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Cable Telecommunications RFPMEMORANDUM November 25, 2002 TO:The Honorable Mayor and City Council Members FROM:Michael C. Van Milligen, City Manager SUBJECT:Municipal Cable/Telecommunications Feasibility Study RFP Cable Franchise Administrator Merrill Cravvford is recommending City Council authorization to issue a Request for Proposals for a Municipal Cable/ Telecommunications Feasibility Study. Improved connectivity including roads, air and telecommunications are part of the City Council's 5-year goals. Telecommunications strategy is included in the City Council's annual priorities. The City Council has included in the Fiscal Year 2003 budget an allocation for a feasibility study of options for proactive City of Dubuque involvement in the delivery of cable television and/or telecommunications services. Whether through economic development incentives, construction and leasing of City-owned conduit or optical fiber, delivery of wholesale services to carriers and other service providers, or direct sale of retail video, voice and data services to the community, the City's goal would be to enhance the availability of competitively-priced state-of-the-art cable and telecommunication services throughout the area. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Merrill Crawford, Cable Franchise Administrator CITY OF DUBUQUE, IOWA MEMORANDUM November 25, 2002 MEMO TO: Michael C. Van Milligen, City Manager FROM: Merrill Crawford, Cable Franchise Administrato. SUBJECT: Municipal Cable/Telecommunications Feasibility Study RFP INTRODUCTION: The purpose of this memorandum is to recommend that the City Council authorize the issuing of a Request For Proposals for a Municipal Cable/Telecommunications Feasibility Study for the City of Dubuque. BACKGROUND: The City Council has included in the Fiscal Year 2003 budget an allocation for a feasibility study of options for proactive City of Dubuque involvement in the delivery of cable television and/or telecommunications services. Whether through economic development incentives, construction and leasing of City-owned conduit or optical fiber, delivery of wholesale services to carriers and other service providers, or direct sale of retail video, voice and data services to the community, the City's goal would be to enhance the availability of competitively-priced state-of-the-art cable and telecommunication services throughout the area. Attached is a document requesting proposals from interested and qualified vendors to perform a multi-track feasibility study of municipal cable and telecommunications options for the City of Dubuque. Also attached is a list of thirteen vendors who have already expressed interest or who are known to have prepared similar feasibility studies and recommendations for local governments and municipal utilities around the country. I proposed to mail the RFP to these vendors, and also to generally advertise the City's soliciting of such proposals. REQUESTED ACTION: The Recommended Action is that the City Council approve the advertising of the Request for proposals for a Municipal Cable/ Telecommunications Feasibility Study. Cc: Pauline Joyce, Administrative Services Manager Bill Baum, Economic Development Director Barry Lindahl, Corporation Counsel Tim O'Brien, Assistant City Attorney Cable Community Teleprogramming Commission Cable TV Regulatory Commission CITY OF DUBUQUE, IOWA REQUEST FOR PROPOSALS MUNICIPAL CABLE / TELECOMMUNICATIONS FEASIBILITY STUDY This document requests proposals from interested vendors to conduct a market and technology feasibility study of options for municipally-owned or supported cable or telecommunications infrastructure and services for the City of Dubuque, Iowa. The selected contractor will work with designated City staff and other resources to research, analyze and prepare a feasibility study and resulting recommendations as to whether and how the City might enhance the availability of advanced high-speed, high-quality, competitively priced telecommunications and cable television services to Dubuque businesses, institutions and residences. The study and recommendations shall address such options as: City partnering or sole construction and ownership of wired and/or wireless communication infrastructure, leasing of City-owned infrastructure or components to third parties, City provision of one or more levels of wholesale communication services to carriers or retail service providers, and/or City offering of retail cable television or telecommunications services to business, institutional or residential customers, in competition with commercial service providers in the market For the purposes of this RFP, the terms "vendor", "proposer", and "contractor" refer to the same party at subsequent stages of the process. A "proposer" is considered to be a "vendor" who is responding to this RFP. The "contractor" is the "vendor" whose proposal