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HomeMy WebLinkAbout16. Telecom Board Agenda Packet - September 20, 2023BOARD MEMBERS Andrew Van Fleet Board Chair Theodore Batemon Rich Kurtenbach Mike Young Amy Wienands City Council Liaison: Rob Nichols WATERLOO Telecommunications Utility Board of Trustees September 20, 2023 City Council Chambers 4:00 p.m. 1. Roll call. 2. Approval of the agenda, as presented. 3. Approval of minutes of September 6, 2023 regular session and September 14, 2023 special session, as presented. 4. Public Hearing: Prefabricated Shelter at 3233 Ansborough Avenue Project, Contract No. 1087. 4.1. Motion to receive and file proof of publication of notice of public hearing. RECEIVE PUBLIC COMMENT - NO COMMENTS ON FILE. 4.2. Motion to close the hearing and receive and file oral and written comments if received. 4.3. Resolution confirming approval of specifications, bid documents, form of contract, etc., and authorizing to proceed. 4.4. Motion to receive, file, and direct the reading of bids. 4.5. Resolution approving award of bid to CellSite Solutions, LLC, of Cedar Rapids, Iowa in the amount of $121,500.00, and approving the contract, bonds, and certificate of insurance, in conjunction with the Prefabricated Shelter at 3233 Ansborough Avenue Project, Contract No. 1087, and authorizing the Board Chair and Board Secretary to execute said document. 5. Resolution approving an Employment Agreement with Eric Lage, General Manager of Telecommunications and authorizing the Board Chair and Board Secretary to execute said document. 6. Motion approving appointment of Erica Christiansen to the position of Customer Service Manager, effective October 16, 2023, subject to the approval of an employment agreement. 7. Motion approving appointment of Calli Boeckmann to the position of Accounting Manager, effective October 16, 2023, subject to the approval of an employment agreement. 1 BOARD MEMBERS Andrew Van Fleet Board Chair Theodore Batemon Rich Kurtenbach Mike Young Amy Wienands City Council Liaison: Rob Nichols WATERLOO Telecommunications Utility Board of Trustees 8. Motion establishing the position of Field Locate and Construction Technician and approving the general form of a job description and compensation package for said position. 9. Motion approving payment to the City of Waterloo for the purchase of two 2023 Chevy Silverado trucks from Karl Chevrolet, in the amount of $42,731.70 for each vehicle, and accepting title of said vehicles from City of Waterloo. 10. Motion approving a new logo for Waterloo Fiber. 11. General comments from staff, consultants, and board members. 12. Closed session pursuant to Iowa Code Section 388.9(1) to discuss marketing and pricing strategies or proprietary information if its competitive position would be harmed by public disclosure not required of potential or actual competitors, and if no public purpose would be served by such disclosure. 13. Adjourn. Kelley Felchle Board Secretary 2 TELECOMMUNICATIONS UTILITY BOARD OF TRUSTEES Harold E. Getty Council Chambers City Hall September 6, 2023 4:00 p.m. Members present: Kurtenbach, Young, and Wienands. Mr. Batemon arrived at 4:04 p.m. Absent: Van Fleet. Approval of Agenda. Moved by Kurtenbach seconded by Wienands that the Agenda, as proposed, be approved. Voice - vote Ayes: Three. Motion carried. Approval of Minutes. Moved by Kurtenbach seconded by Wienands that the minutes of August 30, 2023, as proposed, be approved. Voice -vote Ayes: Three. Motion carried. Resolution authorizing the issuance of $2,000,000 taxable communications utility revenue capital loan notes anticipation project note, Series 2023. Moved by Kurtenbach seconded by Wienands. Roll call -vote Ayes: Four. Motion carried. Resolution No. 2023-021. Maggie Burger, Speer Financial, and Steve Nadel, Ahlers and Cooney, provided an overview of the agenda item. Maggie Burger and Steve Nadel discussed the loan with the board members. Resolution naming depository and authorizing official banking signatures for Waterloo Fiber. Moved by Kurtenbach seconded by Wienands. Roll call -vote Ayes: Four. Motion carried. Resolution No. 2023-022. Kelley Felchle, Board Secretary, provided an overview of the agenda item. She explained that the authorized signers will be Andy Van Fleet, Eric Lage, and Kelley Felchle. She explained that two individuals will always sign the checks and that having three signers will allow flexibility in the event one signer is unavailable. Motion approving appointment of Ian Crowther -Green to the position of OSP/Engineering Supervisor, effective October 1, 2023, subject to the approval of an employment agreement. Moved by Kurtenbach seconded by Wienands. Voice -vote Ayes: Four. Motion carried. Eric Lage, General Manger, provided remarks about the candidate. Motion approving an amended and restated agreement under Iowa Code Chapter 28E between Waverly Communications Utility, the Municipal Communications Utility of the City of Cedar Falls, the Communications Utility of Bellevue, Iowa, Indianola Municipal Utilities, Vinton Municipal Communications Utility, City of Pella Municipal Telecommunications Utility, New Hampton Municipal Communications Utility, and Waterloo Telecommunications Utility providing for joint ownership and use of certain facilities and related matters. Moved by Kurtenbach seconded by Wienands. Voice -vote Ayes: Four. Motion carried. Eric Lage, General Manager, explained that CFU built a video head end and all the other municipalities listed in the agreement are buying into the head end. He explained that the head end was just rebuilt so this is the latest generation of the project. The utility will pay 42% of the cost to build the head end plus maintenance, equipment, and salary of one employee assigned to the head end. The board discussed the terms and purpose of the agreement with Mr. Lage. Page 2 Motion approving an Agreement between the Municipal Communications Utility of the City of Cedar Falls, Waverly Communications Utility, the Communications Utility of Bellevue, Iowa, Indianola Municipal Utilities, Vinton Municipal Communications Utility, City of Pella Municipal Telecommunications Utility, New Hampton Municipal Communications Utility, and Waterloo Telecommunications Utility regarding financial arrangements. Moved by Kurtenbach seconded by Wienands. Voice -vote Ayes: Four. Motion carried. Eric Lage, General Manager, provided an overview of the agenda item. Board members discussed the terms and fees outlined in the agreement with Mr. Lage. General updates from board members, consultants and staff. Eric Lage, General Manager, explained that crews are working in the Ridgeway/Ansborough area and they should be finishing next week then moving farther east. A piece of drilling equipment was vandalized this week causing $18,000 worth of damage. He shared that the reaction from the public has been positive. He further shared that interviews for additional positions will be happening this week. Ms. Wienands questioned when the marketing materials and logo will be updated. Eric Lage explained that it should be ready for approval at the next board meeting. Mr. Krutenbach questioned how soon until actual fiber will be pulled. Eric Lage commented that he is unsure of the exact date at this time. He shared that the projected first hook up date is by November 10. Maggie Burger, Speer Financial, explained that they will have spend -down projections completed for the next board meeting. With no further business before the board, it was moved by Kurtenbach seconded by Wienands that the meeting be adjourned at 4:26 p.m. Voice -vote Ayes: Four. Motion carried. Kelley Felchle Board Secretary TELECOMMUNICATIONS UTILITY BOARD OF TRUSTEES -- SPECIAL SESSION City Clerk's Office City Hall September 14, 2023 10:00 a.m. Members present: Van Fleet, Kurtenbach, and Young. Absent: Batemon and Wienands. The meeting originated from the City Clerk's Office and all members participated via Zoom. Approval of Agenda. Moved by Kurtenbach seconded by Young that the Agenda, as proposed, be approved. Voice - vote Ayes: Three. Motion carried. Motion approving a revised effective date of September 18, 2023 for Ian Crowther -Green's appointment to the position of OSP/Engineering Supervisor, subject to the approval of an employment agreement. Moved by Kurtenbach seconded by Young. Voice -vote Ayes: Three. Motion carried. With no further business before the board, it was moved by Kurtenbach seconded by Young that the meeting be adjourned at 10:09 a.m. Voice -vote Ayes: Three. Motion carried. Kelley Felchle Board Secretary C e1\S'\e SD 1.0A\-tv\-5 ssir 3 cov\14-4-xck g SO C _S{ S. IV , 5H 5?