Communications Utility, City, RFP's
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MEMORANDUM
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March 15, 2005
TO: The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
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SUBJECT: Municipal Communications Utility
Our economy and its underlying technology make access to communications services
an economic development issue for Dubuque. We have learned firsthand the value of
competition in providing communications services. In the 1990's, the City of Dubuque
was one of the few major cities in the country not to have a digital telephone switch.
After the City worked with a Qwest competitor to bring in a digital telephone switch,
Qwest also installed a new state-of-the-art digital telephone switch. We know what it
means to be a captive market, only able to obtain telephone or cable service from a
single monopoly provider, or not at all.
Broadband, or high-speed Internet access, is essential for business and is quickly
becoming essential at home as well. New technologies, new players in communications
services, the bundling of services, the aggregation of demand, cost, and the measuring
of constituent needs are just a few of the issues at the forefront of the broadband
debate.
Like many cities, Dubuque is grappling with the challenges of assuring reasonably
priced state-of-the-art communications services for our businesses and homes. Across
the country, local governments offer a wide variety of utility services such as water,
sewer, electricity, gas, telephone, and most recently cable television. Should local
governments build communications infrastructures as they do other utilities? Or should
communications infrastructure be built and operated only by private for-profit
companies? This debate is currently under way in the Iowa legislature, and in many
other state legislatures, as lobbyists for existing monopolies attempt to block
communities from developing municipal broadband utilities which would provide the
infrastructure for private companies to offer high-speed Internet, cable television, and
telephone services in a highly competitive environment benefiting all the companies,
except maybe the existing monopolies, as well as the customers.
Promoting the universal availability of a range of competitively priced state-of-the-art
broadband services for residences, industry and businesses of all sizes, educational,
health care, and government agencies and community organizations in newly
developed areas as well as long-established neighborhoods and districts will continue to
be a major initiative for Dubuque. The City Council has made the investigation of new
approaches a priority, including public/private partnerships and municipally provided
utility infrastructure. The City will stay abreast of broadband developments and
solutions for essential services, economic development, education, and overall quality
of life.
The City of Dubuque is currently negotiating with Mediacom to extend its non-exclusive
franchise to provide cable television services in Dubuque. As with most negotiations,
the City will not get everything that it has proposed. No matter what the final results of
these negotiations are, it is important to remember that it will only be a cable television
franchise. While Mediacom seems willing to meet some non-cable T.V. needs, the City
cannot necessarily ensure that Mediacom will meet all the communications needs of
businesses and homes, including Internet access and telephone service, through the
franchise negotiation process. While Mediacom has begun to offer limited levels of
cable modem service and has suggested that other new services may follow, it will not
be delivering the full spectrum of affordable, universally available state-of-the-art
communication services in a competitive environment that our community needs.
Without rate regulation or real competition, even the basic cable service package that
Mediacom is currently offering is too expensive for many families. In Dubuque, as
across the country, cable rate increases continue to significantly exceed the rate of
inflation. Furthermore, Mediacom and its predecessors have withheld from Dubuque
subscribers the option of a smaller, lower-price broadcast basic tier which the company
readily provides in other communities. The average Dubuque homeowner currently
pays $493 in annual city property tax while paying $546 for annual basic cable service.
The growth in the charge for cable service in Dubuque has far outpaced inflation. The
monthly cable bill in 1984 was $11.52. The 2005 monthly cable bill is $45.50. The
following graph shows what the difference would be if cable service charges had risen
by the rate of inflation instead of an average of 6.61 % each year as they have in
Dubuque.
$50.00
$46.00
$42.00
$38.00
$34.00
$30.00
$26.00
$22.00
$18.00
$14.00
$10.00
$6.00
$2.00
1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004 2006
--+- Cable Rate adusted for inflation - Actual Cable Rate
The four-lane highways our community has worked hard to get over the years connect
the tri-state area to the rest of the world. But the future four-lane highway is bandwidth.
Without it, Dubuque will once again become isolated and begin to decline economically,
with the resulting loss of jobs and investment. Let us not allow a repeat of the early
1980's because of the insufficient commitment of local cable and telephone monopolies
and the absence of a competitive market for affordable, universally available state-of-
the-art communication services.
I respectfully request Mayor and City Council approval of the issuance of a Request for
Proposals to provide additional information as the City considers the feasibility of a
municipal communications utility.
