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Home My WebLink About13. Telecom Board Agenda Packet - August 16, 2023 BOARD MEMBERS Andrew Van Fleet Board Chair Theodore Batemon Rich Kurtenbach Mike Young Amy Wienands City Council Liaison: Rob Nichols August 16, 2023 Harold E. Getty Council Chambers 4:00 p.m. 1. Roll call. 2. Approval of the agenda, as presented. 3. Approval of minutes of August 2, 2023, as proposed. 4. Motion approving use of the name Waterloo Fiber for the telecommunications utility. 5. Motion approving human resources services, including training and handbook writing services, with HR Connect, and authorize the general manager to execute necessary documents. 6. Motion approving a Statement of Work with ePlus Technology, Inc., in the amount of $164,849.00. 7. Motion approving a hardware and support proposal with ePlus Technology, Inc. of Herndon, VA, in the amount of $1,177,215.87. 8. Motion approving an agreement for 120 hours of consulting services with Consortia Consulting, in the amount of $25,200. 9. Motion approving travel and meeting, purchasing, and credit card policies. 10. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as September 14, 2023, and date of public hearing as September 20, 2023, in conjunction with the Prefabricated Shelter at 3233 Ansborough Avenue Project, Contract No. 1087, and direct the Board Secretary to publish said notice. 11. General updates from board members, consultants, and staff. 12. Adjourn. Kelley Felchle Board Secretary WATERLOO Telecommunications Utility Board of Trustees TELECOMMUNICATIONS UTILITY BOARD OF TRUSTEES Harold E. Getty Council Chambers August 2, 2023 4:00 p.m. Members present: Van Fleet, Young, Batemon, and Wienands. Council Liaison Rob Nichols. Absent: Kurtenbach. Approval of Agenda. Moved by Young seconded by Wienands that the Agenda, as presented, be approved. Voice-vote Ayes: Four. Motion carried. Approval of Minutes. Moved by Young seconded by Van Fleet that the minutes of July 19, 2023, as proposed, be approved. Voice-vote Ayes: Four. Motion carried. Motion terminating Marketing Engagement Agreement with Full Scale Marketing. Moved by Young seconded by Wienands. Voice-vote Ayes: Four. Motion carried. Mr. Van Fleet provided an overview of the decision to terminate the agreement. He explained that it was always the intention to eventually go forward with a local marketing agency. The initial engagement with Full Scale Marketing was to do a temporary website, a door hanger and a couple of other things. He commented that the quality of the deliverables did not meet the vision we have for the service we will be providing. He explained that he would like to terminate the agreement effective immediately and move forward with our local agency, Amperage Marketing. Amperage has been involved from the beginning with the survey and some of the early marketing materials, the bond referendum of last fall, etc. Ms. Wienands commented that she thinks Amperage will be great. Motion approving Marketing Services Agreement with Amperage Marketing. Moved by Wienands seconded by Bateman. Voice-vote Ayes: Four. Motion carried. Eric Lage, General Manager, provided an overview of the agreement. Motion creating Accounting Manager, Sales and Marketing Manager, Network Engineer, Customer Support Manager, Technical Support Manager, NOC Technician, Technical Service Representative Level 1, and Technical Service Representative Level 2 positions within Waterloo Fiber Internet. Moved by Van Fleet seconded by Young. Voice-vote Ayes: Four. Motion carried. Eric Lage, General Manager, provided an overview of the need for the positions. He shared that these positions are based on Magellan Advisor’s staffing plan and that these hires will take us into quarter one of 2024. He explained there will be additional staff needed further into 2024. Tonight is looking for the board’s approval to create the positions and if anyone has feedback on the job descriptions, he has notes available. Kelley Felche, Board Secretary, questioned if the job descriptions that were emailed out included salary ranges. Eric Lage commented they were not included. He explained that Magellan budgeted a salary for each position but the incentive pay portion throws a bit of a wrench into it. He proposed that 50 percent of the incentive pay be taken away from the budgeted salary which brings it to the low end of the budgeted salary, with the top end being the full budgeted salary provided. Page 2 Mr. Van Fleet commented that the numbers have not yet been solidified by Aaron Hilligas So the model would show the range of $47,500 - $52,500 and the compensation piece of this might be an extra $5,000. Kelley Felchle questioned if there was a salary line established in the budget. Eric Lage commented there was not. General update from consultants, city staff, and board member comments. Eric Lage explained that he has assembled a thirty to ninety day plan of action. He shared that he will post the positions as soon as possible and have early October start dates for the staff members. A full marketing plan will be assembled in eight weeks and groundbreaking will be on August 9th at 4:00 p.m. at Prairie Grove Park, 4th Street and Shaulis Road. Construction will begin late August with the hope of getting the first customer up by November 1. He provided an overview and status update of ongoing projects, including billing, policies, and agreements with Public Works. Maggie Burger, Speer Financial, explained that they are looking to send participant packets to the banks this week. This is for the utility revenue capital loan note. This will be taxable which means you will be able to invest those proceeds. She stated that they will be proposing the banks give a rate for draw down loan and a loan where we receive all of the funds at one time. They are hoping to have bid proposals back at 1:00 p.m. on August 24th. A meeting has been scheduled for August 30th where it is hoped the bid would be awarded, with authorizing and issuance at the September 6th meeting. Access to funds should be by about September 20th. She shared that they anticipate doing these as a short term or “interim anticipation note” and explained the meaning and benefit of that. A bank account will need to be established in August so that monies can be wired into the bank on the day of closing. Tara Thomas-Gettman, Director of Strategic Communication for Waterloo, shared that this is a huge win for Waterloo. This project is getting a lot of great buzz on social media and it should grow from there. Chris Wendland, legal counsel, reviewed agreements with city for providing office space and vehicle maintenance. He shared that he has also begun to work on trademarking for the utility name and logo. Kelley Felchle, Board Secretary shared that she is working to help finalize the employment agreement and policies and is working with PDCM for insurance, an OSHA safety manual and employee handbook. Steve Nadel, Ahlers and Cooney, explained the steps his office will take once the bid packets have been received from the banks. He stated that the goal is to have documents available to the board about a week ahead of the award meeting. Andy Van Fleet questioned who the auditors would be. Maggie Burger commented that she believes Bridgett Wood has acquired an auditor for the utility for a two or three year term. Warren Lyon, Magellan Advisors, commented that he is looking forward to the next phase of the project as well as the groundbreaking. Page 3 Mr. Van Fleet commented on the lack of communication from ITG, having been awarded a $77 million dollar contract, and suggested someone from Magellan reach out and request representation at our board meetings. With no further business before the board, it was moved by Van Fleet seconded by Young that the meeting be adjourned at 4:37 p.m. Voice-vote Ayes: Four. Motion carried. Kelley Felchle Board Secretary Fvnered b/?t2DC MSOPANct Administering HR can tie a complex and time-constmungp'ocess for eniployefs. Let HRCorurect lighten your HR load - we offer multiple service options to meet your olganization's uluque needs. =,fi HR Inventary `l�Harasement Training Aanvc y� Handbook Review Arx� z{ HR Advisory $asic �� Handbook Update Emplo}tee Training Ala Cert<vn'�v. �! HR Inventary :� Harassment Training Gvm uel ✓ Handbook Revieev �( HR Advisory Pius Handbook Update �f Employee Training SA= n9IIami Raac ✓Harassment Training A�cn, ✓Handbook Review A Hurl ✓ HR Advisory Plus ✓Handbook Update Employee Training ✓ HR Processes & Infrastructure Review I_I b�'+traonth `�$149;inonth [;. Gustomfzedlnvestment Implementation Fee: $2,00�0 Implementxtian Fee: $$T50 by Need X a %( UC / Approved By Date Billing frequency: �iUront (10% discount) ❑ Quarterly F i Monthly Questions? Loal:ing for a different solutian� C'onuct f€fEC�onnect todayi �llpgip�§,✓ahrconnectfowarom ®(3291234,B8E8 8/8/2023 The Municipal Telecommunications Utility of Waterloo DBA Waterloo-Fiber Equipment and Services RFP-132469 PAGE 1 STATEMENT OF WORK The Municipal Telecommunications Utility of Waterloo DBA Waterloo Statement of Work The Municipal Telecommunications Utility of Waterloo DBA Waterloo Communication Service Provider (CSP) Implementation SOW# The Municipal Telecommunications Utility of Waterloo-CSP Implementation-132469 8/8/2023 Customer Name Project Name SOW# EF_SOW_Number EF_Verified_Date Mark Lane 715 Mulberry Street Waterloo, IA 50703 319-291-0141 mlane@entrustsol.com ePlus Technology, inc. www.eplus.com 13595 Dulles Technology Drive, Herndon, VA 20171 8/8/2023 The Municipal Telecommunications Utility of Waterloo DBA Waterloo-Fiber Equipment and Services RFP-132469 PAGE 2 STATEMENT OF WORK The Municipal Telecommunications Utility of Waterloo DBA Waterloo 1.0 INTRODUCTION AND EXECUTIVE SUMMARY This Agreement and Statement of Work (this “Agreement” or “SOW”) is made August 8th, 2023 (“Effective Date”) by and between The Municipal Telecommunications Utility of Waterloo DBA Waterloo (“Customer”) and ePlus Technology, inc. (“ePlus”) (each of ePlus and Customer a “Party” and together the “Parties”). 1.1 EXECUTIVE SUMMARY OF THE SERVICES Customer has engaged ePlus to provide implementation services for network hardware, software, and installation for a new Communication Service Provider (CSP) network. Customer has begun implementation of its broadband business plan for Waterloo Fiber (WF), which provides for construction of a carrier-class passive optical network (PON) passing approximately 26,367 commercial and residential premises. Customer is seeking a turnkey go-live ready system including the required hardware, software, installation materials, and professional services to implement the WF network. 1.2 DEFINITIONS Deliverable: A measurable indication of progress within a given phase, documentation in hard copy or electronic form such as analyses, reports, manuals, test results, or any other items as set forth in section 2.2. Milestone: A specific goal, objective, or event pertaining to services described in this SOW. Normal Business Hours: The hours of Monday through Friday 8:00 a.m. to 5:00 p.m. local time, excluding any federal and ePlus observed holidays. A list of ePlus observed holidays will be provided upon request. Products: Third-party hardware and/or software products are sold separately and are not deliverables. 2.0 SCOPE 2.1 SERVICES The Services that ePlus and/or its subcontractor shall provide will include: Pre-Installation Planning (On Site) • Review readiness of sites for equipment installation and power • Make arrangements for site access • Evaluate rack elevations • Evaluate power, distribution, and receptacle types • Evaluate fiber distribution panel locations and connector profiles • Identify required fiber strands/ports • Verify schedule for IP transit services, ASN, and IPv4/IPv6 addressing • 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 Determine sourcing for procurement o Assist WF in creating BoM for procurement of installation materials 8/8/2023 The Municipal Telecommunications Utility of Waterloo DBA Waterloo-Fiber Equipment and Services RFP-132469 PAGE 3 STATEMENT OF WORK The Municipal Telecommunications Utility of Waterloo DBA Waterloo High-Level Configuration Design (Remote) • Conduct interactive design sessions with WF and their service providers • Define OTT video and VoIP integration requirements • Define WF subscriber services and QoS requirements • Define requirements for SR-MPLS and VRF architecture • Define requirements for L2/L3 services and BNG architecture • Define IPv4/v6 subnets, numbering plans, and address assignments • Define requirements for CG-NAT IP pools, oversubscription, and services • Define subscriber service profiles for access network • Define BGP configuration requirements • Define business network and OSS requirements • Create high-level design using inputs from interactive network design session • Validate and finalize high-level design with WF Equipment Installation and Configuration Loads (On Site) • Rack/stack/power network equipment • Labor to install power wiring from network hardware to primary breaker panel • Rack/stack/power up to three (3) CDN servers for video system that are AC power based to customer- provided AC power infrastructure • Install fiber jumpers and cabling, as required, by the low-level design • Coordinate with IP transit providers to configure BGP and advertise networks • Coordinate with CFU to install local servers and integrate OTT video service • Coordinate with iMon to integrate VoIP service • Develop low-level configurations and documentation • Install latest ePlus-recommended release software • Create and load individual device configurations • Validate and test low-level design and device configurations • Install out-of-band management and telemetry systems Acceptance Testing Plan (ATP) (On Site) • Deploy local speed test server on business network VM • Verify performance of network relative to the low-level design • Simulate component and link failures to verify proper operation of hardware and software redundancy mechanisms • Verify operations of the L2/L3/services failover and high availability functionality • Configure and test IP transit service failover and verify BGP route updates • Perform end-to-end testing to validate network performance through gateways • Verify performance of subscriber CPE and services o Test Internet service o Test video service o Test VoIP service o Specific acceptance tests to be developed cooperatively by WF and Seller 8/8/2023 The Municipal Telecommunications Utility of Waterloo DBA Waterloo-Fiber Equipment and Services RFP-132469 PAGE 4 STATEMENT OF WORK The Municipal Telecommunications Utility of Waterloo DBA Waterloo Training (On Site and/or Remote) • Basic network training on: o Hardware configuration o As-built MPLS L2/L3 configuration o IP pool management o CG-NAT configuration o DDoS management o High-level troubleshooting techniques o In-band and out-of-band management access o Up to eight (8) hours of training provided for basic network items listed above in this section. • Basic subscriber and service training on: o Creation and modification of subscribers o Creation and modification of service packages o Management of subscriber gateways o High-level subscriber and CPE troubleshooting o Static IP address assignment o Up to eight (8) hours of training provided for basic network items listed above in this section . • Business network training on: o Firewall management o Overview of business network software o DDI configuration and management – efficient IP operations training o Network and service performance monitoring – LibreNMS operations training o Up to eight (8) hours of training provided for basic network items listed above in this sectio n. • Project Management Standard project management is utilized when the management requirements for a project of mid to high complexity. The expectation is that the Project Manager will be working on tasks which may include meeting planning, resource scheduling, equipment confirmation, and issue tracking, within a project workbook. The Project Manager will also be responsible for project closeout and satisfaction surveys. 2.2 DELIVERABLES ePlus will provide Services only, and no Deliverables will be provided except as follows: • Documentation (provided in .TXT, .DOCX, .PDF and .VSDX format) o Cable, panel, and equipment labeling o Provide documentation (format to be determined) o Rack elevations o Power, fiber, and 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 o Electronic backups of the element configurations on portable media 8/8/2023 The Municipal Telecommunications Utility of Waterloo DBA Waterloo-Fiber Equipment and Services RFP-132469 PAGE 5 STATEMENT OF WORK The Municipal Telecommunications Utility of Waterloo DBA Waterloo Notwithstanding anything to the contrary set forth herein: (i) ePlus shall have the right to retain a copy of any work product of its personnel for its records; (ii) as part of ePlus’ provision of the Services, ePlus may utilize proprietary works of authorship that have not been created specifically for Customer, including without limitation computer programs, methodologies, designs, tools, and documentation, as well as intellectual property rights, ideas, concepts, know-how, or data, and any derivatives thereof, which have been originated, developed or purchased by ePlus or its affiliate, subcontractors or suppliers (“ePlus Information”); and (iii) ePlus Information and ePlus’ administrative communications and records relating to the Services shall remain the sole and exclusive property of ePlus. 2.3 PLACE OF PERFORMANCE Unless otherwise specified elsewhere in this SOW, all on-site Services will be performed at Customer’s facilities located at the following location(s) (“Customer Site”): • Waterloo, Iowa when on-site o Site currently does not exist but will be within city limits of Waterloo, Iowa. • Services will be performed remotely 3.0 CUSTOMER RESPONSIBILITIES 3.1 GENERAL RESPONSIBILITIES During the course of this project, ePlus will require the support of Customer staff and computing resources. If the required Customer resources cannot be made available, the scope of the Services, estimated schedule (see section 5.1), or both may be affected. Customer agrees to provide the following: • A work area suitable for the tasks to be performed and any required software or documentation. • If Customer directly procures any hardware or software required for this project, Customer agrees to provide the hardware, software, and any accompanying support documentation or instructions. • Ensure sufficient rack space, power, electric, cooling, etc. for new hardware is in place prior to implementation o Note: The Customer is responsible for moving existing equipment within a rack to make sufficient space for new hardware. ePlus resources are not responsible for moving existing equipment during the physical installation of new hardware. • Customer is responsible for the removal and disposal of hardware being replaced as part of this project. • Provide location for disposal of packing materials. ePlus will dispose of debris (cardboard, plastic, wood skids, Styrofoam, and other miscellaneous packing materials) in customer-supplied dumpster • Customer will provide patch cables related to project unless otherwise specified in this SOW. • A secure storage location for all equipment delivered to the Customer Site until the scheduled ePlus installation date, if applicable. • Contact personnel to escort the ePlus resource(s) through th e Customer Site. • Access to the Customer Site during the work hours required for this project. • Current network topology • Electrical power outlets to support requirements of the installed network equipment • Provide a single technical point of contact, who is familiar with the IT environment and requirements, to work with ePlus engineering resource(s) throughout project and act as a liaison between the Customer’s staff. • Provide requested network diagrams/information to ePlus resource within two (2) days of the initial request. 8/8/2023 The Municipal Telecommunications Utility of Waterloo DBA Waterloo-Fiber Equipment and Services RFP-132469 PAGE 6 STATEMENT OF WORK The Municipal Telecommunications Utility of Waterloo DBA Waterloo 3.2 PROJECT SPECIFIC CUSTOMER RESPONSIBILITIES • Customer will provide physical access to ePlus staff to complete network turnup. • Customer will provide staff to review the network implementation plans and approvals before work can commence. • Power will be made available and verified to be within specifications, at the fuse and alarm panel, prior to scheduled installation services. • Provide sufficient fuses or breakers for both the main distribution panel o Bill of materials will be generated after an on-site visit to validate all required power wiring and breakers to complete installation. ▪ Cost of materials will be billed to Customer at that time. • Verify power voltage from MDP/PDP to fuse and alarm panel is operational and at appropriate voltage levels • Provide appropriate free and uncontested space in a cabinet or relay rack at each site to accommodate the installation of the network equipment and ancillary equipment • Racks will be grounded at a CO ground source or equivalent. • Provide, install, and connect adequate terminations for AC and DC power and proper grounding from the main distribution panel to the fuse and alarm panel, where applicable • Customer will provide any data network cabling equipment such as copper patch cables, fiber patch cables, and proper lengths to connect all appropriate equipment. • Error conditions that result from changes performed on third-party equipment must be escalated by the Customer through the support agreements with third-party vendors. o Delays in the project due to third-party equipment failures are the responsibility of the Customer and may impact the overall project costs for postponed professional services and project deadlines. 3.3 SYSTEM RESPONSIBILITIES • Customer is responsible for providing all software and associated licenses. • Unless otherwise agreed by the Parties, Customer shall respond within two (2) business days of ePlus’ request for documentation or information needed for the project. • Customer shall ensure that contracts with its own vendors and third parties are fully executed and enable Customer’s business requirements to be met in full. Customer shall be responsible for all payments to, and the performance of, all non-ePlus entities assigned to, or working on this project. • ePlus will not be responsible for data loss. Backups should be performed prior to work starting. All data is the responsibility of the Customer. • Should a manufacturer provide Customer with specialized or custom software unique to Customer, ePlus will not be responsible for any delays or failures to perform related to use of such software. • ePlus shall not be responsible for support and maintenance of products. • Unless otherwise specified in this SOW, ePlus shall not be responsible for any customization of, or labor to install software (except operating systems or firmware pre-installed by the manufacturer). • Services do not include resolution of software or hardware problems resultin g from third party equipment or services or problems beyond ePlus’ control. • Services exclude any hardware upgrade required to run new or updated software. 8/8/2023 The Municipal Telecommunications Utility of Waterloo DBA Waterloo-Fiber Equipment and Services RFP-132469 PAGE 7 STATEMENT OF WORK The Municipal Telecommunications Utility of Waterloo DBA Waterloo 4.0 ASSUMPTIONS 4.1 GENERAL ASSUMPTIONS The following assumptions were made to create this SOW. Should any of these assumptions prove to be incorrect or incomplete then ePlus may modify the price, scope of work, or Milestones pursuant to the Change Management Procedure set forth herein. ePlus assumes: • Where applicable, Customer’s Site shall be ready prior to the date scheduled for ePlus to perform the Services. Costs associated with Customer’s inability to (1) make the Customer Site ready or (2) meet any of the other responsibilities specified in this SOW shall be billed at ePlus’ then-current time and materials rates plus travel and other related expenses. Any additional costs incurred by Customer as a result of delays shall be the sole responsibility of the Customer. • This SOW defines exclusively the scope of the Services. This SOW shall not apply to any purchase, support or maintenance of products, which are purchased separately. • In the event ePlus is required to provide third party materials under this SOW (i.e. cables, racks, etc.), Customer shall be responsible for any costs, maintenance, and/or warranty obligations therein. • Acceptance tests conducted in respect of the Services shall apply only to such Services and shall not constitute acceptance or rejection of any Product purchased or licensed separately by Customer. • The schedule shall be extended up to thirty (30) days for any personnel change requests made by Customer. • Customer acknowledges that at any time during the project, if progress is stalled, by no fault of ePlus, for more than twenty (20) contiguous Business Days, ePlus reserves the right to is sue a Milestone Completion Certificate for work that has been completed. • If Services include any assessments of Customer’s network, systems, or security protocols, Customer understands that no guaranty is made by ePlus or its subcontractors that such assessments will detect all security weaknesses, potential security problems, vulnerabilities, or potential breaches. ePlus does not guarantee that recommendations or actions undertaken pursuant to this SOW will completely address all issues identified or not identified. o If an ePlus Subcontractor is used to perform the security assessment/aud it services, the data will be shared with ePlus for gap analysis and recommendation purposes. • If Services include the implementation of any system dealing with Emergency 911 (E911) Services, including but not limited to phone systems, the Customer is responsible for ensuring its 911 dialing is compliant with all applicable laws, including but not limited to “Kari’s Law” and the “Ray Baum Act”. ePlus encourages customers to consult with their counsel regarding this matter. • Documents are created using ePlus templates (structure and format) and delivered to Customer in softcopy only. Customization to deliverable documents (structure, format, and/or other non-standard content) must be handled via a Change Request (CR) unless explicitly stated in this SOW. • ePlus Deliverable Documents include up to two (2) revisions, per document, based on Customer feedback. Subsequent revisions will require a CR or separate SOW. • 4.2 PROJECT SPECIFIC ASSUMPTIONS • Calls and meetings will be scheduled at a mutually agreeable time between the Customer’s and ePlus’ resources. The calls and meetings will be scheduled through ePlus’ PM. • Services schedule reflects work effort based on non-contiguous business days and does not include a full- time ePlus Engineer for staff augmentation during the project. 8/8/2023 The Municipal Telecommunications Utility of Waterloo DBA Waterloo-Fiber Equipment and Services RFP-132469 PAGE 8 STATEMENT OF WORK The Municipal Telecommunications Utility of Waterloo DBA Waterloo 5.0 PERIOD OF PERFORMANCE 5.1 ESTIMATED TIMELINE The estimated timeline for the Services will begin within thirty (30) days after execution of this SOW and continue until final approval for project closeout. If Services have not been scheduled at the execution of this SOW, a timeline should be developed mutually by the Parties and agreed to before each phase of the Services begins. The actual start date will depend on the following considerations: • Scheduled availability of a qualified systems engineer • Receipt of Product and any necessary equipment • Receipt of signed SOW from Customer prior to proposed start date • Receipt of purchase order from Customer 5.2 TERMINATION Either Party may terminate the SOW for any reason on thirty (30) days prior written notice to the other Party. Upon any such termination, ePlus will be paid all fees and expenses which have been incurred or earned in connection with the performance of the Services through the effective date of such termination. Additionally, in the event Customer cancels any Services with less than two (2) weeks prior notice, Customer shall reimburse ePlus for any non-refundable expenses incurred in preparation for such cancelled Services. 6.0 PRICING AND PAYMENT TERMS • For the Services performed under this SOW, Customer agrees to pay ePlus a fee of $164,859.00 (the “Fee”). • Milestones are as follows: TITLE: DESCRIPTION: AMOUNT: Milestone 1 SOW Project Kickoff $49,457.70 Milestone 2 Approval of High-Level Design $32,971.80 Milestone 3 Hardware Installation $32,971.80 Milestone 4 Completion of Acceptance Tests and Turn-up $32,971.80 Milestone 5 Final Approval at Project Closeout $16,485.90 The Pricing in this SOW is valid for sixty (60) days from delivery to the Customer. Fees do not include reasonable travel to and from the required location or incidental expenses. Customer shall issue a purchase order adequate to cover the Fee prior to commencement of Services. Fees for additional services related to but not defined in this SOW will be on a time and materials basis at a rate set forth in a written amendment or Change Request. All tasks under this SOW will be completed during Normal Business Hours. Payment is due upon receipt of invoice. Customer acknowledges that ePlus may participate in and retain the benefit of incentive plans or other programs with, among others, its travel providers wherein ePlus may receive benefits, such as frequent flier miles or other consideration for corporate travel volume. Fees, expenses, and other charges for the Services do not include sales, use, excise, value added, or other applicable taxes, tariffs, or 8/8/2023 The Municipal Telecommunications Utility of Waterloo DBA Waterloo-Fiber Equipment and Services RFP-132469 PAGE 9 STATEMENT OF WORK The Municipal Telecommunications Utility of Waterloo DBA Waterloo duties. Payment that may be due on such amounts, and shall be the sole responsibility of Customer (excluding any applicable taxes based on ePlus’ net income or taxes arising from the employment or independent contractor relationship between ePlus and its personnel). 7.0 ACCEPTANCE OF MILESTONES OR SERVICES Upon ePlus’ completion of a Milestone or Service performed, ePlus shall notify Customer by providing one of the following forms of acceptance: • Signed work order or time sheet; or • Milestone/Service Completion Certificate (“MCC”); or • Project completion document Customer has ten (10) working days from the completion of the Services or Milestone, as applicable, to accept the work performed as being complete. Signing of the MCC, approving the time sheet, or Customer’s failure to respond to the approval request within the designated ten (10) working day period, signifies Customer’s acceptance of the Milestone or time sheet and that Services have been performed in accordance with the SOW. In order to refuse acceptance of the Services, Customer must provide ePlus with full details that show that Services do not conform to the SOW. ePlus shall address such non-conformance in a timely manner and shall compile an action plan to correct any deficiencies. The acceptance process shall be repeated until all deficiencies have been resolved and the Services meet the requirements of the SOW. Acceptance may not be withheld due to defects in Services that do not represent a material non-conformance with the requirements of the SOW. 8.0 CHANGE MANAGEMENT PROCEDURES Any change to the scope of Services or the obligations of the Parties under this SOW shall be set forth in a mutually agreed change request signed by both Parties (“Change Request”). The Change Request may be drafted by either Party and will describe the nature of the change, the reason for the change, and the effect of the change on the scope of work, Deliverables and/or the schedule. The Parties will negotiate in good faith the changes to the Services and the additional charges, if any, required to implement the Change Request. 9.0 WARRANTY • The standard of care for all professional engineering and related services performed or furnished by ePlus under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. If, during the thirty (30) day period following completion of the Services under this SOW, it is shown there is an error in the Services caused solely by ePlus's failure to meet such standards and Customer has notified ePlus in writing of any such error within that period, ePlus shall re-perform, at no additional cost to Customer such Services as may be necessary to remedy such error. 