-11�� -6C\c- cauM,‘J ()\i\A Li) ick'n‹-k" 4150 C S-1 sw. 1 BID BOND KNOW ALL BY THESE PRESENTS: That we, Cellsite Solutions, LLC Sampk Bid Bond Form , as Principal, and Merchants National Bonding, Inc. , as Surety, are held and firmly bound unto City of Waterloo, Iowa , as Obligee, (hereinafter referred to as "the Jurisdiction"), in the penal sum of dollars ($ ), or five (5) 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 FY 2023 Prefabricated Shelter, Contract No. 1087 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 Black Hawk 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 ctinulative 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; othenvise, 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 12th day of September oialiinqzessi ,�y %dPOq •.o. 41.TC. Oj�.y. i<E- -O- 0 0 u 2003 ho; "By SURETY: Merchants National Bonding, Inc. 4//_ i � Vihr - s h, Atto ompany ey-in-Fact/Officer ey-in-Fact Printed Name of Attorney-in-Fact/Officer Holmes, Murphy and Associates LLC Company Name 2727 Grand Prairie Parkway Company Address Waukee, IA 50263 City, State, Zip Code (515) 223-6800 Company Telephone Number PRINCIPAL: , 20 23 Cellsite Solutions, LLC By iG(/` _ Bidder Signature fct Hen A:A?$ Printed Paine CFo Title 4150CStSW Address Cedar Rapids, IA 52404 City, State, Zip Code (319) 826-3404 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. .MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Amy Huynh; Anne Crowner, Ben Williams; Brian M Deimerly; Cameron M Burt; Cindy Bennett; Craig E Hansen; D Gregory Stitts; Dione R Young; Donald E Appleby; Douglas Muth; Ginger Hoke; Grace Rasmussen; Greg Krier; Jay D Freiermuth; Jennifer Marino; Jessica Jean Rini; Jessie Allen; Joe Tiernan; John Cord; Kate Zanders; Keeton Welch; Mark R DeWitt; Mark Sweigart; Mary Ashley Allen; Megan A Brown; Michelle R Gruis; Sara Huston; Sarah C Brown; Seth D Rooker; Tim McCulloh; Todd Bengford; W R Withrow their true and lawful Attorneys) -in -Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 5th day of September , 2023 Q .••,'t O NA • • OG co;:.• ,,.....,•�♦♦• •�•••. ••• A• Z: ••�: 1933 '3• ;v .• • 2003 ; � y C: By •0 • d�,`L • STATE OF 101/�'A •♦♦,♦'•�.• • .•`��'' ••• • i `1 ••• President COUNTY OF DALLAS ss. �,''""'''** On this 5tli day of September 2023 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY Kim Lee CommissOn Number 702737 My Commission Expires April 14, 2024 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 12th day of September , 2023 . • • ' •ORP 0/? _<. 2003 J•• • : ,z.) t [[.• • • , • • LNG C0�••• • •o�•• nPOq•••'O9•. • •z•" :3• •el• 1933 ° . y• c, • 0• •A7 • • • • • •• • sir''.•.••`\a• •, V ,,; • •• Secretary POA 0018 (10/22) . • • I Bidder Status Form To be completed by all bidders Part A Please answer Yes" or "No" for each of the following: Yes QNo Yes ONo es ONo Yes ONo -Yes ONo 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 Part B My company has maintained offices in Iowa during the past 3 years at the following addresses: Dates: 61- Dates:'Dt 0 l 2 "" to Ptoe,"� Address: S \di City, State, Zip: CS- e �)..4 S n ZS to a 1 (-)' )— Address: n Lb 5 P %St- � p "City, State, Zip: i,It A `1 Z4�� Dates: OL ‚Srto ` 4- 4 Address: t tok) r� to eA Jw1 You may attach additional sheet(s) if needed. City, State, Zip: C. 'c LNb To be completed by non-resident bidders 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? O Yes ONo 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. You may attach additional sheet(s) if needed. To be completed by all bidders 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: Cast -it S Liye,s t t_c_ Date: ?/y/ZoZ5 You must submit the completed form to the governmental body requesting bids per 875 Iowa Administrative 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 QNo O Yes Olo O Yes ®No O Yee No O Yes ,pNo O Yes 9_,No Q O Yes'Q No O Yes O Ye479 No Aq; Yes �_. 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. 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) Revised February 2003 CONTRACTOR'S OR SUBCONTRACTOR'S AFFIRMATIVE ACTION PROGRAM Check box that applies to party completing program: ( ( ) General Contractor ) Subcontractor 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 1 of 8 CITY OF , lt,S L'. •TERLOO J leak . ty RE -BID CONTACT INFORMATION FORM Prime Contractort�ame• l� \`c t S a\OrJ / LLC Project: ( u.nf c.( l J% I ACAu ) MBE/WBE BUSINESS ENTERPRISE Letting Date: `7/l$Iza 23 NO MBEAVBE 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 bottoty\ portion of this form. Contractor Sipltature: j Title: 7 >Y C tvi Date: Oil 141 10 l 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 IvMBEAVBE Business Enterprise contacts made prior to your bid submission. This information is subject to verifications and confirmation. If you are unable to identify MBEAVBE finns 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 MBEAVBE 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 be Subcontracted to Pc'cAAWS C\(I1 N.) rJ N j \ Prk \Ls Q�.\A ,"r. ° to N N N 1 pd\ (Form CCO-4) Rev. 06-20-02 N1BE/WBE BUSINESS ENTERPRISE PRE -BID CONTACT INFORMATION FORM INSTRUCTIONS )'rime 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 N1BE/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 primecontractor bid, properly completed and signed on Fonn 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 NIBE/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 work. 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. Fonn CCO-4A Rev. 07-08-02 owp. NON -COLLUSION AFFIDAVIT OF PRIME BiDDEIZ State of /v l.JO. ) County of Line) ) ) ss /ti• , being first duly sworn, deposes and says that: 1. He is (Owner, Partner, 1 fficer, ' epresentative, or Agent) , of Cid ?.`fe Sol��1�f.►S, j_�'� , the Bidder t is las 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, fine 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 unlawfiul agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affia (Signed) ccd I the Subscribed and sworn to before me this /11 day of ct p�-�% btr , 2013 /6le My commission expires 11• r tin g 2-0 2 S se ROCHELLE CLARAHAN r Commission Number 837947 My Commission Expires March 8, 2025 (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 terns 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 seated this day of , 20 SURETY: PRINCIPAL: Surety Company Bidder By By Signature Attorney-in-Fact/Officer Signature Printed Name of Attomey-in-Fact/Of cer 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 trust 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. 1 BID BOND KNOW ALL BY THESE PRESENTS: Sample Bid Bond Form 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 (S ), 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). Official Address: (Including Zip Code): n ')' Sb C ✓ "1 C',i � (JL pJ 11� L, Q �� S .�J'1 S )4O Y . 1 I.R.S. No. 110 (A/ Zia CA FORM OF BID CONRACT NO. 1087 Page 3 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 $ `gyp jnA , 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 MP 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. NO Date NI I 10. The bidder shall list the MBENVBE 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. c79J \\CV, Si,.,0`Wu NS , L LE--- , (Name of Bl tfer) BY: FORM OF BID Title ara (uate) CONRACT NO. 1087 Page 2 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 existin u der the laws of the State of D-Q / ta.v�? a Partnership c'q , consisting of the following partners: C .e.