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M(chael c. Van Milligen
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Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Merrill Crawford, Cable Franchise Administrator
CITY OF DUBUQUE, IOWA
REQUEST FOR PROPOSALS
MUNICIPAL COMMUNICATIONS UTILITY FEASIBILITY STUDY
The City of Dubuque, Iowa requests proposals from interested vendors to
conduct a market and technology feasibility study of the creation of a municipal
communications utility which could include a municipally-owned or supported
Fiber-To-The-Premises (F.T.T.P.) telecommunications infrastructure throughout
the City of Dubuque or other appropriate technology to universally meet the
communication needs of Dubuque residents and businesses. The selected
contractor will work with designated City staff and other resources to conduct a
feasibility study with recommendations as to whether and how the City might
enhance the availability of advanced high-speed, high-quality, competitively
priced communications services to Dubuque businesses, institutions and
residences through the construction and operation of a system connecting
virtually all homes, businesses and institutions within the City limits. The study
and recommendations shall address such options as City partnering or sole
construction and ownership of communication infrastructure and the leasing of
City-owned infrastructure, components or bandwidth to multiple voice, video and
data service providers for delivery to consumers.
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 growing markedly with the
recent opening of the $200 million first phase of the America's River Project.
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EXISTING TELECOMMUNICATIONS & CABLE SERVICES
Dubuque receives local telephone service from Qwest (ILEC) and from
McLeod USA (CLEC). Cellular/PCS service providers actively serving the
community include US Cellular, Verizon, IWireless, Illinois PCS, Nextel Partners,
and AT&T Wireless (Telecorp). The lone franchised cable operator is Mediacom.
Traditional long distance telephone service and dial-up Internet access are
available from multiple vendors providers. Several varieties 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 have entered the market. One new wireless ISP, You-
Squared, also operates in the market. 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, or 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 its geographic location and its lead-
lined Mississippi River bluffs. Mediacom and its eight predecessors have
enjoyed a phenomenal 88-92% penetration rate for Basic Cable Service. Since
February, 2003, however, cable subscription has begun to decline due to the
inclusion of area broadcast TV signals in the Direct Broadcast Satellite (DBS)
options of the Dish Network, and more recently, of DirecTV. The present
Mediacom cable system in Dubuque is 750 MHz hybrid fiber/coax (HFC). A
separate two-way coaxial cable institutional network (I-Net) connects most
school, college, hospital and government buildings. Mediacom offers
asymmetrical cable modem service to residents and small businesses, and offers
levels of measured broadband service for larger businesses. Mediacom is
presently in negotiations with the City of Dubuque regarding terms of renewal of
its 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 of a larger tri-state cluster of cable systems serving smaller
communities.
Even with recent improvements in telecommunications infrastructure, business
and institutional consumers in Dubuque 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 options. New concerns and local government
obligations regarding homeland security have brought sharper focus to the need
for redundant, robust, self-healing interconnected networks and diverse back-up
communication throughout the Tri-State Area. As a mid-sized community with
many treasures, Dubuque hopes to add universal, competitive state-of-the-art
telecommunications infrastructure and services to its significant economic
development and quality of life assets.
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EXISTING MUNICIPAL UTILITIES
The City of Dubuque presently operates municipal water, wastewater, refuse
collection and stormwater management utilities. The City does not own or
operate gas, electric, phone, telecommunications or cable utilities. Aquila
(Utilicorp) provides natural gas service and Alliant Energy provides electricity
throughout the community. The Maquoketa Valley REC also serves a small
number of electricity customers within the Dubuque city limits.
The City does own and operate its own fiber optic institutional network carrying
data and telephone traffic among City and county buildings in the downtown area
but does not presently offer services or infrastructure to non-government entities
via this network. The City continues to expand its own fiber net to additional
government facilities and includes new telecommunications conduit and
innerduct in most major street construction projects.
IMPORTANT DATES
Proposal Due Date: Monday, April 25, 2005, 2:00 p.m. Central Time
Proposal award: Anticipated within 30 days of the Proposal Due Date.
Commencement of Work: Upon receipt of signed contract accompanied by
written notice to proceed.
Study Completed, Final Report Delivered: Friday, August 26,2005,2:00 p.m.
Central Time.
PROPOSAL RESPONSE FORMAT
Each proposer must respond with a proposal organized as follows:
Section 1 - Reauired 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 including general
information about the firm, its official name, address and principal
officers, and the firm's particular areas of expertise regarding this
RFP.
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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.
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
The proposer shall provide three or more specific municipal client
references, including a contact person and telephone number, for
feasibility studies the firm and/or its subcontractors or team
partners have performed similar to the study proposed in response
to 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
Contractor shall meet with a municipal communications utility
feasibility study committee comprising City staff and community
representatives regarding design and implementation of the
feasibility study. Follow-up meetings will be scheduled as
needed to review progress and 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 shall be
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responsible for gathering and verifying the accuracy of data
upon which the conclusions and recommendations of the
feasibility study are founded.