has been selected and with whom a contract has been established. COMMUNITY PROFILE The City of Dubuque is located on the Mississippi River in northeastern Iowa, bordering Illinois and Wisconsin. The City occupies approximately 25 square miles with a population approaching 60,000, and is the major retail, medical, educational and employment center of a tri-state market. The community has a stable and diversified manufacturing base and a growing service sector. Tourism continues to be a significant economic force and is about to grow significantly with the 2003-2004 completion of the $188 million America's River Project. EXISTING TELECOMMUNICATIONS & CABLE SERVICES Dubuque receives local telephone service from Qwest, (ILEC) and to a lesser degree from McLeodUSA (CLEC). Both companies recently installed new digital central office switches in Dubuque. Cellular/PCS service providers actively serving the community include US Cellular, Verizon, Iowa Wireless, Illinois PCS, Nextel Partners, and AT&T Wireless (Telecorp). The lone franchised cable operator is Mediacom Communications. Traditional long distance telephone service and dial-up internet access are available from multiple service providers. Several flavors of DSL service have been introduced by Qwest and McLeodUSA within the past year, but availability is technically uncertain in some areas. One or more additional CLEC DSL service providers is entering the market. One new wireless ISP, You-Squared, began operation this year. The state- owned Iowa Communications Network provides live video distance learning, voice and internet access to qualifying schools, colleges, libraries, state and federal government offices, but does not serve local government, business or residential customers. With regard to the reception of land-based over-the-air broadcast signals, Dubuque is a "terrain-captive" market, due to lead-lined Mississippi River bluffs. Mediacom enjoys a phenomenal 88-92% penetration rate for Basic Cable Service. Direct broadcast satellite (DBS) subscription, though slowly growing, remains comparatively Iow due to residents' dependence upon cable to receive local broadcast programming. The present Mediacom cable system in Dubuque is 550 mhz hybrid fiber/coax (HFC), operating at its bandwidth capacity with few remaining available dark fibers. A separate coax institutional network (I-Net) connects most school, college, hospital and government buildings. Mediacom offers assymetrical cable modem service to residents and small businesses, and is preparing to introduce one or more levels of measured service for larger businesses. Mediacom is presently in negotiation with the City of Dubuque regarding the terms of renewal of Mediacom's cable franchise, which has been temporarily extended from its 9/30/01 expiration. The company's Dubuque operation is the business center and technical hub for a larger tri-state cluster of smaller communities. Even with recent improvements in telecommunications infrastructure, business and institutional consumers report ordering delays, high prices, and in some cases uncertain availability of higher speed, higher capacity connections such as T-1 lines or optical fiber service options. New concerns and local government obligations regarding homeland security have brought sharper focus to the need for redundant, robust, self- healing networks and diverse back-up communication throughout the Tri-State Area. EXISTING UTILITIES The City of Dubuque presently operates municipal water and wastewater utilities, and is establishing a new stormwater management utility. The City does not own or operate gas, electric, phone, telecommunications or cable utilities. Alliant Energy provides power and Aquila (Utilicorp) provides natural gas service throughout the community. The City does own and operate its own fiber optic network carrying data and telephone 2 traffic among City and county buildings in the downtown area but does not presently offer services or infrastructure components to non-government entities via this network. Specific expansion of this network to additional local government facilities is planned over the next two years. In addition, the City now includes new telecommunications conduit and innerduct in every new street or street reconstruction project. IMPORTANT DATES Pre-proposal meeting: ,2002 Proposal Due Date: ,2002 Proposal award: Anticipated within 15 business days of the Proposal Due Date. Commencement of Work: Upon receipt of purchase order and written notice to proceed. PROPOSAL RESPONSE FORMAT Each proposer must respond with a proposal organized as follows: Section 1 - Required Documents a. Letter of Transmittal The proposal shall be accompanied by a letter of transmittal briefly outlining the firm's understanding of the work and a one-page Executive Summary of the proposal. b. Profile of the Firm The proposal shall be accompanied by a profile which includes general information