`\ ,. (' (:) ok-Nti'•" (• 4.4 1- 1- vIh•� j( , 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 $ ' ; R o i C. V ALTERNATE A (3.1 DC POWER DISTRIBUTION SYSTEM & 3.2 AC N /1,�INVERTER e. ^\{ TOTAL DIVISION 1 BASE BID + ALTERNATE A $ b. u 0 , -) 1 7� FORM OF BID CONRACT NO. 1087 Page 1 of 3 Prefabricated Shelter, Contract No. 1087 September 14, 2023 Bidder Bid Security Bid Amount CellSite Solutions Cedar Rapids, IA ° 5 �0 Base Bid: $121,500.00 Alt A: No Bid EMPLOYMENT AGREEMENT This Employment Agreement (the "Agreement") is made and entered into effective as of July 24, 2023, by and between the Waterloo Telecommunications Utility, Waterloo, Iowa, d/b/a Waterloo Fiber, a municipal communications utility (the "Employer"), and Eric Lage (the "Employee"), each of whom understand as follows: WHEREAS, Employer desires to employ the services of Employee to serve in the capacity of General Manager of Telecommunications; and WHEREAS, it is the desire of the Board of Trustees of the Waterloo Telecommunications Utility (hereinafter the "Board"), to provide certain benefits, establish certain conditions of employment, and set working conditions of said Employee; and WHEREAS, it is the desire of Employer to secure and retain the services of Employee, to provide inducement for him to continue to remain in such employment, and to provide a means for terminating Employee's services at such time as he may be unable to fully discharge his duties or when Employer may otherwise desire to terminate his employ; and WHEREAS, Employee desires to be employed as General Manager of Telecommunications of the Waterloo Telecommunications Utility. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: 1. Term of Agreement 1.1. Employee understands that he serves as General Manager of Telecommunications at the discretion of the Board. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Board to terminate the services of the Employee, at any time, subject only to the provisions set forth in this Agreement. 1.2. This Agreement shall expire on December 31, 2028. The Agreement shall be renewed for an additional five-year term unless one party delivers to the other party a written notice of non - renewal on or before September 30, 2028. 1.3. Nothing shall prevent, limit or otherwise interfere with the right of the Employee to resign at any time from his position with the Employer, subject only to the provisions set forth in this Agreement. 2. Compensation 2.1. Base Salary: Employer agrees to pay Employee an annual base salary of $140,000 per calendar year payable biweekly in equal installments. Effective January 1 of each calendar year, commencing on January 1, 2024, Employee's annual base salary shall be increased by 2% as a cost -of -living adjustment. The amount of the annual base salary shall be set by Board resolution, which resolution, when adopted, shall become part of this section of the Agreement. This 1 Agreement shall be automatically amended to reflect any other salary adjustments provided or required by the Employer's compensation policies. 2.2. Customer Sign-up Incentive Pay: In recognition of the vital role that the Employee serves in operating the Employer's business and ensuring the timely and high -quality delivery of services to the Employer's customers, and as an incentive for the Employee to oversee and direct a customer -driven organization so as to subscribe and maintain the greatest number of customers for the services offered or to be offered by the Employer, the Employer desires to offer incentive compensation to the Employee as described in this Section. Each calendar year during the term of this Agreement, the Employee shall be entitled to receive an incentive payment (the "Incentive") calculated as _% of the revenues collected by the Employer in respect of any and all customer subscriptions, fees and other charges, but not including fees and charges for equipment sold to or rented by customers. Except as set forth in Section 2.3 below, the Employer shall pay the Incentive to the Employee no later than March 31 of the following year. 2.3. Incentive Forfeiture and Repayment: Notwithstanding anything to the contrary in Section 2.2, Employee shall forfeit the Incentive in its entirety if, at any time before the Incentive is paid, (a) the employment of Employee is terminated for cause, as defined in Section 5 below, or (b) such employment is terminated for reasons other than cause but Employee has violated any of the restrictive covenants set forth in Section 13. If, during any post -employment period in which the restrictive covenants set forth in Section 13 are in force, the Employee is found to have engaged in conduct that violates any of such restrictive covenants, then in the Employer's sole discretion and upon written demand the Employee shall be required to repay to the Employer the most recent Incentive payment received by the Employee. Iin addition to other methods, repayment may occur by offset against any severance payments owed. 2.4. Employer shall not, at any time during this Agreement, reduce the base salary or other benefits of Employee, except to the degree that such reduction occurs across-the-board for all employees of Employer. This provision shall not apply to the incentive pay structure detailed in Section 2.2 of this Agreement. 3. Performance Evaluation 3.1. The Board shall review and evaluate the performance of the Employee at least once annually. Said review and evaluation will be fair and reasonable based on the Employee's job description on file and job performance based on criteria developed by Employer. Further, the Board shall provide the Employee with a summary written statement of the Board's performance review and evaluation and provide an adequate opportunity for the Employee to discuss his evaluation with the Board. 3.2. Annually, the Board and Employee shall define such goals and performance objectives which they determine necessary for the proper operation of the Waterloo Telecommunications Utility and in the attainment of the Board's policy objectives and shall further establish a relative priority among those goals and objectives, said goals and objectives to be reduced to writing. They shall generally be attainable within the time limitations as specified and the annual operating and capital budgets and appropriations provided. 2 3.3. In effecting the provisions of this section, the Board and Employee mutually agree to abide by the provisions of the applicable law. 4. Resignation 4.1. In the event Employee voluntarily resigns his position with Employer during his employment, Employee shall give Employer ninety (90) days' written notice in advance unless the parties mutually agree otherwise. 4.2. In the event Employee voluntarily resigns his position with Employer during employment and provides written notice, Employee shall receive payment for unused vacation, sick and personal time and other benefits usually paid other Employees at separation pursuant to Employer's policies and procedures, unless otherwise specified in this Agreement. 4.3. If Employee does not provide proper written notice and voluntarily resigns from this position with Employer during employment, Employee shall not be entitled to receive any severance benefits, except he shall be eligible to receive payment of unused vacation, sick and personal time consistent with what is usually paid to other employees who voluntarily resign without proper written notice. 5. Termination for Cause 5.1. Employer may immediately terminate this Agreement at any time for cause. If Employee is terminated for cause, he shall receive no severance pay, except he shall be eligible to receive payment for unused vacation, sick and personal time and other benefits usually paid other Employees who are terminated for cause pursuant to the Employer's policies and procedures. 