3. Role of City Employees
The proposal must detail the proposed role and obligations, if
any, of City of Dubuque employees during design and
implementation of the feasibility study or any of its research or
analysis components.
As options or alternates, the proposer may choose to 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) An analysis of the existing service providers, including current
corporate strategies, system evaluation, service offerings,
pricing, customer satisfaction, and a competitive
assessment.
c) An assessment and recommendation as to design standards
of a universal communication infrastructure, if any, to be
constructed and operated by the City, offering open access
to multiple providers of telephone, cable, telecommunication
and other services. If more than one technology for such a
system is feasible, each one must be assessed and
recommendations offered.
d) Any contractor recommendations in favor of a City-owned
broadband infrastructure with bandwidth capable of
providing telephony, CATV, high-speed Internet, network
and/or other services shall include a conceptual design, map
and projected cost estimates.
e) An economic feasibility assessment of public financing and
operation of a City-owned communications network where
services are offered by multiple competing providers.
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Revenue projections should include market penetration and
price sensitivity. If more than one technology for this system
is feasible, each one must be reviewed.
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, operations and
maintenance
7) Projected sources of revenue and variable costs of
services
f) A business plan which includes the total cost to construct,
operate and maintain the infrastructure. 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.
5. "Go I No-Go" Decision Points and "Dead-end Tracks"
While a considerable amount of foundation research and
analysis 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 to 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 contractor
concludes with reasonable certainty at a preliminary stage that a
public communication utility is not feasible for the City of
Dubuque, the contractor shall at such point consult with the City
as to whether further investigation of another financing or
ownership option for a city-wide network is warranted in the
course of the feasibility study. Consequently, to the extent
practicable in achieving accurate data and solid conclusions, the
expenditure of resources in studying a "dead-end track" should
be suspended. The ongoing focus of the study should follow
only those feasible or promising tracks or options which survive,
or emerge from, earlier stages of information gathering and
analysis.
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In the event a point is reached during the study where every
studied option is deemed not feasible, the contractor shall so
inform the City. In such case, the City shall have the option of
a) continuing the study of one or more selected options 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.
6. Implementation Schedule
The implementation schedule shall include timetable(s) for
design, information-gathering, information processing and
analysis, and any other major stages or components of the
proposal.
b. Methodology 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 Methodology Overview
component of the proposal.
Section 3 - Main Bodv of Response
The main body of the proposer's response to this RFP shall contain
such a detailed narrative explanation and rationale as the proposer
deems appropriate to clearly and completely communicate the
proposal, terms of service, methodology and the form and content of
the interim and final work products to be delivered to the City.
Technical or ambiguous terms, abbreviations and acronyms must be
defined.
Unless clearly established elsewhere in the proposal, this section must
include descriptions as to how the proposal addresses and meets or
exceeds the requirements of the City's RFP.
Section 4 - Additional Contract ReQuirements
a. Exceptions
The proposer agrees that it 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 must be stated at that point in the
response or on a separate attachment labeled "EXCEPTIONS".
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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 the contractor is responsible. The
successful proposer shall procure all licenses, permits, or other
rights necessary for the fulfillment of its obligation under this
contract.
c. Proof of Required Insurance
The contractor shall provide certificates of insurance coverage
meeting or exceeding the required minimums detailed in
Attachment A of this RFP.
d. Indemnification
Any and all claims that arise or may arise against the Contractor, its
agents, servants or employees as a consequence of any act or
omission on the part of the 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. The
contractor shall agree to 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 the Contractor, its agents, servants or employees, in
the execution, performance or failure to adequately perform the
contractor's or its agent's, servant's or employee's obligations
pursuant to the Contract.
The City shall also be indemnified for any attorney's fees it incurs in
enforcing the indemnification provision or any other indemnification
provision in the contract.
e. Default
Force Maieure: The parties agree that 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.
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Inabilitv to Perform: The contractor shall agree to make every
reasonable effort to maintain staff, facilities, and equipment to
deliver the services to be purchased by the City. The contractor
shall agree to 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 Mitiqate: Both parties shall agree to 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, the City may procure, upon such terms and in such
manner as the City may deem appropriate, services similar to those
so terminated, and the contractor shall agree to be liable to City for
any excess costs for such similar services. The contractor shall
agree to continue the performance of the contract to the extent not
terminated under the provisions of the contract.