about the firm, its official name, address and principal officers, and the firm's particular areas of expertise as regards this RFP. c. Qualifications The proposal shall contain a listing of past clients and such additional information as demonstrates its qualifications and successful experience in the design, implementation and analysis of feasibility studies comparable to that proposed in response to this RFP. 3 d.Project Personnel The proposal shall contain a list of names and background and qualifications of personnel and subcontractors who will be working on the proposed project. e. Fees and Compensation Accompanying the proposal, in a separate, sealed envelope, shall be a detailed description of proposed fees and compensation to the contractor for providing all services and tangible work products included in the project. f. References Provide three or more specific municipal client references, preferably similar in size to Dubuque, to including a contact person and telephone number, for feasibility studies the firm has performed of similar size, subject and complexity to that represented by your proposal. g. Proof of Required Insurance Provide Certificates of Insurance coverage meeting or exceeding the required minimums detailed in Attachment A of this RFP. Section 2 - Overview a. Scope of Services and Project Schedule The proposal shall contain a summary of the scope of services and implementation schedule for the proposed project, and shall be founded upon the following requirements: 1. Study Committee Meet with a committee of City staff and community representatives regarding design and implementation of the feasibility study. Follow-up meetings will be scheduled as needed to discuss recommended options. 2. Information Gathering While the City will make available the results of any prior surveys, reports and other information as might be beneficial in this project, and can assist to a reasonable degree in identifying other likely sources of information, the contractor will be responsible for gathering and verifying the accuracy of data upon which the conclusions and recommendations of the feasibility study are founded. 4 3.Role of City Employees The proposal must detail the proposed role and obligations, if any, of City of Dubuque employees during design and conducting of the feasibility study or any of its research components. As options or alternates, the proposer may indicate specific supplementary services or tasks, which, if performed by City of Dubuque employees, would reduce the cost of design and implementation. The associated cost reductions should be specifically stated for each such service or task. 4.Tasks The study must include, but is not limited to, the following: a) Primary and secondary market research to identify needs and gauge support of potential residential, commercial, institutional, industrial and governmental customers. The sample size and methodology should reflect a 95% or better confidence level. b) Analysis of the existing service providers, including current corporate strategies, system technical evaluation, service offerings, pricing, customer satisfaction, and a competitive assessment. c)An assessment and recommendation as to the type or types of broadband infrastructure to be constructed (i.e. HFC, dark fiber, wireless, FTTH, etc.) d)Conceptual design, including map and projected costs for any recommended broadband infrastructure system with bandwidth capable of providing telephony, CATV, high- speed Internet, Metropolitan Area Network, Network, and/or other services. e) Economic feasibility assessment of providing needed communication services over a City-owned broadband network on a universal retail basis. Revenue projections should include market penetration and price sensitivity. The economic assessment should include a minimum of five (5) scenarios, including a "base", "best", "worst" case, a full-scale deep fiber network, a Fiber-to-the-Home (FTTH) scenario and a public sector network serving selected commercial and industrial customers. f) At a minimum, the economic assessment should include: 1) Cash flows over a ten-year period. 2) Present value analysis over a fifteen-year period 3) Capital cost projection 4) Estimated working capital requirements 5) Market penetration analysis 6) Estimated operating costs for staff, programming and operations 7) projected sources of revenue and variable costs of services g) A business case which includes the total cost to construct, operate and maintain the infrastructure and business systems for providing the proposed services. The plan shall include but not be limited to: 1) Staffing requirements and job descriptions for each job 2) Phased build-out plan, including schedule for completion of each section of the system. 3) lnternet Service Provider (ISP) service should be identified as an incremental element with its own cost and business plan 4) Identification of more than one arrangement that the City of Dubuque should consider in developing a joint venture or other business relationship for implementing broadband services. 