5.2. For purposes of this Agreement, the Term "for cause" shall mean, in the Board's judgment, (a) serious misconduct, including but not limited to conduct, whether personal or professional, that may bring public embarrassment or disgrace to the Employer, (b) conviction of a serious violation of law or regulations, (c) documented unsatisfactory performance consistent with regulations set forth in the employee handbook, (d) failure to meet goals and performance objectives set by the Board, or (e) material breach of any of the terms of this Agreement, particularly including but not limited to any of the restrictive covenants set forth in Section 13. 6. Termination Without Cause; Severance 6.1. In the event Employer wishes to terminate employment without cause, it may do so by giving the Employee 90 days' notice in writing. In such event, the Employee, if requested by the Employer, shall continue to render his services and shall be paid his regular compensation to the date of termination per the written notice. 6.2. Upon termination without cause the Employee shall be entitled to 90 calendar days of severance pay from the termination date and payment of unused vacation, sick and casual time and other benefits usually paid other Employees at termination pursuant to Employer's policies and procedures. 3 6.3. All health insurance benefits the Employee is participating in at the time of separation shall also continue for 90 calendar days after the date of employment termination. 6.4. With respect to any severance payments made to the Employee, the Employer agrees to pay the Employee every two weeks equal to 90 calendar days' aggregate salary minus any and all applicable taxes, plus continue paid health insurance payments for the same duration. 7. Health and Dental, Disability, Pension and Life Insurance Benefits 7.1. It is understood that at the time of entering into this Agreement Employer does not have a disability and life insurance benefit plan. Employer agrees to establish policies and procedures to provide for leaves of absence and other benefits within one year of the effective date of this Agreement. 7.2. Employer shall, through the City of Waterloo, make available to Employee health insurance through Wellmark, dental insurance through Delta Dental, and eye insurance through Avesis. Employee agrees to pay for such insurance at the same rate as is charged to employees of the City of Waterloo. Employee understands that at such time as the utility has three employees, the utility will be required to obtain health, dental and vision insurance benefits and such benefits through the City of Waterloo shall be discontinued. 8. Work Hours 8.1. It is recognized that Employee must devote a significant time outside the normal office hours to the business of the Employer, and to that end Employee will be allowed appropriate flexibility in his normal office hours, as approved by the Board Chair. 9. Paid Time Off - Sick, Vacation, Personal, and Holidays 9.1. Sick Time: Employee will be credited 40 hours of sick time upon employment through December 31, 2023. A bank of 96 hours of sick time will be accrued annually on January 1 of each calendar year, commencing on January 1, 2024. 9.2. Personal Time: Employee will be credited 16 hours of personal time one year from the effective date of this Agreement. On January 1, 2025, and January 1 of each calendar year thereafter Employee will receive 32 hours of personal time. 9.3. Vacation Time: Employee will be credited 40 hours of vacation time upon employment through December 31, 2023. A bank of 160 hours of vacation time will be accrued annually on January 1 of each calendar year, commencing on January 1, 2024. 9.4. Holidays: Employee is considered to be on -call twenty-four (24) hours a day; however, unless his services are needed, the Employee shall not be required to work on those days which have been designated as holidays by the Waterloo Telecommunications Utility. 4 10. Retirement 10.1. The IPERS pension plan will be available for the Employee to participate. The Employer will contribute the state mandated employer match into the plan. 11. General Business Expenses 11.1. Professional Dues and Subscriptions: Employer agrees to budget for and to pay for reasonable professional dues and subscriptions of the Employee necessary for continuation and full participation in national, regional, state, and local associations, and organizations necessary and desirable for the Employee's continued professional participation, growth, and advancement, and for the good of the Employer. 11.2. The Employer acknowledges the value of having Employee participate and be directly involved in local civic clubs or organizations. Accordingly, Employer shall pay for the reasonable membership fees and/or dues to enable the Employee to become an active member in said clubs or organizations. 11.3. Travel Expense: Employer agrees to pay for eligible and properly approved travel expenses of Employee according to policies and procedures adopted by the Board. Receipts for all expenses, meeting agendas, Employee expense reports and any other documents required by policy shall be attached to paperwork submitted for payment, in accordance with bill payment policies and procedures adopted by the Board. Such documents shall be submitted as soon as possible after expenses are incurred. 11.4. The Utility agrees to reimburse the Employee for approved expenses as soon as possible after proper documentation is provided. Reimbursement will be made in accordance with the Utility's bill payment schedule. 11.5. Employer shall furnish the Employee all equipment, material, manpower and transportation necessary to the efficient performance of the official duties as General Manager of Telecommunications as determined by the Board. 12. Miscellaneous 12.1. Employee shall perform those duties as outlined in the job description approved by the Board, which establishes the General Manager of Telecommunications position. 12.2. Employee shall devote his full time and talents to the best of his ability and to the best interest of the Waterloo Telecommunications Utility, in the discharge of his duties. 12.3. The employment provided for by this Agreement shall be the Employee's primary employment. Any outside activity or employment duties may only be performed by Employee during Employer non -working hours and must not interfere with Employee's ability to properly perform his job duties for Employer or pose a conflict of interest with Employer. When such outside employment consists of professional consultation or other related services, prior approval must be received from the Board. 5 12.4. Employer agrees that it shall defend, hold harmless, and indemnify the Employee against any tort, professional liability from all demands, claims, suits, actions, errors, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties in legal proceedings brought against him in his individual capacity or in his official capacity, provided the incident arose while he was acting within the scope of his employment and not attributable to the Employee's gross negligence or willful misconduct. 12.5. If in the good faith opinion of the Employer and Employee, conflict exists as regards to the defense of any such claim between the legal position of the Employer and the Employee, the Employee may engage counsel, in which event the Employer shall indemnify the Employee for the reasonable cost of legal counsel. 12.6. The Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the Employee is a party, witness or advisor to the Employer. Such expense payments shall continue beyond Employee's service to the Employer as long as litigation is pending. 12.7. Employer agrees to pay Employee reasonable consulting fees and travel expenses when Employee serves as a witness, advisor or consultant to Employer regarding pending litigation, if the Employee is no longer working for the Employer at that time. 12.8. Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law. 12.9. Employee agrees to maintain residency in the City of Waterloo. Because Employee currently lives outside of City limits, Employee shall have one year from the effective date of this Agreement to satisfy this residency requirement by either moving into City limits or by beginning construction of his personal residence on a lot within City limits with the intention of moving into said residence within twelve (12) months after commencement of construction. 