10.0 LIMITATION OF LIABILITY • IN NO EVENT WILL EPLUS BE LIABLE TO THE CUSTOMER OR ITS AFFILIATES FOR (A) ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF EPLUS HAS BEEN ADVISED OF THE POSSIBILITY THEREOF., (B) ANY DAMAGES RESULTING FROM LATENT DEFECTS, LOSS OF DATA OR PROFITS, (C) ANY CLAIM WH ETHER IN CONTRACT OR TORT, THAT AROSE MORE THAN ONE (1) YEAR PRIOR TO INSTITUTION OF SUIT THEREIN. EPLUS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM THE USE, OPERATION OR PERFORMANCE OF PRODUCTS MANUFACTURED OR LICENSED BY THIRD PARTIES. EXCEPT FOR DAMAGES RESULTING FROM PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGES DIRECTLY RESULTING FROM GROSS NEGLIGENCE, EPLUS’ AGGREGATE LIABILITY HEREUNDER, IF ANY, SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY CUSTOMER PURSUANT TO THIS STATEMENT OF WORK. IN NO EVENT SHALL EPLUS BE LIABLE FOR ANY 8/8/2023 The Municipal Telecommunications Utility of Waterloo DBA Waterloo-Fiber Equipment and Services RFP-132469 PAGE 10 STATEMENT OF WORK The Municipal Telecommunications Utility of Waterloo DBA Waterloo CLAIMS BY A THIRD PARTY. EACH PARTY ACKNOWLEDGES THAT THIS SECTION SETS FORTH A REASONABLE ALLOCATION OF LIABILITY BETWEEN THEM, AND THAT EPLUS’ PRICING IS OFFERED IN RELIANCE ON THE WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS SOW. Subject to insurance liability levels.. EACH PARTY’S LIABILITY HEREUNDER SHALL NOT EXCEED ONE MILLION ($1,000,000) USD. 11.0 OTHER TERMS AND CONDITIONS • Effect of Termination: Termination of this SOW does not relieve Customer’s obligations to pay all fees that accrued before termination. Late Payment Charge and Default: Customer agrees to pay a late payment charge computed at the rate of one and one-half percent (1.5%) per month, or the maximum late payment charge permitted by applicable law, whichever is less, on any unpaid amount due under this Agreement and/or Purchase Orders. A late payment charge will apply to any amount not received by the due date and continue until all overdue payments, including late charges, are paid in full. Failure by ePlus to assess this charge on one occasion in no way affects its right to do so on another occasion. In the event ePlus must resort to collection, Customer shall be responsible for all collection costs, including legal fees. ePlus reserves its right to review and revise either the credit or the payment terms based on Customer’s financial condition or payment history at the time of such review, and Customer agrees to provide all relevant information to affect such review. ePlus further reserves its right to suspend Services for nonpayment by Customer for Services either under this Agreement and/or Purchase Orders. Assignment: Neither Party may assign this SOW without the prior written consent of the other Party, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that either Party may assign this SOW to a corporation controlling, controlled by or under common control with the assigning Party without the prior written consent of the other Party. Non-Disclosure: “Confidential Information” is information or material disclosed by a party (“Discloser”) to the other (Recipient”) in connection with this Agreement that is either (a) marked or identified in writing as confidential, or (b) relates to the processes, technology, plans, or methodologies used by ePlus or its suppliers to provide the Services. Recipient shall not disclose Confidential Information to any third party until three (3) years after expiration or termination of this Agreement. Confidential Information does not include information that: (i) is or becomes publicly available without breach of this Agreement; (ii) is in Recipient’s possession at the time of receipt or becomes available from a third party without breach of confidentiality obligation; or (iii) is independently developed by or for Recipient without access to Confidential Information, as evidenced by written records. This section shall not prohibit ePlus from disclosing information required by its suppliers or subcontractors in connection with this Agreement. Customer acknowledges that ePlus or its employees and subcontractors may provide similar services to others and use or disclose to others general knowledge, skill and experience developed over the years, including under this Agreement. A Recipient may disclose Confidential Information pursuant to a legal requirement or court order after first notifying Discloser and providing a reasonable period of time in which Discloser may obtain a protective order limiting the scope of disclosure, not to exceed ten (10) business days. Non-Solicitation: Customer acknowledges that ePlus has invested significant resources in the training of its employees and that these employees are a valuable resource. Therefore, if ePlus provides Services under this Agreement, Customer agrees that during the term of this Agreement and for a period of eighteen (18) months thereafter, Customer shall not solicit for hire or hire employees of ePlus (or anyone who has been employed by ePlus within the month prior to the date of solicitation). Should such a hiring of an ePlus employee take place, ePlus shall be entitled to liquidated damages and/or compensation directly from the Customer in the amount of 20% of the employee’s total annual compensation. Choice of Law, Attorney Fees and Jury Trial Waiver: The laws of the State of Iowa will govern the construction and operation of this SOW without regard to the conflicts of laws and provisions thereof. The Parties hereto waive, and to the extent permitted by law, all rights to a jury trial in any action or proceeding to enforce or defend any rights hereunder. Severability: The invalidity of any provision of this SOW will not affect the validity and binding effect of any other provision. Subcontracting: The relationship created hereunder between the Parties shall be solely that of independent contractors entering into an agreement. No representations or assertions shall be made or actions taken that could imply or establish any agency, joint venture, fiduciary, partnership, employment or other relationship between the Parties with respect to the subject matter of this SOW. ePlus retains the right to subcontract any Service described herein to subcontractor(s) of ePlus' choosing, provided that such subcontractor(s) shall possess qualifications equivalent to those of ePlus. 8/8/2023 The Municipal Telecommunications Utility of Waterloo DBA Waterloo-Fiber Equipment and Services RFP-132469 PAGE 11 STATEMENT OF WORK The Municipal Telecommunications Utility of Waterloo DBA Waterloo Data Rights and Consents: Customer represents and warrants that it has all right, title, and interest in and to any data furnished in connection with the Services and/or that it has obtained all necessary consents, permissions, and releases necessary for ePlus to perform its obligations under this SOW. To the extent allowed by law, Customer shall indemnify, defend, and hold ePlus harmless from any claims or liabilities arising out of Customer’s breach of the foregoing. Integration; Order of Precedence: This SOW constitutes the entire agreement of the Parties hereto with respect to its subject matter and supersedes all prior and contemporaneous representations, proposals, discussions, and communications, whether oral or in writing. In the event of a conflict between the provisions of this SOW and any exhibits, the provisions of this SOW shall control, except to the extent the provisions in an exhibit expressly provide otherwise. This SOW may be modified only by means of a duly executed written amendment. Neither the terms of any purchase order, invoice, or other instrument documenting a payment or transaction that is issued by either Party in connection this SOW, nor any other act, document, usage, custom, or course of dealing shall modify the terms of this Agreement. This SOW shall be enforceable in accordance with its terms when signed by each of the Parties hereto. • Indemnification: ePlus hereby agrees to indemnify, defend, and hold harmless the Customer, and its officers, agents and employees from and against any and all suits and claims of liability of every name and nature, including, but not limited to, reasonable attorney’s fees and costs arising out of or directly relating to any negligence of ePlus, its sub-consultants and its and their agents or employees in the performance of the work covered by this SOW and/or failure to comply with terms and conditions of this SOW. The foregoing provisions shall not be deemed to be released, waived or modified in any respect by reason of any surety or insurance provided by ePlus under this Agreement. Nothing in this paragraph shall apply to indemnification for claims arising from professional services, which is addressed below. To the fullest extent permitted by law, ePlus agrees to indemnify and hold Customer, and its officers, agents and employees harmless from and against any and all suits and claims of liability of every name and nature, including, but not limited to, reasonable attorney’s fees and costs arising out of or directly relating to defending any action, arising out of the ePlus’s negligent performance of professional services. Nothing in this section shall apply to indemnification for claims arising from non-professional services which are addressed above. If a suit, action, arbitration or other legal proceeding is instituted in connection with any controversy arising out of this SOW or to interpret or enforce any rights under this SOW, the prevailing party shall be entitled to recover from the non-prevailing party all attorney fees, costs, expert witness fees and litigation expenses incurred by the prevailing party, including those incurred on appeal. 12.0 SOW ACCEPTANCE This SOW # The Municipal Telecommunications Utility of Waterloo DBA Waterloo-Fiber Equipment and Services RFP-132469 is acceptable. Please sign and return to Nick Perry at nick.perry@eplus.com. IN WITNESS WHEREOF, the duly authorized representatives of the Parties hereto hav e caused this SOW to be executed. ePlus Technology, inc. The Municipal Telecommunications Utility of Waterloo DBA Waterloo AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE PRINTED NAME PRINTED NAME TITLE TITLE DATE DATE PO# 8/8/2023 The Municipal Telecommunications Utility of Waterloo DBA Waterloo-Fiber Equipment and Services RFP-132469 PAGE 12 STATEMENT OF WORK The Municipal Telecommunications Utility of Waterloo DBA Waterloo e+ Technology Inc tech@eplus.com PROPOSAL 13595 Dulles Technology Drivewww.eplus.com PROPOSAL NO DATE Herndon, VA 20171-3413 8/8/2023 Tel +1 888-482-1122 Fax +1 703-984-8600 Line Section Extended 2 Support Support 39,363.23$ NCS57C3 Hardware Hardware Support Support 73,872.92$ 21,531.63$ C9500 Support Support 59,809.51$ 25,477.50$ VMWare Hardware Hardware Spares 129,244.71$ Justin Buse & Nate Czerwan Account Manager Nick Perry Sales Engineer PROPOSAL SUMMARY Description 1 Hardware Hardware ASR9902 Hardware Hardware Support Support EIP Hardware Hardware Support Support Arbor Hardware Hardware Support Support Hardware Hardware A10 Hardware Hardware Support Support UPS-PDU Hardware Hardware OpenGear Hardware Hardware 51,587.58$ 5,095.50$ 32,151.99$ 16,322.72$ Optics Hardware Hardware Calix Hardware Hardware Support Support Fortinet 22,122.08$ 8,177.25$ 268,340.82$ 5,077.19$ 36,257.41$ 29,300.56$ -$ 92,837.28$ 49,477.64$ 19,817.78$ CCI Systems, Inc.Confidential e+ Technology Inc tech@eplus.com PROPOSAL 13595 Dulles Technology Drivewww.eplus.com PROPOSAL NO DATE Herndon, VA 20171-3413 8/8/2023 Tel +1 888-482-1122 Fax +1 703-984-8600 Line Section Extended Justin Buse & Nate Czerwan Account Manager Nick Perry Sales Engineer PROPOSAL SUMMARY Description Solution Notes:TOTAL:1,177,215.87$ Ship To: Bill To: Signature All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions for Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance of any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Any periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add- ons, quantity adjustments and automatic renewals are non-cancelable for any reason except by public sector customers required by law to terminate due to non-appropriation of funds. PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As a result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable and products non- returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, or is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. Hardware Hardware 25,184.66$ Dell Support Support -$ Calix ONT Hardware Hardware 9,528.63$ Support Support 8,454.33$ Hardware Hardware 148,182.95$ CCI Systems, Inc.Confidential Date 8/8/2023 Item Product Number Product Description Qty Std Unit Price Promo Incentive Net Unit Net Ext Price Hardware 1 ASR-9902 ASR 9902 Chassis, 2RU 2 60,313.71$ (16,753.81)$ 43,559.90$ 87,119.80$ 1.1 A9K-OTHER ASR9000; Other Network Applications; For Tracking Only 2 1.2 ASR-9902-FAN ASR 9902 Fan Module 6 217.76$ (60.49)$ 157.27$ 943.63$ 1.3 ASR-9902-2P-KIT ASR 9902 2-Post Mounting Kit for 19 & 23 inch Rack 2 1.4 ASR-9902-CAB-MGMT ASR 9902 Cable Management Brackets 2 1.5 ASR-9902-FILTER ASR 9902 Air Filter 2 435.52$ (120.98)$ 314.54$ 629.09$ 1.6 A99-RP-F ASR 9900 Fixed Chassis Route Processor 4 7,621.54$ (2,117.10)$ 5,504.44$ 22,017.78$ 1.7 S-A9902-IVRF ASR 9902 License to Activate up to 8 VRFs for Fixed Ports 2 4,355.17$ (1,209.77)$ 3,145.40$ 6,290.80$ 1.8 S-A9K-LI-LIC ASR 9K Smart License Lawful Intercept 2 4,355.17$ (1,209.77)$ 3,145.40$ 6,290.80$ 1.9 XR-A9K-X64K9-07.9 Cisco ASR9000 64-BIT IOS XR Software 3DES 2 3,250.13$ (902.81)$ 2,347.32$ 4,694.64$ 1.1 PWR-1.6KW-DC ASR 9900 Fixed Chassis DC Power Supply 4 435.52$ (120.98)$ 314.54$ 1,258.17$ 1.11 PWR-2KW-DC-CBL Power Cord - 2KW DC 4 129,244.71$ 3 Year Support 1.0.1 CON-SNT-ASR92902 SNTC-8X5XNBD ASR 9902 Chassis, 2R 2 30,833.43$ (19,626.88)$ 11,206.55$ 22,413.09$ 1.6.0.1 CON-SNT-A99RPF SNTC-8X5XNBD ASR 9900 Fixed Chassis Route Processor 4 3,892.35$ (2,477.66)$ 1,414.69$ 5,658.77$ 1.7.0.1 CON-ECMU-SA9902IF SWSS UPGRADES ASR 9902 License to Activate up to 8 VRF 2 3,177.90$ (2,022.88)$ 1,155.02$ 2,310.04$ 1.8.0.1 CON-ECMU-SA9KLILI SWSS UPGRADES ASR 9K Smart License 2 3,177.90$ (2,022.88)$ 1,155.02$ 2,310.04$ 1.11.0. 1 CON-ECMU-XKKRA9KX SWSS UPGRADES Cisco ASR9000 64-BIT IOS XR Software 3DE 2 3,335.64$ 3,335.64$ 6,671.28$ Support Sub-Total 39,363.23$ 168,607.94$ Customer Acceptance Proposal Prepared For Waterloo Proposal Name RFP - 9902 Account Manager Nick Perry Sales Engineer Title: Justin Buse Hardware Sub-Total Date: TOTAL: Ship To: All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions for Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance of any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Any periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non-cancelable for any reason except by public sector customers required by law to terminate due to non-appropriation of funds. PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As a result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable and products non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, or is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. Customer PO #: Bill To: Signature: Name: e+ Technology Inc 13595 Dulles Technology Drive Herndon, VA 20171-3413 Tel +1 888-482-1122 Fax +1 703-984-8600 tech@eplus.com www.eplus.com CCI Systems, Inc. 20230804-Waterloo- Internal ac incentive boms (2) (5)Page 3 of 17 Date 8/8/2023 Item Product Number Product Description Qty Std Unit Price Promo Incentive Net Unit Net Ext Price Hardware 2 NCS-57C3-MOD-SYS NCS 57C3 Base Chassis, Flexible Consumption Need Smart Lic 2 19,598.25$ (5,443.96)$ 14,154.29$ 28,308.58$ 2.1 NCS-57C3-MOD-TRK 57C3 Base Hardware Tracking PID 2 2.2 NC55-MPA-BLNK NCS 5500 MPA Blank Filler 6 2.3 NC57-C3-FAN1-FW NCS 57C3 Fan Tray (40mm) Chassis Port-S Intake 8 2.4 NC57-C3-FAN2-FW NCS 57C3 Fan Tray (60mm) Chassis Port-S Intake 4 2.5 NC57-3RU-ACC-KIT NCS 57C3 Accessory Kit for 3RU Chassis 2 2.6 NC57-MOD-RP2-E NCS 5700 Route Processor with SyncE 4 4,355.17$ (1,209.77)$ 3,145.40$ 12,581.60$ 2.7 XR-7.6-K9-TRK IOS-XR 7.6 tracking license 2 2.8 TRK-7.6-K9-NC55 IOS XR 7.6 K9 Software Image 2 2.9 ADN-100G-RTU-2 Core & Aggregation Advantage w/ Essentials SW RTU v2.0 100G 16 3,792.63$ (2,758.28)$ 1,034.35$ 16,549.66$ 2.1 ESS-100G-RTU-2 Core & Aggregation Essentials SW Right-to-Use v2.0 100G 8 2,195.73$ (1,596.90)$ 598.83$ 4,790.67$ 2.11 NC57-1600W-DCFW NCS 57C3 DC 1560W Power Supply Port-S Intake / Front-to-back 4 2.12 CAB-48DC-40A-8AWG C-Series -48VDC PSU Power Cord, 3.5M, 3 Wire, 8AWG, 40A 4 2.13 SD-SVS-FC-IOSXR Flexible Consumption IOSXR 2 2.14 ESS2-100G-SIA-3 Core & Aggr Essentials SIA v2.0 100G 3-5 year term 8 1,197.90$ (871.20)$ 326.70$ 2,613.60$ 2.15 ADN2-100G-SIA-3 Core & Aggr Advantage Nested SIA v2.0 100G 3-5 year term 16 2,069.10$ (1,504.80)$ 564.30$ 9,028.80$ 73,872.92$ 3 Year Support 2.0.1 SD-AR1K-NCSSYSC3 AR LEVEL 1 NO SW SUP NCS 57C3 Base Chassi 2 14,896.20$ (9,482.11)$ 5,414.09$ 10,828.18$ 2.6.0.1 SD-AR1K-NC57MODR AR LEVEL 1 NO SW SUP NCS 5700 Route Proc w SyncE 4 2,979.90$ (1,896.84)$ 1,083.06$ 4,332.23$ 2.9.0.1 SD-SWK-ADN100GR SW SUPPORT NO UPG Core Aggregation AdvantageNested SW Ri 16 849.75$ (540.90)$ 308.85$ 4,941.53$ 2.10.0. 1 SD-SWK-ESS1002G SW SUPPORT NO UPG Core andAggregation Essentials SWRight-t 8 491.70$ (312.99)$ 178.71$ 1,429.68$ Support Sub-Total 21,531.63$ 95,404.55$ Customer Acceptance Proposal Prepared For Waterloo Proposal Name RFP - NCS57C3 Account Manager Nick Perry Sales Engineer Title: Justin Buse Hardware Sub-Total Date: TOTAL: Ship To: All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions for Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance of any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Any periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non-cancelable for any reason except by public sector customers required by law to terminate due to non-appropriation of funds. PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As a result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable and products non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, or is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. Customer PO #: Bill To: Signature: Name: e+ Technology Inc 13595 Dulles Technology Drive Herndon, VA 20171-3413 Tel +1 888-482-1122 Fax +1 703-984-8600 tech@eplus.com www.eplus.com CCI Systems, Inc. 20230804-Waterloo- Internal ac incentive boms (2) (5)Page 4 of 17 Date 8/8/2023 Item Product Number Product Description Qty Std Unit Price Promo Incentive Net Unit Net Ext Price Hardware 3 C9500-24Y4C-A Catalyst 9500 24x1/10/25G and 4-port 40/100G, Advantage 5 10,527.68$ (2,105.54)$ 8,422.14$ 42,110.72$ 3.1 CAB-9K12A-NA Power Cord, 125VAC 13A NEMA 5-15 Plug, North America 10 3.2 C9K-PWR-650WAC-R 650W AC Config 4 Power Supply front to back cooling 5 3.3 C9K-PWR-650WAC-R/2 650W AC Config 4 Power Supply front to back cooling 5 1,065.30$ (213.06)$ 852.24$ 4,261.20$ 3.4 C9K-F1-SSD-BLANK Cisco pluggable SSD storage 5 3.5 C9K-T1-FANTRAY Catalyst 9500 Type 4 front to back cooling Fan 10 3.6 C9500-NW-A C9500 Network Stack, Advantage 5 3.7 S9500UK9-179 Cisco Catalyst 9500 XE 17.9 UNIVERSAL 5 3.8 C9500-SSD-NONE No SSD Card Selected 5 3.9 C9500-DNA-24Y4C-A C9500 DNA Advantage, Term License 5 3.9.1 C9500-DNA-L-A-3Y Cisco Catalyst 9500 DNA Advantage 3 Year License 5 3,779.32$ (1,091.80)$ 2,687.52$ 13,437.59$ 3.1 PI-LFAS-T Prime Infrastructure Lifecycle & Assurance Term - Smart Lic 15 3.10.1 PI-LFAS-AP-T-3Y PI Dev Lic for Lifecycle & Assurance Term 3Y 15 3.11 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment 5 Support 3 Year 59,809.51$ 3.0.1 CON-SSSNT-C95024YA SOLN SUPP 8X5XNBD Catalyst 9500 24-port 25/100G only, Adva 5 5,095.50$ 5,095.50$ 25,477.50$ 3.9.0.1 CON-SSTCM-C9512QA SOLN SUPP SW SUBC9500 DNA Advantage 5 Support Sub-Total 25,477.50$ 85,287.01$ Customer Acceptance Proposal Prepared For Waterloo Proposal Name RFP - C9500 Account Manager Nick Perry Sales Engineer Title: Justin Buse Hardware Sub-Total Date: TOTAL: Ship To: All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions for Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance of any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Any periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non-cancelable for any reason except by public sector customers required by law to terminate due to non-appropriation of funds. PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As a result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable and products non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, or is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. Customer PO #: Bill To: Signature: Name: e+ Technology Inc 13595 Dulles Technology Drive Herndon, VA 20171-3413 Tel +1 888-482-1122 Fax +1 703-984-8600 tech@eplus.com www.eplus.com CCI Systems, Inc. 20230804-Waterloo- Internal ac incentive boms (2) (5)Page 5 of 17 Date 8/8/2023 Item Product Number Product Description Qty Std Unit Price Promo Incentive Net Unit Net Ext Price Hardware 24 CAB-48DC-40A-8AWG=C-Series -48VDC PSU Power Cord, 3.5M, 3 Wire, 8AWG, 40A 2 29.31$ (51.30)$ (21.99)$ (43.99)$ 25 C9500-24Y4C-A Catalyst 9500 24x1/10/25G and 4-port 40/100G, Advantage 1 10,527.68$ (2,105.54)$ 8,422.14$ 8,422.14$ 25.1 CAB-9K12A-NA Power Cord, 125VAC 13A NEMA 5-15 Plug, North America 2 25.2 C9K-PWR-650WAC-R 650W AC Config 4 Power Supply front to back cooling 1 25.3 C9K-PWR-650WAC-R/2 650W AC Config 4 Power Supply front to back cooling 1 1,065.30$ (213.06)$ 852.24$ 852.24$ 25.4 C9K-F1-SSD-BLANK Cisco pluggable SSD storage 1 25.5 C9K-T1-FANTRAY Catalyst 9500 Type 4 front to back cooling Fan 2 25.6 C9500-NW-A C9500 Network Stack, Advantage 1 25.7 S9500UK9-179 Cisco Catalyst 9500 XE 17.9 UNIVERSAL 1 25.8 C9500-SSD-NONE No SSD Card Selected 1 25.9 C9500-DNA-24Y4C-A C9500 DNA Advantage, Term License 1 25.9.1 C9500-DNA-L-A-3Y Cisco Catalyst 9500 DNA Advantage 3 Year License 1 3,779.32$ (671.88)$ 3,107.44$ 3,107.44$ 25.1 PI-LFAS-T Prime Infrastructure Lifecycle & Assurance Term - Smart Lic 3 25.10.1 PI-LFAS-AP-T-3Y PI Dev Lic for Lifecycle & Assurance Term 3Y 3 25.11 NETWORK-PNP-LIC Network Plug-n-Play Connect for zero-touch device deployment 1 E9 100-04465 E9-2 CLX3001 Aggregation and Common Control Card (4xCDFP, 2xQSFP28, 8xSFP+, 2xSFP)1 9,723.42$ 9,723.42$ 9,723.42$ 100-04713 CDFP to 4 x 100GE QSFP28 Direct Attach Breakout Cable (DAC), 1m, passive1 539.21$ 539.21$ 539.21$ 100-05709 E9-2 XG3201 line card (32 ports XGS-PON) 1 20,210.53$ 20,210.53$ 20,210.53$ OIM 100GE Transport 100-04650 QSFP28, 100GE Multi Mode Optical Transceiver 100m, 850nm, MPO12, C-Temp1 635.53$ 635.53$ 635.53$ 100-04744 QSFP28 100GE Single Mode Optical Transceiver 10km, 1310nm, Dual LC, C-Temp1 2,208.68$ 2,208.68$ 2,208.68$ 100-04997 QSFP28 100GE Single Mode Optical Transceiver 25km-40km, 1310nm, Dual LC, C-Temp1 5,156.05$ 5,156.05$ 5,156.05$ OIM 10G PON 100-05729 XGS-PON SFP-DD, Dual Channel 10G/10G, Class N1, 1577/1270nm, 20km, LC, I-Temp, OLT1 776.32$ 776.32$ 776.32$ Support 3 Year 51,587.58$ 25.0.1 CON-SSSNT-C95024YA SOLN SUPP 8X5XNBD Catalyst 9500 24-port 25/100G only, Adva 1 5,095.50$ 5,095.50$ 5,095.50$ 25.9.0. 1 CON-SSTCM-C9512QA SOLN SUPP SW SUBC9500 DNA Advantage 1 Support Sub-Total 5,095.50$ 56,683.08$ Customer Acceptance Proposal Prepared For Waterloo Proposal Name RFP - Spares Account Manager Nick Perry Sales Engineer Title: Justin Buse Hardware Sub-Total Date: TOTAL: Ship To: All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions for Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance of any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Any periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non-cancelable for any reason except by public sector customers required by law to terminate due to non-appropriation of funds. PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As a result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable and products non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, or is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. Customer PO #: Bill To: Signature: Name: e+ Technology Inc 13595 Dulles Technology Drive Herndon, VA 20171-3413 Tel +1 888-482-1122 Fax +1 703-984-8600 tech@eplus.com CCI Systems, Inc. 20230804-Waterloo- Internal ac incentive boms (2) (5)Page 6 of 17 Quote# Item Product Number Product Description Qty Unit Price Extended Price SDS-570-DDI-3YS-GM 3 Year Period Subscription for SOLIDserver 570 software appliance DNSDHCP-IPAM Services - 24/7 support services2 $ 10,464.20 $ 20,928.40 SDS-570-NC-IPL-EX-3YS-GM 3 Year Period Subscription - NetChange-IPLocator for SOLIDserver 570 DDI software subscription - 24/7 support services 3 Year Period Subscription - NetChange-IPLocator in 1 $ 8,372.16 $ 8,372.16 Hardware Grand Total 29,300.56$ SDS-570-NC-IPL-EX-PM-3YS 3 Year Period Subscription - NetChange-IPLocator in passive mode for SOLIDserver 570 DDI software subscription - 24/7 support services 1 -$ Notes: 29,300.56$ Customer Acceptance Account Manager Nick Perry Sales Engineer Support 3 Year Justin Buse Proposal Prepared For Waterloo Proposal Name RFP EIP Support Grand Total TOTAL: TERMS AND CONDITIONS Ship To: All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions for Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance of any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Any periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non- cancelable for any reason except by public sector customers required by law to terminate due to non-appropriation of funds. PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As a result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable and products non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, or is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. Bill To: Signature: Name: Title: Date: Customer PO #: e+ Technology Inc 13595 Dulles Technology Drive Herndon, VA 20171-3413 Tel +1 888-482-1122 Fax +1 703-984-8600 tech@eplus.com www.eplus.com Quote# Item Product Number Product Description Qty Unit Price Extended Price SP-FXP-CORE-1 SP Flex Purchase - Core Router License Perpetual SP software license for monitoring 1 Core router and 10,000 FPS. Customer must purchase M&S separately. 2 $ 12,926.14 $ 25,852.28 AIF-SP-FXS-CORE-1-STD-3YR Sightline FXS - Subscription to ATLAS Intelligence Feed Annual subscription to ATLAS Intelligence Feed with automatic content updates. No partial deployment subscription allowed. All Sightline software entitlements in a deployment must be AIF licensed. Price includes a 10% discount for multi-year purchase to be paid in advance. 2 $ 2,013.49 $ 4,026.98 SP-TRAIN-USER-DDOS-OE Sightline/TMS DDOS Mitigation User Course (Open) One seat in the (24) hour instructor-led, open enrollment Sightline/TMS DDOS User course held via the Netscout virtual classroom or at a classroom appropriate location at the discretion of Netscout. Course syllabus as published at www.netscout.com. Includes softcopy course materials, and access to the Netscout virtual classroom and training lab for exercises. All content is written & delivered in English 1 $ 2,272.73 $ 2,272.73 32,151.99$ MNT-SP-FXP-CORE-1-T1-3YR SP Flex Maintenance & Support - Tier 1 Arbor provides direct 1st level support to end customer. Includes technical support via telephone and email response 24x7x365, privileged access to Customer Support Center web site, and software maintenance updates. 3 Day (U.S. business day) advanced hardware replacement service, if applicable. Price includes a 10% discount for multiyear purchase to be paid in advance. 2 8,161.36$ 16,322.72$ 16,322.72$ Notes: 48,474.71$ Customer Acceptance TERMS AND CONDITIONS All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions for Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance of any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Any periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non-cancelable for any reason except by public sector customers required by law to terminate due to non-appropriation of funds. PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As a result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable and products non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, or is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. Signature: Bill To: Ship To: Date: Customer PO #: Name: Title: Support Sub-Total TOTAL: Waterloo Proposal Name Waterloo Fiber- Arbor Account Manager Nick Perry Support 3 Year Proposal Prepared For Justin Buse Hardware Sub-Total Sales Engineer e+ Technology Inc 13595 Dulles Technology Drive Herndon, VA 20171-3413 Tel +1 888-482-1122 Fax +1 703-984-8600 tech@eplus.com www.eplus.com Quote# Item Product Number Product Description Qty Unit Price Extended Price TH3350-D20-CGN Thunder 3350 CGN, 1U, 1CPU, 6x1GC, 2x1GF, 4x10GF, 4x25GF, 4x40GF, 32GB, 1SSD, No LOM, No FTA, no S+R ASIC, SSL Builtin, screwless railkit, 2 DC PSU 2 $ 41,230.59 $ 82,461.18 TRAINING-CREDIT Training Credits are redeemable for A10 Networks training items for up to 6 months by any employee of the organization. For a full list of training policies, refer to A10's training website 105 $ 98.82 $ 10,376.10 92,837.28$ GOLD SUPPORT 3 Year 24x7 Technical Support Access/Advanced Hardware Replacement 3 Years 2 24,738.82$ 49,477.64$ 49,477.64$ Notes: 142,314.92$ Customer Acceptance Proposal Prepared For Waterloo Proposal Name RFP A10 Account Manager Nick Perry Sales Engineer Hardware Sub-Total Justin Buse Support Sub-Total TOTAL: Support 3 Year TERMS AND CONDITIONS Ship To: All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions for Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance of any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Any periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non- cancelable for any reason except by public sector customers required by law to terminate due to non-appropriation of funds. PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As a result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable and products non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, or is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. Bill To: Signature: Name: Title: Date: Customer PO #: e+ Technology Inc 13595 Dulles Technology Drive Herndon, VA 20171-3413 Tel +1 888-482-1122 Fax +1 703-984-8600 tech@eplus.com www.eplus.com Quote# Item Product Number Product Description Qty Unit Price Extended Price 6012404 FTN-FG201F 18 x GE RJ45 (including 1 x MGMT port, 1 X HA port, 16 x switch ports), 8 x GE SFP slots, 4 x 10GE SFP+ slots, NP6XLite and CP9 hardware accelerated, 480GB onboard SSD storage. 2 $ 4,251.44 $ 8,502.88 6012424 FTN-FC10F201F9280236 FortiGate-201F 3 Year Advanced Threat Protection (IPS, Advanced Malware Protection Service, Application Control, and FortiCare Premium)2 $ 5,657.45 $ 11,314.90 19,817.78$ Notes: 19,817.78$ Customer Acceptance Account Manager Nick Perry Sales Engineer Hardware Sub-Total Justin Buse Proposal Prepared For Waterloo Proposal Name RFP Fortinet TOTAL: TERMS AND CONDITIONS Ship To: All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions for Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance of any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Any periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non- cancelable for any reason except by public sector customers required by law to terminate due to non-appropriation of funds. PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As a result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable and products non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, or is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. Bill To: Signature: Name: Title: Date: Customer PO #: e+ Technology Inc 13595 Dulles Technology Drive Herndon, VA 20171-3413 Tel +1 888-482-1122 Fax +1 703-984-8600 tech@eplus.com www.eplus.com Quote# Item Product Number Product Description Qty Unit Price Extended Price 000-01049 E9-2 Two Shelf OLT System Package (2 x Shelves, 8 x Fans, 2 x Installation Kits)2 $ 1,923.16 $ 3,846.32 000-01050 E9-2 Three Shelf OLT System Package (3 x Shelves, 12 x Fans, 3 x Installation Kits)1 $ 2,885.05 $ 2,885.05 100-04465 E9-2 CLX3001 Aggregation and Common Control Card (4xCDFP, 2xQSFP28, 8xSFP+, 2xSFP)6 $ 9,723.42 $ 58,340.52 100-04980 CDFP to 4 x 100GE QSFP28 Direct Attach Breakout Cable (DAC), 2m, passive 8 $ 497.68 $ 3,981.44 100-04746 E9 Line Card Blank (single slot)1 $ 49.89 $ 49.89 100-05709 E9-2 XG3201 line card (32 ports XGS-PON)7 $ 20,210.53 $ 141,473.71 100-04650 QSFP28, 100GE Multi Mode Optical Transceiver 100m, 850nm, MPO12, C-Temp 2 $ 635.53 $ 1,271.06 100-04744 QSFP28 100GE Single Mode Optical Transceiver 10km, 1310nm, Dual LC, C-Temp 1 $ 2,208.68 $ 2,208.68 100-04997 QSFP28 100GE Single Mode Optical Transceiver 25km-40km, 1310nm, Dual LC, C-Temp 3 $ 5,156.05 $ 15,468.15 100-05729 XGS-PON SFP-DD, Dual Channel 10G/10G, Class N1, 1577/1270nm, 20km, LC, I-Temp, OLT 50 $ 776.32 $ 38,816.00 268,340.82$ 110-01162 Extended Warranty - Upfront - 5 years for 100-04465 7 289.26$ 2,024.82$ 110-01162 Extended Warranty - Upfront - 5 years for 100-05709 8 289.26$ 2,314.08$ 110-01164 Extended Warranty - Upfront - 5 years for 100-04469 7 105.47$ 738.29$ 5,077.19$ Notes: 273,418.01$ Customer Acceptance TERMS AND CONDITIONS Ship To: All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions for Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance of any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Any periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non- cancelable for any reason except by public sector customers required by law to terminate due to non-appropriation of funds. PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As a result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable and products non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, or is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. Bill To: Signature: Name: Title: Date: Customer PO #: Support Sub-Total TOTAL: Optional Support Hardware Sub-Total Justin Buse Proposal Prepared For Waterloo Proposal Name RFP Calix Account Manager Nick Perry Sales Engineer e+ Technology Inc 13595 Dulles Technology Drive Herndon, VA 20171-3413 Tel +1 888-482-1122 Fax +1 703-984-8600 tech@eplus.com www.eplus.com Quote# Item Product Number Product Description Qty Unit Price Extended Price QSFP-100G-SR4-S-C Cisco compatible 100G QSFP28-SR4, 850nm, MMF, MPO, 100M 12 $ 105.00 $ 1,260.00 QSFP-100G-LR4-S-C Cisco compatible 100G QSFP28-LR4, 1295nm to 1309nm, SMF, LC, 10KM 4 $ 615.00 $ 2,460.00 QSFP-100G-ER4L-S-C Cisco compatible 100G QSFP28-ER4L, 1295nm to 1309nm, SMF, LC, 40KM 7 $ 2,411.25 $ 16,878.75 SFP-25G-SR-S-C Cisco Compatible 25GBase-SR SFP28, MMF, 850nm, LC, 100M 16 $ 67.50 $ 1,080.00 SFP-10G-SR-C Cisco compatible 10G SFP+, 850nm, MMF, LC, 300M 40 $ 37.50 $ 1,500.00 GLC-TE-C Cisco compatible 10/1000/10000BASE-T SFP, Copper Rj45, 100M, ITEMP 4 $ 37.50 $ 150.00 9.0 QSFP-100G-AOC3M=100GBASE QSFP Active Optical Cable, 3m 3 $ 244.06 $ 732.18 Cisco Spares 6.0 100GQSFP-SR4-4=4 units of 100G SR4 1 $ 745.22 $ 745.22 6.1 QSFP-100G-SR4-S 100GBASE SR4 QSFP Transceiver, MPO, 100m over OM4 MMF 4 7.0 100GQSFP-LR4-4=4 units of 100G LR4 1 $ 3,193.79 $ 3,193.79 7.1 QSFP-100G-LR4-S 100GBASE LR4 QSFP Transceiver, LC, 10km over SMF 4 8.0 QSFP-100G-ER4L-S=100GBASE QSFP Transceiver, 40KM reach over SMF, Duplex LC 1 $ 7,983.94 $ 7,983.94 10.0 SFP-25G-SR-S=25GBASE-SR SFP Module 1 $ 113.55 $ 113.55 11.0 SFP-10G-SR=10GBASE-SR SFP Module 1 $ 109.85 $ 109.85 16.0 GLC-TE=1000BASE-T SFP transceiver module for Category 5 copper wire 1 $ 50.13 $ 50.13 36,257.41$ Notes: 36,257.41$ Customer Acceptance Justin Buse Proposal Prepared For Waterloo Hardware Sub-Total Proposal Name Waterloo- Optics Account Manager Nick Perry Sales Engineer TOTAL: TERMS AND CONDITIONS All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions for Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance of any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Any periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non- cancelable for any reason except by public sector customers required by law to terminate due to non-appropriation of funds. PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As a result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable and products non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, or is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. Signature: Bill To: Ship To: Name: Title: Date: Customer PO #: e+ Technology Inc 13595 Dulles Technology Drive Herndon, VA 20171-3413 Tel +1 888-482-1122 Fax +1 703-984-8600 tech@eplus.com www.eplus.com Quote# Item Product Number Product Description Qty Unit Price Extended Price OM1204-4E-L 4SER 4GBE 4G RAM 1GBE 16G FLASHWRLS 1GBE SFP X86 4GLTE PYTHON