4. "Go / No-Go" Decision Points While a considerable amount of foundation work will be required before even preliminary conclusions can be offered, the feasibility study methodology shall be designed and applied in such a manner as to maximize efficiency of contractor time and resources and minimize the inclusion of generic or "boilerplate" information which is not applicable to the specific Dubuque situation. If in the gathering and analysis of information, the vendor concludes with certainty at a preliminary stage that one or more tracks or options is infeasible for the City of Dubuque ( "dead- 6 end tracks"), the vendor will at such point consult with the City as to whether further investigation of those particular tracks or options is warranted in the further course of the feasibility study. To the extent practicable in achieving accurate data and solid conclusions, the ongoing focus of the study should progressively narrow to those feasible or promising tracks or options which survive, or emerge from, earlier stages of information gathering and analysis. In the event a point is reached during the study where every studied track is deemed a "dead end", the contractor will so inform the City. In such case, the City shall have the option of: a) continuing the study of one or more selected tracks to determine what factors, if altered, would lead to a positive feasibility recommendation, or b) truncating the study, authorizing a final report, and compensating the contractor for all work and expenses incurred to that point, whereupon the parties will consider the contract fulfilled. 5. Implementation Schedule The implementation schedule shall include timetable(s) for design, information-gathering, information processing & analysis, and any other major stages or components of the proposal. b. Technical Overview A brief summary of methodology, tools, processes and standards to be used in conducting the study and forming conclusions and recommendations shall be given in the Technical Overview component of the proposal. Section 3 - Main Body of Response The main body of the proposer's response to this RFP shall contain detailed narrative, explanation and rationale as the proposer deems appropriate to clearly and completely communicate the proposal, terms of service, and the form and content of the interim and final work products. Technical or ambiguous terms, abbreviations and acronyms should be defined. Unless clearly established elsewhere in the proposal, this section should include descriptions as to how the proposal addresses and meets or exceeds the requirements of the City's RFP. The proposer may also include documentation supporting the position that the proposed approach is superior to other approaches or methodologies commonly in use for municipal cable and telecommunications feasibility studies. Section 4 - Additional Contract Requirements a. Exceptions It will be assumed that the proposer accepts all conditions and considerations as outlined within this document unless specifically noted in the Exceptions section of the proposal. Exceptions to any part of the requirements stated in this request must be clearly identified as such. Alternatives should be stated at that point in your response or on a separate attachment labeled "EXCEPTIONS". NOTE: Exceptions will only be allowed in technical and design elements. No exceptions to the contract or the RFP will be allowed. b.Compliance with Laws/Standards The contractor shall abide by all Federal, State and local laws, statutes, ordinances, rules and regulations now in effect or hereinafter adopted pertaining to this contract or to the facilities, programs, and staff for which contractor is responsible. The successful proposer shall procure all licenses, permits, or other rights necessary for the fulfillment of its obligation under this contract. 8 c. Indemnification Any and all claims that arise or may arise against Contractor, its agents, servants or employees as a consequence of any act or omission on the part of Contractor or its agents, servants, employees while engaged in the performance of the contract shall in no way be the obligation or responsibility of the City. Contractor shall indemnify, hold harmless and defend the City, its officers and employees against any and all liability, loss costs, damages, expenses, claims or actions, including attorney's fees which the City, its officers or employees may hereafter sustain, incur or be required to pay, arising out of or by reason of any act or omission of Contractor, its agents, servants or employees, in the execution, performance or failure to adequately perform Contractor's or its agent's, servant's or employee's obligations pursuant to this Contract. The City shall also be indemnified for any attorney's fees it incurs