The rights and remedies of the City provided in the contract shall
not be exclusive and are in addition to any other rights and
remedies provided by law or under the contract.
f. Non-Discrimination
During the performance of the contract, the contractor shall agree
to 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 payor other
forms of compensation; and selection for training, including
apprenticeship.
The contractor shall agree, in all solicitations or advertisements for
employees placed by or on behalf of contractor, to state that all
qualified applications will receive consideration for employment
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without regard to race, creed, color, religion, sex, national origin,
disability, marital status, or public assistance status.
g. 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, or a calendar-based payment schedule
of amounts from hourly fees for work actually performed. 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.
h. Independent Contractors
The contractor, subcontractors and all of their employees 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.
i. Contractor Contact/Questions About the RFP
This RFP was a joint effort of City employees who are members of
the Municipal Communications Utility 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.
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Questions concerning this 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@cityofdubuque.org
Questions may be submitted until five (5) business days before the
due date. After that time, no further questions will be accepted.
j. Incurring Costs
The City of Dubuque is not liable for any costs incurred by any
proposer in replying to this Request for Proposals (RFP).
k. 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.
I. Permission to Proceed
The contractor must obtain the City of Dubuque's written
permission before commencing any work or procuring any
equipment required by this project.
m. Project Manager
The contractor shall designate and assign to the 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, and reporting
of the feasibility study with designated representatives of the City of
Dubuque.
n.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 document by additions, deletions, clarifications, or
corrections. Addenda will be mailed to all persons or firms who are
known by the committee to have received proposal documents.
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The original RFP and all addenda will also be posted to the official
City of Dubuque website, www.cityofdubuque.org. No addenda will
be mailed later than 72 hours, nor posted to the website later than
48 hours prior to the time and date for receipt of proposals except
an addendum postponing or withdrawing the Request for
Proposals.
o. Proposal Response
The proposal, appropriate proposal forms, and any other
documents submitted with the proposal shall be mailed or
submitted as one (1) unbound original plus eight (8) bound copies,
plus one (1) sealed envelope containing project pricing, fees and
compensation information to:
City Clerk
City of Dubuque
50 W. 13th Street
Dubuque, IA 52001
All proposal responses must be filed in the Office of the City Clerk
no later than 2:00 p.m. Central Standard Time, Monday, April 25,
2005 and must be labeled: "Municipal Communications Utility
Feasibility Study Proposal".
p. 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 City Clerk 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 ten
(10) 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.
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r. Evaluation Criteria
Proposals will be evaluated by the committee based upon the
degree and relevance of the proposer's 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 Dubuque City Council will select a vendor, taking into account
the recommendations of the proposal review committee and the
City Manager.
t. Confidentiality of Information
Any submitted information considered trade secret or confidential to
the proposer must be so labeled and enclosed separately. To the
extent permitted by law, 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.
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
be given access to information that is confidential by law. The
contractor will be required to maintain that confidentiality under the
terms of its contract with the City.
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ATTACHMENT A
INSURANCE SCHEDULE C
INSURANCE REQUIREMENTS FOR PROFESSIONAL SERVICES
1. 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.
2. All policies of insurance required hereunder shall be endorsed to provide a
thirty (30) day advance 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.
3. 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 who perform work or services
pursuant to the provisions of this contract. Said certificates shall meet the same
insurance requirements as are required of
4. 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.)
5. 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.
6. 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.
7. , and all subcontractors shall be required to carry the
following minimum insurance coverage or greater if required by law or other legal
agreement:
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PROFESSIONAL LIABILITY:
$1,000,000
COMMERCIAL GENERAL LIABILITY:
General Aggregate Limit
Products-Completed Operation Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Limit (anyone occurrence)
Medical Payments
$2,000,000
$1,000,000
$1,000,000
$1,000,000
$ 50,000
$ 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
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*Revised January, 2002
CITY OF DUBUQUE, IOWA
GOVERNMENTAL IMMUNITIES ENDORSEMENT
1. 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.
2. Claims Coveraqe. 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.
3. 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.
4. Non-Denial of Coveraqe. 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 Chanqe in Policy. The above preservation of governmental immunities
shall not otherwise change or alter the coverage available under the policy.
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POLICY NUMBER
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT
CAREFULL Y.
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.
Copyrioht. Insurance Services Office. Inc. 1994
CG 20 26 11 85
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( END OF REQUEST FOR PROPOSALS:
MUNICIPAL "FIBER TO THE PREMISES" FEASIBILITY STUDY)
CITY OF DUBUQUE, IOWA
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