DOCKER 2 $ 1,866.75 $ 3,733.50 OM2216-DDC-L 16 SERIAL 8G RAM 64G FLASH WRLS 1GBE 1 $ 4,443.75 $ 4,443.75 8,177.25$ Notes: 8,177.25$ Customer Acceptance TERMS AND CONDITIONS Ship To: All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions for Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance of any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Any periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non- cancelable for any reason except by public sector customers required by law to terminate due to non-appropriation of funds. PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As a result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable and products non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, or is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. Bill To: Signature: Name: Title: Date: Customer PO #: TOTAL: Hardware Sub-Total Justin Buse Proposal Prepared For Waterloo Proposal Name RFP OpenGear Account Manager Nick Perry Sales Engineer e+ Technology Inc 13595 Dulles Technology Drive Herndon, VA 20171-3413 Tel +1 888-482-1122 Fax +1 703-984-8600 tech@eplus.com www.eplus.com Quote# Item Product Number Product Description Qty Unit Price Extended Price PDU PDUH30HV Horizontal 1U - power distribution unit 2 $ 324.20 $ 648.40 UPS SRT10KRMXLT APC Smart-UPS On-Line, 10kVA/10kW, Rackmount 6U, 208V, 4x L6- 20R+2x L6-30R NEMA outlets, Network Card+SmartSlot, Extended runtime, W/ rail kit 2 $ 10,736.84 $ 21,473.68 22,122.08$ Notes: 22,122.08$ Customer Acceptance TERMS AND CONDITIONS Ship To: All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions for Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance of any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Any periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non- cancelable for any reason except by public sector customers required by law to terminate due to non-appropriation of funds. PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As a result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable and products non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, or is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. Bill To: Signature: Name: Title: Date: Customer PO #: TOTAL: Hardware Sub-Total Justin Buse Proposal Prepared For Waterloo Proposal Name RFP UPS-PDU Account Manager Nick Perry Sales Engineer e+ Technology Inc 13595 Dulles Technology Drive Herndon, VA 20171-3413 Tel +1 888-482-1122 Fax +1 703-984-8600 tech@eplus.com www.eplus.com Quote# Item Product Number Product Description Qty Unit Price Extended Price VS8-STD-C VMWARE VSPHERE 8 STANDARD FOR 1 PROCESSOR 4 $ 988.52 $ 3,954.08 VCS8-STD-C VMWARE VCENTER SERVER 8 STANDARD FOR VSPHERE 8 (PER INSTANCE)1 $ 5,574.55 $ 5,574.55 9,528.63$ VS8-STD-3P-SSS-C PRODUCTION SUPPORT/SUBSCRIPTION FOR VMWARE VSPHERE 8 STANDARD FOR 1 PROCESSOR FOR 3 YEARS 4 1,012.58$ 4,050.32$ VCS8-STD-3P-SSS-C PRODUCTION SUPPORT/SUBSCRIPTION VMWARE VCENTER SERVER 8 STANDARD FOR VSPHERE 8 (PER INSTANCE) FOR 3 YEAR 1 4,404.01$ 4,404.01$ 8,454.33$ Notes: 17,982.96$ Customer Acceptance Account Manager Nick Perry Sales Engineer Support 3 Year Hardware Sub-Total Justin Buse Proposal Prepared For Waterloo Proposal Name Waterloo-Vmware Support Sub-Total TOTAL: TERMS AND CONDITIONS Ship To: All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions for Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance of any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Any periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non- cancelable for any reason except by public sector customers required by law to terminate due to non-appropriation of funds. PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As a result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable and products non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, or is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. Bill To: Signature: Name: Title: Date: Customer PO #: e+ Technology Inc 13595 Dulles Technology Drive Herndon, VA 20171-3413 Tel +1 888-482-1122 Fax +1 703-984-8600 tech@eplus.com www.eplus.com Quote# Item Product Number Product Description Qty Unit Price Extended Price 3000157216306.1 PowerEdge R650 2 $ 12,592.33 $ 25,184.66 25,184.66$ Notes: 25,184.66$ Customer Acceptance Waterloo Proposal Name Waterloo- Dell Hardware Sub-Total Justin Buse Proposal Prepared For Account Manager Nick Perry Sales Engineer TOTAL: Customer PO #: All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions for Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance of any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Any periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non- cancelable for any reason except by public sector customers required by law to terminate due to non-appropriation of funds. PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As a result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable and products non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, or is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. Bill To: Signature: Name: Title: Date: TERMS AND CONDITIONS Ship To: e+ Technology Inc 13595 Dulles Technology Drive Herndon, VA 20171-3413 Tel +1 888-482-1122 Fax +1 703-984-8600 tech@eplus.com www.eplus.com Quote# Item Product Number Product Description Qty Unit Price Extended Price 000-01177 GS2028E, GigaSpire BLAST u4, Dual band 2x2 Wi-Fi 6, GE WAN, 2 GE LAN, 1 USB, AM Power Adapter 425 $ 111.41 $ 47,349.25 000-01182 GP1100X GigaPoint, 1 2.5GE, 1 POTS -AM Type A Power Adapter 606 $ 131.87 $ 79,913.22 100-05638 GP1101X GigaPoint, 1 10GE, 1 POTS -AM Power Adapter 12 $ 277.79 $ 3,333.48 100-05415 GS4227E GigaSpire BLAST u6.2, 2.5GE WAN, 4 GE LAN, Dual 11ax Wi- Fi, 2 POTS, 1 USB, AM Power Adapter 50 $ 171.74 8,587.00$ 100-05677 GigaSpire BLAST u10xe GS4237, Triband 2x2+4x4+4x4, Wi-Fi 6E, SFP+/10G WAN, 4GE, 2 POTS, USB, AM PA 25 $ 360.00 9,000.00$ 148,182.95$ -$ Notes: 148,182.95$ Customer Acceptance Account Manager Nick Perry Sales Engineer Hardware Sub-Total Justin Buse Proposal Prepared For Waterloo Proposal Name Waterloo - GigasSpire Support Sub-Total TOTAL: TERMS AND CONDITIONS Ship To: All orders are governed by your organization's signed agreement with ePlus or applicable public sector contract; if there is no such agreement the Customer Terms and Conditions for Products and/or Services located at www.ePlus.com govern. No additional or contrary terms in a purchase order shall apply, and ePlus' performance shall not be deemed acceptance of any preprinted PO terms. Use of software, subscription services or other products resold by ePlus is subject to manufacturer/publisher end user agreements or subscription terms. Any periodic payment obligations for specific offerings, along with customer-incurred overages, consumption fees, add-ons, quantity adjustments and automatic renewals are non- cancelable for any reason except by public sector customers required by law to terminate due to non-appropriation of funds. PLEASE NOTE: Recent supply chain disruption and tariffs on certain imports are causing price increases for many IT products, with little or no notice, and beyond ePlus' control. As a result, this quote is subject to change without notice, even before the expiration date reflected above. Related manufacturer policy changes may result in orders being non-cancelable and products non-returnable except in accordance with the manufacturer warranty. Please confirm pricing and other restrictions prior to order placement. Unless freight amount is indicated, or is zero, freight will be added to the invoice. Unless Bill-To company is exempt from Sales Tax, it will be added to the invoice. Recognizing that the global pandemic has disrupted operations for many organizations, ePlus will ship products for delivery in accordance with customer's written ship-to instructions and products will be deemed delivered notwithstanding any failure of customer personnel to sign for receipt due to facility closing or otherwise. Bill To: Signature: Name: Title: Date: Customer PO #: e+ Technology Inc 13595 Dulles Technology Drive Herndon, VA 20171-3413 Tel +1 888-482-1122 Fax +1 703-984-8600 tech@eplus.com www.eplus.com AGREEMENT This Agreement (the “Agreement”) is made as of September 1, 2023 (the “Effective Date”), between Consortia Consulting, Inc., a Nebraska corporation (the “Consultant”), located at 16924 Frances Street, Suite 115, Omaha, Nebraska 68130 (Facsimile № 402-398-0065), and the City of Waterloo/Waterloo Fiber Internet, an Iowa utility (the “Company”), located at 625 Glenwood Street, Waterloo, Iowa 50703. NOW, THEREFORE, in consideration of the respective covenants and agreements of the parties set forth herein, the parties agree as follows: 1. Services and Term. The Company hereby engages the Consultant as an independent contractor to provide the services described in Attachment A attached hereto, as may be amended from time to time. The term of this Agreement shall commence on the Effective Date, and shall con tinue for an initial term of one year. The Agreement shall automatically renew for additional successive one-year terms unless either party shall give written notice to the other party at least 30 days prior to the expiration of the then-current term. Upon termination, Company shall pay Consultant for all fees and reimbursable expenses and costs incurred by Consultant up to and including the effective date of termination. 2. Compensation and Expenses. The Company shall pay to the Consultant the amount as specified in Attachment B of this Agreement. The Consultant will invoice the Company for services provided in the previous period. Payments shall be due within thirty (30) days of the Company’s receipt of the invoice. Consultant may increase its rates and fees payable hereunder by written notice to Company delivered at least 60 days prior to the expiration of the then-current term. During the term of this Agreement, the Consultant shall be entitled to reimbursement by the Company for all reasonable ordinary and necessary travel and other business expenses incurred by the Consultant in the performance of its duties and responsibilities under this Agreement. The Consultant shall submit an invoice to the Company for such expenses coincident with billing for the services specified on Attachment A. 3. Confidentiality. During the performance of this Agreement, each party shall come into possession of or shall become aware of certain proprietary information of the other party in tangible form, such as customer information, data processing and communications information, technical data, and other know-how of such other party. All such proprietary information that is clearly marked “confidential” or “proprietary” shall be considered “Confidential Information” for purposes of this Agreement. The party receiving Confidential Information agrees to use its reasonable best efforts to maintain the confidentiality of the Confidential Information. Notwithstanding the foregoing confidentiality obligations, neither party shall have an obligation to maintain or protect the confidentiality of any Confidential Information which: (i) was previously known to such party free of any obligation to keep it confidential; (ii) is or becomes publicly available by other than unauthorized disclosure; (iii) is independently developed by such party; (iv) is received from a third party (other than by unauthorized disclosure) without a confidentiality restriction; (v) is furnished by the disclosing party to a third party without confidentiality restrictions; or (vi) a party is required by law or a court order to disclose. Each party’s obligation pursuant to Section 3 hereof shall survive the expiration or earlier termination of this Agreement for a period of five (5) years from the date of such expiration or termination. 4. Limitation of Remedies. THIS IS A SERVICE AGREEMENT. CONSULTANT REPRESENTS AND WARRANTS THAT IT WILL PERFORM THE SERVICES HEREUNDER IN A GOOD AND WORKMAN LIKE MANNER. EXCEPT AS PROVIDED IN THIS SECTION 4, CONSULTANT MAKES NO WARRANTIES REGARDING ITS SERVICES PERFORMED HEREUNDER AND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES PERFORMED HEREUNDER, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. 5. Limitation of Liability. Consultant’s entire liability and the Company’s exclusive remedy for any and all claims, whether in an action in contract or in tort, including, but not limited to, negligence or strict liability, for any damages arising out of, connected with or resulting from the performance or breach of this Agreement shall be limited to actual damages up to an amount equal to 12 months’ charges paid by the Company to Consultant for the specific services under this Agreement that cause the damages or that are the subject matter of, or are directly related to, the cause of action, Such charges shall be those in effect for the specific services when the cause of action arose. 6. Consequential Damages. IN NO EVENT SHALL CONSULTANT BE LIABLE TO THE COMPANY FOR ANY INDIRECT, SPECIAL, COVER, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM THE PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOST REVENUE OR PROFITS OR LOSS OF DATA. 7. Notices. For purposes of the Agreement, notices and other communications provided for in this Agreement shall be deemed to be properly given if delivered personally, sent via email, sent via facsimile or United States certified mail, return receipt requested, postage prepaid, to the address of the party set forth in the first paragraph of this Agreement, or to such other address as any party may have furnished to the other party in writing in accordance with this paragraph. Such notice or other communication shall be effective only upon receipt. In the case of email, valid notice shall have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. 8. Miscellaneous. No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter of this Agreement have been made by any of the parties hereto that are not expressly set forth in the Agreement. If any provisions of this Agree ment shall be determined by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remainder of this Agreement, which shall be construed as if such invalid or unenforceable provision had never been a part of this Agreement. This Agreement shall be governed by the laws of the State of Nebraska. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. No provisions of this Agreement may be modified, waived, or discharged unless such waiver, modification, or discharge is agreed to in writing and is signed by an officer of the Consultant and the Company. No waiver by any party to this Agreement at any time of any breach by any other party of, or compliance by any other party with, any condition or provision of this Agreement to be performed by the other party shall be deemed to be a waiver of similar or dissimilar provisions or conditions at the same or any prior or subsequent time. The headings of the paragraphs contained in this document are for reference purposes only and shall not in any way affect the meaning or interpretation of any provision of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement through their authorized representatives as of the date first above written. CONSORTIA CONSULTING, INC. CITY OF WATERLOO /WATERLOO FIBER INTERNET By: By: Daniel J. Caldwell, Its President Eric Lage, Its General Manager of Telecommunications ATTACHMENT A CONSULTING SERVICES The services checked below comprise the consulting services to be provided to the Company by Consultant under the terms of the Agreement: A. BASIC CONTRACT: Annual interstate separations cost study, including NECA forecasting, administrative support related to the cost study, NECA tracking and jurisdictional financial analysis. Annual intrastate separations cost and traffic usage studies, including NECA tracking, jurisdictional financial analysis and cost versus average schedule comparison for interstate average schedule companies. Annual jurisdictional financial analysis and cost versus average schedule comparison (for interstate average schedule companies only). General consulting support of up to 120 hours per 12-month period. Other: B. SPECIAL PROJECTS: Special projects not included in the basic contract hours above. Agreed to by: Initial Date Consultant _____ _______ Company _____ _______ ATTACHMENT B COMPENSATION Consultant shall bill the Company for the duration of an annual contract period as follows: BASIC CONTRACT: Monthly amount of $2,100 ($25,200 annually) for the services checked under Section A of Attachment A. An hourly rate of $205 will be charged for hours in excess of the number of general consulting support hours provided as part of the Basic Contract in Section A of Attachment A. SPECIAL PROJECTS: An amount of $ N/A or as agreed to during the term of the contract by the parties. REIMBURSABLE EXPENSES: As defined in Section 2 of the Agreement. Agreed to by: Initial Date Consultant _____ _______ Company _____ _______ Waterloo Fiber Credit Cardholder Use Agreement – Exhibit A Rev by EL 08/03/2023 Employee: ____________________________________ Position: Approved By: General Manager: ______________________________Board Chair: The above named employee (Cardholder) of Waterloo Fiber has been issued a Waterloo Fiber credit card. The Cardholder has been provided with a copy of Waterloo Fiber’s credit card policy, and hereby agrees to comply with all terms and conditions set forth therein, including but not limited to: 1. Official Use Only. Waterloo Fiber credit cards are for official Waterloo Fiber use only. Obtaining cash advances on Waterloo Fiber cards is a misuse of Waterloo Fiber funds and a serious breach of Waterloo Fiber’s ethics policy even if the cash is used for legitimate Waterloo Fiber business expenses. Charging personal expenses on Waterloo Fiber cards is a misuse of Waterloo Fiber funds and a serious breach of the Waterloo Fiber’s Card Policy. Obtaining cash advances or charging personal expenses—even if the intent is to reimburse Waterloo Fiber later—will result in disciplinary action, up to and including termination. Minor incidental expenses as a component part of a larger billing —such as personal telephone calls or video rentals on a hotel bill—may be allowed if reimbursed by Cardholder at the time the credit card billing is submitted for payment. 2. Timely, Accurate and Supported Payments. Credit card payments will be processed on a timely basis, and adequate supporting documentation (such as vendor order forms, receipts, invoices and credit card receipts) will be retained for all charges and attached to payment vouchers. If appropriate receipts are not retained and turned in, I agree to reimburse Waterloo Fiber through payroll deduction for any undocumented charges or any charges that do not comply with Waterloo Fiber policies. 3. Disputed Charges. The vendor, issuing bank and Waterloo Fiber will be notified immediately of any disputed charges. 4. Lost or Stolen Cards. The issuing bank and Waterloo Fiber will be notified immediately of a lost or stolen card. Failure to do so could make the Cardholder responsible for any fraudulent use of the card. 5. Surrender Upon Request or Separation. The credit card will be immediately surrendered upon retirement, termination or upon request of the supervisor or General Manager. Use of the credit card for any purpose after its surrender is prohibited. 6. Credit Card Limit. The credit limit of this card is $ . 7. Other Restrictions. ________________________________________________________________________. I have been advised of and accept Waterloo Fiber’s Credit Card policies and procedures. Cardholder Signature Date DISTRIBUTION: Original—Cardholder Personnel File Copies—Finance, Department Head and Cardholder RETURN OF WATERLOO FIBER CREDIT CARD UPON SEPARATION FROM WATERLOO FIBER EMPLOYMENT I HEREBY SURRENDER the credit card issued to me by Waterloo Fiber to the Accounting Manager or General Manager. I declare that all outstanding charges on the credit card are for official Waterloo Fiber business and will be paid through established procedures. Cardholder Signature Date General or Accounting Manager Date Waterloo Fiber Purchasing Policy Rev by EL 08/07/2023 1 Approved by Waterloo Fiber Board on XX,XX,2023. EXPENDITURE PRE-AUTHORIZATION POLICY 1. Employees shall submit Expenditure Pre-Authorization Request Forms to the General Manager or Accounting Manager for any payment, purchase or expense amounting to $2,500 or more for review and authorization prior to any commitment or obligation for the expenditure on the part of Waterloo Fiber. Purchase or expense amounting to $10,000 or more must also be approved by the Waterloo Fiber board. 2. Requests for blanket pre-authorization may be made for a specified period or certain dollar amounts and will be considered for approval to cover high volume supplies, parts and materials that are consumed in large quantities continuously or in an emergency occurrence and which would not be expeditiously considered in an individual item review. Blanket pre-authorizations may also be requested for regular and recurring expenses such as services under contract. (For example, once there is a contract for supplying ONT’s, subsequent invoices for ONT purchases would not require preauthorization for the duration of the contract.) A copy of the approved contract should be attached to the blanket pre-authorization request. As subsequent invoices are sent to the Accounting Manager for payment, a copy of the approved blanket pre-authorization should be attached to the payment voucher and invoice. 3. Expenditure Pre-Authorization Requests shall not be required for the following types of routine, recurring expenditures: a. Utilities, such as gas, electric and phone b. Insurance premiums and claims c. Fuel d. Publishing costs for official actions e. Commonly used electronics (ONT’s, cable boxes, etc.) 4. Expenditure Pre-Authorization Requests shall not be required for capital improvement projects that have been previously approved by the Waterloo Fiber Board. 5. Expenditure Pre-Authorization Requests shall not be required for items to vendors that are specifically approved in the budget as presented to the Waterloo Fiber Board. A copy of the approved budget spreadsheet should be attached to the payment voucher when it is provided to the Accounting Manager for payment. GENERAL PROCEDURES This policy will apply to all purchases and construction projects, regardless of whether the project is a “public improvement” as defined by Iowa Code § 26.2. The procedure to be followed will be that set out in Iowa Code Chapter 26 and Iowa Code § 384.103,. A contract for public improvement must be awarded to the lowest responsive, responsible bidder. However, contracts relating to public utilities or extensions or improvements thereof, as described in Iowa Code §§ 384.80 through 384.94, may be awarded by W aterloo Fiber as it deems to be in the best interests of Waterloo Fiber. Competitive bidding and quotations are not required for professional service contracts. Architectural, landscape architectural, or engineering design services procured for a public im provement are not subject to competitive bids and quotations. 1. PROJECT OF $2,500 OR LESS: When the estimated cost of a purchase or project is $2,500 or less, no bidding procedure is required. It is suggested that the supervisor or appointed official use their discretion in authorizing the project or purchase. 2. PROJECTS OF $2,500.01 UP TO $50,999.99: When the estimated cost of a purchase or project ranges from $2,500.01 to $50,999.99, bidding or quotation procedures may be used in which requests for written bids or quotations are submitted to at least two prospective contractors unless a Waterloo Fiber official in charge of said bids or quotations states in writing that less than two prospective bidders are available. Other forms of verifiable price comparison may be substituted. Quoted prices should be documented in written form and included with the pre-authorization request when submitted to Waterloo Fiber Finance Committee for approval. Consideration should be given for purchasing goods or services from a locally owned business within Waterloo which offers these goods or services if the cost and other considerations are relatively equal. Waterloo Fiber Purchasing Policy Rev by EL 08/07/2023 2 Approved by Waterloo Fiber Board on XX,XX,2023. 3. PROJECTS OF $51,000 TO $100,000: When the estimated total costs of a project range from $51,000 to $100,000, Waterloo Fiber shall obtain quotations for the work from at least two contractors regularly engaged in such work prior to letting a contract. If the work can be performed by an employee or employees of Waterloo Fiber, Waterloo Fiber may file a quotation for the work to be performed in the same manner as a contractor. If no quotations are received after making a good faith effort to obtain quotations from at least two contractors regularly engaged in such work, Waterloo Fiber may negotiate a contract with a contractor regularly engaged in such work. Waterloo Fiber may also proceed, in lieu of competitive quotations, as if the total cost of the public improvement exceeds the competitive bid threshold of $100,000. 4. PROJECTS EXCEEDING $100,000: When the estimated total cost of a public improvement project exceeds the sum of $100,000, Waterloo Fiber shall issue requests for proposals and advertise for sealed bids by posting a notice to bidders as provided in Iowa Code § 26.3 and § 26.7, except that notice to bidders may be published not less than thirteen (13) and not more than forty-five (45) days before the date for filing bids. 5. VEHICLE OR EQUIPMENT PURCHASES: It is recognized that during the startup phase of Waterloo Fiber, immediate need for a vehicle or equipment may be required. Waterloo Fiber may, by Waterloo Fiber Board approval, authorize the purchase of vehicles or equipment from dealer lots. 6. PUBLIC HEARING: When the estimated total cost of a prospective bid exceeds the threshold listed in Iowa Code § 26.3 or the adjusted amounts listed in § 314.1B, Waterloo Fiber shall not enter into a contract until it has held a public hearing on the proposed plans, specifications, form of contract, and estimated costs, with notice as provided in Iowa Code § 362.3. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, contract, or estimated costs of the improvement. After hearing objections, the governing board shall by resolution enter its decision on the project. See Iowa Code § 26.12. 7. PUBLIC IMPROVEMENT AND PERFORMANCE, MAINTENANCE, OR SECURITY BONDS: In any project with an estimated value of $25,000 or more, involving any building or construction work, Waterloo Fiber shall require a security bond in a minimum amount of five percent (5%) with each bid. Bonds are to be by cash or by an insurance carrier recognized and approved by the State of Iowa or approved by Waterloo Fiber. See Iowa Code § 26.8 and Iowa Code Chapter 573. NOTE: Bid security is not required for the purchase of vehicles. 8. NOTICE TO BIDDERS: Notice to bidders shall be as set out in Iowa Code § 26.7. Bids will be solicited from local vendors whenever possible. Vendors should submit a letter requesting they be included on Waterloo Fiber’s vendors list and said letter should include name of business, address, telephone number and type of product/merchandise for which they wish to make a bid/quote. 9. GENERAL SERVICES CONTRACTS: When Waterloo Fiber wishes to purchase an item that has been bid by the State of Iowa, Department of Administrative Services, under the provisions of Iowa Code § 8A.311, Waterloo Fiber, after hearing, may forego any other bidding and accept the terms of t he contract entered into by the State with the respective bidder. 10. COMPETITIVE BIDDING NOT REQUIRED FOR PROFESSIONAL SERVICE CONTRACTS: Although bidding is preferred when obtaining professional services, this Policy does not require it. Professional servi ces may turn on subjective elements that are not susceptible to formulation in the bidding process. 11. EMERGENCY REPAIRS: When emergency repair or replacement is necessary and the delay of advertising and a public letting might cause serious loss or injury to Waterloo Fiber, Waterloo Fiber shall by resolution make a finding of the necessity to institute emergency proceedings under Iowa Code § 384.103 and shall procure a certificate from a competent registered professional engineer, architect, or professional or expert in the field affected by the emergency certifying that emergency repairs are necessary Waterloo Fiber Travel and Meeting Policy Rev by EL 08/03/2023 1 Approved by Waterloo Fiber Board on XX,XX,2023. OVERVIEW Purpose These guidelines establish the basic policies and procedures for the expenditure of public funds for authorizing attendance, travel, and reimbursement of expenses for Waterloo Fiber employees, board members, and other individuals traveling on Waterloo Fiber business including attendance at meetings, training, and conferences by all employees and officials. Everyone who travels or attends meetings for Waterloo Fiber business purposes (or supervises someone who does) is responsible for knowing and following t hese guidelines. These guidelines are organized into seven sections:  General standards  Planning an official trip  Travel/training authorizations  Making the trip  Incurring non-travel expenses  Accounting for expenses The key documents in the administrative process are the Travel/Training Request (TR) form and the Employee Expense Record (EER). Besides ensuring that travel by Waterloo Fiber employees, board members, and other individuals traveling on Waterloo Fiber business, is conducted in accordance with these guidelines, the EER summarizes the total cost of attending conferences, meetings, and seminars and provides documentation for vendor payments and credit card purchases. General instructions for completing and processing this form are also included in these guidelines. Adoption and Implementation. The Waterloo Fiber Board is responsible for adopting Waterloo Fiber’s travel and meeting guidelines and for approving any significant policy revisions to them. The General Manager is responsible for developing administrative procedures as needed to implement the guidelines with the assistance of the Accounting Manager. In this role, the General Manager is authorized to make minor administrative changes in the guidelines as long as they are intended to carry out the purpose of these guidelines and will not have any significant policy impacts. These are overall guidelines for Waterloo Fiber. The General Manager may implement more restrictive guidelines but may not adopt any that are more liberal. GENERAL STANDARDS These guidelines do not require you to take a bus, stay in a cheap motel or eat only in fast food restaurants. They do require you to use reasonably priced transportation and lodging. For example, a bus or a train may cost less than a p lane, but the added time away from work can make these slower options more expensive to Waterloo Fiber overall. The meal allowances established in these guidelines allow you to eat in moderately priced restaurants. In all areas you are responsible for exercising good judgment in requesting, arranging and making a trip. It should be thoroughly planned well in advance. Personal business should not be mixed with official business if it will cost Waterloo Fiber anything in dollars or lost time, or if it will harm Waterloo Fiber's interests in any way. These guidelines are not intended to address every issue, exception, or contingency that may arise in the course of Waterloo Fiber travel or attendance at meetings. Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of Waterloo Fiber's resources. PLANNING AN OFFICIAL TRIP Who can travel on Waterloo Fiber business? Waterloo Fiber employees, board members, and other individuals performing Waterloo Fiber business may all have reason to travel on official Waterloo Fiber business. In certain cases, others may also travel on behalf of Waterloo Fiber Waterloo Fiber Travel and Meeting Policy Rev by EL 08/03/2023 2 Approved by Waterloo Fiber Board on XX,XX,2023. (for example, trainers traveling to Waterloo to conduct Waterloo Fiber-sponsored training). If the individual is included in an approved travel request, they are authorized to travel on behalf of Waterloo Fiber. How will you travel? When planning the transportation portion of your trip, consider all aspects of cost to Waterloo Fiber— daily expenses, overtime, lost work time—as well as actual transportation costs. In general, common carrier (bus, train, plane) is the preferred mode of transportation. You should use a city bus, train or airplane unless there is a valid reason for using private transportation. For example, use of a Waterloo Fiber vehicle—especially if two or more employees or officials are traveling together—may be less expensive for travel within the State. However, as noted above, the increased time for automobile transportation—and the potential for lost work time, overtime, or increased lodging costs —should be considered in determining the best mode of transportation. If you need local transportation at your destination, use of public transit such as buses, streetcars and subways is appropriate. You will be reimbursed for these expenses. You will be reimbursed for taxis or ride sharing services such as Lyft or Uber when public transit or other common carriers are not reasonably available. If a car rental is required, you may use a Waterloo Fiber credit card or request reimbursement when you return, as long as the use of a rental car is pre-approved. Air Travel: All air travel on Waterloo Fiber business should be at the lowest available fare (typically referred to as coach or economy class). Every effort should be made to fly out of Waterloo. If not flying from Waterloo, you must document why you are using another airport and include that explanation with your travel request. Automobile/Mileage: If you will be driving, you should use a Waterloo Fiber vehicle if one is available. You may use a Waterloo Fiber credit card to purchase gasoline in accordance with Waterloo Fiber credit card policy or request reimbursement when you return. When available, courtesy shuttle services should be utilized between airports and meeting locations. Parking at the airport is reimbursable with the original receipt. If a Waterloo Fiber vehicle is not available, or there is another reason why you should drive your personal car, you may do so with the approval of your department head. You will be reimbursed at the current IRS standard mileage reimbursement rate. Commuting miles from your home to Waterloo Fiber offices must be subtracted from the miles traveled. To drive a privately owned vehicle on Waterloo Fiber business you must:  Possess a valid Iowa driver's license.  