12.10. Employee acknowledges that the Employer is in an organizational phase and certain policies and procedures relating to the organization are being developed. Employee agrees to work with the Board to develop policies and procedures for the Employer and abide by such policies and procedures upon adoption by the Board. 13. Restrictive Covenants 13.1. Covenant Against Competition: During the term of Employee's employment with the Employer and for a period of two (2) years from the voluntary or involuntary termination of Employee's employment with the Employer for any reason whatsoever, Employee will not, directly or indirectly, solicit business with any current or potential customer, wherever located, of Employer. 13.2. Covenant Against Disclosure of Confidential Information: During the term of Employee's employment with the Employer, and at any time after the voluntary or involuntary termination of Employee's employment with the Employer for any reason whatsoever, Employee shall not use for any purpose other than the Employer's purposes, or disclose to any person or entity except as necessary in the ordinary conduct of Employer's business and subject to the recipient's execution 6 of a non -disclosure agreement, any confidential information acquired during the course of his employment with the Employer. Employee shall not, directly or indirectly, copy, take, or remove from the Employer's premises, any of the Employer's books, records, customer lists, or any other documents or materials. The term "confidential information" as used in this Agreement includes, but is not limited to, records, lists, and knowledge of the Employer's customers, methods of operation, plans, processes, trade secrets, and personnel records, as the same may exist from time to time, subject to such disclosures are may be required under the Iowa Open Records Law. 13.3. Non -solicitation of Customers: During the term of Employee's employment with the Employer and for a period of two (2) years from the voluntary or involuntary termination of Employee's employment with the Employer for any reason whatsoever, Employee shall not solicit, induce, or attempt to induce any past or current customer of the Employer (a) to cease doing business in whole or in part with or through the Employer; or (b) to do business with any other person, firm, partnership, corporation, or other entity which performs services materially similar to or competitive with those provided by the Employer. 13.4. Non -solicitation of Employees: During the term of Employee's employment with the Employer and for a period of two (2) years from the voluntary or involuntary termination of Employee's employment with the Employer for any reason whatsoever, Employee shall not solicit for employment or employ, or solicit for engagement or engage as an independent contractor, any employee of the Employer, nor induce, influence, recruit, encourage or otherwise attempt to cause any employee of the Employer to terminate his or her employment with the Employer. 13.5. Remedies: In addition to all the remedies otherwise available to the Employer, including, but not limited to, recovery from Employee of damages and reasonable attorneys' fees incurred in the enforcement of this Agreement, the Employer shall have the right to injunctive relief to restrain and enjoin any actual or threatened breach of the terms of this Agreement. All the Employer's remedies for breach of this Agreement shall be cumulative and the pursuit of one remedy shall not be deemed to exclude any other remedies. 13.6. Reasonableness of Restrictions: Employee has carefully read and considered the provisions of this Section 13 and, having done so, agrees that the restrictions set forth herein (including, but not limited to, the time period of restriction and the geographical areas of restriction) are fair and reasonable and are reasonably required for the protection of the legitimate business interests of the Employer. 14. General Provisions 14.1. Integration: This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this Agreement. 14.2. Binding Effect: This Agreement shall be binding on the Employer and the Employee as well as their respective heirs, assigns, executors, personal representatives and successors in interest. 7 14.3. Effective Date: This Agreement shall become effective on Employee's first date of employment, commencing on July 24, 2023. 14.4. Severability: The invalidity or partial invalidity of any portion of the Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modifications of the invalid provision. 14.5. Other Terms and Conditions of Employment: Employer, in consultation with the Employee, may fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, policies, or any other law. 14.6. Governing Law: This Agreement shall be governed by the laws of the State of Iowa. 15. Notices 15.1. Notices pursuant to this Agreement shall be given by deposit in the custody of the United States Postal Service, postage prepaid, addressed as follows: Employer: Board Secretary City Hall 715 Mulberry Street Waterloo, IA 50703 Employee: Eric Lage, to his most recent residence address as shown in the personnel or payroll records of the Employer Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice, postage prepaid, in a US Postal Service receptacle. 16. Disputes 16.1. Informal Negotiation: The parties shall initially attempt to resolve all claims, disputes, or controversies arising under, out of, or in connection with this Agreement by conducting good faith negotiations. The dispute shall be considered to have arisen when one party sends to the other party a written notice of dispute. If the parties are unable to resolve the matter following good faith informal negotiations within thirty (30) days, the parties agree to submit the dispute to mediation. 16.2. Mediation: Within fourteen (14) days following the expiration of the time period for informal negotiations in 16.1, the parties shall attempt to agree upon a neutral and qualified mediator to assist the parties in resolving the dispute. If the parties fail to agree upon a mediator, 8 the parties shall request the American Arbitration Association ("AAA") to appoint a qualified mediator for a mediation to be held in Black Hawk County, Iowa. The period for mediation shall commence upon the appointment of the mediator and shall not exceed sixty (60) calendar days, unless such time period is extended by mutual agreement of the parties. The mediator's fees and AAA fees shall be shared equally by the parties, but otherwise the parties will bear their own costs for mediation. If the parties are unable to resolve the matter through informal negotiations or mediation, the parties agree to submit such dispute to arbitration, which the parties agree shall be the exclusive means for resolving disputes which the parties cannot otherwise resolve as described above. 16.3. Arbitration: Subject to prior compliance with the requirements of Sections 16.1 and 16.2, any dispute may be resolved by arbitration conducted pursuant to Chapter 679A of the Code of Iowa. The parties shall attempt to agree in writing upon a neutral and qualified arbitrator within fourteen (14) days following the delivery of written notice by either party to the other party setting out the dispute in general terms and requesting that the dispute be resolved by arbitration. If the parties cannot agree upon a single arbitrator, each party shall appoint its own arbitrator, and the arbitrators so appointed shall themselves appoint at least one additional arbitrator to ensure that there are an odd number of arbitrators. The decision of the arbitrator, or, in the case of more than one arbitrator, the simple majority decision of such panel of arbitrators, shall determine all issues in dispute between the parties. Said decision shall be final and binding and shall not be subject to appeal on a question of fact, law, or mixed fact and law, except as permitted under Chapter 679A. Arbitration shall be conducted in Waterloo, Iowa. Fees of the arbitrator(s) shall be shared equally by the parties, but otherwise each party will bear its own arbitration costs, including but not limited to attorney's fees and expenses. Except where clearly prevented by the area in dispute, both parties agree to continue performing their respective obligations under this Agreement while the dispute is being resolved. 