in enforcing this indemnification provision or any other indemnification provision in the contract. d, Default Force Majeure: Neither party shall be held responsible for delay or failure to perform when such delay or failure is due to any of the following unless the act or occurrence could have been foreseen and reasonable action would have been taken to prevent the delay or failure: fire, flood, epidemic, strikes, wars, acts of God, unusually severe weather, acts of public authorities, or delays or defaults caused by public carriers, provided the defaulting party gives notice as soon as possible to the other party of the inability to perform. Inability to Perform: Contractor shall make every reasonable effort to maintain staff, facilities, and equipment to deliver the services to be purchased by the City. Contractor shall immediately notify the City in writing whenever it is unable to; or reasonably believes it is going to be unable to provide the agreed upon quality and quantity of services. Upon such notification, the City shall determine whether such inability requires a modification or cancellation of this Contract. Duties to Mitigate: Both parties shall use their best efforts to mitigate any damages which might be suffered by reason of any event giving rise to a remedy hereunder. In the event the City terminates the contract in whole or in part as provided above, City may procure, upon such terms and in such manner as City may deem appropriate, services similar to those so terminated, and contractor shall be liable to City for any excess costs for such similar goods or services. Contractor shall continue the performance of the contract to the extent not terminated under the provisions of this section. If, after notice of termination of the contract under the provisions of this section, it is determined for any reason that contractor was not in default under the provisions of this section, the rights and obligations of the parties shall be the same as if the notice of termination had been issued pursuant to the subparagraph entitled, "Procedures Upon Termination for insolvency or Nonappropriation of Funds." The rights and remedies of the City provided in this Section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract. Non-Discrimination During the performance of the contract, the contractor shall not unlawfully discriminate against any employee or applicant for employment because of race, creed, religion, sex, national origin, disability, age, marital status, or public assistance status. The contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment, without unlawful discrimination because of their race, color, creed, religion, sex, national origin, disability, age, marital status, or public assistance status. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applications for employment, notices that set forth the provisions of this non-discrimination clause. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of contractor, state that all qualified applications will receive consideration for employment without regard to race, creed, color, religion, sex, national origin, disability, marital status, or public assistance status. No funds received under the contract shall be used to provide religious or sectarian training or services. Payment Terms There will be no down payment issued to the contractor at contract signing, nor in advance of services provided. Proposals may include a payment schedule tied to the phased or modular completion of the feasibility study, set by clearly measurable performance benchmarks. If the proposer anticipates and requests the City to pay some earlier specific fees to a third-party directly or as a pass-through, other than via the payment schedule above, such circumstances must be clearly identified in the proposal and stipulated in the contract prior to signing. l0 g. Independent Contractors Successful proposer and all employees of the successful proposer shall not be considered employees of the City of Dubuque while engaged in the performance of any work or services required herein, and shall be Independent Contractors. Any and all claims that may arise under the Workers Compensation Act of Iowa on behalf of said employees, and any and all claims made by any third party as a consequence of any act of omission on the part of the work or service provided to be rendered herein shall in no way be the obligation or responsibility of the City. h. Contractor Contact/Questions About the RFP This RFP was a joint effort of City employees who are members of the Municipal Telecommunications Feasibility Study Committee. Proposer communications shall be limited to contacts defined herein. Failure to comply with this provision may result in disqualification or evaluation penalty. It shall be the proposer's responsibility to learn all aspects of the RFP requirements. Should any details necessary for a clear and comprehensive understanding