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HomeMy WebLinkAboutCity of Waterloo Network Equipment and Services RFP FinalWaterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP REQUEST FOR PROPOSAL WATERLOO ENTERPRISE NETWORK EQUIPMENT AND SERVICES City of Waterloo, IA June 2026 Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP Table of Contents 1. INTRODUCTION 2. ADMINISTRATIVE INFORMATION 3. FORM AND CONTENT OF PROPOSALS 4. SCOPE OF WORK 5. SPECIFICATIONS 6. EVALUATION AND SELECTION 7. CONTRACTUAL TERMS AND CONDITIONS Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP SECTION 1 INTRODUCTION 1.1 Purpose The City of Waterloo Department of Information Technology (Owner), is seeking proposals from qualified value-added resellers (VARs) to provide hardware, software, installation, and virtual workload migration services to implement a new enterprise network and compute/storage infrastructure connecting 260 sites and 2 geo-diverse data centers. The Owner is in process of considering a new property for relocation of City Hall including the data center facilities and virtualized workloads currently located there. The Owner is seeking a turnkey solution including all required hardware, software, installation materials, and professional services to implement the network described in this RFP by November 15, 2026. Proposed Solutions that cannot commit to meet this deployment schedule may be disqualified. The Owner wishes to contract with a Seller able to provide the turn-key go-live ready system specified in this RFP. The Owner currently operates systems from Dell, Hewlett Packard/Aruba, Fortinet, VMWare, and TrendNET within their enterprise network and prefers a solution that builds on that installed base and staff experience. Therefore, Proposed Solutions that build on the Owner’s existing expertise with these manufacturers are preferred. Scope of work service requirements are more particularly identified in Section 4 of this RFP. Specifications and compatibility requirements are more particularly identified in Section 5 of this RFP. The City of Waterloo IA (City) has contracted the services of ENTRUST Solutions to manage the selection, procurement, and integration of their new network. All references to “Owner”, “Waterloo Enterprise IT”, and “IT personnel” include both City and ENTRUST staff by extension. The Seller is solely responsible for ensuring all equipment, software, and services required to fully commission the network as described by this RFP and its supporting documents are included in their Proposed Solution. Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP 1.2 Definitions The City of Waterloo IA has made every effort to use industry standard terminology throughout this RFP and to provide clear definitions unique to the context. If the prospective Seller has questions on terminology or context, it is the responsibility of the Seller to request clarification in writing. Likewise, the Seller should define terms that may be unclear in their proposal. The following definitions and clarifications are provided: Term Definition Owner The City of Waterloo enterprise IT department is responsible for operating the network being procured by this RFP. RFP (Request for Proposal) Consists of this requirements document with all its exhibits and attachments. Proposed Solution Defined as all materials, software, licensing, and labor necessary to implement the turn-key system described and required by this RFP. Shall Designates a requirement of the Proposed Solution. VAR (Value Added Reseller) An IT vendor providing a turnkey solution for the Owner including multi-vendor hardware and software along with significant pre-sale and post- sale services. Seller A VAR submitting a Proposed Solution purported to satisfy the requirements of the RFP. Contract The contract(s) entered into with the successful Seller(s) as described in Section 7.1. Qualified Seller A Seller that has the capability in all material respects to perform the scope of work and specifications of the Contract. In determining whether a Seller is a Qualified Seller, the Owner may consider various factors including, but not limited to, the Seller’s bid price, competence and qualifications to provide the goods or services requested, integrity and reliability, the past performance of the Seller and the best interest of the Owner. Qualified Proposal A Proposal that complies with the material provisions of this RFP. ISP (Inside Plant infrastructure) All racks, cable management, power, cooling, electronics, and installation components located inside an environmentally controlled structure. OSP (Outside Plant Infrastructure) Fiber optic cable, vaults, cabinets, pedestals, splice enclosures, and installation components located underground and/or aerially on poles. Project Completion Defined as the time when the Seller has: Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP • delivered, installed, configured, and successfully tested the proposed network, and • provided all required documentation and training, and • received final acceptance from the Owner General Terms and Conditions The General Terms and Conditions for Services Contracts. 1.3 Overview of the RFP Process This RFP is designed to provide Sellers with the information necessary to develop a Proposed Solution. The RFP process is for the Owner’s benefit and is intended to provide the detailed and competitive information required to assist in the selection process. It is not intended to be a comprehensive engineering design. Each Seller is solely responsible for determining all factors affecting the design, configuration, and implementation of a comprehensive proposal that will accomplish the technical and business goals described by this RFP. 1.4 RFP Schedule The Owner will make every effort to adhere to the following schedule leading to the award of a contract; however, this schedule is subject to change. Sellers will be notified of significant schedule changes: Action Responsible Party Target Date Issuance of RFP Owner June 16, 2026 Non-mandatory Pre-Proposal Conference via Microsoft Teams video conference, Owner June 23, 2026 Submission of Questions Sellers June 30, 2026 Submission of Proposals Sellers July 16, 2026 Evaluation of Proposals Owner August 3, 2026 Contract Award (anticipated) Owner August 17, 2026 Desired test sites turn-up Seller/Owner November 2, 2026 1.5 Proposal Submission The Seller shall submit a digital copy of their completed and signed Proposal to Waterloo City Clerk’s Office, 715 Mulberry Street, Waterloo, IA, no later than 1:00 p.m. CT on the designated due date. The Owner reserves the right to reject any and all proposals that are deemed out of compliance with the RFP requirements and to waive any irregularities within a particular proposal. Proposals received after the deadline for submission of proposals as stated herein shall not be considered and shall be returned to the late proposer unopened. Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP 1.6 Project Acceptance The Seller must demonstrate to the Owner full and complete compliance with all requirements in the RFP and successfully complete an Acceptance Test Plan (ATP) to validate the operational performance of the installed network to receive final acceptance for Project Completion. The Owner reserves the right to withhold final payment until the Seller meets all requirements in this RFP to the Owner’s satisfaction. The Seller shall provide as part of their proposal a list of acceptance tests in addition to those in Section 4 that they believe best demonstrate the operation and performance of the Owner network as described in this RFP. The specific acceptance tests and procedures to perform them will be developed jointly by the Owner and Seller during implementation of the network. After completion of the network implementation, the Owner will review the scope of work in Section 4 to determine if the Proposed Solution as installed satisfies the RFP requirements. The Owner will document in writing any deficiencies discovered, and upon the Seller’s completion or correction of these items, the Owner shall authorize final payment to the Seller. 