16.4. Discovery in Arbitration: Consistent with the expedited nature of arbitration, each party will, upon written request of the other party, promptly provide the other with copies of documents legally relevant to the issues raised by any claim or counterclaim. Any dispute regarding discovery or the relevance or scope thereof shall be determined by the arbitrator(s), which determination shall be conclusive. All discovery shall be completed within sixty (60) days following appointment of the arbitrator(s). 16.5. Remedies: The arbitrator(s) may grant any relief available at law or in equity, including but not limited to equitable remedies of specific performance and injunction. Because the Employer will be irreparably damaged if the restrictive covenants set forth in Section 13 are not specifically enforced, it shall be entitled to an injunction restraining any violation of the said provisions by the Employer, or to any other appropriate decree of specific performance, in addition to any other remedies allowed by applicable law. The Employee hereby waives any requirement that the Employer post bond or show the likelihood of damages as a condition to issuance of a writ of injunction. 16.6. Attorney Fees: In the event of any mediation or arbitration to interpret, settle or enforce any of the provisions of this Agreement, each party shall bear its own attorney's fees and costs, except that the Employee shall bear the reasonable attorney's fees and expenses incurred by the Employer in any dispute where the Employee is found to have violated any of the restrictive covenants set forth in Section 13. 9 IN WITNESS WHEREOF, the Waterloo Telecommunications Utility has caused this Agreement to be signed and executed by the Board Chair as duly authorized by resolution of the Board, and duly attested by the Board Secretary. EMPLOYEE EMPLOYER By: Eric Lage Andy Van Fleet, Board Chair Attest: Kelley Felchle, Board Secretary 10 WATERLOO FIBER Locally Owned and Operated JOB TITLE: FIELD LOCATES AND CONSTRUCTION TECHNICIAN DEPARTMENT: OPERATIONS REPORTS TO: OSP ENGINEERING SUPERVISOR SUPERVISES: N/A FLSA STATUS: NON-EXEMPT SALARY: COMPETITIVE HOURLY PLUS INCENTIVE PAY APPLICATION DEADLINE: Position Summary: This position serves as part of the operations team for the Waterloo Municipal Communications Utility, DBA, Waterloo Fiber, an Internet Service Provider (ISP), and reports to the OSP Engineering Supervisor. Our Field Locates and Construction Technicians spend their workday on the go, working independently and with the use of a company provided vehicle. Within the framework of governing federal, state, and local laws and policies, the position exercises latitude and independence in the performance of assigned projects and tasks. This Field Locates and Construction Technician role is responsible for sound judgment, thoroughness, and competence. ESSENTIAL DUTIES AND RESPONSIBILITIES: • Receive utility tickets daily, schedule, locate and mark Waterloo Underground Facilities. • Notify vendor, via internet, daily, that facilities have been marked or located. • Respond quickly to Emergency Locates. • Assist Waterloo crews in locating underground facilities. • Meet with excavators, as required, to assist with facilities marking, identification and location/depth. • Read and understand utility maps, prints, and aerial imagery to assist in identification of underground facilities. • Prioritize work activities by reviewing all locate requests to determine travel route and timelines. • Operate handheld detection equipment in the designed manner. • Periodically remove and replace manhole lids, weighing between 100- and 300-pounds, using a manhole cover removal tool. • Mark the location of underground facilities on roadways, private property, and other locations, as appropriate and needed, using required spray paints, flags and other equipment. • Accurately and consistently wear safety gear, and operate safety equipment, provided. • Daily contact with utility managers, crews, homeowners, and contractors discussing locate issues. • Review existing or incoming data for currency, accuracy, usefulness, quality, and completeness of documentation. • Convert data collected from field operations into GIS database with proper and accurate spatial location. • Operate handheld GPS units in the designed manner. • Completes communication conduit installation, maintenance, and repair. • Inspects construction and maintenance of OSP. Qualifications: To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements listed are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. Education/Experience: • Minimum of one year experience in operating underground locating equipment, preferred but not necessary. • Must have a valid drivers' license, drive extensively, and get in -and -out of vehicle repeatedly. • Any state required training. • High school diploma or equivalent is required. Knowledge, Skills, and Abilities: • Must be able to distinguish between utility color codes (American Public Works Association Uniform Color Codes for temporary marking of underground utilities) used to identify existing underground utilities. • Demonstrate understanding of local utility system. • Demonstrate good time management skills to plan and accomplish assigned workload. • Must have solid verbal and written communication skills, and the ability to work independently and professionally in a diverse and stressful environment. • Complete and document work activities using laptop computer and transmit completed tickets on a timely basis to the company's mainframe. • Good communications skills with managers, contractors, utility representatives and homeowners. Physical Demands/Working Conditions: The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. • Duties are performed both indoors and outdoors in varying weather conditions. • Must be able to bend, stoop, lift, climb and perform all other physical movements necessary to the essential functions of the job. • Must be able to work in all types of terrain and hazards (grass, gravel, ditches, etc.), all types of environments (construction sites, highways, industrial, private property, etc.) and all types of weather conditions. • Ability to periodically lift items up to 100 pounds. • Work on -call hours and some overnight travel, as needed. Benefits: • Incentive Pay • IPERS • Health, Dental, Vision, and Life Insurance • Paid Vacation, Holidays, Personal, and Sick Time Please send a resume and cover letter to careers@waterloofiber.com. A.A./E.E.O. Minority, female & disabled individuals are encouraged to apply. 