be omitted or any error appear in the RFP documents, or should the proposer note facts or conditions which, in any way, conflict with the letter or spirit of the RFP documents, it shall be the responsibility of the proposer to obtain clarification before submitting a proposal. Questions concerning this design/document should be directed in writing or via fax or email only (no questions will be answered via oral communications) to: City of Dubuque Attn: Merrill Crawford City Hall Annex, 1300 Main Street Dubuque, IA 52001-4732 Fax: (563) 589-4299 Email: catv~,cityofd u b uq ue.or.q Questions may be submitted until five (5) business days before the due date. After that time, no further questions will be accepted. i. Incurring Costs The City of Dubuque is not liable for any costs incurred with replying to this Request for Proposals (RFP). j. Alternate Proposals Proposers who wish to submit an alternate proposal may do so. If more than one proposal is submitted, each must be complete and must comply with the instructions set forth in this RFP. Vendors may submit joint proposals in partnership with other vendors, in which case the contractual relationship of the parties in the proposal shall be clearly explained. k. Permission to Proceed Contractor must obtain the City of Dubuque's written permission before commencing any work or procuring any equipment required by this project. I. Project Manager Contractor shall designate and assign to the City of Dubuque project a project manager with overall responsibility for services to be rendered under this proposal. The Contractor's project manager shall coordinate all activities in the design, implementation, feasibility study with designated representatives of the City of Dubuque. m. Addenda Addenda are any graphic or written instruments issued by the City of Dubuque prior to the date for receipt of proposals, which modify or interpret the proposal document by additions, deletions, clarifications, or corrections. Addenda will be mailed to all who are known by the committee who have received proposal documents. No addenda will be issued later than 72 hours prior to the time and date for receipt of proposals except an addendum postponing or withdrawing the Request for Proposals. n. Proposal Documents The proposal, appropriate proposal forms, and any other documents submitted with the proposal shall be mailed or submitted in triplicate to: City Clerk City of Dubuque 50 W. 13th Street Dubuque, IA 52001 12 o. Proposal Response All proposal responses must be received by 12:00 noon, and must be labeled: "Municipal Cable/Telecommunications Feasibility Study Proposal" Proposal Opening Only properly identified proposals which have been received on time will be considered. Proposals received prior to the time of opening will be kept secure and unopened. The office whose duty it is to open proposals shall determine when the specified time has arrived. No proposal received thereafter will be considered. No responsibility will attach to the City for premature opening of a proposal not properly addressed and identified. Proposers are not required to be present at the proposal opening. q. Proposal Clarification Questions and Interview After reviewing all proposals received in response to this RFP, the City may develop a list of clarification questions to be addressed by the Proposer. The City will send these questions to the Proposer for clarification. The Proposer shall provide a response within five (5) working days following the inquiry. The City may also require that a representative of the Proposer meet with the proposal review committee in Dubuque to discuss or demonstrate aspects of the proposal. r. Evaluation Criteria Proposals will be evaluated by the committee based upon the degree and relevance of proposers' prior experience, compliance with and responsiveness to the requirements of this RFP, the proposed methodology and implementation plan, the end product of the proposal, and the cost of the proposal. s. Final Selection The City of Dubuque will select a vendor based upon the recommendation of the committee. The recommendation of the committee will be subject to the approval of the City Manager and the City Council 13 t. Confidentiality of Information Any submitted information considered trade secret or confidential to the proposer must be so labeled and enclosed separately. The City and its agents will hold the submitted proposal and any related materials in confidence if so requested by the proposer, throughout the evaluation process unless otherwise required by law. However, after the award, all contents of the selected proposal will be considered public information. All proposal material supplied, including supporting material and information disclosed during the proposal process will become the property of the City and will be retained for internal use. The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the proposer of