1.7 Deployment Strategy and Schedule To reduce storage space, preserve manufacturer warranties, and prevent premature maintenance expenses, the Seller shall align shipment of the Proposed Solution with the estimated installation schedule. Project Completion shall be defined as the Proposed Solution being fully deployed and operational across City Hall and Public Works data centers, designated city sites and utility/traffic cabinets being connected, virtual workloads migrated to the new compute/storage system, completion of acceptance testing, and delivery of training/documentation. The Owner will install, power, and cross-connect any remaining site and cabinet switches. The Seller shall provide in their Proposal an estimated timeline relative to the contract award date with projected milestones including equipment delivery, high level design, equipment installation, VM workload migration, acceptance testing, and Project Completion. No equipment shall be shipped or invoiced without prior written approval from the Owner. 1.8 Project Contract Requirements The Owner understands that the solution set for Owner can be provided in multiple configurations with differing costs and will therefore evaluate proposals using criteria included in this RFP to select a Seller and award a contract. This RFP with all stated requirements, Seller responses, and clarifications will become part of the final contract. Deviations to the above listed terms and conditions may be considered cause for immediate disqualification of the Seller’s proposal from further consideration, at the Owner’s discretion. 1.9 Bid Bond Requirements The Owner does NOT require a Bid Bond for this project. 1.10 Performance Bond Requirements Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP The Owner does NOT require a Performance Bond for this project. 1.11 RFP Attachments and Exhibits The Proposed Solution should be developed to incorporate the network architecture, service integrations, and traffic capacities described and required by this RFP. A list of Attachments and Exhibits accompanying this RFP to assist the Seller include: • Attachment A - Waterloo Enterprise Network Architecture- provides a high-level conceptual diagram showing the network components, connectivity of components and sites, and the estimated link speeds of the Owner network. • Exhibit A - Point by Point Response – provides for the Seller’s description of, and point-by- point response to, the RFP requirements and specifications. • Exhibit B - Proposal Materials and Pricing – provides the format and tab structure for submission of Seller’s detailed bill of materials, services, and pricing for the Proposed Solution. • Exhibit C – VM Workload Migration Plan and MoP – provides for the Seller’s description of their proposed plan and method of procedure (MoP) to migrate the Owner’s virtual workloads from the existing VMWare host to the new geo-diverse cluster. • Exhibit D – Site Connectivity – provides detail on lateral and ring connections to inform Seller’s port/ring counts, aggregation switch capacities, and transceiver types in the Proposed Solution. Some sections of this RFP require a description of the Proposed Solution and a point-by-point response to the specifications. The Seller shall describe their Proposed Solution for each section of Exhibit A - Point by Point Response and identify its level of compliance with any requirements listed. Compliance shall be indicated with “Y” = Yes, “P” = Partial, or “N” = No for each item. The terms “Understood” and “Read and Understood” are unacceptable. The point-by-point response provided by the Seller shall be for the system as proposed and shall reflect the costs included in Exhibit B – Proposal Materials and Pricing. The Seller shall only indicate Compliant to items qualified with “Support” if the Proposed Solution includes all the necessary components to satisfy the requirement. The Seller shall only indicate Compliant to Items qualified with “Option” if it is generally available from the manufacturer. Otherwise, they shall indicate “P” or “N” as the case may be to that requirement. The proposed plan and MoP for VM workload migration described in Exhibit C – VM Workload Migration Plan and MoP shall provide enough detail to clearly communicate the required tasks and expected timeline for pre-migration planning, migration MoP, and post-migration validation/testing of all documented workloads to the new compute/storage solution. Exhibit D – Site Connectivity is an Excel workbook that contains detailed information for each connected site to assist the Seller in calculating switch port capacity, throughput, link speeds, and transceiver types for their proposed solution. In addition, it provides fiber termination/cross-connect information for each site within the data centers. The tab “Legend” provides definition for the data contained in the relevant columns of tab Sites. Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP SECTION 2 ADMINISTRATIVE INFORMATION 2.1 Restriction on Communication From the issue date of this RFP until a Notice of Intent to Award the Contract is issued, Sellers may contact only the Issuing Officer, Chris Youngblut, Director of Technology. The Issuing Officer will respond only to written questions regarding the procurement process. Questions related to the interpretation of this RFP must be submitted as provided in Section 2. Oral questions related to the interpretation of this RFP will not be accepted. Sellers may be disqualified if they contact any City of Waterloo employee or official other than the Issuing Officer about the RFP. This section shall not be construed as restricting communications related to the administration of any contract currently in effect between a Seller and the City of Waterloo. 2.2 Downloading the RFP from the Internet The RFP document and any addenda to the RFP will be posted at the Waterloo municipal government bids website. The Seller is advised to check the website periodically for Addenda to this RFP. It is the Seller’s sole responsibility to check daily for addenda to posted documents. 2.3 Procurement Timetable The dates provided in the procurement timetable within this RFP are provided for informational and planning purposes. The City reserves the right to change the dates. If the City changes any of the deadlines for Seller submissions, the City will issue an addendum to the RFP. 2.4 Non-Mandatory Pre-Proposal Conference The City will receive sealed proposals for the above-named project until 1:00 PM CT on July 16, 2026, at the Office of the City Clerk, City Hall, 715 Mulberry Street, Waterloo, IA 50703. Any sealed proposal received after the specified time and date will not be considered. A Non-Mandatory Pre-Bid Conference will be held at 10:00 am CT on June 23, 2026, at Mollenhoff Conference Room, City Hall, 715 Mulberry Street, Waterloo, IA 50703 in person or join via Microsoft Teams video conference, Inquiries For Information Should Be Directed to: Chris Youngblut via email only at: chris.youngblut@waterloo-ia.org. All questions must be submitted via e-mail before 5:00 pm CT on June 30, 2026. RFP documents may be examined at the City Clerk’s Office. Electronic copies of RFP documents in PDF format are available for download on the the Waterloo municipal government bids website. It shall be the responsibility of the Seller to monitor the City’s website and above noted e-procurement websites for published addenda. All fully executed addendum must be returned to the City with proposal submission. The City will not accept faxed or emailed addenda. In Compliance with this RFP and to All the Conditions Imposed Therein and Hereby Incorporated by Reference, the Undersigned Offers, And Agrees to Furnish Services requested in the solicitation. Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP The pre-bid conference may be recorded. Questions asked at the conference that cannot be adequately answered during the conference may be deferred. A copy of the questions and answers will be sent to Sellers who submit a letter of intent to propose and will be posted in the form of an addendum at: the Waterloo municipal government bids website. 2.5 Questions, Requests for Clarification, and Suggested Changes Sellers are invited to submit written questions and requests for clarifications regarding the RFP. Sellers may also submit suggestions for changes to the specifications of this RFP. The questions, requests for clarifications, or suggestions must be in writing and received by the Issuing Officer on or before the date and time listed within the RFP. Oral questions will not be permitted. If the questions, requests for clarifications, or suggestions pertain to a specific section of the RFP, Seller shall reference the page and section number(s). The City will send written responses to questions, requests for clarifications, or suggestions received from Sellers before the date listed within the RFP. The City’s written responses will become an addendum to the RFP and be provided to all potential Sellers. If the City decides to adopt a suggestion that modifies the RFP, the Owner will issue an addendum to the RFP. The Owner assumes no responsibility for oral representations made by its officers or employees unless such representations are confirmed in writing and incorporated into the RFP through an addendum. 