1101 S.E. ORALABOR ROAD ANKENY, IOWA 50021 www.karlchevrolet.com PHONE (515) 964-4255 TOLL FREE 1-800-622-8264 SALESMAN GOVERNMENT DEAL / rAA ku 1 a) O04-VO4a > 7: SALESMAN Lam" DATE 09/13/2023 BUYER FIRST MI. LAST CITY OF WATERLOO CO -BUYER FIRST MI. LAST (H) (319) 215 — 8 0 8 0 (C) STREET ADDRESS 625 GLENWOOD ST (W((319)215-8080 CITY COUNTY STATE Z P CODE WATERLOO BLACKHAWK IA 50703-4063 CUSTOMER # 123494 YEAR NEW/USED MAKE MODEL EXTERIOR COLOR MILEAGE STOCK NO. 2023 NEW CHEVROLET TRUCK SILVERADO 1500 WHITE SUMMI 92461 SERIAL NUMBER 1GCUDAED2PZ333250 DEAL# 343761 richard.strange@WATERLOO-IA.ORG TOTAL VALUE PRICE 42731 .70 Iowa law requires us to give you the following notice: You understand that liability insurance coverage which would protect you under the Iowa Motor Vehicle and Safety Responsibility Act IS NOT INCLUDED in your purchase of this motor vehicle. It is customer's responsibility to notify their insurance company of any changes. DOCUMENTARY FEE. A DOCUMENTARY FEE IS NOT AN OFFICIAL FEE. A DOCUMENTARY FEE IS NOT REQUIRED BY LAW, BUT MAY BE CHARGED TO A BUYER FOR THE PREPARATION OF DOCUMENTS AND THE PERFORMANCE OF RELATED SERVICES. THE MAXIMUM AMOUNT THAT MAY BE CHARGED FOR A DOCUMENTARY FEE IS DETERMINED BY IOWA CODE SECTION 322.19A. THIS NOTICE IS REQUIRED BY LAW. The vehicle is not being purchased for export or resale and allows a refund from the customer of any GM moneys paid should that customer resell or export a GM vehicle without the dealer's knowledge. Government Sales / Comm Fleet We agree that: (1) transactions where multiple cars are purchased by a single purchaser and payment is delayed ("Bulk Deferred Transactons") are not ordinary course transactions; (2) the Dealership's lender, Ally Bank (along with its affiliates, ("Lender")), has not authorized the Dealership to sell or otherwise dispose of (and has not consented to the sale or other disposition of) vehicles in Bulk Deferred Transactions free of its security interest in the vehicles; (3) the purchase of vehicles in Bulk Deferred Transactions free of the security interest of Lender would violate the terms of the Dealership's financing documents with Lender and the rights of Lender would violate the terms of the Dealership's financing documents with Lender and the rights of Lender in the vehicles; (4) the Purchaser is not a "buyer in ordinary course of business" as defined in the Uniform Commercial Code; and (5) accordingly, the sale of vehicles by the Dealership to the Purchaser in Bulk Deferred Transactions will not extinguish Lender's security interest in the vehicles. Lender's security interest in a vehicle will automactically extinguish when payment is made for that vehicle. This provision may only be changed by written notice from Lender. CASH SALE PRICE OF VEHICLE $ 42731.70 USED VEHICLE ALLOWANCE TRADE 1 MAKEOFTRADE-IN YEAR MODEL SERIAL # $ N/A USED VEHICLE ALLOWANCE TRADE MAKE OF TRADE-IN YEAR MODEL SERIAL# $ N/A USED VEHICLE ALLOWANCE TRADES MAKE OF TRADE-IN YEAR MODEL SERIAL# $ N/A MANUFACTURER'S REBATE $ N/A You understand that this agreement (including the terms on the back) is an offer to purchase the vehicle described which will become a binding contract once the dealer has signed it. This document represents the complete agreement between you and the dealer regardless of any other oral, written or prior agreements or representations. However, if you are buying a used vehicle, the information you see on the window form for this vehicle is part of the contract and the information on the window form overrides any contrary provisions in this contract. By signing this contract, you are certifying that you are at least 18 years old (if there are two buyers, that at least one of you is 18 years old), that you have read this contract front and back, and agree to its terms, and that you have received a copy of it. TRADE DIFFERENCE $ 42731.70 BALANCE OWED ON TRADE-INS $ N/A $ STATE &LOCAL TAXES N/A $ N/A REGISTRATION FEE $ N/A TITLE FEE $ N/A TRANSFER FEE N/A NON-TAXABLE DOCUMENTATION FEE $ N/A Company CITY OF WATERLOO TOTAL DELIVERED PRICE $ 42731.70 � CASH DEPOSIT $ N/A Buyer's Signature X CASH ON DELIVERY $ N/A Buyer's Signature Accepted By AMOUNT DUE $ 42731.70 Dealer's Authorized Representative THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO CONTENT OR FITNESS FOR PURPOSE OF THIS FORM. CONSULT YOUR OWN LEGAL COUNSEL. The Reynolds and Reynolds Company FL640823_e Q (06/18) ADDITIONAL TERMS OF CONTRACT (The following items are applicable and a part of the reverse side of this contract.) La informacion que aparece en la ventanilla de este vehiculo forma parte de este contrato. La informacion contenida en el formulario de la ventanilla anula cualquier prevision que establezca to contrario y que aparezca en el contrato de yenta. 1. DEFINITIONS. The words "we," "us" and "our" refer to the dealer -seller. The words "you" and "your" refer to the buyer and the co -buyer, if any. 2. DISCLAIMER OF WARRANTY. If there is a manufacturer's warranty on the vehicle you are buying, the dealer is not a party to it and it is not a part of this contract. If we are authorized by the manufacturer to perform warranty work on your vehicle, we hope that you ask us to perform the work. However, the manufacturer's warranty is between you and the manufacturer as far as the dealer is concerned. You understand that the vehicle is sold "as is" with all faults and that we make no warranty of the merchantability and no warranty that the vehicle is fit for any particular purpose. 3. THIS IS NOT A FINANCING DOCUMENT. This contract is for the cash sale of a motor vehicle. It is not a financing document. If you have financed this purchase, you will be required to sign separate documents which comply with state and federal laws. If you finance the vehicle, there will be a separate fee for filing a lien on the title of the vehicle. 4. DELIVERY OF VEHICLE. If you refuse or fail to accept delivery of the vehicle, we may elect to keep your cash deposit as liquidated damages or exercise any other rights allowed by law including but not limited to enforcing the terms of the contract. Any trade-in will be considered part of the down payment for purposes of determining liquidated damages. Any delay or failure to deliver the purchased vehicle to you which are not due to our fault or negligence, will not create any liability to us. We are not liable to you for any consequential damages, damages to property, damage for loss of use, loss of time, loss of profits, or loss of income or any other incidental damages arising out of the sale or use of the purchased vehicle. 5. TRANSFER DOCUMENTS. State and federal law require a number of documents to be signed when selling or buying a vehicle. You agree to sign any document which is required to transfer title to the trade-in or the purchased vehicles, including but not limited to odometer statements, damage disclosure statements, salvage title disclosure and powers of attorney. 6. ATTORNEY FEES. By signing this document you agree to pay our attorney fees and all costs incurred, of any kind or amount, necessary to enforce this contract in addition to any damages we have sustained as a result of your breach. 7. NEW VEHICLE ORDERS. If you have purchased a new vehicle that we do not have in stock and we ordered the new vehicle for you, we cannot guarantee the manufacturer will not change our price of the vehicle model or body type you have ordered between the time we signed this purchase contract and the time we receive the new vehicle to deliver to you. If the price does change and you do not agree with the changed price, you may cancel this contract. If you traded in a vehicle and we have not sold it, we will return it to you subject to being reimbursed for any reasonable repairs made to the vehicle and storage fees. If the trade-in vehicle has been sold, we will pay to you the amount we received for the vehicle , less a 15% sales commission and any costs incurred by us to effectuate the sale. If you have ordered a new vehicle and the manufacturer changes or discontinues the type and model vehicle which you ordered, we have no obligation to deliver to you the vehicle ordered and the contract may be canceled. BUYER'S TRADE-IN CERTIFICATION If you are trading in a vehicle, you certify the following: 1. That there is no salvage or repair history on the vehicle title that would affect the value of the vehicle. If there is salvage or repair history on the title, you agree that the dealer may cancel this sale. 2. That to the best of your knowledge, the vehicle was never on a salvage, rebuilt or flood title in this or any other state. 3. That while you have owned the trade-in, its odometer has not been repaired, replaced, tampered with or altered with in any way. That the odometer statement, damage disclosure statement and prior vehicle history which you provided us for your trade-in is true and correct. 4. That the original emission control system (including the catalytic converter) is intact. That the engine and transmission have not been changed from the manufacturer's original specifications. That the trade-in does not have a cracked or defective head, block, powertrain or frame. 