Carry liability insurance limits required by Waterloo Fiber's Genreal Manager.  Realize that any damage to the car, needed service, or repair occurring on the trip will be your responsibility, as these costs are included in Waterloo Fiber's per mile cost reimbursement. In cases where more than one employee is attending the same event, employees will normally be expected to travel together, and mileage reimbursement will be for one vehicle only. If you choose to use a personal vehicle to attend a conference, the mileage reimbursement will be limited to the lesser of (1) the actual mileage to the conference destination or (2) the equivalent of the most economical airfare. Rental Vehicles: The use of rental vehicles is not permitted unless there is no other transportat ion available or when alternate transportation would be more expensive or impractical. When rental vehicles are used, the least expensive vehicle practical will be used. Rental cars may not be used for personal use unless reimbursed. If requesting to use a rental car, a supplemental document should be provided with the travel request explaining the need for a rental car. Waterloo Fiber Travel and Meeting Policy Rev by EL 08/03/2023 3 Approved by Waterloo Fiber Board on XX,XX,2023. When will you go? By what route? You should schedule your trip so that you leave at the latest reasonable hour and still arrive at your destination on time. You should also return promptly when your business is finished, thereby minimizing the time away from work and ensuring full reimbursement of all related expenses. You should generally take the most direct and commonly traveled routes. Other routes may be authorized when official business requires their use. If you take an indirect route or stop along the way for personal reasons, you will not be reimbursed for related expenses. What about compensation for travel time? When travel time exceeds your normal workweek, Waterloo Fiber's rules for overtime apply if you are eligible for overtime. In determining overtime compensation, normal commute time should be deducted from the total travel time. Additionally, normal unpaid meal periods are not considered work time when you are traveling. Overtime eligibility applies equally to drivers and passengers, and should be granted whether the tr avel occurs during normal workdays, weekends or evenings. Where will you stay? Waterloo Fiber will pay for a single room (including taxes and parking) for as many nights as necessary. The accommodation you use should be economical but practical. For example, it is preferable to stay at the hotel where a conference is held, even if that hotel may be slightly more expensive than others in the area. Location is also important: a hotel close to where you will be conducting business may be slightly more expensive than outlying hotels, but it may be easier to achieve Waterloo Fiber's travel goals by staying at a closer location. In general, you should stay at the most reasonably priced accommodations available consistent with the purpose and goals of your travel. If you have a question about using a particular hotel, obtain concurrence or direction from your supervisor before making a reservation. When making arrangements for travel, you should always request a government rate. Waterloo Fiber will not reimburse employees for lodging expenses incurred for additional guests in the same room. Pre-conference lodging will be allowed for travel outside a 90-mile radius of Waterloo and must be identified in the travel request. Starting time is for the actual conference, not registration or optional tours or conference sponsored events. If travel within the 90-mile radius of Waterloo requires early morning and evening attendance on consecutive days (for example, if meetings run until 10 pm and start again at 7 am), individuals can request consideration for lodging (instead of traveling back to Waterloo daily) through their department head. Should you make reservations? Whenever possible, you should make reservations. They are often required for large conferences. Upon obtaining the necessary approvals, you can use a Waterloo Fiber credit card number to confirm reservations. Be sure to cancel any reservations you will not use. If Waterloo Fiber is charged for an unused reservation, you will pay that charge unless circumstances requiring cancellation were reasonably beyond your control. When making lodging reservations, be sure to ask about exemptions from the local transient occupancy tax (TOT or hotel/motel tax): some cities exempt travelers on Waterloo Fiber business, others don't. You may be able to save up to 14% on lodging costs depending on the local TOT rate. Almost all lodging operators will require an official, written claim for exemption. A sample for this purpose is provided in Exhibit A. Will Waterloo Fiber pay for all expenses incurred while traveling? Miscellaneous expenses. No. Items of a personal nature are not reimbursable including items such as movies, entertainment, premium television services, alcoholic beverages, dry-cleaning, spas, gyms, barber, magazines, shoeshines, travel insurance, purchase of clothing or toiletries, fines or traffic violations, excess baggage costs, spouse and/or guest accommodations, repairs to personal vehicles, office equipment and other items of a personal nature. Optional tours, banquets or other activities not related to professional advan cement offered through a conference as an additional registration cost are solely at the discretion of the employee and will be considered personal expenses. Family members or guests. Travel arrangements and payment of costs for family members or guests are not eligible for payment by Waterloo Fiber. Travel arrangements and payment of costs for family members or guests should be handled Waterloo Fiber Travel and Meeting Policy Rev by EL 08/03/2023 4 Approved by Waterloo Fiber Board on XX,XX,2023. directly by the employee unless incidental to the employee’s travel. For example, the additional charge for a double roo m versus a single room may be charged to Waterloo Fiber and reimbursed by the employee within 30 days after the travel. If unauthorized expenses have been paid by Waterloo Fiber for any reason, the employee will be responsible for reimbursing Waterloo Fiber within 30 days. Do I need to have travel pre-approved? TRAVEL/TRAINING REQUESTS Travel and training requests are required for all out-of-town travel for non-routine business requiring out-of-pocket expenses and for all training conferences. Travel requests are not required for routine business travel within Black Hawk County or for routine business travel outside Black Hawk County IF no out-of-pocket costs are incurred. They are required when attending in-town training sessions sponsored by organizations other than Waterloo Fiber if there is a registration fee or other out-of-pocket cost associated with the training. Travel requests must first be approved by the General Manager, except that travel requests of $200 or less only require your supervisor’s approval. Travel requests should be submitted as far in advance as possible so that the necessary approvals are obtained prior to the travel date. The General Manager or supervisor approving travel requests are responsible for determining that the cost is reasonable and justified by the trip's purpose. They should be certain that:  The purpose cannot be accomplished by mail, telephone, or video conference.  The seminar, meeting or conference is necessary to accomplish key Waterloo Fiber goals and objectives and is unavailable locally if overnight accommodation is required. A copy of the meeting/conference agenda is required to be provided with the travel request. If you do not attend the conference at the closest location, an explanation of the reasoning for attending at the requested location should be included.  The minimum necessary number of Waterloo Fiber staff members are going. If more than one staff member is attending, an explanation of the purpose for multiple attendees should be provided.  The itinerary ensures accomplishment of the purpose at the lowest reasonable cost.  If a rental car is requested, include an explanation of the reason a rental car is needed.  If not attending a meeting/conference at the closest location, attach an explanation of the reason for selecting the requested location.  The traveler understands and follows these guidelines.  There is enough money in the appropriate travel budget to cover the costs. Ultimately, the responsibility for following these guidelines and exercising good judgment in the use and stewardship of Waterloo Fiber's resources rests with each Waterloo Fiber employee traveling on Waterloo Fiber business. What if the travel is an emergency? In the rare event that you need to travel on Waterloo Fiber business on an emergency basis and you cannot complete the necessary travel forms prior to leaving, you should have someone in your department contact the General Manager or a supervisor to make them aware of the emergency travel. The necessary forms should be completed immediately upon your return. Requests for Payments to Vendors There are three ways to pay for travel expenses: direct vendor payments, reimbursements and by Waterloo Fiber-issued credit cards. The methods that should generally be used are direct vendor payments and reimbursements to employees. Direct vendor payments are made by Waterloo Fiber to an organization to pay for specific costs related to a trip—usually registration fees, lodging and airfare. Reimbursements will be made to employees upon their return from the trip with the submittal of properly documented expenses. Credit cards may be checked out and used pursuant to the Waterloo Fiber credit card policy. Cash advances are lump sum payments made to you before you leave to cover expenses as they arise on the trip and will not be issued as a standard method of financing travel. They will be permitted ONLY if there are extenuating circumstances. In the extremely rare event that a cash advance is permitted, the General Manager or Accounting Manager must review the amount to be sure it is reasonable prior to giving authorization. When you return, you must account for all expenses you incurred, and return the unused portion of the advance. You will Waterloo Fiber Travel and Meeting Policy Rev by EL 08/03/2023 5 Approved by Waterloo Fiber Board on XX,XX,2023. be reimbursed the difference if the actual, authorized expenses you incurred exceed the amount advanced. You will be required to reimburse Waterloo Fiber for any cash advances taken that exceed actual authorized expenses within five days of your return. To obtain either direct vendor payments or reimbursements/cash advances, you must complete the appropriate sections of the Travel Request and attach payment vouchers for all payments. Travel/Training Request Forms. There are two fillable PDF forms: one for $200 or less and a second one for over $200. Both are available on the shared drive, or from your supervisor. Make sure you are selecting the appropriate form when requesting travel. Invoices for registration, training, etc. will require an approved travel request. Requests for $200 or less must have the signature of the employee requesting the training/travel as well as the department’s signature for approval. Requests for over $200 must go through the General Manager for approval. MAKING THE TRIP There are two key “golden rules” to remember about making an official trip:  Keep it official.  Keep records of all expenses. Keeping It Official If you take time away from official business for personal matters, or if you delay your return after completing your business, you will not be reimbursed for expenses incurred during that time. When combining business and personal travel in this manner, department head approval is required. If this extended period occurs during your regular scheduled work hours, the time will be counted as vacation, PTO, or leave without pay. If you become sick and must delay your return, you will be reimbursed for your additional living expenses (except those directly related to your illness, such as physician or hospital costs) until you are able to return home. You should notify your supervisor as soon as possible if you become ill. The time will be counted as sick leave if it occurs during your normally scheduled work hours, and Waterloo Fiber's normal sick leave rules will apply. Keeping Records for All Expenses As discussed below under Accounting for Expenses, you must maintain a detailed record of all expenses incurred during your travel: meals, transportation, lodging, baggage handling, parking fees, registration fees, and any other reasonable and necessary expenses. Original receipts must be submitted for all expenses other than tips. Detailed receipts, not just stubs or credit card charge slips, must be submitted for meal reimbursements. Meals Meal expenses will be reimbursed with original detailed receipts up to the following amounts: When traveling to large cities (as defined in federal CONUS/OCONUS regulations): Daily total $75.00 When traveling to cities other than those defined as large cities: Daily total $50.00  If meals are provided without charge at a meeting or while in transit (meals served on a plane, for example), appropriate deductions must be made from the daily meal allowance limit. Receipts are not required for tips. However, Waterloo Fiber-paid tips are capped at 18% (unless for a group where the restaurant uses a stated gratuity). Waterloo Fiber does not pay for breakfast on the date that the employee departs for travel. For the day that the employee returns home, the evening meal is typically not reimbursed unless the employee will not arrive home until after 8:00 p.m. Because of reimbursement limitations by other agencies or other budget constraints, supervisors may authorize lower meal allowances. Waterloo Fiber Travel and Meeting Policy Rev by EL 08/03/2023 6 Approved by Waterloo Fiber Board on XX,XX,2023. What if I have medically required dietary restrictions and cannot eat the meals provided at a conference? Waterloo Fiber’s standard policy is not to pay for meals eaten in place of meals that are provided during conferences, seminars and similar meetings, since the cost of those meals is included in the registration fee. However, if an employee has medically required dietary restrictions, upon pr esentation of a written statement from the employee’s doctor specifying that there are dietary restrictions that prevent the employee from eating the menu items provided by the conference sponsor, Waterloo Fiber will reimburse the employee for the reasonable cost of menu items approved by the employee’s doctor for meals. All other travel policy restrictions continue to apply. What if the travel or training lasts longer than a period of five days? In cases where an employee’s travel is longer than a five-day period and includes days that are not either work or class days, Waterloo Fiber reimbursement shall follow these guidelines. If the approving authority determines that it’s more economical to pay any additional lodging costs and additional meal costs than to pay travel expenses to return home for those days (typically the weekend), Waterloo Fiber will pay the additional costs if the employee chooses to remain at the travel site. If instead the approving authority determines that it’s more economical to return home for those days, Waterloo Fiber will not reimburse the employee for the additional lodging and meals for the non -work/class days. INCURRING NON-TRAVEL EXPENSES Waterloo Fiber will pay expenses incurred for such meetings and hospitality as may, from time to time, be determined by the General Manager to be appropriate. Costs for such special occasions will be determined by specific General Manager authorization. Waterloo Fiber will also pay expenses you incur attending meetings or conferences held locally which do not include travel expenditures. In addition, Waterloo Fiber will reimburse you for costs incurred while at a meeting or other function when such costs are directly linked to the program or subject matter of the meeting. Examples of costs that may be borne by Waterloo Fiber include printed materials, tapes or other training material that may be available for sale at the meeting. Business Meals Business and working meals are generally not reimbursable expenses. Actual detailed receipts must be provided for such meals. Reimbursement will not be made for alcoholic beverages. An expense report listing the names and titles of all persons attending the business dinner together with the business reason for the event must be completed and filed with the Accounting Manager in order to receive reimbursement. Travel request forms should be completed to obtain approval for all such meals and food items. Alcoholic Beverages Waterloo Fiber funds should not be used to purchase alcohol or reimburse employees for alcohol-related costs. The General Manager may approve exceptions to this policy on a case-by-case basis for special receptions or other unique circumstances. This discretion applies primarily to non-travel-related expenditures such as special receptions, and not to routine travel or meetings by Waterloo Fiber employees. Spouses and Guests Spouses and guests are welcome to accompany you on Waterloo Fiber travel and at conferences, seminars, and meetings. However, any additional costs associated with the participation of your spouse or other guests are your personal responsibility. Guests as passengers in Waterloo Fiber vehicles. Due to liability concerns, non-Waterloo Fiber employees should not ride as passengers in Waterloo Fiber vehicles when it is not directly related to Waterloo Fiber business. However, department heads may approve exceptions on a case-by-case basis, subject to review by the General Manager. Waterloo Fiber Travel and Meeting Policy Rev by EL 08/03/2023 7 Approved by Waterloo Fiber Board on XX,XX,2023. ACCOUNTING FOR EXPENSES When you return from your trip or official function, a final accounting of all expenses always must be approved by your department head and submitted to the Accounting Manager within thirty days. An expense report is required in all cases— whether the advance and actual expenses are equal, you are eligible for additional reimbursement or you o we money to Waterloo Fiber. The final accounting is made by completing the Employee Expense Report. After completing the expense report, you should attach required receipts, a copy of the approved Travel Request and conference documentation (if travel wa s to attend a conference), sign the report attesting to its accuracy and submit it to your department head for review and approval. If you owe Waterloo Fiber for the unused balance of a cash advance, you should pay the amount due to the Accounting Manager and attach the cash register receipt to your expense report. Department heads approving expense reports are responsible for ensuring that:  All expenses are reasonable, necessary, and consistent with these guidelines.  Any required receipts are attached.  The final disposition is correct (balance due employee; balance due Waterloo Fiber).  Any amounts due to Waterloo Fiber are reimbursed.  The final accounting of all expenses is submitted to the Accounting Manager. Upon approval by the General Manager, the expense report should be processed as follows depending upon the circumstances: If Waterloo Fiber Owes You The expense report should be forwarded to the Accounting Manager, along with a voucher request for payment to you, a copy of the approved travel request and, in the event that a conference was attended, a copy of conference documentation. The reimbursement will be processed on the next check register. If You Owe Waterloo Fiber The expense report should be forwarded to the Accounting Manager with the receipt attached evidencing payment of the amount due. PROJECT MANUAL FOR PREFABRICATED SHELTER LOCATED AT 3233 ANSBOROUGH AVE CONTRACT NO. 1087 NOTICE OF HEARING CONTRACT NO. 1087 Page 1 of 1 FY 2023 PREFABRICATED SHELTER CONTRACT NO. 1087 CONTRACT DOCUMENTS TABLE OF CONTENTS Highlighted items must be included with bid. 1. NOTICE OF PUBLIC HEARING 2. NOTICE TO BIDDERS 3. INSTRUCTIONS TO BIDDERS 7. EQUAL OPPORTUNITY CLAUSE 8. TITLE VI CIVIL RIGHTS 10. AFFIRMATIVE ACTION PROGRAM 11. POTENTIAL ITEMS OF WORK FOR MBE/WBE PARTICIPATION A. SUBCONTRACTOR'S BID REQUEST FORM, B. LETTER FORM FOR SUBCONTRACTOR QUOTES (CCO-3) C. MBE/WBE SCOPE LETTER, (CCO-4) D. MBE AND/OR WBE PREBID CONTACT INFORMATION FORM (CCO-4A) E. MBP/WBE LETTER OF INTENT TO BID (CCO-5) 12. WATERLOO/CEDAR FALLS MINORITY AND WOMEN BUSINESSES ENTERPRISE CONSTRUCTION AND MAINTENANCE CONTRACTOR'S GUIDE 13. STATEMENT OF BIDDER'S QUALIFICATIONS 14. GENERAL SPECIAL PROVISIONS 15. SPECIAL PROVISIONS 16. GENERAL SPECIFICATIONS FOR CONSTRUCTION 17. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTIONS 18. FORM OF CONTRACT 19. FORM OF PERFORMANCE, PAYMENT, AND MAINTENANCE BOND ATTACHMENT A – Conceptual Shelter Layout A ATTACHMENT B – Equipment Rack Elevations ATTACHMENT C – Estimated Power and Cooling Specifications ATTACHMENT D – Site Location ATTACHMENT E – Kohler Genset Specs ATTACHMENT F – Prefabrications Data Center Bid Specs 4. FORM OF BID OR PROPOSAL 5. FORM OF BID BOND 6. NON-COLLUSION AFFIDAVITS 9. BIDDER STATUS FORM NOTICE OF HEARING CONTRACT NO. 1087 Page 1 of 1 NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the FY 2023 PREFABRICATED SHELTER In the City of Waterloo, Iowa CONTRACT NO. 1087 PUBLIC HEARING The City Council of Waterloo, Iowa, will hold a public hearing on the proposed Plans, Specifications, Form of Contract, and Estimate of Costs for the construction of said improvements at 5:30 p.m. on the 18th day of September 2023, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. At said hearing, any interested person may appear and file objections thereto or to the cost of the improvements. The Board of Trustees of the Municipal Telecommunications Utility will ho ld a public hearing on the proposed Plans, Specification, Form of Contract, and Estimate of Costs for the construction of said improvements at 4:00 p.m. on September 20, 2023, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. At said hearing, any interested person may appear and file objections thereto or to the cost of the improvements. The City of Waterloo (Owner) is seeking bids from contractors who can supply and install a prefabricated concrete communication shelter that will securely house the network equipment, power systems, and supporting environmental components required to operate the Waterloo Fiber FTTU network for the Owner. The shelter will be located at Fire Station 6, 3233 Ansborough Ave, Waterloo, IA 50701. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the day of , . CITY OF WATERLOO, IOWA BY: Kelley Felchle City Clerk NOTICE TO BIDDERS CONTRACT NO. 1087 NOTICE TO BIDDERS For the Taking of Bids for the FY 2023 PREFABRICATED SHELTER REQUEST FOR QUOTE In the City of Waterloo, Iowa CONTRACT NO. 1087 RECEIVING OF BIDS On behalf of the City of Waterloo and the Municipal Telecommunications Utility of the City of Waterloo, notice is hereby given that sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the s aid City on the 14th day of September 2023 until 1:00 p.m. for the construction of the FY 2023 PREFABRICATED SHELTER, CONTRACT NO. 1087, as described in detail in the plans and specifications now on file in the Office of the City Clerk. Proposals received after the deadline for submission of bids as stated herein shall not be considered and shall be returned to the late bidder unopened. OPENING OF BIDS All proposals received will be opened in the City Council Chambers at City Hall, in the City of Waterloo, Iowa, on the 14th day of September 2023 at 1:00 p.m. Proposals will be considered by the Board of Trustees of the Municipal Telecommunications Utility at its meeting at 4:00 P.M. on September 20, 2023, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. The Board may approve awarding a Contract at said meeting, or at such other time and place as shall then be announced. Proposals will be considered by the City of Waterloo City Council at its meeting at 5:30 P.M. on September 18, 2023, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. The City Council anticipates making the award of Contract at its meeting at 5:30 P.M. on September 18, 2023, or at such other time and place as shall then be announced. PUBLIC HEARING The City Council of Waterloo, Iowa, will hold a public hearing on the proposed Plans, Specifications, Form of Contract, and Estimate of Costs for the construction of said improvements at 5:30 p.m. on the 18th day of September 2023, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. At said hearing, any interested person may appear and file objections thereto or to the cost of the improvements. The Board of Trustees of the Municipal Telecommunications Utility will hold a public hearing on the proposed Plans, Specification, Form of Contract, and Estimate of Costs for the construction of said improvements at 4:00 p.m. on September 20, 2023, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. At said hearing, any interested person may appear and file objections thereto or to the cost of the improvements. SCOPE OF WORK The City of Waterloo (Owner) is seeking bids from contractors who can supply and install a prefabricated concrete communication shelter that will securely house the network equipment, power systems, and supporting environmental components required to operate the Waterloo Fiber FTTU network for the Owner (the Project). The shelter will be located at Fire Station 6, 3233 Ansborough Ave, Waterloo, IA 50701 (See Attachment D – Site Location). NOTICE TO BIDDERS CONTRACT NO. 1087 The Owner is seeking a Base Bid and one alternate, Alternate A. The Total of the Base Bid plus any Alternates selected by the Owner shall be used for comparison of bids. The Total of the Base Bid plus all Alternates shall be used for determining the sufficiency of the bid security. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed." The “Notice to Proceed” is expected to be issued on or about September 29, 2023. The Project shall be substantially completed on or before March 1, 2024. METHOD OF PAYMENT TO CONTRACTOR Payments will be made on the basis of estimates prepared by the Contractor and approved by the Engineer, solely for the purpose of payment; approval by the Engineer, or the City Council, shall not be deemed as approval or acceptance of the workmanship or materials. The Contractor will be compensated for 95% of the work completed during a payment period, with the remaining 5% being retained in accordance with the Iowa Code. Regular payments approved by the Engineer will be made following the next scheduled City Council meeting. Final payment will be made thirty-one (31) days after completion of the work and final acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men, and laborers have been paid. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by the City of Waterloo which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available for review only from the Engineering Department. Complete digital Plans and Specifications are available at: https://www.cityofwaterlooiowa.com/government/municipalgovermentbids.php . Please DO NOT obtain Bid Documents from any source other than the City of Waterloo, Iowa. Obtaining documents through any other source could prevent Bidder from being included on the official Plan Holders List, which, in turn, may cause the Bidder to not receive addenda or other time-sensitive / bid-critical documents. The City has the right to reject any bids that do not have current bidding documents included in the proposal. Upon award of project, the prime contractor, subcontractors and suppliers shall be supplied with the needed number of plans and specifications at no additional cost. Project Calendar Anticipated Events Dates:  Issuance of the Notice to Bidders August 24, 2023  Non-Mandatory Bidder Conference (Microsoft Teams) August 29, 2023  Final Submission of Bidders’ Questions August 30, 2023  Response to Bidders’ Questions September 1, 2023  Proposal Submission Date September 14, 2023  City consideration of bids September 18, 2023 NOTICE TO BIDDERS CONTRACT NO. 1087  City public hearing on Plans, Specifications, Form of Contract September 18, 2023 & Estimate of Cost  City Award of Contract September 18, 2023  Utility public hearing on Plans, Specifications, Form of Contract September 20, 2023 & Estimate of Cost  Utility consideration of bids & approval of award of contract September 20, 2023  Contract Signed September 29, 2023  Shelter Delivered and Offloaded by seller November 14, 2023  All Contracts Must Have Obligations Complete by March 1, 2024 NOTICE TO BIDDERS CONTRACT NO. 1087 CONTRACT AWARD A contract will be awarded to the lowest responsive, responsible bidder. The lowest responsive, responsible bidder will be determined based on the sum of the Base Bid plus any Alternate selected by the Owner. The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in the bids submitted. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the responsibility of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer - generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a “Performance Bond” and a “Payment Bond” within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the C ity from claims of any kind caused by the operations of the contractor. NOTICE TO BIDDERS CONTRACT NO. 1087 MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract guaranteeing the maintenance of the improvement caused by failures in materials and construction for a period of two (2) years from and after acceptance of the Contract. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of one thousand dollars ($1,000.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified contract period for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall b e attended by the prime contractor, subcontractors and City Officials. Formatted: Not Highlight NOTICE TO BIDDERS CONTRACT NO. 1087 BIDDER STATUS Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non- Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the form herein provided. Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected. SALES TAX EXEMPTION CERTIFICATES This project is subject to sales tax. The Contractor will keep track of sales tax as required by the State of Iowa. The City may apply for a sales tax refund on portions of the project after City Council acceptance. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. CITY OF WATERLOO, IOWA INSTRUCTIONS TO BIDDERS INSTRUCTIONS TO BIDDERS 1. EXPLANATIONS TO BIDDERS Any explanation desired by a bidder regarding the meaning or interpretation of the Notice to Bidders, Plans, Specifications, etc., must be requested in writing on or before August 30, 2023. Any interpretation made will be in the form of an addendum to the Notice to Bidders, Plans, Specifications, etc., and will be furnished to all prospective bidders. Its receipt by the bidder must be acknowledged in the space provided on the Proposal Form. Oral explanations or instructions given before the award of the contract will not be binding. 2. EXAMINATION OF PROPOSED WORK Bidders should visit the site and take such other steps as may be reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Failure to do so will not relieve bidders from responsibility for estimating properly the difficulty or cost of successfully performing the work. The owner will assume no responsibility for any understanding or representation concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Notice to Bidders, the Specifications or related documents, or any addenda thereto. 3. PREPARATION OF BIDS a. Bids shall be submitted on the forms furnished, or copies thereof, and must be manually signed. If erasures or other changes appear on the forms, each erasure or change must be initialed by the person signing the bid. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price, and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spread- sheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. b. The Bid Form may provide for submission of a price or prices for one or more items, which may be lump sum bids, alternate prices, schedule items resulting in a bid on a unit of construction or a combination thereof, etc. When the Bid Form explicitly requires that the bidder bid on all items, failure to do so will disqualify the bid. When submission of a price on all items is not required, bidders should insert the words "no bid" in the space provided for any item on which no price is submitted. c. Unless called for, alternate bids will not be considered. d. In preparing his bid, the bidder shall specify the price, written legibly in ink or with the typewriter, at which he proposes to do each item of work. The unit price shall be stated in figures in the blank space provided (i.e., $7.14). In items where unit price is required, the total amount of each item shall be computed at the unit prices bid for the quantities given on the Bid Form and stated in figures in the blank space provided. If the bidder chooses to submit the unit prices, total bid price, and total bid on a computer-generated spreadsheet, all numbers shall be easily legible. e. Any changes or alterations made in the Bid Form, or any addition thereto, may cause the rejection of the bid. No bid will be considered which contains a clause in which the contractor reserves the right to accept or reject a contract awarded him by the city Council of Waterloo. Bids in which the unit prices are obviously unbalanced INSTRUCTIONS TO BIDDERS may be rejected. f. If the bidder does not qualify as a resident bidder, the nonresident bidder shall specify on the project proposal whether any preference to resident bidders, including but not limited to any preference to bidders, the imposition of any type of labor force preference, or any other form of preferential treatment to bidders or laborers from that state or foreign country is in effect in the nonresident bidder’s state or country of domicile at the time of a bid submittal. 4. SUBMISSION OF BIDS a. A bid must be sealed in a separate envelope and marked to indicate its contents and be accompanied by the bid security in a separate envelope. If forwarded by mail, the two envelopes shall be placed in a third and mailed to the City Clerk. All bids must be filed with the City Clerk of the City of Waterloo at her office in the City Hall before the time specified for closing bids. b. Bids received prior to the advertised hour of opening will be securely kept sealed. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. 5. LATE BIDS AND MODIFICATIONS OR WITHDRAWALS Bids and withdrawals thereof received at the office designated in the Notice to Bidders after the exact time set for closing of bids will not be considered. Bids may be withdrawn by written request received from bidders prior to the time set for closing of bids. 6. PUBLIC OPENING OF BIDS Bids will be publicly opened at that time and place set for opening in the Notice to Bidders. Their content will be made public for the information of bidders and others interested who may be present either in person or by representative. 7. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bond, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. INSTRUCTIONS TO BIDDERS 8. COLLUSIVE AGREEMENTS a. Each bidder submitting a bid shall execute and include with the bid, a Non -Collusion Affidavit in the form herein provided, to the effect that he as not colluded with any other person, firm, or corporation in regard to any bid submitted. b. Each bidder submitting a bid shall have each proposed subcontractor, if any, execute and submit to the City Contract Compliance Officer by 5:00 P.M. the business day following the day bids on this project are due, a Non-Collusion Affidavit in the form herein provided, to the effect that he has not colluded with any other person, firm, or corporation in regard to any bid submitted. Before executing any sub contract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. 9. MINORITY AND/OR WOMEN BUSINESS ENTERPRISE SUBCONTRACTORS a. CITY OF WATERLOO AND/OR WOMEN BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM The City of Waterloo Minority and/or Women Business Enterprise Pre-Bid Contact Information Form shall be submitted with the Form of Bid or Proposal. Failure to do so shall be grounds for the bid being rejected if subcontracting is proposed by the prime contractor. 10. MBE/WBE CONTRACT COMPLIANCE PROGRAM PURPOSE The purpose of the Contract Compliance Program (hereinafter called Program) is to act as an impetus for increasing the participation of minority and women disadvantaged business enterprise (MBE/WBE) in City awarded construction contracts. The Program does not propose to eliminate any bonafide contractor or subcontractor from bidding on City contracts, but it will hopefully serve as a needed stimulus to help local MBE/WBE’s grow and eventually become mainstream contractors and subcontractors. This Contract Compliance Program does not propose to include any set-aside or quotas, but only flexible goals where “good-faith efforts” are required by the contractor to use MBE/WBE subcontractors. This Program shall not eliminate the need for contractors to continue their “good-faith efforts” in using MBE/WBE subcontractors on City contracts estimated at less than $50,000. The City of Waterloo will make every effort to reduce in-house construction and maintenance work that would be more cost effectively performed by the private sector and, thus, would allow additional bidding opportunities for MBE/WBE firms. The City Contract Compliance Officer shall be advised of all City of Waterloo awarded construction contracts. DEFINITIONS Goals: A flexible numerically expressed objective which contractors are required to make “good-faith efforts.” The key to the requirement is to make documented efforts. Goals are neither set-a-sides nor a device to achieve proportional representation or equal results. Numerical goals do not create set-a-sides for specific groups, nor are they designed to achieve proportional representation or equal results. Rather, the goal -setting process in affirmative action planning is used to target and measure the effectiveness of affirmative action efforts to eradicate and prevent discrimination. INSTRUCTIONS TO BIDDERS Quota: A flat numerical requirement that the contractor is required to meet in order to obtain the benefit or be in compliance. The numerical goal component of affirmative action programs is not designed to be, nor may it properly or lawfully be interpreted as, permitting unlawful preferential treatment and quotas with respect to persons of any race, color, religion, se x, or national origin. The regulations at 41 CFR 60-2.12(a), 60-2.15 and 60-2.30, specifically prohibit discrimination and the use of goals as quotas. (U.S. Department of Labor) Set-Aside: An arrangement in which a particular contract is reserved for competition solely among minority and women business enterprises. Contractor: As used in this document means contractor, subcontractor, supplier, vendor, and professional service provider. Minority Business Enterprise (MBE) Any business, which is at least 51%, owned by one or more minorities and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list. Women Business Enterprise (WBE): Any business which is at least 51% owned by one or more women and whose management and daily business operations are controlled by one or more such individuals and is on the current State Unified Certification List, or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002 Minority: Any person or persons who are considered as socially and economically disadvantaged because of their identity as a group member without regard to their individual qualities. The groups include Black American, Hispanic American, Native Americans, Eskimos, Aleuts, and Asian-Pacific Americans. 13 C.F.R. 124- 1.1(c)(3)(ii) (1983). Lowest Responsible Bidder: Bidder who has offered the lowest bid and who has exhibited skill relative to the type of work bid on, judgment, financial responsibility, and evidence of working with the Affirmative Action Employment Program and the Contract Compliance Program. Broker: One buying or selling for others on commission or other fee basis without maintaining a warehouse or other similar inventory storage facility. Good Faith Efforts: The successful bidder shall be selected on the basis of having submitted the lowest responsible bid. The obligation of the bidder is to make good faith efforts. The bidder can demonstrate that it has done so by the following: 1. The Prime Contractor met the project goal - No Action necessary 2. If the Prime Contractor failed to meet the goal, they must submit documentation of good faith efforts. INSTRUCTIONS TO BIDDERS CONTRACT COMPLIANCE PROGRAM SUBCONTRACTING The program proposes numerical projections or goals regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as subcontractors in the performance of contracts awarded by the City of Waterloo, Iowa. A goal of at least 10% for MBE participation on all City funded construction projects that are estimated at $50,000 or more and projects under $50,000 where applicable at the Contract Compliance Officer’s discretion. There is at least 2% WBE goal on City funded projects. Any project which is funded solely or in part with Federal funds shall follow the respective agencies contract compliance program and goals. Any project which is funded solely or in part with State funds shall follow the respective agencies contract compliance program and goals. The City of Waterloo Contract Compliance Program is for City awarded construction contracts only. The prime contractor shall make “good -faith efforts” to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontracts must provide the prime contractor a reasonably competitive price for the service being rendered or the contractor is not required to accept the bid. Administrative Reconsideration: As part of this reconsideration, the bidder will have the opportunity to provide written documentation or arguments concerning the issue of whether they made adequate good faith efforts to meet the goals. The bidder will have the opportunity to meet in person with the City of Waterloo's Administrative Reconsideration Committee to discuss the issue of whether they made adequate good faith efforts. The Administrative Reconsideration Committee will forward a written decision on reconsideration to the Mayor and City Council, explaining the basis for finding that the bidder did or did not meet the goal or make adequate good faith efforts to do so. Documentation required will include but is not limited to the following: * Making portions of the work available for MBE/WBE subcontracting * Evidence of negotiating with MBE/WBE firms * MBE/WBE quotes obtained and non-MBE/WBE quotes used * Reasons agreements were not reached * Follow-up after initial solicitations * Efforts to assist in obtaining equipment, supplies and materials (at competitive prices), bonding, lines of credit, insurance, etc. * Evidence of past compliance or non-compliance by same contractor The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. RESPONSIBILITIES 1. City of Waterloo A. The City Contract Compliance Officer has the responsibility to assure the City’s compliance with Federal, State and Municipal regulations. B. The City Contract Compliance Officer is responsible for maintaining a current directory of certified firms. Certification of MBE/WBE/DBE contractors is through the Iowa Department of Transportation and its Unified Certification Program. Only firms certified based on guidelines prescribed in 49 CFR Part 26 and provisions of this agreement, shall be recognized as certified by the City of Waterloo. C. The City Contract Compliance Officer is responsible for making available a list of future project information notices to MBE/WBE firms. INSTRUCTIONS TO BIDDERS D. The City Contract Compliance Officer shall send notices to appropriate MBE/WBE firms in the directory of each bid solicitation with opening date. E. The City Contract Compliance Officer will receive MBE/WBE Letter(s) of Intent to Bid and within two (2) business days forward the complete list of MBE/WBE bidders who submitted a Letter of Intent to Bid to prime contractors. Prime Contractors In order to be in compliance with the guidelines of this program, the prime contractor must show good-faith efforts in following the MBE/WBE Contract Compliance Program. Good-faith efforts include, but are not limited to, the following: A. Prime contractors shall send solicitation letters (Form CCO-3) to appropriate MBE/WBE (those certified in directory prepared by City Contract Compliance Officer) at least seven (7) working days prior to bid date. Letters should identify specific items to be subcontracted. A minimum of three (3) disadvantaged business contacts must be made and documented, if there are at least three disadvantaged businesses offering services in the area to be subcontracted (See City of Waterloo MBE/WBE Certification List). If less than three (3) are offering the services to be subcontracted, then a contact is required for any that are listed as providing that service. If the Prime Contractor submits a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the MBE/WBE/DBE Certifications from another government agency. B. If a prime contract bidder is unable to identify MBE/WBE firms to perform portions of the work, the City Contract Compliance Officer should be contacted for assistance immediately. C. Prime contract bidders may solicit MBE/WBE proposals by telephone or personal interviews, but all such contacts shall be confirmed by Certified Mail, or subcontract bid request forms (Form CCO-2). D. If any MBE/WBE business submitting bids is not selected for subcontract award, documentation must accompany the "MBE/WBE Business Enterprise Pre-Bid Contact Information Form" (Form CCO-4 and CCO-4A) on why the MBE/WBE was not selected. These reasons could include: a. Not low bid. Copies of the competing bids may be required for verification. b. MBE/WBE did not bid, withdrew bid or non-responsive. c. Documentation of other business-related reason for not selecting the MBE/WBE business for a subcontract. d. Prime contractor self performs work. e. Any other reason relied on by prime. The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. II. MBE/WBE Firms A. MBE/WBE firms shall be certified by the Iowa Department of Transportation as owners and controllers of their respective businesses or were listed on the City of Waterloo Certified MBE/WBE Contractors list as of July 1, 2002. B. MBE/WBE firms must perform the work on the project; they cannot act as a broker by subcontracting the work out to others. C. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. INSTRUCTIONS TO BIDDERS If sufficient Letters of Intent to Bid are not received by the City Contract Compliance Officer seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and a MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. NON-COMPLIANCE OF CONTRACTORS A. Noncompliance exists when the contractor’s actions are not consistent with the requirements of the Contract Compliance Program in the areas of employment and subcontracting. B. A bidder’s failure to show good-faith efforts to meet project goals or a failure to use certified MBE/WBE firms may be grounds for finding its bid not responsible. C. The Contract Compliance Officer shall submit to City Council his/her recommendation on any non- compliant contract in writing. NOTICE TO PROCEED Notice to proceed on any project with goals will not be issued until City Contract Compliance Officer determines the lowest responsible bidder has used good-faith efforts to comply with this Compliance Program and the bid was responsive. CONCLUSION This program repeals or revises all sections of previous Waterloo Contract Compliance Programs. 11. EMPLOYMENT AND BUSINESS OPPORTUNITY To the greatest extent feasible, suppliers, subcontractors, and low-income workers owning businesses or living in the Waterloo area must be given priority in supplying materials, bidding for subcontract work, or applying for employment by the contractor on this project. Opportunities for training and for employment arising in connection with this project, shall to the greatest extent feasible be made available to lower income persons residing in the project area. The contract area is the City of Waterloo. The City of Waterloo will require the contractor to document his efforts in securing lower income workers living in the project area and in purchasing supplies from, and awarding subcontracts to, businesses owned by persons residing in the project area. 12. STATEMENT OF BIDDER'S QUALIFICATIONS The apparent lowest bidder shall, upon request of the City of Waterloo, Iowa, submit on the form furnished for that purpose (a copy of which is included in the contract documents), a statement of bidder's qualifications, his experience record in constructing the type of improvements embraced, and his organization and equipment available for the work contemplated; and, when specifically requested, a detailed financial statement. The City of Waterloo, Iowa, shall have the right to take such steps as it deems necessary to determine the ability of the bidder to perform his obligations under the contract, and the bidder shall furnish the City of Waterloo, Iowa, all such information and data for this purpose as it may request. The right is reserved to reject any bid where an investigation of the available evidence or information does not satisfy the City of Waterloo, Iowa, that the bidder is qualified to carry out properly the terms of the contract. 13. AWARD OF CONTRACT a. Award of contract will be made to the lowest responsive, responsible bidder. The intention is to award the contract at the City Council meeting on September 185, 2023, but the right is reserved to postpone such action for a reasonable time, not exceeding thirty (30) days. INSTRUCTIONS TO BIDDERS b. The City Council reserves the right to reject any or all bids or waive any informality in bids received. c. The bidder shall submit bids on all the items listed in the proposal and shall state the unit bid price in words in the blank spaces provided beneath the item description. Should there be any discrepancy between the unit bid price in words and listed numeral unit bid price, the City of Waterloo shall consider the unit bid price in words as being the valid unit bid price. A computer-generated spreadsheet as herein provided shall also be acceptable. Proposals requiring mathematical computations to determine unit prices or totals will be rejected. A contract will be awarded to the lowest responsive, responsible bidder submitting the lowest total bid, or for the BASE BID plus ALTERNATE(S), as applicable, chosen by the City as indicated in the NOTICE TO BIDDERS. d. A resident bidder shall be allowed a preference as against a nonresident bidder from a state or foreign country if that state or foreign country gives or requires any preference to bidders from that state or foreign country, including but not limited to any preference to bidders, the imposition of any type of labor force preference, or any other form of preferential treatment to bidders or laborers from that state or foreign country. The preference allowed shall be equal to the preference given or required by the state or foreign country in which the nonresident bidder is a resident. In the instance of a resident labor force preference, a nonresident bidder shall apply the same resident labor force preference to a public improvement in this state as would be required in the construction of a public improvement by the state or foreign country in which the nonresident bidder is a resident. 14. EXECUTION OF AGREEMENT, BONDS, AND CERTIFICATE O F INSURANCE a. Subsequent to the award and within ten (10) days after the prescribed forms are presented for signature, the successful bidder shall execute and deliver to the City of Waterloo, Iowa, an agreement in the form included in the contract documents in such number of copies as the City of Waterloo, Iowa, may require. b. Having satisfied all conditions of award as set forth elsewhere in these documents, the successful bidder shall, within the period specified in paragraph "a" above, furnish a performance bond and a payment bond in a penal sum not less than the amount of the contract as awarded, as security for the faithful performance of the contract and terms and conditions therein contained and shall guarantee the prompt payment of all persons, firms, or corporations to whom the contractor may become legally indebted for labor, materials, tools, equipment, or services of any nature including utility and transportation services, employed or used by him in performing the work. The bonds shall protect and save harmless the City from claims and damages of any kind caused by the operations of the contractor and shall also guarantee the maintenance of the contract improvements for the period stated in the Notice to Bidders from and after completion of said improvements and their acceptance by the City. Such bonds shall be in the same form as that included in the contract documents and shall bear the same date as, or a date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety company shall be attached to such bonds. c. The successful bidder shall, within the period specified in paragraph "a" above, furnish a certificate of insurance for approval in amounts of not less than the amounts specified in the General Specifications for Construction, Section F. No. 4 "Liability Insurance" Pages 11 to 12 of 14 Pages. The certificate of insurance shall be furnished in such number of copies as the City of Waterloo may require. The City of Waterloo shall be named as an "Additional Insured." The contractor shall similarly submit his subcontractor's certificates of insurance in the amounts for approval before each commences work. The contractor shall carry or require that there be Workmen's Compensation Insurance for all his employees and those of his subcontractors engaged in work at the site, in accordance with State Workmen's Compensation Laws. d. In case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. 15. BIDDER STATUS INSTRUCTIONS TO BIDDERS Attention of bidders is called to the requirement of complying with the provisions of the Resident Bidder/Non-Resident Bidder requirement. Each bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the form herein provided. Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected. FORM OF BID CONRACT NO. 1087 Page 1 of 3 FORM OF BID OR PROPOSAL F.Y. 2023 PREFABRICATED SHELTER CONTRACT NO. 1087 CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1. The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: , having familiarized (himself) (themselves) (itself) with the existing conditions on the project area affecting the cost of the work, and with all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the City Engineer of the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all supervision, technical personnel, labor, materials, machinery, tools, appurtenances, equipment, and services, including utility and transportation services required to construct and complete this F.Y. 2023 PREFABRICATED SHELTER, CONTRACT NO. 1087, all in accordance with the above-listed documents and for the unit prices for work in place for the following items and quantities: FY 2023 PREFABRICATED SHLETER CONTRACT NO. 1087 Description Total Cost TOTAL DIVISION 1 BASE BID $ ALTERNATE A (3.1 DC POWER DISTRIBUTION SYSTEM & 3.2 AC INVERTER) $ TOTAL DIVISION 1 BASE BID + ALTERNATE A $ FORM OF BID CONRACT NO. 1087 Page 2 of 3 2. It is understood that the quantities set forth are approximate only and subject to variation and that the unit bid price for the work done shall govern in the actual payment to Contractor. 3. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. The undersigned agrees to execute and deliver an agreement in the prescribed form and furnish the required bond and certificate of the insurance within ten (10) days after the agreement is presented to him for signature and start work within ten (10) days after "Notice to Proceed" is issued. 4. Security in the sum of Dollars ($ ) in the form of , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 5. Attached hereto is a Non-Collusion Affidavit of Prime Contractor. 6. Attached hereto is a Bidder Status Form. 7. The bidder is prepared to submit a financial and experience statement upon request. 8. The Prime Contractor and Subcontractor(s), which have performed an aggregate of $10,000.00 in work for the City in the current calendar year, are prepared to submit an AAP or Update and an EOC, within ten (10) days of notification that the bid submitted is lowest and acceptable. 9. The bidder has received the following Addendum or Addenda: Addendum No. Date 10. The bidder shall list the MBE/WBE subcontractor(s), amount of subcontracts and bid items on the City of Waterloo Minority and/or Women Business Pre-bid Contact Information Form submitted with this Form of Bid or Proposal. The apparent low Bidder shall submit a list of all other Subcontractor(s) to be used on this Project to the City of Waterloo by 5:00 p.m. the business day following the day Bids on this Project are due along with the Non-Collusion Affidavits of All Subcontractor(s). The Contractor shall submit information on subcontractors on “SUBCONTRACTOR REQUEST AND APPROVAL” Form to be provided by City prior to approval of contract. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: 1) The City of Waterloo does not approve the subcontractors. 2) The subcontractors submit in writing that they cannot fulfill their subcontracts. 11. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". 12. The bidder has attached all applicable forms. (Name of Bidder) (Date) BY: Title FORM OF BID CONRACT NO. 1087 Page 3 of 3 Official Address: (Including Zip Code): I.R.S. No. 1 BID BOND Sample Bid Bond Form KNOW ALL BY THESE PRESENTS: That we, , as Principal, and , as Surety, are held and firmly bound unto , as Obligee, (hereinafter referred to as “the Jurisdiction”), in the penal sum of dollars ($ ), or _______ percent of the amount bid in lawful money of the United States, for which payment said Principal and Surety bind themselves, their heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these presents. The condition of the above obligation is such that whereas the Principal has submitted to the Jurisdiction a certain proposal, in a separate envelope, and hereby made a part hereof, to enter into a contract in writing, for the following described improvements; 2023 PREFABRICATED SHELTER, CONTRACT NO. 1087 The City of Waterloo (Owner) is seeking bids from contractors who can supply and install a prefabricated concrete communication shelter that will securely house the network equipment, power systems, and supporting environmental components required to operate the Waterloo Fiber FTTU network for the Owner (the Project). The shelter will be located at Fire Station 6, 3233 Ansborough Ave, Waterloo, IA 50701 (See Attachment D – Site Location). (CONT. BID BOND) Project Name The Surety hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Jurisdiction may accept such bid or execute such Contract; and said Surety does hereby waive notice of any such extension. In the event that any actions or proceedings are initiated with respect to this Bond, the parties agree that the venue thereof shall be County, State of Iowa. If legal action is required by the Jurisdiction against the Surety or Principal to enforce the provisions of the bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Surety or Principal agrees to pay the Jurisdiction all damages, costs, and attorney fees incurred by enforcing any of the provisions of this Bond. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against Surety for any amount guaranteed hereunder whether action is brought against Principal or whether Principal is joined in any such action or actions or not. NOW, THEREFORE, if said proposal by the Principal be accepted, and the Principal shall enter into a contract with Jurisdiction in accordance with the terms of such proposal, including the provision of insurance and of a bond as may be specified in the contract documents, with good and sufficient surety for the faithful performance of such contract, for the prompt payment of labor and material furnished in the prosecution thereof, and for the maintenance of said improvements as may be required therein, then this obligation shall become null and void; otherwise, the Principal shall pay to the Jurisdiction the full amount of the bid bond, together with court costs, attorney’s fees, and any other expense of recovery. Signed and sealed this day of , 20 . SURETY: PRINCIPAL: Surety Company Bidder By By Signature Attorney-in-Fact/Officer Signature Printed Name of Attorney-in-Fact/Officer Printed Name Company Name Title Company Address Address City, State, Zip Code City, State, Zip Code Company Telephone Number Telephone Number NOTE: All signatures on this bid bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. This bond must be sealed with the Surety’s raised, embossing seal. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety’s raised, embossing seal. NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of ) County of ) ) ss , being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer, Representative, or Agent) , of , the Bidder that has submitted the attached Bid; 2. He is fully-informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid: 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and 5. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of , 20 . Title My commission expires . NON-COLLUSION AFFIDAVIT OF SUBCONTRACTOR State of ) County of ) ) ss: , being first duly sworn, deposes and says that: 1. He is (Owner, Partner, Officer, Representative, or Agent) , of hereinafter referred to as the "Subcontractor;" 2. He is fully informed respecting the preparation and contents of the subcontractor's proposal submitted by the subcontractor to , contract pertaining to the project in ; (City or County and State) 3. Such subcontractor's proposal is genuine and is not a collusive or sham proposal ; 4. Neither the subcontractor nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other bidder, firm or person to submit a collusive or sham proposal in connection with such contract or to refrain from submitting a proposal in connection with such contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other bidder, firm or person to fix the price or prices in said subcontractor's proposal, or to fix any overhead, profit or cost element of the price of prices in said subcontractor's proposal, or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the proposed contract; and 5. The price or prices quoted in the subcontractor's proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of , 20 . Title My commission expires . EQUAL OPPORTUNITY CLAUSE (As provided in Executive Order No. 11246) All contractors, subcontractors, vendors and suppliers of goods and services doing business with the City and value of said business equals or exceeds ten thousand dollars ($10,000.00) annually agree as f o l l o w s : 1. The contractors, subcontractor, vendor and supplier of goods and services will not discriminate against any employee or applicant for employment because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap, political opinions or affiliations. The contractor, subcontractor, vendor and supplier will develop an Affirmative Action program to ensure that applicants are employed and that employees are treated during employment without regard to their race, creed, color, sex, national origin, religion, economic status, age, mental or physical disability, political opinions or affiliations. Such actions shall include but not be limited to the following: a. Employment b. Upgrading c. Demotion or Transfer d. Recruitment and Advertising e. Layoff or Termination f. Rates of Pay or Other Forms of Compensation g. Selection for Training Including Apprenticeship 2. The contractor, subcontractor, vendor and supplier of goods and services will, in all solicitations or advertisements for employees, state that all qualified applicants will receive con sideration for employment without regard to race, creed, color, sex, national origin, religion, economic status, age, mental or physical disabilities, political opinion or affiliations. 3. The contractor, subcontractor, vendor and supplier or his/her collective bargaining representative will send to each labor union or representative of workers which he/she has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers' representative of the contractor's commitment under this section. 4. The contractor, subcontractor, vendor and supplier of goods and services will comply with all published rules, regulations, directives, and order of the City of Waterloo Affirmative Action Program Contract Compliance Provisions. 5. The contractor, subcontractor, vendor and supplier of goods and services will furnish and file compliance reports within such time and upon such forms as provided by the Affirmative Action Officer. Said forms will elicit information as to the policies, procedures, patterns, and practices of each subcontractor as well as the contractor himself/herself and said contractor, subcontractor, vendor and supplier will permit access to his/her employment books, records and accounts to the City's Affirmative Action Officer, for the purpose of investigation to ascertain compliance with this contract and with rules and regulations of the City's Affirmative Action Program —Contract Compliance Provisions relative to Resolution No. 24664. 6. In the event of the contractor's non-compliance with the non-discrimination clauses of this contract or with any of such rules, regulations and orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized by the City Council. 7. The contractor, subcontractor, vendor and supplier of goods and services will include, or incorporate by reference, the provisions of the non-discrimination clause in every contract, subcontract or purchase order unless exempted by the rules, regulations or orders of the City's Affirmative Action Program, and will provide in every subcontract, or purchase order that said provisions will be binding upon each contractor, subcontractor, or supplier. 8. We, the undersigned, recognize that we are morally and legally committed to non -discrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, creed, color, sex, national origin, economic status, age, mental or physical disabilities. (Signed) (Appropriate Official) (Title) (Date) TITLE VI CIVIL RIGHTS Page 1 of 2 TITLE VI CIVIL RIGHTS During the performance of this contract, the contractor (for itself), its assignees, and successors in interest (hereinafter referred to as the “contractor”) agrees as follows: 1. Compliance with Regulations: The contractor shall comply with the Regulations relative to non-discrimination in Federally assisted programs of the DOT Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, age, or disability in the selection and retention of subcontractors, including proc urement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set fort h in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor’s obligations under this contract and the Regulations relative to non - discrimination on the grounds of race, color, national origin, sex, age, or disability. 4. Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant there to, and shall allow access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Contracting Authority, the Iowa DOT, or FHWA to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Contracting Authority, the Iowa DOT, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the contractor’s noncompliance with the nondiscrimination provisions of this contract, the Contracting Authority, the Iowa DOT, or the FHWA shall impose such contract sanctions as they may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and/or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Contracting Authority, the Iowa DOT, or the FHWA may direct as a means of enforcing such provisions including sanctions for non -compliance: Provided, however, TITLE VI CIVIL RIGHTS Page 2 of 2 that, in the event of a contractor becomes involved in, or it threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Contracting Authority or the Iowa DOT to enter into such litigation to protect the interests of the Contracting Authority or the Iowa DOT; and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. Bidder Status Form To be completed by all bidders Please answer “Yes” or “No” for each of the following: Part A Yes No Yes No Yes No Yes No Yes No My company is authorized to transact business in Iowa. (To help you determine if your company is authorized, please review the worksheet on the next page). My company has an office to transact business in Iowa. My company’s office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail. My company has been conducting business in Iowa for at least 3 years prior to the first request for bids on this project. My company is not a subsidiary of another business entity, or my company is a subsidiary of another business entity that would qualify as a resident bidder in Iowa. If you answered “Yes” for each question above, your company qualifies as a resident bidder. Please complete Parts B and D of this form. If you answered “No” to one or more questions above, your company is a nonresident bidder. Please complete Parts C and D of this form. To be completed by resident bidders My company has maintained offices in Iowa during the past 3 years at the following addresses: Part B Dates: / / to / / Address: City, State, Zip: Dates: / / to / / Address: City, State, Zip: Dates: / / to / / Address: You may attach additional sheet(s) if needed. To be completed by non-resident bidders City, State, Zip: Part C 1. Name of home state or foreign country reported to the Iowa Secretary of State: 2. Does your company’s home state or foreign country offer preferences to resident bidders, resident labor force preferences or any other type of preference to bidders or laborers? Yes No 3. If you answered “Yes” to question 2, identify each preference offered by your company’s home state or foreign country and the appropriate legal citation. To be completed by all bidders You may attach additional sheet(s) if needed. Part D I certify that the statements made on this document are true and complete to the best of my knowledge and I know that my failure to provide accurate and truthful information may be a reason to reject my bid. Firm Name: Signature: Date: You must submit the completed form to the governmental body requesting bids per 875 Iowa Administra tive Code Chapter 156. This form has been approved by the Iowa Labor Commissioner. 