2.6 Amendment to the RFP The City reserves the right to amend the RFP at any time using an addendum. The Seller shall acknowledge receipt of all addenda in its Proposal. 2.7 Amendment and Withdrawal of Proposal The Seller may amend or withdraw and resubmit its Proposal at any time before the Proposals are due. The amendment must be in writing, signed by the Seller and received by the time set for the receipt of Proposals. Electronic mail and faxed amendments will not be accepted. Sellers must notify the Issuing Officer in writing prior to the due date for Proposals if they wish to completely withdraw their Proposals. 2.8 Proposal Opening The City will open Proposals at 1pm CT on the Proposal due date. The Proposals will remain confidential until the City has issued a Notice of Intent to Award a Contract. However, the names of Sellers who submitted timely Proposals will be publicly available after the Proposal opening. The announcement of Sellers who timely submitted Proposals does not mean that an individual Proposal has been deemed technically compliant or accepted for evaluation. 2.9 Costs of Preparing the Proposal The costs of preparation and delivery of the Proposal are solely the responsibility of the Seller. 2.10 No Commitment to Contract The City reserves the right to reject any or all Proposals received in response to this RFP at any time prior to the execution of the Contract. Issuance of this RFP in no way constitutes a commitment by the City to award a contract. Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP 2.11 Rejection of Proposals The City may reject outright and not evaluate a Proposal for reasons including, without limitation: 2.11.1 The Seller fails to deliver a complete Proposal. 2.11.2 The Seller acknowledges that a mandatory specification of the RFP cannot be met. 2.11.3 The Seller’s Proposal changes a material specification of the RFP or the Proposal is not compliant with the mandatory specifications of the RFP. 2.11.4 The Seller’s Proposal limits the rights of the Owner. 2.11.5 The Seller fails to include information necessary to substantiate that it will be able to meet a specification of the RFP as provided in Section 5 of this RFP. 2.11.6 The Seller fails to timely respond to the City’s request for information, documents, or references. 2.11.7 The Seller presents the information requested by this RFP in a format inconsistent with the instructions of the RFP or otherwise fails to comply with the specifications of this RFP. 2.11.8 The Seller initiates unauthorized contact regarding the RFP with a City employee or official other than, Chris Youngblut, Issuing Officer. 2.11.9 The Seller provides misleading or inaccurate responses. 2.11.10 The Seller’s Proposal is materially unbalanced. 2.11.11 There is insufficient evidence (including evidence submitted by the Seller and evidence obtained by the City from other sources) to satisfy the City that the Seller is a Qualified Seller. 2.12 Reference Checks The City reserves the right to contact any reference to assist in the evaluation of the Proposal, to verify information contained in the Proposal and to discuss the Seller’s qualifications and the qualifications of any subcontractor identified in the Proposal. 2.13 Information from Other Sources The City reserves the right to obtain and consider information from other sources concerning a Seller, such as the Seller’s capability and performance under other contracts, the qualifications of any subcontractor identified in the Proposal, the Seller’s financial stability, past or pending litigation, and other publicly available information. 2.14 Verification of Proposal Contents Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP The content of a Proposal submitted by a Seller is subject to verification. If the City determines in its sole discretion that the content is in any way misleading or inaccurate, the City may reject the Proposal. 2.15 Proposal Clarification Process The City reserves the right to contact a Seller after the submission of Proposals for the purpose of clarifying a Proposal. This contact may include written questions, interviews, site visits, a review of past performance if the Seller has provided goods and/or services to the City of Waterloo or any other political subdivision wherever located, or requests for corrective pages in the Seller’s Proposal. The City will not consider information received from or through Seller if the information materially alters the content of the Proposal or the type of goods and/or services the Seller is offering to the City. An individual authorized to legally bind the Seller shall sign responses to any request for clarification. Responses shall be submitted to the City within the time specified in the City’s request. Failure to comply with requests for additional information may result in rejection of the Proposal. 2.16 Disposition of Proposals All Proposals become the property of the City and shall not be returned to the Seller. Once the City issues a Notice of Intent to Award the Contract, the contents of all Proposals will be public records available for inspection by interested parties. 2.17 Copyright Permission By submitting a Proposal, the Seller agrees that the City may copy the Proposal for purposes of facilitating the evaluation of the Proposal or responding to requests for public records. By submitting a Proposal, the Seller consents to such copying and warrants that such copying will not violate the rights of any third party. The Owner shall have the right to use ideas or adaptations of ideas that are presented in Proposals. 2.18 Release of Claims By submitting a Proposal, the Seller agrees that it will not bring any claim or cause of action against the City based on any misunderstanding concerning the information provided in the RFP or concerning the City’s failure, negligent or otherwise, to provide the Seller with pertinent information in this RFP. 2.19 Evaluation of Proposals Submitted Proposals that are submitted on time and not rejected will be reviewed and evaluated in accordance with Section 6 of the RFP. The City will not necessarily award a Contract resulting from this RFP to the Seller offering the lowest cost. Instead, the City will award the Contract(s) to the Qualified Seller(s) whose Qualified Proposal the Owner believes will provide the best value to the City. 2.20 Award Notice and Acceptance Period Notice of Intent to Award the Contract(s) will be sent to all Sellers submitting a timely Proposal and may be posted at the website listed within the RFP. Negotiation and execution of the Contract(s) shall be completed no later than thirty (30) days from the date of the Notice of Intent to Award or such other time as designated by City. The Seller’s form of contract may be utilized and the City reserves the right to Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP negotiate the terms of the agreement. If the successful Seller fails to negotiate and deliver an executed Contract by that date, the City, in its sole discretion, may cancel the award and award the Contract to the remaining Seller the Owner believes will provide the best value to the City. 2.21 No Contract Rights until Execution No Seller shall acquire any legal or equitable rights regarding the Contract unless and until the Contract has been fully executed by the successful Seller and the City. 2.22 Choice of Law and Forum This RFP and the Contract shall be governed by the laws of the State of Iowa. Changes in applicable laws and rules may affect the award process or the Contract. Sellers are responsible for ascertaining pertinent legal requirements and restrictions. Any and all litigation or actions commenced in connection with this RFP shall be brought in the appropriate Iowa forum. 2.23 No Minimum Guaranteed The City does not guarantee any minimum level of purchases under the Contract. Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP SECTION 3 FORM AND CONTENT OF PROPOSALS 3.1 Instructions These instructions prescribe the format and content of the Proposal. They are designed to facilitate a uniform review process. Failure to adhere to the Proposal format may result in the rejection of the Proposal. 3.2 Submission of Proposals The Seller shall submit an electronic copy of their proposal on a flash drive that includes: • an executive summary of the Proposed Solution • a diagram of the Proposed Solution showing the components, connectivity, and link speeds • proposed rack elevations showing equipment power connections and breaker requirements • a completed copy of Exhibit A - Point by Point Response • a completed copy of Exhibit B – Proposal Materials and Pricing • a completed copy of Exhibit C – VM Workload Migration Plan and MoP • a completed copy of Exhibit D – Site Connectivity • any other pertinent documentation such as data sheets, diagrams, and training catalogs • references and contact information The electronic copy shall be submitted in the most appropriate format of each item including MS Word, MS Excel, MS Visio, and/or Adobe Acrobat formats. All Exhibits required in the submission shall be completed and submitted in the format they were provided in the RFP. Sellers submitting incomplete or materially deficient proposals may be disqualified. 3.3 References and Contact Information The Owner requires sufficient corporate, financial, and reference information to adequately assess the qualifications of the Seller to sell, install, and support the Proposed Solution. The reference information will be used by the Owner to differentiate between Sellers with similar Proposed Solutions, and shall be provided in a separate document including the following information: Corporate Information The Seller shall provide an overview of their corporate structure. The overview should address the following specific items: • Name, address, and contact information of the Company and representative • Company History and Formation • Ownership (Public or Privately Held) • Number of Employees • Organizational chart of the management and implementation teams for the project • A detailed history of all mergers or acquisitions (if applicable). • Seller’s financial condition and supporting documentation (ie. audited annual reports, etc.) Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP Implementation Experience Seller shall provide a brief summary of their experience implementing and supporting municipal IT networks, compute/storage systems, and workload migrations including the following: • Implementations of municipal networks with similar architectures • List of certifications relative to the Proposed Solution held by the implementation team • List of partner certifications relative to the Proposed Solution held by the Seller • Proven experience in VMware infrastructure design and workload migration • Familiarity with VMware SRM and vSAN technologies • Experience migrating workloads in the context of VMWare replacement Sellers with specialization in HPE/Aruba, VMWare, Fortinet, and Dell/EMC products are preferred. Copies of formal manufacturer-conferred certifications including the certification name, description, requirements, and date of award/renewal should be provided in the Seller’s response. The Seller shall submit a list of three (3) references who have deployed similar networks and compute/storage architectures within the last three (3) years. The reference information shall include the company name with dates of implementation along with the name, address, and phone number of the individual(s) that may be contacted at the company. The Seller shall provide a summary of their Proposed Solution for this section and indicate its compliance with each of the requirements in Exhibit A – Point by Point Response. 3.4 Termination, Litigation, Debarment 3.4.1 The Seller must provide any information regarding contract termination, litigation, and debarment for the past five (5) years 3.4.2 Has the Seller had a contract for goods and/or services terminated for any reason? If so, provide full details regarding the termination. 3.4.3 Describe any damages or penalties assessed against or dispute resolution settlements entered into by Seller under any existing or past contracts for goods and/or services. Provide full details regarding the circumstances, including dollar amount of damages, penalties and settlement payments. 3.4.4 Describe any order, judgment or decree of any Federal or State authority barring, suspending or otherwise limiting the right of the Seller to engage in any business, practice or activity. 3.4.5 A list and summary of all litigation or threatened litigation, administrative or regulatory proceedings, or similar matters to which the Seller or its officers have been a party. 3.4.6 Any irregularities discovered in any of the accounts maintained by the Seller on behalf of others. Describe the circumstances and disposition of the irregularities. Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP 3.4.7 Failure to disclose these matters may result in rejection of the Proposal or termination of any subsequent Contract. The above disclosures are a continuing requirement of the Seller. Seller shall provide written notification to the Owner of any such matter commencing or occurring after submission of a Proposal, and with respect to the successful Seller, following execution of the Contract. 3.5 Payment Methods 3.5.1 Seller agrees to submit monthly invoices and accept payment in the form of check or ACH. 3.6 Acceptance of Terms and Conditions By submitting a Proposal, Seller acknowledges its acceptance of the terms and conditions of the RFP and the General Terms and Conditions without change except as otherwise expressly stated in its Proposal. If the Seller takes exception to a provision, it must identify it by page and section number, state the reason for the exception, and set forth in its Proposal the specific RFP or General Terms and Conditions language it proposes to include in place of the provision. If Seller’s exceptions or responses materially alter the RFP, or if the Seller submits its own terms and conditions or otherwise fails to follow the process described herein, the Owner may reject the Proposal, in its sole discretion. 3.7 Firm Proposal Terms The Seller shall guarantee in writing the goods and/or services offered in the Proposal are currently available and that all Proposal terms, including price, will remain firm for the number days indicated on the RFP cover sheet 90 days following the deadline for submitting Proposals. 3.8 Proposal Shall Include Only Generally Available Equipment and Software a) All Seller supplied programs and software must be field operational before the date the proposal is submitted. b) Demonstrations must utilize the proposed equipment, programs or software precisely as proposed. c) Unless otherwise specified in the specifications, all items on which a Seller submits a proposal must be new, of the latest model or manufacture, and be at least equal in quality to that specified in the bidding documents. 3.9 Seller Required to Identify Patented Items, and Copyrighted Text, Information, Data, or Software Included in Its Proposal; Seller Required to Include with Its Proposal any Licenses that Owner Will be Expected to Execute. Sellers shall identify any patented equipment, processes, materials, or hardware, or any copyrighted text, information, data, or software that it proposes to supply as part of the goods or services it is required to provide under the RFP. Every Seller shall likewise identify the licensing agent for the patented or copyrighted items, and shall provide with its proposal a copy of any licensing or user agreement that the Owner will be expected to execute for the use of patented equipment, processes, materials, or hardware, or copyrighted text, information, data, or software included in a proposal, as well as the anticipated cost to the Owner, if any, for use under a license or agreement. The Seller to whom the contract is awarded warrants that the intellectual property Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP rights of third parties (e.g. copyright, trademark, or patent) will not be violated by the Seller's or the Owner's use of any equipment, process or service provided in response to the RFP. Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP SECTION 4 SCOPE OF WORK The Seller shall provide the services to the Owner in accordance with the requirements of this Scope of Work (SoW) and indicated in their response to Exhibit A-D. It is the Seller’s responsibility to ensure full interoperability of all proposed hardware, software, and protocols required for the network described in this RFP. All planning and tasks required by this section shall begin upon award of a contract to the Seller. The Proposed Solution must include professional services to fully commission the network including, but not limited to: 4.1 Pre-installation Site Survey (Onsite) • Evaluate readiness of data centers, LAN sites, and ring sites for equipment installation • Evaluate rack elevations • Evaluate power, distribution, and receptacle types • Evaluate fiber distribution panel locations and connector profiles • Evaluate current compute/storage hardware, software, and virtual workloads • Evaluate current backup system hardware, software, and operations • Identify required fiber strands/ports • Verify availability of direct Internet access (DIA) services • Develop a list of installation materials and procurement plan o Fiber and copper jumper cables o Equipment power wiring, fusing, and grounding components o Equipment mounting hardware o Power whips and power distribution units (PDUs) o Determine sourcing for procurement • All power whips provided by the Seller shall be rated for use in a data center environment and shall be halogen-free, low smoke cables. The Seller shall adhere to all NEC and TIA/EIA-942 grounding and bonding requirements for the proposed equipment installation. • Provide pre-migration planning requirements to Owner for VMWare workload migrations. • Assist Owner in creating BoM for procurement of installation materials. 4.2 High Level Configuration Design – (Remote) • Conduct interactive logical network and compute/storage design sessions with Owner • Define requirements for transport architecture • Define requirements for L2/L3 services and QoS • Define requirements for ERPS network major and sub-rings • Define requirements for routing protocols • Define IPv4/v6 subnets, numbering plans, and address assignments • Define requirements for geo-diverse compute/storage architecture • Define requirements for virtual machine configurations • Develop a detailed virtual workload migration plan with timelines and milestones • Define requirements for backup/restore of new compute/storage system and endpoint devices • Define strategy for recovery of VMs, endpoint devices, and disaster events • Define management network requirements and design Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP • Create network planning document (NPD) using inputs from interactive design sessions • Validate and finalize NPD with Owner 4.3 Installation and Configuration of Network Equipment – (Onsite) • Install power whips and PDUs • Rack/Stack/Power equipment in data centers • Rack/Stack/Power equipment in designated city department and ring sites • Install fiber jumpers and cabling as required by the NPD • Coordinate with internet providers to turn-up and test DIA services • Develop low level configurations and documentation • Install latest stable release software • Create and load individual device configurations • Validate and test low-level design and device configurations 4.4 Installation and Configuration of Compute/Storage Equipment (Onsite) • Install and configure compute/storage system across data center sites • Create and configure resources required for virtual workload migrations • Migrate virtual workloads with minimal downtime • Ensure data integrity and consistency during the transition • Implement failover and failback tests to ensure disaster recovery readiness • Install and configure backup/restore system to support site recovery 4.5 Installation and Configuration of Management Network – (Onsite) • Create virtual machines for management software • Install and configure alarm monitoring software • Install and configure performance monitoring software • Install and configure logging software • Provide DHCP, DNS, and IP address (DDI) configuration requirements to Owner staff. • Install and configure out-of-band management hardware and software • Coordinate and assist with installation and configuration of Owner-supplied firewalls 4.6 Acceptance Testing Plan (ATP) – (Onsite) • Specific acceptance tests to be developed cooperatively by Owner and Seller • Simulate component and link failures to ensure proper operation of hardware and software redundancy mechanisms • Verify operations of all L2/L3/services failover and high availability functionality • Configure and test DIA service failover and verify route updates • Perform end-to-end testing to validate network performance • Verify performance of compute/storage system and virtual machines o Test hardware fault tolerance o Test VM operation and fault tolerance Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP o Test application performance o Test VM replication, snapshot, and backup operations • Provide ATP performance report including each test, execution methodology, corrective actions, and results. 4.7 Training – (Onsite and/or Remote) • Seller shall provide “Day 2” operational training on: o hardware configuration o L2/L3 services and IP routing o compute/storage hypervisor functionality o backup/restore system operation o network and application performance monitoring o high-level troubleshooting techniques o management network o firewall management o ring management and troubleshooting o IPAM operation, alarm monitoring, and logging 4.8 Documentation – (Deliverables) • Cable, panel, and equipment labeling • Detailed documentation of network (format to be determined) o Rack elevations o Power, fiber, copper cross-connects o Detailed L2 and L3 network diagrams o Shelf level diagrams o IP address and subnet assignments o Subscriber IP address pools for DHCP • Electronic backups of all element configurations on portable media • Detailed documentation of the new compute/storage environment The Seller shall deliver and maintain a detailed project plan with timelines to deploy the new infrastructure within 7 days of the project kick-off meeting. The Seller shall deliver a detailed VM migration plan with timelines within 7 days of the pre-installation site survey. For purposes of this proposal, tasks marked “Onsite” should include travel in the professional services pricing. Owner reserves the right to coordinate with the Seller to modify the services and their delivery to reduce their overall cost. Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP SECTION 5 SPECIFICATIONS 5.1 Overview The City of Waterloo desires to procure equipment and services to deploy a new IT infrastructure connecting 260 city, utility, and traffic sites to 2 geo-diverse data centers and to migrate production applications from a single VMWare system to redundant compute/storage clusters. The Proposed Solution must include all the hardware, software, and services necessary for the Seller to provide the turn-key solution, implementation, documentation, and operational training described in this RFP. Should the Owner decide to relocate City Hall to the new facility, the Proposed Solution shall include components for temporary connectivity of the existing City Hall data center to the new core network until it is abandoned in mid-2027 for migration of IT services. The Owner desires a solution that builds on their working experience, spares, and maintenance practices with HP/Aruba, TRENDnet, Dell/EMC equipment, Fortinet, and VMWare. Proposals must identify any deviations and/or non-compliance with the specifications. If the Seller deviates from or cannot satisfy the specification(s) of this RFP, the Owner may reject the Proposal. The Seller shall be solely responsible for ensuring the Proposed Solution contains all the necessary components to support the specifications of this RFP, is configured with sufficient port capacity and software features for the architecture and connectivity described, is fully interoperable regarding components and protocols used to deploy the network, and serves the application requirements described in this RFP. 5.2 Architecture The physical network architecture will connect a total of 263 city sites consisting of 54 offices and parks, 76 utility cabinets, 130 traffic signal controllers with surveillance cameras, 2 data center sites located in the Public Works and City Hall buildings, and possibly the