5. TRADE-IN TITLE WARRANTY. On any trade-in, you must provide us with a valid title correctly assigned to us. You warrant and promise that the title to said trade-in is free and clear of all liens or encumbrances except as indicated on the front of this contract and that all taxes and registration fees are current as of the date of this contract. If there is any misrepresentation in this regard, you hereby agree to pay three times the amount of any damages equal to the amounts of money it takes us to obtain a clear title, in addition to attorney fees and any costs, of any kind of amount, we incur to obtain a clear title. 6. BALANCE OWED ON TRADE-IN. On the front of this contract, if there is an amount entered on the "BALANCE OWED ON TRADE-IN," this represents the amount of money you presently owe on the vehicle you traded in. We obtained this amount from your lien holder. If, when the lien is paid off, it is determined that the amount is greater than was indicated on this contract, it will be treated as a mutual mistake of fact. If the amount is greater than indicated on the reverse side, you will owe us the difference or you can rescind the contract. If the amount is less than indicated on the reverse side of this contract, we will pay you the amount difference between the amount indicated and the actual amount owed. 7. APPRAISAL VALUE OF TRADE-IN. We have appraised the value of your trade-in at the time of entering into this contract. If you deliver the trade-in to us at a later time, and the trade-in is not in the same condition as when appraised, we may, at our option reappraise the trade-in. If the new appraisal is less than that indicated on the reverse side of this agreement, you may cancel this contract provided you have not taken delivery of the purchased vehicle. In the event you have taken possession of the purchased vehicle, you may pay to us the difference in the appraised values or keep the trade-in and pay us the original appraised value of the trade-in. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO CONTENT OR FITNESS FOR PURPOSE OF THIS FORM. CONSULT YOUR OWN LEGAL COUNSEL. The Reynolds and Reynolds Company FL640823_e Q (06/18) 4 PULL THIS STRIP TO EXPOSE ADHESIVE Irf .. s CHEVROLET STANDARD EQUIPMENT ITEMS FEATURED BELOW ARE INCLUDED AT NO EXTRA CHARGE IN THE STANDARD VEHICLE PRICE SHOWN CREW CAB SHORT BED 4WD OWNER BENEFITS • 3 YEAR / 36,000 MILE* BUMPER -TO -BUMPER LIMITED WARRANTY • 5 YEAR / 60,000 MILE* POWERTRAIN LIMITED WARRANTY, ROADSIDE ASSISTANCE & COURTESY TRANSPORTATION • FIRST MAINTENANCE VISIT • WHICHEVER COMES FIRST *SEE CHEVROLET.COM OR DEALER FOR TERMS, DETAILS & LIMITS SAFETY & SECURITY • CHEVY SAFETY ASSIST *AUTOMATIC EMERGENCY BRAKING *FORWARD COLLISION ALERT *FRONT PEDESTRIAN BRAKING *LANE KEEP ASSIST W/LANE 2023 SILVERADO 1500 CREW WT 4WD DEPARTURE WARNING *FOLLOWING DISTANCE INDICATOR *INTELLIBEAM-AUTO HIGH BEAM • REAR VISION CAMERA • TEEN DRIVER MODE • TIRE PRESSURE MONITORING WITH TIRE FILL ALERT PERFORMANCE & MECHANICAL • AUTOTRAC TRANSFER CASE • STABILITRAK W/ TRAILER SWAY CONTROL & HILL START ASSIST • BRAKE PAD WEAR INDICATOR CONNECTIVITY & TECHNOLOGY • CHEVROLET INFOTAINMENT 3 7" DIAG COLOR TOUCHSCREEN ADDITIONAL FEATURES FOR COMPATIBLE PHONES INCLUDE: BLUETOOTH AUDIO STREAMING VOICE COMMAND PASSTHROUGH TO PHONE, WIRED ANDROID AUTO & WIRED APPLE CARPLAY CAPABLE • USB PORTS • DRIVER INFORMATION CENTER • REMOTE KEYLESS ENTRY • PUSH BUTTON START • REAR SEAT REMINDER INTERIOR • AIR CONDITIONING • POWER WINDOWS • POWER DOOR LOCKS • FRONT 40/20/40 BENCH SEATS W/ ARMREST & UNDERSEAT STORAGE • REAR 60/40 FOLDING BENCH SEAT EXTERIOR • CORNERSTEP REAR BUMPER • 12 TIE DOWNS IN CARGO BED • LOCKING TAILGATE • HALOGEN REFLECTOR HEADLAMPS • FRONT RECOVERY HOOKS MANUFACTURER'S SUGGESTED RETAIL PRICE STANDARD VEHICLE PRICE $45,300.00 EXTERIOR: SUMMIT WHITE INTERIOR: JET BLACK OPTIONS & PRICING OPTIONS INSTALLED BY THE MANUFACTURER (MAY REPLACE STANDARD EQUIPMENT SHOWN) ENGINE: 5.3L ECOTEC3 V8 WITH DYNAMIC FUEL MANAGEMENT WT VALUE PACKAGE • DEEP -TINTED GLASS • REAR WINDOW DEFOGGER • CRUISE CONTROL • OUTSIDE POWER MIRRORS • TRAILERING PACKAGE AUTO LOCKING REAR DIFFERENTIAL TRAILER BRAKE CONTROLLER ALL -TERRAIN TIRES CHROME BUMPERS WORK TRUCK PACKAGE • SKID PLATES • HEAVY-DUTY AIR FILTER CREDIT - NOT EQUIPPED WITH STEERING COLUMN LOCK GVWR: 7,100 LBS. (3,221 KG) REAR AXLE: 3.23 RATIO 1,595.00 1,190.00 395.00 275.00 200.00 200.00 175.00 -50.00 INC. INC. ENGINE: 5.3L ECOTEC3 V8 TRANSMISSION: 10-SPEED AUTO Visit us at www.chevy.com 17" PAINTED STEEL WHEELS INC. TOTAL OPTIONS TOTAL VEHICLE & OPTIONS DESTINATION CHARGE TOTAL BEFORE SAVINGS WT VALUE PACKAGE DISCOUNT $3,980.00 $49,280.00 1,895.00 $51,175.00 -500.00 TOTAL VEHICLE PRICE* $50,675.00 EPA DOT Fuel Economy and Environment Fuel Economy 1 MPG SILVERADO 4WD Standard pickup trucks range from 12 to 73 MPG. The best vehicle rates 132 MPGe. 16 20 combined city/hwy city 5.9 gallons per 100 miles highway Gasoline Vehicle You spend $5,000 more in fuel costs over 5 years compared to the average new vehicle. G E 4 1 1 Annual fuel cost $2,600 IL J Fuel Economy & Greenhouse Gas Rating (tailpipe only) Q Smog Rating (tailpipe only Best Best This vehicle emits 523 grams CO2 per mile. The best emits 0 grams per mile (tailpipe only). Producing and `distributing fuel also create emissions; learn more at fueleconomy.gov. D Actual results will vary for many reasons, including driving conditions and how you drive and maintain your vehicle. The average new vehicle gets 28 MPG and costs $8,000 to fuel over 5 years. Cost estimates are based on 15,000 miles per year at $2.95 per gallon. MPGe is miles per gasoline gallon equivalent. Vehicle emissions are a significant cause of climate change and smog. fueleconomy.gov Calculate personalized estimates and compare vehicles GOVERNMENT 5-STAR SAFETY RATINGS Overall Vehicle Score * * * * * Based on the combined ratings of frontal, side and rollover. Should ONLY be compared to other vehicles of similar size and weight. Frontal Driver Crash Passenger Based on the risk of injury in a frontal impact. Should ONLY be compared to other vehicles of similar size and weight. * * * * * * *** Side Front seat Crash Rear seat Based on the risk of injury in a side impact. * **** * * * * * Rollover Based on the risk of rollover in a single -vehicle crash. * *** Star ratings range from 1 to 5 stars (* * * * *) with 5 being the highest. Source: Nalonal Highway Traffic Safety Administration (NHTSA) www.safercar.gov or 1-888-327-4236 PARTS CONTENT INFORMATION FOR VEHICLES IN THIS CARLINE: U.S./CANADIAN PARTS CONTENT: 33% MAJOR SOURCES OF FOREIGN PARTS CONTENT: MEXICO 38% NOTE: PARTS CONTENT DOES NOT INCLUDE FINAL ASSEMBLY, DISTRIBUTION, OR OTHER NON -PARTS COSTS. FOR THIS VEHICLE: FINAL ASSEMBLY POINT: ROANOKE, IN U.S.A. COUNTRY OF ORIGIN: ENGINE: MEXICO TRANSMISSION: UNITED STATES This label has been applied pursuant to Federal law - Do not remove prior to delivery to the ultimate purchaser. *Includes Manufacturer's Recommended Pre -Delivery Service. Does not include dealer installed options and accessories not listed above, local taxes or license fees. © 2009 General Motors LLC GMLBL_PROD_0042 - 01/22/2023 ORDER NO CSHGXR SALES CODE E SALES MODEL CODE CK10543 DEALER NO 18386 FINAL ASSEMBLY: ROANOKE, IN U.S.A. VIN 1GCUDAED2PZ333250 REISSUE DEALER TO WHOM DELIVERED KARL CHEVROLET, INC. 1101 SE ORALABOR RD ANKENY, IA50021-4022 1111111111111111111111111111111111111111 SNWaterlooFiber % + st? + 99 + W — W Percent Connection Communication Waterloo Waterloo Fiber Primary WWaterlooFiber Secondary w WaterlooFiber w Waterloo Fiber Reversed Primary WWaterlooFiber Reversed Secondary w WaterlooFiber w Waterloo Fiber Potential Additional Mark Color Palette The Waterloo Fiber color scheme hinges on the ideas of boldness, diversity, stability and trust. Conspicuous color will draw the eye and differentiate from both Mediacom and metronet. hello neighbor "01, SAT/5x..9�� y...- 0 Z 4.4 4MITMV` One fast city. 10096LOCAL • 10096WATERLOO Your Friendly Local Internet Provider WaterlooFiber