the conditions contained in this request for proposals. Once under contract, the contractor may have access to information that is confidential by law. The contractor will be required to maintain that confidentiality under the terms of their contract with the City. ATTACHMENT A INSURANCE SCHEDULE C INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES All policies of insurance required hereunder shall be with an insurer authorized to do business in Iowa. All insurers shall have a rating of A or better in the current A.M. Best Rating Guide. All policies of insurance required hereunder shall be endorsed to provide a thirty (30) day advanced notice to the City of Dubuque of any cancellation of the policy prior to its expiration date. This endorsement supersedes the standard cancellation statement on the Certificate of Insurance. shall furnish Certificates of Insurance to the City of Dubuque, Iowa for the coverage required in Paragraph 7. Such certificates shall include copies of the endorsements set forth in Paragraphs 2 and 5 to evidence inclusion in the policy, shall also be required to provide Certificates of Insurance of all subcontractors, and all sub-subcontractors who perform work or services pursuant to the provisions of this contract. Said certificates shall meet the same insurance requirements as are required of Each Certificate of Insurance shall be submitted to the contracting department of the City of Dubuque, Iowa prior to commencement of work/service. (The contracting department shall submit the certificates to the Finance Director.) All policies of insurance required in Paragraph 7, except Professional Liability, shall include the City of Dubuque, Iowa under the attached Additional Insured Endorsement (CG2026) and the attached Governmental Immunities Endorsement. Failure to provide evidence of minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the insurance required herein shall be considered a material breach of this agreement. , subcontractors, and all sub-subcontractors shall be required to carry the following minimum insurance coverages or greater if required by law or other legal agreement: PROFESSIONAL LIABILITY: $1,000,000 COMMERCIAL GENERALLIABILITY: General Aggregate Limit Products-Completed Operation Aggregate Limit $ 2,000,000 $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence Limit $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 Commercial general liability shall be written on an occurrence form, not a claims made form. Coverage to include premises-operations-products-completed operations, independent contractors coverage, contractual liability, broad form property damage, and personal injury. UMBRELLA OR EXCESS LIABILITY: $1,000,000 16 Revised January, 2002 CITY OF DUBUQUE, IOWA GOVERNMENTAL IMMUNITIES ENDORSEMENT Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended form time to time. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. Non-Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. 17 POLICY NUMBER COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person Or Organization: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees, and volunteers. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your operations or premises owned by or rented to you. Copyright. Insurance Services Office. Inc. 1994 CG 20 26 11 85 ]8 ( END OF REQUEST FOR PROPOSALS: MUNICIPAL CABLE / TELECOMMUNICATIONS FEASIBILITY STUDY ) Mec11/14/02 MUNI CABLE/TELECOM FEASIBILITY STUDY VENDORS 1. Strategis, 2700 Westchester Ave., Suite 120, Purchase, NY 10577 800-518-9267 www.strategis.com 2. Stanley Associates, #10 Emerald Drive, Suite A, Swansea, IL 62226 618-233-9369 www.stanleyassoc.com 3. DynamicCity, 250 West Center Street, Suite 300, Provo, UT 84601 801-852-0800 www.dynamiccity.com 4. Telcordia Technologies 800-521-2673 www.telcordia.com 5. R.W. Beck, Inc., 555 D'Onofrio Drive, Suite 103, Madison, WI 53719 608-833-6575 www. rwbeck.com 6. ION Consulting, 161 North Clark Street, Suite 3400, Chicago, IL 60601 312- 580-9080, www.ionconsultin.q.com 7. Broadband Development 3, Attention: Alan Kraus, 444 N. Northwest Parkway, Suite 355, Park Ridge, IL 60068, 847-384-7373 www. bbd3.com 8. Miller & Van Eaton, P.L.L.C. At-tn: Frederick Ellrod III, 1155 Connecticut Ave. NW, #1000, Washington, D.C. 20036-4306 202-785-0600 fellrod@millervaneaton.com 9. CBG Communications, Inc., Attn: Thomas G. Robinson, Exec. Director, 5 Great Valley Parkway, #282, Malvem, PA 19355 610-648-3819 ctrobinson@worldnet.att.net 10. Vectren Communications Services, Attn: Doris J. Kelley, Regional Sales Manager, 421 John Street, Evansville, IN 47713 888-326-6782 www.vectrenoom.com 11. Black & Veatch, 8400 Ward Parkway, Kansas City, Mo 64114 913-458-2934 www.bv.com 12. CCG Consulting, Attn: Michael Dillard, 6811 Kenilworth Ave. Suite 300, Riverdale, MD 20737 301-699-5300 13. Elert and Associates, 14o Third Street South, Stillwater, HN 55082 651-430-2772 www.elert.com