existing data center for migration of IT services to a new City Hall facility. The two data centers will be connected in a physical ring over a 288-count fiber backbone and will contain aggregation switches connecting the 54 offices and parks over fiber laterals and the 206 utility/traffic sites over fiber rings. The offices and parks will connect to one or both data centers depending on the fault tolerance requirements of each. This RFP will designate connected sites as P1 for the data centers, P2 for sites with two lateral uplinks to both data centers (redundant), P3 for sites with one lateral uplink to one data center (non- redundant), or P4 for a ring site. Refer to Attachment A and Attachment D for the total counts of P2, P3, and P4 sites connecting to each of the two P1 data centers for sizing of core/aggregation switch port capacity. The new compute/storage solution for hosting city applications will consist of two VMWare vSphere clusters located within the data centers. All hardware will be configured for component fault-tolerance. The logical network architecture will consist of a 100Gbps routed core connecting city sites to the distributed compute/storage clusters and direct Internet access (“DIA”) services. City office sites will connect to one (P3) or both (P2) data centers over 10Gbps uplinks using L3 protocols. Utility/traffic sites (P4) will connect over eighteen (18) 1Gbps rings using ITU G.8032v2 Ethernet Ring Protection Switching (ERPS). Each ring will contain no more than 16 nodes and connect through both data centers to provide fault tolerance in the event of an aggregation switch failure. The new compute/storage Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP solution will host city application workloads migrated from the existing VMWare system and network management software for DNS/DHCP, alarm/performance monitoring, and logging. All network links, protocols, and services shall be configured for Layer 2/3 fault-tolerant operations in the event of an individual link or component failure. 5.3 IP Service Edge The IP service edge will be configured to support redundant Direct Internet Access (DIA) services over 10GE links using IPv4 and BGP. The Owner network will be configured as dual-stack IPv4/IPv6 to simultaneously support IPv4 and IPv6 services. 5.4 Core/Aggregation Network The core/aggregation network shall be configured to support the link types, capacities, and configurations shown in Attachment A and the additional specifications in this section. The core equipment shall consist of HPE 8360 or equivalent routers located at both City Hall and Public Works, connected in a 100GE routed ring. The aggregation equipment shall consist of HPE 6300 or equivalent switches with 50GE uplinks to the core network and 1GE/10GE links to the city endpoint sites and ERPS rings. The core equipment shall support bi-directional switching throughput of 4.8Tbps and shall include a minimum integrated port mix of 12x 1/10/25/50GE and 4x 40/100GE. Each router shall be configured with redundant AC power supplies. The aggregation equipment shall support bi-directional switching throughput of 1.76 Tbps switching capacity, 400 Gbps stacking bandwidth, and shall include a minimum integrated port mix of 24x 1/10GE and 4x 1/10/25/50GE. Each router shall be configured with redundant AC power supplies. The operating software shall include support for OSPF and BGP routing, multi-chassis LAG, dynamic VXLAN, and ITU G.8032v2 ERPS. The aggregation equipment at each P1 site must be equipped with the following optical SFP/SFP+ types and counts for connectivity of city sites as detailed in Exhibit D – Site Connectivity: The Seller shall provide a summary of their Proposed Solution for this section and indicate its compliance with each of the requirements in Exhibit A – Point by Point Response. Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP 5.5 Access Network The access network shall be configured to support the port/ring counts, link types, capacities, and configurations shown in Attachment A and the additional specifications in this section. The Proposed Solution shall serve two different access architectures including Ethernet Line Service (E-Line) for city office site connections and Ethernet Ring Protection Switching (ERPS) for utility/traffic site connections. The E-Line access network shall contain HPE 6200M or equivalent switches at the office and park sites connected over 1/10Gb links to the aggregation network. The E-Line switches shall support dual AC power supplies and support a minimum integrated port mix of 48x 1000BASE-T PoE+ ports and 4x 10GE SFP+ ports. City office sites are designated as P2 or P3 connections for protected and unprotected uplink to the aggregation network. The P2 sites will have fiber connections to each of the two data centers for geo-diverse redundancy. The Seller shall assist the Owner in the installation of up to five city sites in the Proposed Solution. In addition, the Seller shall provide optional per-site pricing to install additional city sites while they are onsite. The ERPS access network shall contain TRENDnet TI-PG102i or equivalent hardened switches at the utility/traffic (P4) sites connected over eighteen (18) 1Gb physical rings to the aggregation network for uplink of signal controllers, SCADA devices, and surveillance cameras in non-environmentally controlled cabinets. The utility/traffic switches shall support DIN rail powering and shall include a minimum integrated port mix of 8x 1000Base-T PoE+ ports and 2x SFP+ ports. Each physical ring shall contain no more than 16 nodes including the aggregation switches at each of the two data centers and shall be configured using ITU G.8032 v2 sub-rings connecting to major rings in the core network. The rings will interconnect between the data centers over 10GE trunk ports, and to the core network through routed interfaces on each ring at each data center. The Owner currently sources these switches but will consider sourcing through the Seller depending on price and availability. The Seller shall assist the Owner in the installation, configuration, and testing of up to five ERPS rings and their connected nodes in the Proposed Solution. In addition, the Seller shall provide optional per-ring pricing to install additional ERPS rings while they are onsite. The WAN SFP/SFP+ type and bandwidth of the access equipment may be derived from Exhibit D – Site Connectivity. All P2/P3/P4 fiber lateral distances are <10km, and connection of the access links to the aggregation equipment at each P1 site shall be distributed equally across the available equipment. The Seller shall provide a summary of their Proposed Solution for this section and indicate its compliance with each of the requirements in Exhibit A – Point by Point Response. 5.6 Compute/Storage Network The Owner currently maintains a single VMware cluster with three ESXi hosts and one VCenter instance running vSphere 8 Standard. The host serves 40+ virtual machines (VMs) running various workloads with a local storage area network (SAN) and a basic networking setup. The current environment has no capabilities for failover or fault tolerance. The Seller shall supply and install a fully redundant dual-cluster VMWare solution to replace and migrate the existing cluster at the existing City Hall data center and a backup/recovery solution. The Seller will assist the Owner in migrating the VMware environment and workloads from the existing compute/storage cluster to the Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP new geographically redundant infrastructure. This initiative aims to enhance system availability, disaster recovery capabilities, and overall operational resilience. The new compute/storage architecture will consist of: • Two VMware clusters across two geographically separated sites • Implementation of VMware vCenter Server for centralized management • A shared storage solutions with redundancy (e.g., VMware vSAN) • Advanced networking configurations supporting failover and load balancing • Integration with disaster recovery tools such as VMware Site Recovery Manager (SRM) • A solution supporting full backup and recovery of the virtual environment and other endpoints The Seller shall provide two options for storage that are appropriately configured for geo-diverse redundancy and support of the specified workloads. Option 1 shall consist of a Dell EMC solution configured as an upgrade to the current Dell EMC