309-6001 (09-15) Worksheet: Authorization to Transact Business This worksheet may be used to help complete Part A of the Resident Bidder Status form. If at least one of the following describes your business, you are authorized to transact business in Iowa. Yes No Yes No Yes No Yes No Yes No My business is currently registered as a contractor with the Iowa Division of Labor. My business is a sole proprietorship, and I am an Iowa resident for Iowa income tax purposes. My business is a general partnership or joint venture. More than 50 percent of the general partners or joint venture parties are residents of Iowa for Iowa income tax purposes. My business is an active corporation with the Iowa Secretary of State and has paid all fees required by the Secretary of State, has filed its most recent biennial report, and has not filed articles of dissolution. My business is a corporation whose articles of incorporation are filed in a state other than Iowa, the corporation has received a certificate of authority from the Iowa secretary of state, has filed its most recent biennial report with the secretary of state, and has neither received a certificate of withdrawal from the secretary of state nor had its authority revoked. Yes No Yes No Yes No Yes No Yes No Yes No My business is a limited liability partnership which has filed a statement of qualification in this state and the statement has not been canceled. My business is a limited liability partnership which has filed a statement of qualification in a state other than Iowa, has filed a statement of foreign qualification in Iowa and a statement of cancellation has not been filed. My business is a limited partnership or limited liability limited partnership which has filed a certificate of limited partnership in this state and has not filed a statement of termination. My business is a limited partnership or a limited liability limited partnership whose certificate of limited partnership is filed in a state other than Iowa, the limited partnership or limited liability limited partnership has received notification from the Iowa secretary of state that the application for certificate of authority has been approved and no notice of cancellation has been filed by the limited partnership or the limited liability limited partnership. My business is a limited liability company whose certificate of organization is filed in Iowa and has not filed a statement of termination. My business is a limited liability company whose certificate of organization is filed in a state other than Iowa, has received a certificate of authority to transact business in Iowa and the certificate has not been revoked or canceled. 309-6001 (09-15) AFFIRMATIVE ACTION PROGRAM Page 1 of 8 Revised February 2003 CONTRACTOR’S OR SUBCONTRACTOR’S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( ) General Contractor ( ) Subcontractor I. Section A to be completed by GENERAL CONTRACTORS only: A. Name of Company Address of Company Zip Telephone Number ( ) Federal ID Number (if no Federal ID Number, Owner/President’s Social Security Number) Name of Equal Employment Officer Name of Project Project Contract Number Estimated Construction Work Dates / Start Finish Section B to be completed by SUBCONTRACTORS only: B. Name of General or Prime Contractor Name of Subcontractor Subcontractor’s Address Zip Subcontractor’s Telephone Number ( ) Subcontractor’s Federal ID Number (if no Federal ID Number Owner/President’s Social Security Number) Name of Equal Employment Officer AFFIRMATIVE ACTION PROGRAM Page 2 of 8 A. Remainder of program to be completed by party completing program, either Prime or Subcontractor. 1. The Owners and/or Principals of your company: Ethnic Name Address Position Sex Origin 2. Other Areas of Interest: If your company has branches or subsidiaries, or if your company is a branch or subsidiary of a parent organization, give the following information: Type of Name Address Affiliation Degree II. EMPLOYER’S POLICY (Please read carefully.) A. We, the undersigned, recognize that we are morally and legally committed to nondiscrimination in employment. Any person who applies for employment with our company will not be discriminated against because of race, color, creed, sex, national origin, economic status, age, mental or physical handicap. B. The employment policies and practices of the undersigned are to recruit and hire employees without discrimination, and to treat them equally with respect to compensation and opportunities for advancement, including training, upgrading, promotion, and transfer. However, we realize the inequities associated with employment training, upgrading, contracting and subcontracting for minorities and women and we will direct our efforts to correcting any deficiencies to the maximum extent possible. The same will be required of our SUBCONTRACTORS and suppliers. C. We submit this program to assure compliance with Executive Order 11246, as amended, and other subsequent orders that may pertain to equal employment opportunity and merit employment policies, fully realizing that our qualification and/or merit system should be evaluated and revised, if necessary. D. We agree to put forth the maximum effort to achieve full employment and utilization of capabilities and productivity of all our citizens without regard to race, creed, color, sex, national origin, economic status, age, and mental or physical handicap. E. will give training (Name of C ompany ) and employment opportunities to local residents of Waterloo, Iowa, to the greatest extent feasible. AFFIRMATIVE ACTION PROGRAM Page 3 of 8 III. AFFIRMATIVE ACTION A. recognizes that the effective application of a policy of (Name of Company) merit employment involves more than just a policy statement, and (Name of Company) will, therefore, re-evaluate our Affirmative Action Program to ensure that equal employment opportunities are available on the basis of individual merit, and to actively encourage minorities, women and local residents to seek employment with our company on this basis. B. will undertake the following six (6) steps to improve (Name of Company) our Affirmative Action Program: 1. Minority Recruitment and Employment; 2. Local Recruitment and Employment; 3. Disabled Veteran and Vietnam Era Veteran Recruitment and Employment; 4. Handicapped Recruitment and Employment; 5. Female Recruitment and Employment; and 6. Training, Upgrading and Promotional Opportunities. C. will take whatever steps are necessary to (Name of Company) ensure that our total work force has adequate minority, female, and local representation. We will utilize the following methods in our recruitment attempts: 1. Local advertising media (newspapers, radio, TV); 2. Community organizations (churches, clubs, schools); 3. Public and private institutions in the area (UNI, Hawkeye Community College); 4. Job Service of Iowa; and 5. Other. D. will seek qualified minority, female, and local group applicants (Name of Company) for all job categories and will make asserted efforts to increase minority, female and group representation in occupations at the higher levels or skill and responsibility. E. All sources of employment used shall be aware that we are an Equal Employment Opportunity Employer. Labor organizations representing our employees will be notified of our Equal Employment Opportunity Policy and Affirmative Action Program. F. Training, upgrading, promotion and transfer activities at all levels will be monitored to ensure that full consideration has been given to qualified minority, female, and local group employees. G. will encourage other companies, with whom we are (Name of Company) associated and/or do business, to do the same and we will assist them in their efforts. AFFIRMATIVE ACTION PROGRAM Page 4 of 8 H. has taken the following Affirmative Action to ensure that (Name of Company) minority, female, local contractors and/or suppliers were provided opportunities to negotiate and/or bid on this project: (if none, write "NONE") 1. 2. I. As a result of the above efforts, we have involved minority, female, and local contractors and/or suppliers in the following areas of subcontracting: (if none, write "NONE") 1. 2. J. will require approved Affirmative Action Programs from (Name of Company) all nonexempt contractors who propose to work on this project and will take whatever steps are necessary to ensure that non-minority contractors have adequate representation of minority, female and local persons in their total work force. K. In further accordance with rules and guidelines issued pursuant to Executive Order 11246 as amended, we establish the goals for our company, based on parity percentages supplied by the City, and we realize these goals will be reviewed on an annual basis. L. will keep records of specific actions relative to (Name of Company) recruitment, employment, training, upgrading and promotion and will provide the City of Waterloo with any information relative to same, including activities of our SUBCONTRACTORS and suppliers as necessary or when requested. M. Parity figures for companies located in Waterloo are as follows: Minority Parity = .08 (8%) N. (Name of Company) Affirmative Action Employment Goals: The definition of Affirmative Action Goals is as follows: "Goals may not be rigid and inflexible quotas which must be met, but must be targets, reasonably attainable by means of applying every good faith effort to make all aspects of the entire Affirmative Action Program work." For the year 20 , please submit percentage targets for employing minorities and women. If you already have reached your target for hiring minorities and women, please submit that percent age. *Goals for Minorities: % Goals for Women: % *Your affirmative action goals should be between 1% and 10% or more for minorities and 1% and 5% or more for women. AFFIRMATIVE ACTION PROGRAM Page 5 of 8 Please be advised that the goals or targets are purely your estimation o f how many women and minorities your company can reasonably expect to hire in 20 . Note, that none of the goals are rigid or inflexible. They are targets that your company calculates as reasonably attainable. This will help the City in its monitoring procedures as required by City of Waterloo Resolution No. 1984 - 142(4). CONTRACTOR’S TOTAL WORK FORCE (WATERLOO) NAME AND ADDRESS JOB CATEGORY RACE SEX HOURLY WAGE INDICATE: DISABLED VETERAN: DV VIETNAM ERA VETERAN: VV HANDICAPPED: H AFFIRMATIVE ACTION PROGRAM Page 6 of 8 We hereby certify that we are in compliance with all City and Federal Affirmative Action Regulations and agree to accept all liability for failure to comply. Respectfully submitted, By: Company Executive Date By: Equal Employment Opportunity Officer Date City of Waterloo Affirmative Action Officer Approved Disapproved Reason: By: Date: AFFIRMATIVE ACTION PROGRAM Page 7 of 8 DESCRIPTION OF JOB CATEGORIES 1. Officials/Manager: Occupations in which employees set broad policies, exercise overall responsibility for execution of all policies, or direct individual departments or special phases of the agency’s operations or provide specialized consultation on a regional, district or area basis. Includes: department heads, bureau chiefs, division chiefs, directors, deputy directors, controllers, examiners, wardens, superintendents, unit supervisors, sheriffs, police and fire chiefs and inspectors and kindred workers. 2. Professionals: Occupations, which require specialized and theoretical knowledge, which is usually required through college training or thorough work experience and other training which provides comparable knowledge. Includes: personnel and labor relations workers, social workers, doctors, psychologists, registered nurses, economists, dietitians, lawyers, system analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers or instructors, police and fire captains and lieutenants and kindred workers. 3. Technicians: Occupations, which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through specialized post -secondary school education and through equivalent on-the-job training. Includes: computer programmers and operations, draftspersons, surveyors, licensed practical nurses, photographs, radio operators, technical illustrators, police and fire sergeants and kindred workers. 4. Office/Clerical: Workers are responsible for internal and external communication, recording and retrieval of data and/or information and other paper wor k required in an office. Includes: bookkeepers, messengers, office machine operators, clerk-typists, stenographers, court transcribers, hearing reporters, statistical clerks, dispatchers, license distributors, payroll clerks and kindred workers. 5. Skilled Craft Workers: Workers perform jobs, which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work, which is acquired through on -the-job training programs. Includes: Mechanics and repairmen, electrician s, heavy equipment operators, stationary engineers, skilled machine occupations, carpenters, compositors and typesetters and kindred w orkers . 6. Sales Workers: Occupations engaging wholly and primarily in direct selling. Includes: advertising agents and salesmen, insurance agents and brokers, real estate agents and brokers, stock and bond salesmen, demonstrators, salesmen and sales clerks, grocery clerks and cashier checkers, and kindred workers. 7. Operatives (semi-skilled): Workers who operate machine or processing equipment or perform other factory- type duties of intermediate skill level which can be mastered in a few weeks and require only limited training. Includes: apprentices (auto mechanics), plumbers, building trades, metal working trades, bricklayers, carpenters, electricians, machinists, mechanics, printing trades, etc., operatives, attendants (auto service and parking), plasterers, chauffeurs, deliverymen and furnacemen, heaters (metal), laundry and dry cleaning operatives, milliners, mine operatives and laborers, motormen, oilers and greasers, (except auto painters), (except construction and maintenance), photographic process workers, stationary fireman, truck and tractor drivers, weavers, (textile), welders and flame cutters and kindred workers. 8. Laborers (unskilled): Workers in manual occupations, which generally require no special training. Perform elementary duties that may be learned in few days and require the application of little or no independent judgment. Includes: garage laborers, car washers and greasers, gardeners (except farm) and groundskeepers, longshoremen, and stevedores, lumbermen, raftsmen and woodchoppers, laborers performing lifting, digging, mixing, loading and pulling operations and kindred workers. AFFIRMATIVE ACTION PROGRAM Page 8 of 8 9. Apprentices: Persons employed in a program including work training and related instruction to learn a trade or craft which is traditionally an apprenticeship, regardless of whether the program is registered with a Federal or State agency . 10. Trainees (on-the-job): Production. . . persons in formal training for craftsmen when not trained under apprentice programs--operative laborer, and service occupations. White Collar. . . persons engaged in formal training for clerical, managerial, professional, tec hnical, sales, office and clerical occupations. ITEMS OF POTENTIAL MBE/WBE PARTICIPATION NOTICE TO PROSPECTIVE BIDDERS: The following are items from the FY 2023 PREFABRICATED SHELTER, CONTRACT NO. 1087, that have a potential for MBE/WBE Participation. This listing, however, is not intended to be all encompassing; to preclude MBE/WBE Contractors from bidding on any items of the Proposal as a Subcontractor or the entire Proposal as a Prime Contractor. All listed items are eligible for bid. MBE/WBE GOALS FOR THIS PROJECT IMPORTANT: Prime Contract Bidders should be aware that ten percent (10%) MBE goal and a two percent (2%) WBE goal is attached to this project. "Certified Return Receipt" letters are no longer needed with the bid showing proof of contacting MBE or WBE Subcontractors, but the Pre-Bid Contact Information Form must be filled out completely. City of Waterloo Contract Compliance Officer: Contract Compliance Officer Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, IA 50703 Phone: (319) 291-4429 ITEMS OF POTENTIAL MBE/WBE PARTICIPATIONS CONTRACT 1087 Page 1 of 1 SUBCONTRACTOR’S BID REQUEST FORM PRIME BIDDER’S LETTERHEAD Contract No.: Letting Date: I, (subcontractor’s name), hereby attest that I have been solicited for a bid on (project name) in the area of (description of work and bid item no.). (Prime contractor) has informed me that if I am interested in bidding, a subcontracting bid proposal must be submitted to the company office by and (Date) (Time). Subcontractor’s Company Name Subcontractor’s Signature Date Prime Bidder’s Signature Date LETTER TO BE USED WHEN SOLICITING FOR SUBCONTRACTOR QUOTES Subcontractor Company Name Address RE: Contract No.: Dear : (Prime Contractor's Company Name) is presently soliciting for the following work in connection with the above referenced project. (Insert bid Item Nos. and Description of Work) (Prime Contractor's Company Name) is an Equal Opportunity Employer, and all qualified bidders will not be discriminated against due to race, religion, color, sex, or origin. If interested in bidding your proposal must be turned in to this office by and . (Date) (Time) Sincerely, (Prime Contractor's Representative) Form CCO- 3 (11/28/2001) (Form CCO-4) Rev. 06-20-02 MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM Prime Contractor Name: Project: Letting Date: NO MBE/WBE SUBCONTRACTORS: If you are NOT using any MBE/WBE subcontractors to complete this project, sign below. Attach a brief explanation as to why subcontracting was not feasible with this project. If any MBE/WBE subcontractors will be used, please use the bottom portion of this form. Contractor Signature: Title: Date: - SUBCONTRACTORS APPLICABLE: You are required, in order for your bid to be considered responsive, to provide the information on this form showing ALL of your MBE/WBE subcontractor contacts made for your bid submission. This information is subject to verification. Any questions may be directed to Contract Compliance Office 319 -291- 4429. You are required, in order for your bid to be considered responsive, to provide the information on this Form showing your MBE/WBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBE/WBE firms to perform portions of the work, please contact Rudy Jones, Contract Compliance Officer, for assistance at (319) 291-4429. In the event it is determined that the MBE/WBE Business Enterprise goals are not met, then before awarding the contract the City of Waterloo will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. TABLE OF INFORMATION SHOWING BIDDER'S PRE -BID MBE/WBE BUSINESS ENTERPRISE CONTACTS Quotes Received Quotation used in bid MBE/WBE Subcontractors Dates Contacted Yes/No Dates Contacted Yes/No Dollar Amount Proposed to be Subcontracted Form CCO-4A Rev. 07-08-02 MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM INSTRUCTIONS Prime Contractor Responsibilities: Prime Contractors bidding on City of Waterloo contract work are required to ensure that MBE/WBE businesses are provided the opportunity to participate in the performance of contracts and subcontracts. Prime contractors are required to assist MBE/WBE businesses in overcoming barriers to participation, and must make good faith efforts to secure bids from, and award subcontracts to, MBE/WBE businesses. For all contract bids of $50,000 or more, the following is required to demonstrate good faith efforts in accordance with this policy: 1. "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" submitted with the prime contractor bid, properly completed and signed on Form CCO-4 (Rev. 06-20-02). Please note that this document must include all subcontractor contacts, bids received, and awarded - not just those related to disadvantaged business enterprise vendors. 2. A minimum of three (3) MBE/WBE business contacts must be made and documented, if there are at least three (3) MBE/WBE businesses offering services in the areas to be subcontracted (see City of Waterloo MBE/WBE Certified List). If less than three (3) are offering the services to be subcontracted, then a contact is required for any that are listed as providing that service. If you have submitted a MBE/WBE contact not on the City's MBE/WBE list, attach a copy of the certification from another government agency. 3. Contacts to each MBE/WBE businesses are required to be a minimum of seven (7) working days prior to the date the prime contractor submits the bid to the City of Waterloo. 4. The following documentation must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE -BID CONTACT INFORMATION FORM" for each MBE/WBE business contacted: a. A copy of the bid received from the MBE/WBE, OR b. If no bid was received, a copy of correspondence received from the MBE/WBE with a "no bid" response, OR c. If no response was received, a copy of the solicitation sent to the MBE/WBE with proof of mailing attached. 5. If any MBE/WBE business submitting bids are not selected for subcontract award, documentation must accompany the "MBE/WBE BUSINESS ENTERPRISE PRE-BID CONTACT INFORMATION FORM" on why the MBE/WBE was not selected. These reasons could include : a. Not low bid. Copies of the competing bids may be required for verification. b. MBE/WBE did not bid, withdrew bid or was n o n -responsive. c. Documentation of other business-related reason for not selecting the MBE/WBE business for a subcontract. d. Prime contractor self performs wor k . e. Any other reason relied on by the Prime Contractor. The Contract Compliance Officer will determine the weight to be given to each item listed above (supported by appropriate documentation) based on overall program goals. Subcontractors Responsibilities: 1. Each MBE/WBE firm planning to submit quotes on construction projects with goals, shall submit a Letter of Intent to Bid (Form CCO-5) to the City Contract Compliance Officer seven (7) working days prior to bid opening, listing specific items which the MBE/WBE firm is interested in bidding. If the City Contract Compliance Officer does not receive sufficient scope letters seven (7) working days prior to bid opening, goals on subject project will be reduced accordingly. Agreements between the bidder/proposer and an MBE/WBE in which the MBE/WBE promises not to provide subcontracting quotations to other bidders/proposers are prohibited. LETTER OF INTENT TO BID (MBE/WBE LETTER) According to the Current MBE/WBE Contract Compliance Program - 2002, all MBE/WBE Contractors interested in submitting subcontractor quotes on construction projects with goals, MUST submit a LETTER OF INTENT TO BID to the City of Waterloo Contract Compliance Officer at least seven (7) days prior to bid opening. The LETTER OF INTENT TO BID must list the specific items, which the MBE/WBE Contractor is interested in bidding. Letter should include the following: Name of Project: Your Company Name: Address: Phone: Date: List of Specific items to be bid: Item No. Description: Item No. Description: Item No. Description: Item No. Description: (Subcontractor's Company Name and authorized signature) Return this LETTER OF INTENT TO BID to: Contract Compliance Officer Community Development Board 620 Mulberry St. Carnegie Annex, Suite 202 Waterloo, IA 50703 Phone: (319) 291-4429 Form CCO-5 (06-20-2002) CERTIFIED MBE/WBE CONTRACTORS CITY OF WATERLOO, IOWA Contract Compliance Office Community Development Board Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, IA 50703 City WEB Site: www.ci.waterloo.ia.us Contract Compliance WEB Site for listing updates: http://www.cityofwaterlooiowa.com/contractcompliance Contact: Rudy Jones, Community Development Director Email: rudyjones@waterloo-ia.org Phone: (319) 291-4429 Fax: (319) 291-4431 CERTIFIED MBE CONTRACTORS CARTER ELECTRIC 725 Adams Street Waterloo, IA 50703 Phone: (319) 232-9808 Pager: (319) 235-4021 Contact: Derrick Carter Specializing in: ELECTRICAL CONTRACTOR CULPEPPER ELECTRIC 1731 Cottage Grove Avenue Waterloo, IA 50707 Phone: (319) 235-0885 Fax: (319) 236-8177 Contact: Martin Culpepper Certified: City of Waterloo Certified MBE, Licensed Electrician Specializing in: ELECTRICAL CONTRACTOR DANIELS HOME IMPROVEMENT 339 Albany Street Waterloo, IA 50703 Phone: (319) 961-1659 Contact: Sammy Daniels Specializing in: ALL TYPES OF CONCRETE FLATWORK, POURED WALLS—ALL TYPES, FOOTINGS, LIGHT DEMOLITION D.C. CORPORATION 426 Beech Street Waterloo, IA 50703 Phone: (319) 493-2542 FAX: (319) 236-0515 Contact: Terry Phillips Certified: City of Waterloo Certified MBE, Iowa DOT, TSB Certified Specializing in: COMMERCIAL AND RESIDENTIAL DEMOLITION, CONCRETE PAVING, DRIVEWAYS, TRUCKING (ALL TYPES), GENERAL CONSTRUCTION GREER'S WORKS 2003 Plainview Street Waterloo, IA 50703 Phone: (319) 233-4701 Contact: Willie Greer Specializing in: DRIVEWAYS, SIDEWALKS, CARPENTRY, ROOFING, GENERAL CONSTRUCTION OLD GREER'S WORKS 2309 Springview Street Waterloo, IA 50707 Phone: (319) 233-2150 Contact: David L. Greer, Sr. Specializing in: ROOFING & GENERAL CONSTRUCTION QUICK CONSTRUCTION 217 Bates Street Waterloo, IA 50703 Phone: (319) 215-4166 Contact: Leroy Harrington Specializing in: ALL TYPES OF CONCRETE FLATWORK AND GENERAL CONSTRUCTION D & D CONSTRUCTION 1124 West Donald Street Waterloo, IA 50703 Phone: (319) 961-4208 Contact: Darrell E. Caldwell, Sr. Specializing in: ROOFING AND GENERAL CONSTRUCTION E. CASTRO ROOFING 702 Riehl Street Waterloo, IA 50701 Phone: (319) 215-5683 Contact: Emillio Castro Specializing in: ROOFING, SIDING, GENERAL CONSTRUCTION CERTIFIED WBE CONTRACTORS ATLAS PAINTING, INC.* 911 Sycamore Street P.O. BOX 65 Waterloo, IA 50704 Phone: (319) 232-9164 Specializing in: COMMERCIAL AND INDUSTRIAL PAINTING PETERMAN & HAES CARPET ONE* 4003 University Waterloo, IA 50701 Phone: (319) 233-6131 Fax: (319) 233-6133 Certified: City of Waterloo WBE Email: JR11486@cfu.net Contact: Carol Reese Specializing in: FLOOR COVERING * DENOTES WOMEN BUSINESS ENTERPRISE STATEMENT OF BIDDERS QUALIFICATIONS Page 1 of 2 STATEMENT OF BIDDER’S QUALIFICATIONS (To be submitted by the Bidder only upon the specific request of the City of Waterloo, Iowa.) All questions must be answered, and the date given must be clear and comprehensive. This statement must be notarized. If necessary, questions may be answered on separate attached sheets. The Bidder may submit any additional information he desires. 1. Name of bidder. 2. Permanent main office address. 3. When organized. 4. If a corporation, when incorporated. 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company. 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? 10. List the more important projects recently completed by your company, stating the approximate cost for each, and the month and year completed . 11. List your major equipment available for this contract. 12. Experience in construction work similar in importance to this project. 13. Background and experience of the principal members of your organization, including the officers. 14. Credit available: $ . 15. Give bank reference: . 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the City of Waterloo, Iowa ? 17. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the City of Waterloo, Iowa, in verification of the recitals comprising this Statement of Bidder’s Qualifications. STATEMENT OF BIDDERS QUALIFICATIONS Page 2 of 2 Dated at , this day of , 20_ _. (Name of Bidder) By: Title: State of ) County of ) ) ss: , being duly sworn deposes and says that he is of and that the answers to the (Name of Organization) to the foregoing questions and all statements therein contained are true and correct. Signature Subscribed and sworn to before me this day of , 20 . Notary Public My commission expires , . GENERAL SPECIAL PROVISIONS CONTRACT 1087 Page 1 of 4 GENERAL SPECIAL PROVISIONS 1. SCOPE OF WORK The work covered by this contract consists of furnishing all labor, equipment, and materials and performing all operations, in connection with THE FY 2023 PREFABRICATED SHELTER, CONTRACT NO. 1087, as shown on the contract drawings and in accordance with these specifications. The contract drawings, which accompany and form a part of this contract and specifications are dated June 22, 2023. They have the general title of Conceptual Shelter (Attachment A) 2. CONFLICTING SPECIFICATIONS All requirements of other specifications contained in the contract documents, which conflict with the provisions of the special provisions will be considered void. 3. DUMPING AREAS Excess material resulting from construction operations shall be hauled to the County Landfill or other area secured by the Contractor and approved by the City Engineer. Rubble, rubbish, trees, brush, and other unsuitable backfill material, as designated by the City Engineer, shall be hauled to the County Landfill. All Landfill charges are to be considered incidental to the contract and are the responsibility of the Contractor. 4. CONSTRUCTION DAMAGE The Contractor shall exercise care during construction operations to ensure the safety and protection to existing features located near or within the limits of construction. Damage caused by negligence or poor workmanship, as determined by the Engineer, shall be considered the Contractor's responsibility. GENERAL SPECIAL PROVISIONS CONTRACT 1087 Page 2 of 4 5. REMOVED MATERIALS All materials removed as part of this Contract shall remain the property of the City unless the City determines that the materials are not salvageable and the City does not want to retain ownership of the materials. Materials designated in the field by the Engineer as nonsalvageable shall be hauled and disposed of by the Contractor at no cost to the City. All other materials shall be transported to loca tions as directed by the Engineer. No separate measurement or payment will be made for hauling or disposing of removed materials and it shall be considered incidental to applicable items. 6. OVERHAUL Overhaul will not be paid for "surplus material" obtained from any of the items of construction under this contract. The cost of overhaul will be considered as incidental to the items to which it applies. 7. MAILBOXES/STOP SIGNS The Contractor shall notify the United States Postal Department of mailboxes, which interfere with any part of the work before removing them, and the Contractor will relocate them as required by the Postmaster. The removal and replacement of mailboxes will not be considered for direct payment but will be considered incidental to the item to which it applies. The removal and replacement of stop signs will not be considered for direct payment but will be considered incidental to the item to which it applies. 8. PAY ITEMS All pay items are listed in the proposal and shall include the purchase of all materials, delivery of these materials, and furnishing all labor, plant and miscellaneous work needed to make the item complete. All such cost shall be incidental to the proposed item to which it applies and shall not be considered for separate payment. 9. BREAKDOWN OF LUMP SUM CONTRACT PRICE ITEMS The Contractor shall, immediately upon execution and delivery of the contract, before the first estimate for payment is made, deliver to the City Engineer a detailed estimate giving a complete breakdown of the lump sum contract prices. The submitted breakdown shall be approved by the City Engineer prior to any payment of any lump sum price item. 10. PERMISSION TO HAUL OVER STREETS, RAILROADS AND HIGHWAYS The Contractor will be required to secure, from the proper authorities, permission or permit which may be required to haul over streets, highways, railroads or private property, and any hauling operations of the Contractor shall be subject to the requirements of such permits, permission, and to all applicable regulations, laws, and ordinances governing hauling and movement of equipment over streets, railroads, highways and private property. Any costs or inconvenience caused by obtaining any necessary permits or permission shall be considered completely covered by the price bid for the items in the proposal. 11. CONSTRUCTION SCHEDULING The City Engineer shall approve Contractor's work schedule prior to starting. All revisions shall also be approved. The City Engineer may change the schedule to accommodate changing construction conditions. The Contractor shall coordinate the work under this contract with contractors performing work under other contracts which may be performed concurrently. GENERAL SPECIAL PROVISIONS CONTRACT 1087 Page 3 of 4 The Contractor shall be responsible to notify the Police, Fire, Street and Engineering Departments of the closing and opening of streets. The Contractor shall commence work within ten (10) days after receipt of the "Notice to Proceed" and diligently execute the work of the contract to completion. 12. PRE-CONSTRUCTION CONFERENCE Before any work is started, the Contractor shall arrange with the City Engineer to hold a pre -construction conference to discuss problems and schedules of contracts. 