
160
Appalachian Trail
Pawling
Patterson
4
80
38
0
\09
31
4
189
69
Southeast (2) 1,001 1,051 2,052
Brewster 608 682 1,290
Croton Falls 283 205 488
Purdys 172 98 270
Goldens Bridge 258 234 492
Katonah 580 492 1,072
Bedford Hills 345 377 722
Mount Kisco 743 710 1,453
Chappaqua 560 415 975
Pleasantville 474 333 807
Hawthorne 244 195 439
Mount Pleasant 10 6 16
Valhalla 107 80 187
North White Plains (2) 801 607 1,408
White Plains (2) 4,339 3,1 13 7,452
Hartsdale 756 446 1,202
Scarsdale J,169 820 1,989
Crestwood 455 242 697
Tuckahoe 461 277 738
Bronxville 1,075 716 1,791
Fleetwood 738 505 1,243
Mount Vernon West (2) 383 218 601
Wakefield 143 80 223
Woodlawn 446 284 730
Williams Bridge 76 53 129
Botanical Garden 220 209 429
Fordham 324 207 531
Tremont I I 2
Melrose I 3 4
Harlem-I 25th Street 39 19 58
TOTAL HARLEM LINE 17,353 13,463 30,816 .
(/) Calculated by factoring 2005 OnlOjJCounts based on ticket sales data to reflect 2007 ridership leve/s.
(2) Station totals include transfers.
· .
TABLE6 2007 NEW HAVEN LINE WEEKDA Y INBOUND STATION BOARDlNGS(I)
APPENDIX 0 LIRR STATION 2006 WEEKEND PASSENGER COUNTS
Total East I West Commuters in Numerical Order WESTBOUND EASTBOUND
East! West Totals Saturday Sunday SUB TOTAL TOTAL Saturday Sunday SUBTOTAL TOTAL
_ .Statlon On Off On Off - ON OFF On J O~ On Off ON OFF Weathampton 235 34 13 40 3 74 16 90 10 29 40 66 50 95 145 St. James 230 79 4 50 10 129 14 143 1 42 3 41 4 83 87 Greenlawn 216 50 8 38 10 88 18 106 12 50 6 42 18 92 110
Ethnicity White Black/African American Asian Hispanic
Income Less than $35,000 $35,000 to less than $75,000 $75,000 to less then $200,000 $200,000 or more Mean (000)
Education HS Grad or Less (Net) Some College or More (Net)
LlRR - 2006 Inbound
Commuter (200)
%
55 45
45.2
3.4
75 9 3 6
5 14 51 15
132
11 86
Occasional (202)
%
37 63
51.6
2.9
84 5 3 5
9 17 53 8
111.3
12 86
Base:TotaIResponden~
Gender Male Female
Age Mean Age
Household Status Mean Number of Person in HH
Ethnicity White Black/African American Asian Hispanic
Income Less than $35,000 $35,000 to less than $75,000 $75,000 to less than $200,000 Over $200,000 Mean (000)
Education HS Grad or Less (Net) Some College or More (Net)
DEMOGRAPHICS
MNR-2006 Inbound
Commuter Occasional (203) (203)
% %
60 36 40 64
45.2 51.1
3.1 2.8
81 88 4 3 3 3 4 1
1 7 9 17
43 52 33 10
183.9 116.1
8 9 88 .87
Internet! MTA Website Awareness and Usage
• By and large, the vast majority of MNR and LI RR Customers have Internet access (both at home and work), most have visited the MTA website recently and many have used the site as an informational tool.
- Metro-North Commuters and Occasionals are more likely in 2007 th<an in 2005 to have mobile Internet access.
- LlRR Commuters and Occasionals have virtually the same mobile Internet access in 2007 as in 2005. .
• A majority of MNR and LI RR Customers have visited the MTA'website in the past 30 days, but only a minority know or have bookmarked the MTA website address.
- . Each year, gradually more LlRR Commuters are saying that they have ever visited the MTA website. The trend is similar for MNR Commuters, yet showed a slight decline in 2007.
• A majority of Customers of both rail lines have used the website to access train schedules.
- Commuters and Occasionals of both lines use the MTA website as an information tool, especially for train schedules, information about specific travel destinations, and travel directions.
Incidence of Internet Access
The vast majority of both Metro-North and LlRR Customers have Internet access - with better than six in ten having access both at home and work.
(Base: Total Respondents)
Metro-North Customers LIRR Customers (920/0 Have Internet Access) (900/0 Have Internet Access) .
66% 62%
20% 23% 8%6% 5%
Home Work . Both No Internet Home Work Both No Internet Access Access
01. Do you have access to the Internet at home or at work or both?
Incidence of Mobile Internet Access
Better than four in ten Metro-North Customers report that they have mobile Internet access. About one-quarter o(LlRR Customers have mobile Internet access.
(Base: Total Respondents)
Metro-North Customers LIRR Customers (42% Have Mobile Internet Access) (27% Have Mobile Internet Access)
Access via: Access via: 33%
23CYo 23% 12%
Cell Phone PDA Cell Phone PDA
02. Do you have access to the Internet on a cell phone?
03. Do you have access to the Internet on a PDA?
, .
Inci.dence of Mobile Internet Access (Trended LIRR)
LlRR Customers have virtually the same likelihood of having mobile Internet '" access in 2007 as they had in 2005 .. Slightly more Commuters hav~ Internet access on their cell phone.
(Sase: Total Respondents)
LIRR Customers
Cell Phone ' PDA
Commuters Occasionals Commuters Occasionals
\_ 2005 ~ 2007\
D2. Do you have access to the Internet on a cell phone?
D3. Do you have access to the Internet on a PDA?
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