system and will be evaluated on its price and compatibility with the Owner’s current staff experience and maintenance processes. Option 2 shall consist of a next-generation solution providing an all-flash, unified platform capable of handling block, file, and object workloads with integrated compute convergence options for hybrid environments. It shall support non-disruptive upgrades via a subscription model, deliver high data reduction ratios through global deduplication and compression, ensure zero RPO/RTO replication for mission-critical applications, and incorporate cloud-native orchestration for containerized deployments. The system must achieve superior energy efficiency (at least 80% reduction in power usage versus legacy systems), predictive management via AI analytics, and guaranteed six-nines availability. Capacity and performance scaling must be independent, with built-in sustainability monitoring to minimize environmental footprint. The Seller shall provide a comprehensive backup and restore solution fully integrated with vCenter Server for centralized management. The backup solution shall support agentless protection of virtual machines with application-aware processing, Changed Block Tracking (CBT), instant VM recovery, granular file and application item restore, replication for disaster recovery between data centers, automated verification of recovery points, and low RPO/RTO for critical workloads including public safety and SCADA-related applications. It shall provide endpoint backup and restore for Windows and macOS physical and virtual devices including full system image, bare-metal recovery, file-level backup, source-side deduplication, compression, and incremental processing. It shall also include selective secure backup for Android and iOS mobile devices with integration to enterprise MDM platforms where applicable. The solution shall support backup to local storage media and integration with cloud storage services. All backups shall employ AES-256 encryption for data in transit and at rest, immutable storage capabilities, ransomware protection features including anomaly detection and air-gapped/immutable copies, and support for the 3-2-1 backup rule with verified recovery points and integration with cloud storage services. The system shall feature high-availability management across both data centers with automatic failover, centralized web-based console with role-based access control, multi-factor authentication, auditing, alerting, and compliance support for CJIS, NIST, and governmental data protection standards. Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP The Seller shall provide a summary of their Proposed Solution for this section and indicate its compliance with each of the requirements in Exhibit A – Point by Point Response. 5.7 Management and Security The Proposed Solution shall include components for network monitoring, element management, log management, and out-of-band access. The network will be protected by a pair of existing Fortinet firewalls in a high-availability production configuration at the IP edge. The firewalls will be configured by the Owner and will be used to provide remote virtual private network (VPN) access for Seller’s implementation of the network. The network monitoring solution (NMS) shall be an SNMP-based system providing automatic network discovery, device and protocol support for all equipment in the Proposed Solution, a customizable alarm management and alerting system with multiple avenues of notification, comprehensive performance monitoring including device and traffic statistics, service monitoring of OSI Layer 4 network services, a mobile-friendly web interface, customizable dashboards and visualization tools, collection and storage of device configurations, native iOS and Android apps, and access control for user/group security management. The element management solution (EMS) shall provide access to device configuration, properties, telemetry data, and software updates of the network hardware through a web-based UI and mobile app. The EMS may be premise or cloud based. The log management solution (LMS) shall be an open-source platform with a commercial enterprise upgrade path. The solution shall provide centralized log management, multiple common log formats, advanced search across large volumes of log data, configurable data retention policies, creation of dashboards to visualize log data trends, alert configurations based on custom log content and conditions, and notifications via multiple common methods. The proposed management network shall include an LTE-based out-of-band access solution (OAS) with support for both Ethernet and serial console ports, configured to support all core, aggregation, and business network equipment at the two data centers. The equipment shall be AC powered, and the Seller shall provide the power loading requirements necessary for the Owner to supply battery backup support. The Owner currently uses Microsoft Active Directory for DNS, DHCP, and IP address management (DDI), but is interested in considering alternative solutions. In this context, the Seller shall propose an optional DDI solution that provides automated subnet discovery, IP scanning, IP address history tracking/viewing, and IP address conflict management. The system shall provide integration with SolarWinds User Device Tracker to facilitate DHCP troubleshooting using device and switch port information. The system shall be deployed on a compute/storage VM and shall support VMware Aria Automation Orchestrator for IP address assignments in virtual environments. Pricing for this optional component shall be included in Exhibit B tab 5.7 under the total line and will not count toward evaluation of the bid pricing. Should the Owner not elect to purchase this optional solution, the Owner will be responsible for configuration of DDI services as required by the Seller for implementation of the Proposed Solution. Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP The Seller shall provide a summary of their Proposed Solution for this section and indicate its compliance with each of the requirements in Exhibit A – Point by Point Response. 5.8 Warranty, Maintenance, and Technical Support Owner shall require maintenance and support services including hardware repair/replace, software fix/features, and technical support for all components in the Proposed Solution. Owner requires 24 x 7 access to a manufacturer-certified technical support center (TAC) and major/maintenance software releases for each of the proposed components. Owner shall require next business day hardware replacement and TAC access for fault resolution during business hours with option for hourly extension. All critical core/aggregation and compute/storage components shall include spare parts for items that can be field replaced. Optical transceivers shall include one manufacture-branded spare for each type of transceiver in the Proposed Solution. Maintenance and support services shall be quoted for 1-year, 3-year, and 5-year terms. Manufacturer warranty on hardware components shall be a minimum of 1 year from delivery to Owner. The Seller shall provide a summary of their Proposed Solution for this section and indicate its compliance with each of the requirements in Exhibit A – Point by Point Response. Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP SECTION 6 EVALUATION AND SELECTION 6.1 Introduction This section describes the evaluation process that will be used to determine which Proposal(s) provides the greatest value to the Owner. Owner will not necessarily award the Contract to the Seller offering the lowest cost to the Owner. Instead, the Owner will award to the Seller whose Qualified Proposal the Owner believes will provide the best value to the Owner. 6.2 Evaluation Committee The Owner will conduct a comprehensive, fair, and impartial evaluation of Proposals received in response to this RFP. The Owner will use an evaluation committee to review and evaluate the Technical Proposals. The evaluation committee will recommend an award based on the results of their evaluation to the Owner or to such other person or entity who must approve the recommendation. 6.3 Proposal Evaluation and Scoring The evaluation of the proposals and any requested oral presentations will be based on the following criteria: 1. Overall Price (lowest cost / proposal cost) 0-30 points 2. Exhibit A - Point by Point Response Compliance Score (Y=1; P=0.5; N=0 sum of all items / total items) 0-30 points 3. Exhibit C – VM Workload Migration Planning and MoP tasks and timeline are clear, thorough, and considerate of the Owner’s operating environment. 