13. UNDERGROUND UTILITIES It is the responsibility of the Contractor to obtain the location of gas lines, water lines, electric, telephone, and cable television cables or wires from the various utility companies and the City electrician before starting any excavation. The Contractor shall be responsible for any damage to any underground utilities. The Contractor shall expose those utilities indicated on the plans so that elevations may be determined before beginning construction. This work shall be considered incidental to other items of work. If the Contractor believes that additional costs have been incurred due to a utility being improperly located, the resolution of the additional costs incurred shall be made between the Contractor and the respective utility company. 14. TRAFFIC SIGNS AND STREET SIGNS The Contractor shall contact the City of Waterloo Traffic Operations Department to have any street sign that will be affected by construction removed and replaced when the work has been completed. 15. TRAFFIC CONTROL DURING CONSTRUCTION The Contractor shall, at his own expense and without further or other order, provide, erect and maintain, at all times during the progress and suspension of the work and until completion and final acceptance thereof, suitable and requisite barricades, signs or other adequate protection, as required by the latest edition of Part VI of the “Manual on Uniform Traffic Control Devices” and shall provide, keep and maintain such barricades, signs, etc., as may be required or as may be ordered by the Engineer, to ensure the safety of the public as well as those engaged on the work. All barricading plans shall be reviewed by the Engineer. The Contractor shall determine, provide and obtain approval from the City Engineer on all detour locations for all street closings, barricades and posting prior to construction. These shall meet requirements of the City Police Traffic Department. The Contractor shall notify the City Engineer's Office and the Police, Fire and Street Departments when the street is closed for construction. All barricading shall be in accordance with the latest edition of Part VI of the "Manual on Uniform Traffic Control Devices." Encapsulated le ns sheeting is not required on this project. 16. GRADES, LINES, LEVELS AND SURVEYS All necessary grades, lines, levels and surveys shall be established and maintained by the Contractor. The Contractor shall verify all grades, lines, levels and dimensions as sown on the drawings, and he shall report any errors or inconsistencies in the same to the City Engineer before commencing work. 17. SAFETY OF WORKERS AND PUBLIC The Contractor shall, at all times, take necessary precautions to protect the life and health o f all persons employed on this project and the public. He shall provide necessary safety devices and safeguards in GENERAL SPECIAL PROVISIONS CONTRACT 1087 Page 4 of 4 accordance with latest and best accident prevention practices. All such protection shall be furnished to employees without cost. No direct measurement of payment shall be made for this protection but shall be considered incidental to other items of work. The public shall be kept outside of any work area. 18. WORKING ON SATURDAYS, SUNDAYS AND LEGAL HOLIDAYS The Contractor shall notify the Engineer in writing forty-eight (48) hours in advance if work on Saturday is planned. By noon the Friday before the planned Saturday work, the Contractor shall confirm the Saturday work schedule with the project inspector. Work on Sunday requires prior approval of the Engineer in accordance with the Waterloo Standard Specifications. The Contractor shall not work the following days in 2023 due to City holidays: o January 2, 2023 o January 16, 2023 o May 29, 2023 o June 9, 2023 o July 4, 2023 o September 4, 2023 o November 10, 2023 o November 23, 2023 o November 24, 2023 o December 25, 2023 o December 26, 2023 o January 1, 2024 GENERAL SPECS FOR CONSTRUCTION CONTRACT 1087 Page 1 of 10 GENERAL SPECIFICATIONS FOR CONSTRUCTION CITY OF WATERLOO, IOWA Department of Engineering SECTION A - Definitions of Terms SECTION B - Scope of work SECTION C - Control of Materials and Work SECTION D - Procedure and Progress SECTION E - Measurements and Payments SECTION F - Legal Relations and Responsibility SECTION A - DEFINITIONS OF TERMS 1. CITY. The City of Waterloo, Iowa, which is the Party of the First Part of the accompanying contract, acting through its authorized representative. 2. COUNCIL. The duly elected Council of the City of Waterloo, Iowa . 3. ENGINEER. The City Engineer of Waterloo, Iowa, or his authorized representative. 4. INSPECTOR. The authorized representative of the Engineer, assigned to the detailed inspection of the work or materials therefor and to such other duties as may be delegated to him in these specifications. 5. CONTRACTOR. The Party of the Second Part in the accompanying contract for the improvement covered by these specifications, or his authorized representative. 6. SUBCONTRACTOR. Any person, firm, or corporation who has, with the approval of the Council, contracted with the Contractor to execute and perform in his stead all or any part of the contract. 7. BIDDER. Any individual, firm, or corporation submitting a proposal for all, or a part of the work provided for in these specifications. 8. PROPOSAL GUARANTEE. The security designed in the Notice of Bidders or Proposal to be furnished by the bidder as a guarantee of good faith to enter into a contract and furnish an acceptable bond for the work contemplated if it be awarded him. 9. SURETY. The corporate body bound with and for the Contractor for the acceptable performance of the contract. 10. PROPOSAL. The written Proposal, submitted by the bidder in the prescribed manner and on the standard form, for the improvements covered by these specifications. 11. SPECIFICATIONS. The documents that set forth the manner in which the proposed work is to be accomplished which have been prepared by the Engineer and approved by the City Council, official copies of which are now on file with the City Clerk. 12. SPECIAL PROVISIONS. Clauses or memoranda not contained herein, appl ying to the contract of which these specifications are a part, which change or supplement these specifications. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1087 Page 2 of 10 13. CONTRACT. The agreement entered into between the City and the Contractor, setting forth the terms under which the work covered by the plans and specifications is to be performed. The contract includes all conditions, definitions, and instructions set forth in the official publications relating to the work, the official contract and specifications, the Proposal, official plans, and all supplemental agreements entered into by the parties to the contract. 14. NOTICE TO BIDDERS. The notice called attention of bidders to the time and place for receiving bids, containing a brief description of the work, and briefly setting forth the requirements and conditions for submission of Proposals. 15. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the information relative to the proposed work and requirements for the submission of Proposals. 16. PLANS. The plans for the improvement covered by the specifications and approved by the Council, official copies of which are on file with the City Clerk. 17. CONTRACT BOND. The bond executed by the Contractor and his surety in favor of the City of Waterloo, Iowa, guaranteeing the complete execution of the contract in accordance with the plans and specifications, the payment of all debts pertaining to the work, and maintenance of the work as provided by law or by the specifications. 18. CONTRACT PERIOD. The period from the specified date for beginning the work to the specified date of completion, both dates inclusive. The contract period may be extended by the Council, as provided in these specifications, in which event the contract period includes the new date of completion. 19. OFFICIAL PUBLICATIONS. The official publications are the formal resolutions and notices relative to the proposed improvement that are required by law to be published in a prescribed manner and that have actually been published in accordance with the statutes relating thereto. Attention is directed to the fact that these official publications are by statute vested with all of the force and effect of contract obligations. 20. A.S.T.M. Abbreviation for American Society for Testing Materials . 21. WORK. The term "Work" of the Contractor and Subcontractor includes labor or materials or both, equipment, transportation, or other facilities necessary to complete the contract. 22. TIME. All time limits stated in the contract documents are of the essence in the contract. SECTION B - SCOPE OF WORK 1. CORRELATION AND INTENT OF DOCUMENTS. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor, materials, equipment, and transportation necessary for the proper execution of the work. Materials or work described in words which, so applied, have a well-known technical or trade meaning shall be held to refer to such recognized standard. 2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided in the contract documents, the engineer shall furnish to the Contractor, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1087 Page 3 of 10 The Contractor shall keep one (1) copy of all drawings and specifications on the work available to the Engineer and to his representatives. 3. CONTRACTOR’S UNDERSTANDING. It is understood and agreed that the Contractor has, by careful examination, satisfied himself as to the nature, character and location of the work, the conformance to the ground, the character, quality, and quantity of the materials to be encountered, the character of the equipment and facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can, in any way, affect the work under this contract. No verbal agreement or conversation with any officer, agent, or employee of the City, either before or after the execution of the Contract, shall affect or modify any of the terms or obligations herein contained. 4. REPORTING ERRORS AND DISCREPANCIES. If the Contractor, in the course of the work, finds any discrepancies between the plans and the physical conditions of the locality, or any errors of omission in plans or in the layout as given by said stakes and instructions, it shall be his duty to inform the Engineer immediately, in writing, and the Engineer shall promptly correct the same. 5. ALTERATION OR CORRECTION OF PLANS. The plans are made up from surveys that are presumably correct and represent the foreseen construction requirements. Any modification of the plans which may be required by the exigencies of the construction or any corrections made necessary because of errors in the original surveys, will be made by the Engineer. Should corrections or modifications of the plans or specifications require a different quality or class of work than that upon which the unit prices in the Proposal are based, or if the modifications or corrections are required in parts of the work partially completed and such modifications result in an increased cost to the Contractor, the amount to be paid for work resulting from such changes shall be agreed upon in writing at the time the changes are ordered and before the work is begun by the Contractor. No allowance will be made for anticipated profits on work not performed. 6. CHANGES IN THE WORK. The City, without invalidating the contract, may order extra work or make changes by altering, adding to, or deducting from the work, the contract sum being adjusted by agreement or in accordance with the dispute resolution procedures identified herein such changed work is undertaken. All such work shall be executed under the conditions of the original contract, except that any claim for extension of time caused thereby shall be adjusted at the time of ordering such change . 7. INCREASED OR DECREASED QUANTITIES. The right is reserved without impairing the contract, to order the performance of such work of a class not contemplated in the Proposal or to increase or decrease the quantities as may be considered necessary to complete fully and satisfactorily the work included in the contract. However, when the work is completed without change in the plans, and the measured quantity of any item of work varies b y more than twenty percent (20%) from the estimated quantity specified in the contract, an adjustment in price may be made for such item of work by agreement between the Engineer and the Contractor, subject to the approval of the City Council. Party to the contract may request such an adjustment. 8. LANDS AND RIGHT OF WAY. The City shall provide the lands upon which the work under this contract is to be done, except that the Contractor shall provide land required for the erection of temporary construction facilities and storage of his material, together with the right of access to same. 9. CITY WATER. The Contractor shall be allowed to use City Water but before any water is used, he shall make application to the Waterloo Water Works for a temporary water connection from a fire hydrant or by some other connection method. Water usage will be charged at the rate for temporary water service. The rules, regulations, and water rates are available at GENERAL SPECS FOR CONSTRUCTION CONTRACT 1087 Page 4 of 10 the Waterloo Water Works offices at 325 Sycamore Street or their telephone number is 319 -232- 6280. 10. RIGHTS OF VARIOUS INTERESTS. Whenever work being done by the City’s forces or by other Contractors is contiguous to work covered by this contract, the respective rights of the various interests involved shall be established by the Engineer to secure the completion of the various portions of the work in general harmony. 11. CLOSING STREETS TO TRAFFIC. The Engineer shall be the judge of how many streets or parts of streets it is necessary for the Contractor to close at any time and may refuse to permit the closing of additional streets until such of the work is finished and opened to traffic as he may direct. 12. OBSTRUCTION OF STREETS. The work is to be carried on in such manner as to obstruct the streets, highways, and alleys as little as possible. The Contractor shall carry on the different parts of the work so as to complete the whole, as nearly as practicable, at the same time. In doing the work, the Contractor shall follow the directions of the Engineer as to the place or places where work shall be started or be carried on and the direction in which it shall be done. 13. SHANTIES AND BUILDINGS. Shanties or other buildings shall not be erected in or upon any street, highway, or alley without permission of the Engineer. If such permission be granted, it may be upon any reasonable terms prescribed by the person or body granting such permission. 14. SANITARY CONVENIENCES. The Contractor shall furnish the necessary sanitary conveniences, properly secluded, for the laborers on the work, and these shall be maintained in a manner that will be inoffensive to the public. 15. CLEANING UP. The Contractor shall, as directed by the Engineer, remove from the City’s property and from all public and private property, at his own expense, all temporary structures, rubbish, and waste materials resulting from his operations before work can be considered completed. The Contractor shall also renew or replace any and all fences, sidewalks, or other property damaged or disturbed by his work. 16. OMISSION OF PARTS OF GENERAL SPECIFICATIONS. Parts of the General Specifications deemed not to apply to some particular work may be omitted by special reference in other parts of the contract documents. SECTION C - CONTROL OF MATERIALS AND WORK 1. SUPERVISION AND INSPECTION. The Engineer shall have supervision of the construction provided for in this Contract and shall decide any and all questions which may arise as to the quality and acceptability of materials furnished, work performed, manner of performance, rate of progress on the work, and all questions regarding the acceptable fulfillment of the terms of the Contract. Materials and construction work shall, at all times, be subject to the inspection of the Engineer or his representatives. The Contractor shall be held strictly to the true intent of these specifications as regards the quality of materials, workmanship, and the diligent prosecution of the work. The Engineer and his representatives shall, at all times, have access to the work wherever it is in preparation of progress, and the Contractor shall provide proper facilities for such access and for inspection. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1087 Page 5 of 10 If the specifications, the Engineer’s instructions, law ordinances, or any public authority require any work and/or materials to be especially tested or approved, the Contractor shall give the Engineer timely notice of readiness for inspection. If the inspection is to be made by authority other than the Engineer, the Contract or shall notify the engineer of the date fixed for inspection. Inspections by the Engineer will be promptly made and, where practicable, at the source of supply. If any work should be covered up without the approval or consent of the Engineer, it must, if required by the Engineer, be uncovered for examination at the Contractor’s expense. Re-examination of questioned work may be ordered by the Engineer, and, if so ordered, the work must be uncovered by the Contractor. If such work be found in accordance with the Contract, the City shall pay the cost of re-examination and replacement. If such work be found not in accordance with the Contract, the Contractor shall pay such cost unless he shall show that the defect in the work was caused by another Contractor, and, in that event, the City shall pay the cost. 2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may be stationed on the work to report to the Engineer as to the progress of the work and the manner in which it is being performed; also, to report whenever it appears that materials furnished and work performed by the Contractor fail to fulfill the requirements of the specifications and Contract, and to direct the attention of the Contractor to such failure or infringement; but such inspection shall not relieve the Contractor from any obligations to furnish acceptable materials or to provide completed construction that is satisfactory in every particular. In case of any dispute arising between the Inspector and the Contractor as to materials furnished or the manner of performing the work, the Inspector shall have the authority to reject materials or suspend the work until the question at issue can be referr ed to and decided by the Engineer. Inspectors are not authorized to revoke, alter, enlarge, relax, or release any requirements of these specifications. The Inspector shall, in no case, act as foreman or perform other duties for the Contractor, or interfere with the management of the work by the latter. 3. STATUS OF THE ENGINEER. The Engineer shall have general supervision and direction of the work. He has authority to stop the work whenever such stoppage may be necessary to insure the proper execution of the Contract. He shall also have authority to reject any work and/or materials which do not conform to the specifications, to direct the application of forces to any portion of the work as, in his judgment, is required, and to order the forc e increased or diminished, and to decide questions which arise in the execution of the work. 4. ENGINEER’S DECISIONS. The Engineer shall, within a reasonable time, make decisions on all claims of the Contractor and on all other matters relating to the execution and progress of the work or the interpretation of the contract documents. All such decisions of the Engineer shall be final except as to the element of time and financial consideration involved, which, if no agreement in regard thereto is reached, shall be subject to the dispute resolution procedures identified herein . 5. STAKES AND INSTRUCTIONS. The Contractor shall provide reasonable and necessary opportunities and facilities for setting stakes and making measurements. The Contractor shall not furnish stakes or men to set them. He shall not proceed until he has received from the Engineer such stakes and instructions as may be necessary to the progress of the work. The Contractor shall carefully preserve bench marks, reference points, and stakes, and in case of willful or careless destruction, he shall be charged with the resulting extra expense and shall be responsible for any mistakes that may be caused, by their l oss or disturbance. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1087 Page 6 of 10 6. SUPERINTENDENCE. The Contractor shall keep on his work during its progress a competent superintendent and any necessary assistants, all satisfactory to the Engineer. The Superintendent shall not be changed except with the consent of the Engineer, unless the Superintendent proves to be unsatisfactory to the Contractor and ceases to be in his employ. The Superintendent shall represent the Contractor in his absence, and all directions given to him shall be as binding as if given to the Contractor. Important decisions shall be confirmed in writing to the Contractor. Other directions shall be so confirmed on written request in each case. The Contractor shall give efficient supervision to the work using his best skill and attention. He shall carefully study and compare all drawings, specifications, and other instructions, and shall report at once to the Engineer any error, inconsistency, or omission which he may discover. 7. REMOVAL OF UNAUTHORIZED WORK . Work done without lines and grade being give, work done beyond lines shown on the plans or as given, except as herein provided, or any extra or additional work done without authority, will be considered as unauthorized and at the expense of the Contractor and will not be paid for under the provisions of the Contract. Work so done may be ordered removed and replaced at the Contractor’s expense. 8. REMOVAL OF DEFECTIVE MATERIALS OR WORK. The Contractor shall promptly remove from the premises all materials condemned by the engineer as failing to conform to the Contract; whether incorporated in the work or not, and the Contractor shall promptly replace and re-execute his own work in accordance with the contract and without expense to the City, and shall bear the expense of making good all work of other Contractors destroye d or damaged by such removal or replacement. If the Contractor does not remove such condemned work and materials within a reasonable time, fixed by written notice, the City may remove them and may store the material at the expense of the Contractor. If the Contractor does not pay the expense of such removal within a reasonable time thereafter, the City may, upon ten (10) days’ written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expense that should have been borne by the Contractor; or, if the net proceeds of such sale are insufficient to pay the expenses of removal, the City may deduct the balance from any amounts due the Contractor. 9. MATERIALS, EQUIPMENT, APPLIANCES, AND FACILITIES. Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation, and other facilities necessary for the execution and completion of the work. Materials shall be of the quality specified for each particular part of the work. Whenever, in construction of the work or in the manufacture of any article of appliance necessary for the construction or operation of the work, it is necessary to use any material that is not fully specified in these specifications, it shall be of good quality and shall meet with the approval of the Engineer. Any appliance that is necessary for the construction or operation of the work and is commonly recognized as a part of the work, shall be furnished by the Contractor as part of the work, whether or not it is specifically called for in the plans and specifications, and such appliance shall be of good quality and standard make and shall meet with the approval of the Engineer. 10. MATERIAL SAMPLES. Before the contract is awarded, the bidder may be required to furnish a statement of the origin, composition, and manufacture of any and all materials proposed for use in the performance of the Contract, together with samples of the material. These samples will be considered as representative and typical of the material to be obtained from any particular source. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1087 Page 7 of 10 11. CHARACTER OF WORKMEN AND EQUIPMENT. The Contractor shall employ competent and efficient workmen for every kind of work. Any person employed on the work who shall refuse or neglect to obey the directions of the engineer or Inspector, or who shall be deemed incompetent or disorderly, or who shall commit trespass upon public or private property in the vicinity of the work, shall be dismissed when the Engineer so orders, and shall not be re-employed unless express permission be given by the Engineer. The Contractor shall, at all times, enforce discipline and good order among his employees. The methods, equipment, and appliances used on the work, and the labor employed, shall be such as will produce a satisfactory quality of work and shall be adequate to complete the contract within the specified time limit. 12. HIRING CITY EMPLOYEES. The Contractor shall not employ and hire any of the City’s employees without the permission of the Engineer. 13. LABOR. Local labor shall be given preferences so far as practicable. 14. THE CITY’S RIGHT TO DO WORK. If the Contractor should neglect to prosecute the work properly or fail to perform any provision of this Contract, the City of Waterloo, after three (3) days’ written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and m ay deduct the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the Engineer shall approve both such action and the amount charged to the Contractor. SECTION D - PROCEDURE AND PROGRESS 1. ORDER OF COMPLETION - USE OF COMPLETED PORTIONS. The Contractor shall complete any portion or portions of the work in such order or time as the Engineer may require. The City shall have the right to take possession of a use completed or partially completed portion of the work at any time, but such taking possession and use shall not be deemed an acceptance of work so taken or used, or any part thereof. If such prior use increases the cost of or delays the work, the Contractor shall be entitled to such extra compensa tion or extension of time, or both, as the Engineer may determine. 2. WEATHER. During stormy or inclement weather, all work shall be suspended, except such as can be done in an acceptable manner. Permission to work during freezing, stormy, or inclement weather shall in no way be construed as a release of the Contractor’s responsibility regarding the quality of the finished work at such time. 3. SUNDAYS AND LEGAL HOLIDAYS. Except for such work as may be required to properly maintain or protect completed or partially completed construction or to maintain lights and barricades, no work will be permitted on Sundays or legal holidays without specific permission of the Engineer. 4. DELAYS AND EXTENSION OF TIME. If the Contractor be delayed in the completion of the work by an act of neglect of the City, or its employees; or by any other Contractor employed by the City; or by changes ordered in the work; or by strikes, lockouts, fire, unusual delays in transportation, unavoidable casualties, or any cause beyond the Contractor’s control; or by delay authorized by the Engineer pending dispute resolution procedures; or by any cause which the Engineer shall decide justifies the delay, then the time of completion shall be extended for such reasonable time as the Engineer may decide will compensate for such delay. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1087 Page 8 of 10 No such extension shall be made for delay occurring more than thirty (30) days before claim therefor is made in writing to the Engineer. In the case of a continuing cause of delay, only one claim is necessary. This article does not exclude the recovery of damages for delay by either party under provisions in the contract documents. 5. TEMPORARY SUSPENSION OF WORK. The Engineer shall have authority to suspend the work, wholly or in part, for such period or periods of time as he may deem necessary, due to unsuitable weather or such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as is necessary due to the failure to the Contractor to carry out orders given or to perform any or all provisions of the Contract. 6. NOTICES - HOW SERVED. Any notice to be given by the City to the Contractor under this contract shall be deemed to be served if the same be delivered to the man in charge of any office used by the Contractor or his foreman or agent at or near the work, or deposited in the post office, postpaid, addressed to the Contra ctor at his last known place of business. 7. PROGRESS OF WORK. The progress of the work shall be such that, at the expiration of one -fourth (1/4) of the contract period, one -eighth (1/8) of the work shall be completed; at the expiration of one-half (1/2) of the contract period, three-eighths (3/8) of the work shall be completed; at the expiration of three-fourths (3/4) of the contract period, the work shall be three-fourths (3/4) completed, and the whole work shall be completed at the expiration of the contract period. If, at any time the above schedule is not being maintained, the Council may give written notice to the Contractor and his sureties that the specifications are not being complied with. Such notice shall state what action on the part of the Contractor is required to bring the work within the requirements of the specifications. If the Contractor fails, within ten (10) days, to proceed as directed in the said notice, then the Council shall have authority to annul this contract without process or action at law a nd take over the prosecution and completion of the work, as provided under the article covering City’s right to terminate contract. 8. CITY’S RIGHT TO TERMINATE CONTRACT. If the Contractor should be adjudged a bankrupt; or if he should make a general assignment for the benefit of this creditor; or if a Receiver should be appointed on account of his insolvency; or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough skilled workmen or proper materials; or if he should fail to make prompt payment to Subcontractors or for materials or labor; or if he should persistently disregard laws, ordinances, or the instructions of the Engineer; or if he should otherwise be guilty of a substantial violation of any provision of the contract, then the City, upon the certificate of the Engineer that sufficient cause exists to justify such action, may, without prejudice to any other rights or remedy, and after giving the Contractor seven (7) days’ written notice, terminate the employment of the Contractor and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such cases, the Contractor sh all not be entitled to receive any further payment until the work is finished. If the unpaid balance of the contract price shall exceed the expenses of finishing the work, including compensation for additional managerial and administration services, such excess shall be paid to the Contractor. If such expense of finishing the work shall exceed such unpaid balance, the Contractor shall pay the difference to the City. The expense incurred by the City as herein provided and the damage incurred through the Co ntractor’s default shall be certified by the Engineer. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1087 Page 9 of 10 9. REMOVAL OF EQUIPMENT. In the case of annulment of this contract before completion, from any cause whatsoever, the Contractor, if notified to do so by the City; shall promptly remove any part or all of his equipment and supplies from the property of the City, failing which, the City shall have the right to remove such equipment and supplies at the expense of the Contractor. SECTION E - MEASUREMENTS AND PAYMENT 1. STANDARD OF MEASUREMENT. All work completed under the contract shall be measured by the Engineer according to the United States standard measures. 2. SCOPE OF PAYMENTS. The Engineer’s measurements of quantities shall be the basis for final payment for the work performed under this Contract. After the work is completed, the Engineer will make measurements and computations of the number of units of each of the various items of work completed, and the Contractor will be paid for the actual amount of work performed at the rates specified in his Proposal. Before final settlement is made, the Council may require the Contractor to submit a list of all persons furnishing labor or materials, with evidence that such persons have been paid in full. Payment shall be made in the manner set forth in official publications and Council Proceedings relative thereto. 3. PAYMENT FOR EXTRA WORK. Such extra work as may have been ordered by the Engineer and performed by the Contractor shall be compensated for as provided herein. If work is to be done or materials are to be furnished by the Contractor which cannot properly be classified under unit prices included in the Proposal, the Contractor shall be paid therefor the actual reasonable cost of the labor and materials entering permanently in such wor k, plus fifteen percent (15%) of the cost thereof. In computing the labor cost on such extra work, the following items shall be included: (a) Actual payroll expenditures for labor at the current rate therefor, and cost of materials. (b) Pay of foreman and timekeepers for actual time required on the extra work. (c) Liability insurance, prorated, for the extra work . Labor cost items on extra work shall be furnished in duplicate by the Contractor to the Inspector daily. The Inspector shall check the items, and if he finds them to be correct, he shall so certify on the statement of cost, returning one copy to the Contractor and filing one copy with the Engineer. The Engineer shall determine the cost of materials entering into extra work from the materials and receipted freight bills for the same. For any special machine, power tools, or equipment, including fuel and lubricants, but not including small hand tools, which may be deemed necessary or desirable to use, the Contractor shall be allowed a reasonable rental thereon, to be agreed upon in writing by the Engineer before such work is begun, and to which sum no percentage is to be added. The item of cost shall not include repairs or replacement of equipment or overhead expenses of any character. The fifteen percent (15%) allowed is considered to cover the use of hand tools and all overhead expenses except liability insurance. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1087 In no case will a claim for extra compensation be allowed unless the work upon which the claim is based has been ordered in writing, except as provided hereinafter. 4. CLAIMS FOR EXTRA COST. If the Contractor claims that any instructions, by drawings or otherwise, involved extra cost under this contract, he shall give the Engineer written notice thereof within ten (10) days after completion of the work. No such claim shall be valid unless so made. 5. CLAIMS FOR EXTRA COMPENSATION. If the Contractor deems that extra compensation is due him for work and/or materials that he considered is not clearly covered in the items for which he submitted unit prices in his bid and that were not ordered in writing by the Engineer as an extra heretofore provided, the Contractor shall notify the Engineer, in writing, of his intention to make claim for extra compensation for work and/or material before starting construction. If such written notification is not given or the Engineer is not af forded proper facilities by the Contractor for keeping strict account of actual cost as defined herein, then the Contractor hereby agrees to waive the claim for extra compensation. Such notice to the engineer and the fact that the Engineer has kept account of cost as aforesaid, shall not in any way be construed as proving the validity of the claim, which must be passed upon by the Council. In the event that the Council finds the claim to be just, it shall be allowed and paid for as extra work as provided herein. 6. COMPLETION REPORT AND OBJECTIONS THERETO. Within ten (10) days after the full completion of the work to be done under this contract, the Engineer shall make a written statement of all the work done by the Contractor hereunder, stating the q uantity of each item as found by him and including a statement of all credits for extra work and all credits or debits for changes, alterations, omissions, and defects, and shall forthwith deliver a copy of such statement to the Contractor. The Contractor shall compare such statement with his own records and shall then, in writing, either approve such statement or point out any claimed errors or omissions. If any of such claims are found correct, the Engineer shall, within ten (10) days, prepare a new statement, a copy of which shall in like manner be delivered unto the Contractor. The Engineer will not file a formal completion report with the City until the Contractor has approved the same. If the figures of the Engineer and the Contractor cannot be reconciled, or there is a difference of opinion regarding some item or items, then such difference of opinion shall be submitted to the dispute resolution procedures as hereinafter provided, and such resulting decision shall be final, and the Engineer shall, within a period of five (5) days thereafter, file his completion report. Before action by the City Council upon such completion report, the Contractor shall also file a written statement of any claims he may have against the City, other than those shown by such completion report, growing out of this contract or the work done hereunder. The City shall retain five percent (5%) of the amount due the Contractor on the completion report for a perio d of thirty (30) days. If no claims are filed against the Contractor within thirty (30) days, the final five percent (5%) shall then be paid to the Contractor. 7. WAIVER. By the execution of this contract ,the Contractor agrees that any objections he may have to the statement of the amount of work done hereunder included by the Engineer in this completion report, and any claims of the Contractor against the City growing out of this contract and the work done hereunder which are not stated in writing in the manner and within the time provided in Section E hereof, shall be waived, and no such claim shall thereafter be asserted against the City. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1087 SECTION F - LEGAL RELATIONS AND RESPONSIBILITIES 1. LAWS RELATING TO WORK. The Contractor is presumed to be familiar with all laws, ordinances, and regulations which may, in any manner, affect those engaged or employed upon the work or the materials or equipment used in or upon the work, and shall conduct the work so as not to conflict with such laws, ordinances, and regulations. 2. PROTECTION OF WORK AND PROPERTY. The Contractor for any part of the improvement shall be held responsible for the care of materials and of partially completed an d completed work until final acceptance of the same by the Council. He will be required to make good at his own expense any damage which the work may sustain from any cause prior to the filing of the engineer’s certificate of completion. He shall take all risk from floods and casualties of every description and make no charge for delay due to such cause. He may, however, be allowed a reasonable extension of time on account of such delays. He shall correct or make good at his own expense all damages to adjacent property due to the acts or negligence of his employees of the prosecution of his work, and save the City harmless therefor. The Contractor shall be held liable and responsible for all damages done to water, sew er, drain, or other underground pipes and structures, and to sidewalks and private property. 3. RESPONSIBILITY FOR ACCIDENTS. The Contractor shall assume full responsibility for all damages sustained by persons or property due to the carrying on of his work until final acceptance thereof, or until released by the Engineer in writing. 4. LIABILITY INSURANCE. The Contractor shall carry liability insurance which shall save the City harmless and protect the public and any person from injury sustained by the reason of the prosecution of the work or the handling or storing of materials therefor and said Contractor shall also carry liability insurance which shall meet the requirements of the Iowa Worker’s Compensation Law. Before work shall be started on this contract, the Contractor shall furnish the City Clerk with proper affidavit or Affidavits executed by representatives of duly qualified insurance companies, evidencing that said insurance company or companies have issued liability insurance policies, effective during the life of the contract, or for a period of a least ten (10) days following the filing of written notice of cancellation, protecting the public and any person from injuries or damages sustained by reason of carrying on the work involved in the Contract. The affidavit shall specifically evidence the following forms of insurance protection: (a) Public liability insurance covering all operations performed by persons directly employed by the Contractor. (b) Public liability insurance covering all operations performed by any Subcontractor to whom a portion of the work may have been assigned. (c) Public liability insurance covering all work upon the project performed by any independent Contractor working under the direction of either the principal Contractor or a Subcontractor. (d) Motor vehicle bodily injury liability insurance and property damage liability insurance on all motor vehicles employed on the work, whether owned by the Contractor or by other persons, firms, or corporations. (e) The minimum protection shall be as follows: GENERAL SPECS FOR CONSTRUCTION CONTRACT 1087 Comprehensive General Liability Insurance General Aggregate Limit $ 5,000,000.00 Products—Completed Operations Aggregate Limit $ 5,000,000.00 Each Occurrence Limit $ 5,000,000.00 Comprehensive Automobile Liability Insurance $ 1,000,000.00 The Contractor shall have the City of Waterloo, Iowa, named as an "Additional Named Insured" and it must be stated on the certificate. Coverage shall be written on a primary and non- contributory basis and shall include a waiver of subrogation in favor of the City of Waterloo. A certificate, or a policy if requested, shall be filed with the Owner. All certificates and/or policies of insurance furnished by the Contractor to be filed with the City Clerk shall include the name and address of the agency issuing the same. It shall also be required that the City Clerk be notified by registered mail of the cancellation or expiration of the above insurance. To the fullest extent permitted by law the Contractor shall defend, indemnify, and hold harmless the City and the Engineer and their agents, representatives, officers and employees (“Indemnitees”) from and against all claims, damages, losses and expenses, including but not limited to attorneys’ fees, arising out of or resulting from or in connection with the performance of the Work, provided that any such claim, damage, loss or expense is caused in whol e or in part by any act or omission of the Contractor, anyone directly or indirectly employed by it or anyone for whose acts any of them may be liable. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity or contribution which would otherwise exist as to any party or person described in the Contract Documents. In any and all claims against the Owner or Engineer or any of their agents, officers or employees by any employee of the Contractor, any Subcontractor, any person directly or indirectly employed by any of them or anyone for whose acts may be liable, the indemnification obligation under this Subsection 4 shall not be limited in any way by any limitation on the amount or type of damag es, compensation or benefits payable by or for the Contractor or any Subcontractor under workers’ compensation acts, disability benefit acts or other employee benefit acts. All policies shall be in form and with insurance carriers acceptable to the City of Waterloo. Each such policy shall provide that thirty (30) days’ prior written notice of cancellation must be given to City before cancellation of the policy will be effective. Contractor will take all steps required to prevent all such insurance from lapsing or being canceled. 5. BARRICADES AND SIGNS. The Contractor shall, at his own expense and without further or other order, provide, erect, and maintain, at all times during the progress and suspension of the work and until completion and final acceptan ce thereof, suitable and requisite barricades, signs, or other adequate protection, as required by the latest edition of the "Iowa Manual on Uniform Traffic Control Devices for Streets and Highways" and shall provide, keep, and maintain such barricades, signs, etc., as may be required or as may be ordered by the City Engineer, to insure the safety of the public as well as those engaged on the work. All barricading plans shall be approved by the City Engineer. 6. ROYALTIES AND PATENTS. The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the City harmless from loss on account thereof, except that the City shall be responsible for all such GENERAL SPECS FOR CONSTRUCTION CONTRACT 1087 loss when a particular process or the product of a particular manufacturer is specified. 7. PERMITS AND REGULATIONS. Permits and licenses of a temporary nature for the prosecution of the work shall be secured and paid for by the Contractor. Permits, license, and easements for permanent changes in existing facilities shall be secured and paid for by the City. 8. CLAIMS FOR DAMAGES. Any claim for damages arising under this Contract shall be made in writing to the party liable within a reasonable time of the first observance of such damage and no later than the time of final payment, except as expressly stipulated otherwise in the case of faulty work or materials and shall be adjusted by agreement or by dispute resolution procedures as identified herein. The Contractor shall be held for the payment of all just claims against him arising out of the prosecution of this contract, and his bond will not be released until such claims are paid or dismissed. 9. ASSIGNMENT OF CONTRACT. The Contractor shall not sell or assign the contract or sublet any portion of the work provided for therein without the written consent of the City Council. 10. SUBCONTRACTORS. The Contractor shall, as soon as practicable after the signature of the contract, notify the Engineer in writing of the names of the Subcontractors proposed for the work and shall not employ any that the Engineer may, within a reasonable time, object to as incompetent or unfit. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1087 The Contractor agrees that he is as fully responsible to the City for the acts and omission of his Subcontractors and of persons either directly or indirectly employed by them as he is for the acts and omissions of persons directly employed by him. Nothing contained in the contract documents shall create any contractual relation between any Subcontractor and the City. 11. DISPUTE RESOLUTION PROCEDURES. The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise, shall be administered in accordance with Iowa Code Chapter 679C, as amended. A request for mediation shall be made in writing and delivered to the other party to the Contract. The request may be made concurrently with the filing of binding dispute resolution proceedings but, in such event, mediation shall proceed in advance of binding dispute resolution proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. The parties shall share the mediator’s fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. For any dispute not resolved by mediation, the method of binding dispute resolution shall be litigation in the Iowa District Court for Black Hawk County. In the event the City should prevail in any legal proceedings arising out of the performance or non- performance of this Contract, the Contractor shall pay, in addition to any damages, all expenses of such action including reasonable attorney's fees, all expert witness fees, costs, and litigation expenses incurred by the City, including those incurred on appeal. The terms “costs and expenses” are not limited to the costs and expenses traditionally taxed as court costs. The term “legal proceedings” shall be deemed to include any arbitration, administrative proceedings, and all appeals from any and all of the foregoing. 12. PERFORMANCE AND PAYMENT BONDS. The Contractor shall, at the time of execution and delivery of this contract and before the taking effect of same, furnish and deliver to the City written bonds of indemnity to the amount required by law in form and substance, and with GENERAL SPECS FOR CONSTRUCTION CONTRACT 1087 surety thereon satisfactory and acceptable to the City, to insure the faithful performance and payment by the Contractor of all the covenants and agreements on the part of the Contractor contained in this contract. These bonds shall remain in force and effect for the full amount of the Contract . These bonds shall remain in force and effect for the full amount of the Contract. The Contractor shall further provide a maintenance bond guaranteeing the maintenance of the contract improvements for a period of two (2) years from and after completion of said improvements and their acceptance by the City. 13. PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of the provisions of the Contract or in exercising any power or authority granted him thereby, there shall be no liability upon the Engineer or his authorized assistants, either personally or as an official of the City, it being understood that in such matters he acts as the agent and representative of the City. 14. JURISDICTION. Any action in Court against the Contractor or sureties on his bond because of damages to property or individuals by said Cont ractor or his workmen, or because of the violation of any provisions of the specifications, or on account of the failure of said Contractor to comply fully with these provisions, shall be brought in the District Court of the State of Iowa in and for Black Hawk County. 15. TERMINATION OF RESPONSIBILITY . The Contract shall be considered as completed and the Contractor released from further obligations except as to the requirements of his bond, after the work has been completed and finally accepted and final estimates have been allowed and the completion report of the engineer has been filed and approved by the Council. 16. CITY’S LEGAL RIGHTS. The City shall not be precluded by any measurements, estimate, or certificate made, either before or after the completion and acceptance of the work and payment therefor, from showing the true amount and character of the work performed and materials furnished by the Contractor, or from showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or the work or materials do not, in fact, conform to the Contract. The City shall not be precluded, notwithstanding any such measurements, estimate, or certificate and payment in accordance therewith, from recovering from the Contractor and his surety such damages as it may sustain by reason of his failure to comply with the terms of the Contract. Neither the acceptance by the City or any of its representatives, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, nor any possession taken by the City, shall operate as a waiver on any portion of the contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the contract shall not be held to be a waiver of any other or subsequent breach. SUPPLEMENTAL GENERAL SPECIFICATIONS FOR CONSTRUCTION 1. SUBCONTRACTS The contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to require compliance by each subcontractor with the applicable provisions of the contract for the improvements embraced in this contract. 2. REVIEW BY THE CITY OF WATERLOO The City of Waterloo, its authorized representatives and agents, shall at all times have access to and be permitted to observe and review all work, materials, equipment, payrolls, personnel records, employment conditions, material invoices, and other relevant data and records pertaining to this contract, provided, however, that all instructions and approval with respect to the work will be given to the contractor only by the City of Waterloo through its authorized representative or agents. 3. INSPECTION a. The contractor shall furnish promptly all materials reasonably necessary for any tests, which may be required. All tests by the City of Waterloo will be performed in such manner as not to delay the work unnecessarily and will be made in accordance with the provisions of the Technical Specifications. b. Inspection of materials and appurtenances to be incorporated in the improvements embraced in this contract may be made at the place of production, manufacture or shipment, whenever the quantity justifies it, and such inspection and acceptance, unless otherwise stated in the Technical Specifications, shall be final, except as regards (1) latent defects, (2) departures from specific requirements of the contract, (3) damage or loss in transit, or (4) fraud or such gross mistakes as amount to fraud. Subject to the requirements contained in the preceding sent ence, the inspection of materials as a whole or in part will be made at the project site. 4. WARRANTY OF TITLE No material, supplies, or equipment to be installed or furnished under this contract shall be purchased subject to any chattel mortgage or under a conditional sale, lease-purchase or other agreement by which an interest therein or in any part thereof is retained by the seller or supplier. The contractor shall warrant good title to all materials, supplies, and equipment installed or incorporated in the work and upon completion of all work, shall deliver the same together with all improvements and appurtenances constructed or placed thereon by him to the City of Waterloo free from any claims, liens, or charges. Neither the contractor nor any person, firm, or corporation furnishing any material or labor for any work covered by this contract shall have any right to a lien upon any improvement or appurtenance thereon. Nothing contained in this paragraph, however, shall defeat or impair the right of persons furnishing materials or labor to recover under any bond given by the contractor for their protection or any rights under any law permitting such persons to look to funds due the contractor in the hands of the City of Waterloo. The provisions of this paragraph shall be inserted in all subcontracts and material contracts and notice of its provisions shall be given to all persons furnishing materials for the work when no formal contract is entered into for such materials. SUPP GEN SPECS FOR CONSTRUCTION Page 1 of 1 FORM OF CONTRACT Page 1 of 4 FORM OF CONTRACT FOR THE CONSTRUCTION OF FY 2023 PREFABRICATED SHELTER CITY OF WATERLOO, IOWA CONTRACT NO. 1087 This contract made and entered into this day of , 20 , by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and of, , (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the FY 2023 Prefabricated Shelter , and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanship like manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. PAR. 2 The term “Contract” means and includes the following: A. Notice of Public Hearing B. Notice to Bidders C. Instructions to Bidders D. Proposal E. Bid Bond F. Contract G. Performance Bond H. Payment Bond I. Maintenance Bond J. General Specifications for Construction K. Notice to Proceed L. Conceptual Shelter Layout A M. Equipment Rack Elevations N. Estimated Power and Cooling Specifications O. Site Location P. Kohler Genset Specs Q. Prefabrications Data Center Bid Specs It is expressly understood and agreed that in addition to the documents listed above, the Contract includes any engineering data which may be furnished by the Contractor and approved by the City, together with such additional Drawings which may be furnished by the Engineer from time to time as are necessary to make clear and to define in greater detail the intent of the Plans and Specifications. That several parts of the Contract are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the Contract is to include the furnishing of all materials, labor, tools, equipment and supplies necessary for completion of the contract obligations. Materials FORM OF CONTRACT Page 2 of 4 or work described in words which so applied have a well-known technical or trade meaning shall be held to refer to such recognized standards. In the event of a conflict between any of the contract documents, the Contractor is to provide the greater quantity and/or better quality, unless otherwise directed in writing by the City or Engineer. PAR. 3 The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. PAR. 4 The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of “Notice to Proceed" and complete it on or before March 1, 2024 , unless an extension of time is granted in writing by the Council of the City. If the work is not completed within the specified contract period, plus authorized extensions, the Contractor shall pay to the City Liquidated Damages in the amount of one thousand dollars ($1,000.00) per day, for each day, as further described herein, in excess of the authorized time. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the FORM OF CONTRACT Page 3 of 4 City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. PAR. 8 The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. PAR. 9 The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the City Engineer. PAR. 11 The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. PAR. 12 The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. PAR. 13 The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council and is by reference made a part of this contract. PAR. 14 The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. PAR. 15 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Bidders, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. FORM OF CONTRACT Page 4 of 4 PAR. 16 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $ . PAR. 17 After the completion of said work, the Contractor agrees to remove all debris and clean-up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. PAR. 18 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. PAR. 19 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. PAR. 21 The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. CITY OF WATERLOO, IOWA Mayor City Clerk Contractor BY: Title: Approved by the City Council of the City of Waterloo, Iowa, this day of , 20 . ATTEST: , City Clerk Waterloo, Iowa SURETY BOND NO. PERFORMANCE, PAYMENT, AND MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: That we, __________________________________________________________________, as Principal (hereinafter the “Contractor” or “Principal” and ____________________________________________, as Surety are held and firmly bound unto __________________________________________________ , as Obligee (hereinafter referred to as “the Jurisdiction”), and to all persons who may be injured by any breach of any of the conditions of this Bond in the penal sum of ____________________________________________________________________________________ dollars ($____________________), lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, legal representatives and assigns, jointly or severally, firmly by these presents. The conditions of the above obligations are such that whereas said Contractor entered into a contract with the Jurisdiction, bearing date the _______ day of ___________________, _________, hereinafter the “Contract”) wherein said Contractor undertakes and agrees to construct the following described improvements: 2023 PREFABRICATED SHELTER, CONTRACT NO. 1087 The City of Waterloo (Owner) is seeking bids from contractors who can supply and install a prefabricated concrete communication shelter that will securely house the network equipment, power systems, and supporting environmental components required to operate the Waterloo Fiber FTTU network for the Owner (the Project). The shelter will be located at Fire Station 6, 3233 Ansborough Ave, Waterloo, IA 50701 (See Attachment D – Site Location). (CON’T – PERFORMANCE, PAYMENT, AND MAINTENANCE BOND) and to faithfully perform all the terms and requirements of said Contract within the time therein specified, in a good and workmanlike manner, and in accordance with the Contract Documents. It is expressly understood and agreed by the Contractor and Surety in this bond that the following provisions are a part of this Bond and are binding upon said Contractor and Surety, to-wit: 1. PERFORMANCE: The Contractor shall well and faithfully observe, perform, fulfill, and abide by each and every covenant, condition, and part of said Contract and Contract Documents, by reference made a part hereof, for the above referenced improvements, and shall indemnify and save harmless the Jurisdiction from all outlay and expense incurred by the Jurisdiction by reason of the Contractor’s default of failure to perform as required. The Contractor shall also be responsible for the default or failure to perform as required under the Contract and Contract Documents by all its subcontractors, suppliers, agents, or employees furnishing materials or providing labor in the performance of the Contract. 2. PAYMENT: The Contractor and the Surety on this Bond hereby agreed to pay all just claims submitted by persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the performance of the Contract on account of which this Bond is given, including but not limited to claims for all amounts due for labor, materials, lubricants, oil, gasoline, repairs on machinery, equipment, and tools, consumed or used by the Contractor or any subcontractor, wherein the same are not satisfied out of the portion of the contract price the Jurisdiction is required to retain until completion of the improvement, but the Contractor and Surety shall not be liable to said persons, firms, or corporations unless the claims of said claimants against said portion of the contract price shall have been established as provided by law. The Contractor and Surety hereby bind themselves to the obligations and conditions set forth in Chapter 573 of the Iowa Code, which by this reference is made a part hereof as though fully set out herein. 3. MAINTENANCE: The Contractor and the Surety on this Bond hereby agree, at their own expense: A. To remedy any and all defects that may develop in or result from all work except new paving to be performed under the Contract within the period of two year (s) from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; and B. To remedy any and all defects that may develop in or result from new paving work to be performed under the Contract within the period of two year (s) from the date of acceptance of the work under the Contract, by reason of defects in workmanship or materials used in construction of said work; C. To keep all work in continuous good repair; and D. To pay the Jurisdiction’s reasonable costs of monitoring and inspection to assure that any defects are remedied, and to repay the Jurisdiction all outlay and expense incurred as a result of Contractor’s and Surety’s failure to remedy any defect as required by this section. E. Maintenance bond requirements shall not apply to the following: work that is not permanently incorporated into the project, pavement markings, seeding, sodding, and plant material and planting. (CON’T – PERFORMANCE, PAYMENT, AND MAINTENANCE BOND) 4. GENERAL: Every Surety on this Bond shall be deemed and held bound, any contract to the contrary notwithstanding, to the following provisions: A. To consent without notice to any extension of time to the Contractor in which to perform the Contract; B. To consent without notice to any change in the Contract or Contract Documents, which thereby increases the total contract price and the penal sum of this bond, provided that all such changes do not, in the aggregate, involve an increase of more than 20% of the total contract price, and that this bond shall then be released as to such excess increase; and C. To consent without notice that this Bond shall remain in full force and effect until the Contract is completed, whether completed within the specified contract period, within an extension thereof, or within a period of time after the contract period has elapsed and the liquidated damage penalty is being charged against the Contractor. D. That no provision of this Bond or of any other contract shall be valid that limits to less than five years after the acceptance of the work under the Contract the right to sue on this Bond. E. That as used herein, the phrase “all outlay and expense” is not to be limited in any way but shall include the actual and reasonable costs and expenses incurred by the Jurisdiction including interest, benefits, and overhead where applicable. Accordingly, “all outlay and expense” would include but not be limited to all contract or employee expense, all equipment usage or rental, materials, testing, outside experts, attorneys’ fees (including overhead expenses of the Jurisdiction’s staff attorneys), and all costs and expenses of litigation as they are incurred by the Jurisdiction. It is intended the Contractor and Surety will defend and indemnify the Jurisdiction on all claims made against the Jurisdiction on account of Contractor’s failure to perform as required in the Contract and Contract Documents, that all agreements and promises set forth in the Contract and Contract Documents, in approved change orders, and in this Bond will be fulfilled, and that the Jurisdiction will be fully indemnified so that it will be put into the position it would have been in had the Contract been performed in the first instance as required. In the event the Jurisdiction incurs any “outlay and expense” in defending itself against any claim as to which the Contractor or Surety should have provided the defense, or in the enforcement of the promises given by the Contractor in the Contract, Contract Documents, or approved change orders, or in the enforcement of the promises given by the Contractor and Surety in this Bond, the Contractor and Surety agree that they will make the Jurisdiction whole for all such outlay and expense, provided that the Surety’s obligation under this bond shall not exceed 125% of the penal sum of this bond. (CON’T – PERFORMANCE, PAYMENT AND MAINTENANCE BOND) In the event that any actions or proceedings are initiated regarding this Bond, the parties agree that the venue thereof shall be Black Hawk County, State of Iowa. If legal action is required by the Jurisdiction to enforce the provisions of this Bond or to collect the monetary obligation incurring to the benefit of the Jurisdiction, the Contractor and the Surety agree, jointly, and severally, to pay the Jurisdiction all outlay and expense incurred therefor by the Jurisdiction. All rights, powers, and remedies of the Jurisdiction hereunder shall be cumulative and not alternative and shall be in addition to all rights, powers, and remedies given to the Jurisdiction, by law. The Jurisdiction may proceed against surety for any amount guaranteed hereunder whether action is brought against the Contractor or whether Contractor is joined in any such action(s) or not. NOW THEREFORE, the condition of this obligation is such that if said Principal shall faithfully perform all the promises of the Principal, as set forth and provided in the Contract, in the Contract Documents, and in this Bond, then this obligation shall be null and void, otherwise it shall remain in full force and effect. When a word, term, or phrase is used in this Bond, it shall be interpreted or construed first as defined in this Bond, the Contract, or the Contract Documents; second, if not defined in the Bond, Contract, or Contract Documents, it shall be interpreted or construed as defined in applicable provisions of the Iowa Code; third, if not defined in the Iowa Code, it shall be interpreted or construed according to its generally accepted meaning in the construction industry; and fourth, if it has no generally accepted meaning in the construction industry, it shall be interpreted or construed according to its common or customary usage. Failure to specify or particularize shall not exclude terms or provisions not mentioned and shall not limit liability hereunder. The Contract and Contract Documents are hereby made a part of this Bond. Project No. _______________ (CON’T – PERFORMANCE, PAYMENT, AND MAINTENANCE BOND) PRINCIPAL: SURETY: Contractor Surety Company By By Signature Signature Attorney-in-Fact Officer Title Printed Name of Attorney-in-Fact Officer FORM APPROVED BY: Company Name Attorney for Jurisdiction Company Address City, State, Zip Code Company Telephone Number NOTE: 1. All signatures on this performance, payment, and maintenance bond must be original signatures in ink; copies, facsimile, or electronic signatures will not be accepted. 2. This bond must be sealed with the Surety’s raised, embossing seal. 3. The Certificate or Power of Attorney accompanying this bond must be valid on its face and sealed with the Surety’s raised, embossing seal. 4. The name and signature of the Surety’s Attorney-in-Fact/Officer entered on this bond must be exactly as listed on the Certificate or Power of Attorney accompanying this bond.