0-15 points 4. Section 1 response thoroughness (-1 point for each unfulfilled requirement) 0-10 points 5. Section 3 response thoroughness (-1 point for each unfulfilled requirement) 0-15 points TOTAL POINTS AWARDED 0-100 points Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP SECTION 7 CONTRACT TERMS AND CONDITIONS 7.1 Contract Terms and Conditions The Contract that the Owner expects to award as a result of this RFP shall comprise all or the specifications, terms and conditions of the RFP, written clarifications or changes made by the Owner to the RFP through an amendment to the RFP in accordance with the provisions of the RFP, the General Terms and Conditions, the offer of the successful Seller contained in its Proposal, and any other terms deemed necessary by the Owner. No objection or amendment by a Seller to the provisions or terms and conditions of the RFP or the General Terms and Conditions shall be incorporated into the Contract unless Owner has explicitly accepted the Seller’s objection or amendment in writing. The Owner reserves the right to either award a Contract(s) without further negotiation with the successful Seller or to negotiate Contract terms with the successful Seller if the best interests of the Owner would be served. 7.2 Contract Length The term of the Contract will be for three (3) years. The Owner shall have the sole option to renew the Contract upon the same or more favorable terms and conditions. 7.3 Insurance The Contract will require the successful Seller to maintain insurance coverage(s) in the minimum amounts set forth below, unless otherwise required by the Owner. Type of Insurance LIMIT AMOUNT General Liability (including contractual liability) written on an occurrence basis General Aggregate Products – Comp/Op Aggregate Personal injury Each Occurrence $2 million $1 Million $1 Million $1 Million Automobile Liability (including contractual liability) written on an occurrence basis Combined single limit $1 Million Excess Liability, Umbrella Form Each Occurrence Aggregate $1 Million $1 Million Errors and Omissions Insurance Each Occurrence $1 Million Cyber Insurance Each Occurrence $3 Million Workers Compensation (Coverage A) Employer Liability (Coverage B) As Required by Iowa law Bodily Injury by Accident/Disease As required by Iowa law $100,000 Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP Seller shall name the Owner as an additional insured on a primary and non-contributory basis including a waiver of subrogation in favor of the Owner. Seller shall also provide certificates of insurance to the Owner with submission of the RFP, and upon request by the Owner. Acceptance of the insurance certificates by the Owner shall not act to relieve Seller of any obligation under this Contract. It shall be the responsibility of Seller to keep the respective insurance policies and coverages current and in force during the life of this Contract. Seller shall be responsible for all premiums, deductibles and for any inadequacy, absence or limitation of coverage, and the Seller shall have no claim or other recourse against the Owner for any costs or loss attributable to any of the foregoing, all of which shall be borne solely by the Seller. Notwithstanding any other provision of this Contract, Seller shall be fully responsible and liable for meeting and fulfilling all of its obligations under this section of the Contract. 7.4 Termination and Adjustment A. If Seller fails to fulfill its obligations under this Contract, the Owner may terminate this Contract after giving the Seller ten days written notice to cure such failure. The ten day cure period will begin on the date shown on the written notification from the Owner. If within the 10 day period Seller fails to cure to the reasonable satisfaction of the Owner, then the Owner may give notice that it is terminating this Contract and Seller shall cease all activity associated with this Contract at such time as the notification is received. The Owner has the right to set off the cost of procuring another contractor to perform or complete the Scope of Work in the event Seller fails to perform the Work satisfactorily. B. At any time prior to completion of the Work, the Owner may, in its sole discretion, terminate the contract by providing the Seller written notice of its intention to terminate. Unless the notification provides otherwise, Seller shall cease all activity associated with this Contract at the time the notification is received. If the termination is without fault of the Seller, the Owner shall pay for Work satisfactorily performed to the date of termination and reimburse Seller for unrecoverable expenses Seller incurred prior to receiving the notification. 7.5 Indemnification Requirements For purposes of this section 7.5, the term “Owner” means the City of Waterloo and its elected and appointed officials, agents, employees, volunteers, and others working on its behalf. To the fullest extent permitted by law, Seller agrees to defend, pay on behalf of, indemnify, and hold harmless the Owner against any and all claims, demands, suits, damages or losses, together with any and all outlay and expense connected therewith including, but not limited to, attorneys’ fees and court costs that may be asserted or claimed against, recovered from or suffered by the Owner by reason of any injury or loss including, but not limited to, personal injury, bodily injury including death, property damage, including loss of use thereof, and economic damages that arise out of or are in any way connected or associated with Seller’s work or services under this Contract, including that of its officers, agents, employees, subcontractors and others under the control of Seller, except to the extent caused by or resulting from the sole negligence of the Owner. Seller’s obligation to indemnify the Owner contained in this Contract is not limited by the amount or type of damages, compensation or benefits payable under any workers’ compensation acts, disability benefit acts, or other employee benefits acts. Waterloo Enterprise IT Waterloo Enterprise Network Equipment and Services RFP The Owner shall not be liable or in any way responsible for any injury, damage, liability, claim, loss or expense incurred by Seller arising out of or in any way connected or associated with Seller’s work or services under this Contract, including that of its officers, agents, employees, subcontractors and others under control of Seller, except to the extent caused by or resulting from the sole negligence of the Owner. Seller expressly assumes responsibility for any and all damage caused to Owner property arising out of or in any way connected or associated with Seller’s work or services under this Contract, including its officers, agents, employees, subcontractors and others under the control of Seller. 7.6 Ownership of Documents The Seller agrees that the Owner is the sole and exclusive owner of all designs, design plans, images, drawings, models, survey notes, reports, specifications, studies, records and other data and documents, in whatever form, prepared under this Contract (the "Design Documents"). The Seller hereby irrevocably assigns, transfers and conveys to the Owner all right, title and interest in and to the Design Documents and all intellectual property rights and proprietary rights arising out of the Design Documents, including copyrights, patents, trademarks, and derivative works and interests. The Seller warrants to the Owner that the Design Documents will be free from any claims or encumbrances of intellectual property or proprietary rights of the Seller and any third party, including any employee, agent, contractor, sub-Contractor, subcontractor, subsidiary or affiliate of Seller. Upon completion or termination of this Contract, the Seller shall immediately turn over to the Owner all Design Documents not previously delivered to the Owner. To the extent any of the Seller's rights in the Design Documents are not subject to assignment or transfer, including any moral rights and any rights of attribution and integrity, the Seller hereby irrevocably and unconditionally waives such rights, and the enforcement of them, and agrees not to challenge the Owner's rights in and to the Design Documents. 4910-8280-4913-1\11310-157