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HomeMy WebLinkAbout18. Telecom Board Agenda Packet - October 18, 2023Waterloo FIBER 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 October 18, 2023 City Council Chambers 4:00 p.m. 1. Roll call. 2. Approval of the agenda, as presented. 3. Approval of minutes of October 4, 2023 regular session, as presented. 4. Resolution approving preliminary plans, specifications, form of contract, etc. and resetting date of bid opening as November 9, 2023 and public hearing as November 15, 2023, in conjunction with the FY2023 Drops and Installation of a Fiber -to -the - Premise Network, Contract No. 1094. 5. Motion approving a Network Engineering Consulting Agreement with Fuse Technic, LLC, of Cedar Falls, Iowa, for an hourly rate of $175 per hour and authorizing the General Manager of Telecommunications to execute said document. 6. Motion approving a records request policy. 7. Motion approving Change Order No. 2023-0001 for a decrease of $2,120,308.32, Change Order No. 2023-0002 for a decrease of $92,826.47, Change Order No. 2023- 0003 for a decrease of $878,877.12, and Change Order No. 2023-0004 for an increase of $8,092.00, in conjunction with the Construction of a Backbone and Fiber - To -The -Premise Project, Contract No. 1088. 8. Motion approving an Independent Contractor Services Agreement with SmartSource Consulting, LLC, and authorizing the General Manager to execute said document. 9. Motion approving a revised Waterloo Fiber Purchasing Policy. 10. Motion creating Level 1 and Level 2 Field Technician positions within Waterloo Fiber, and eliminating the Field Locates and Construction Technician position. 11. General comments from staff, consultants, and board members. 12. Closed session pursuant to Iowa Code Section 21.5(1) to discuss records which are authorized by law to be kept confidential. 13. Adjourn. Kelley Felchle Board Secretary TELECOMMUNICATIONS UTILITY BOARD OF TRUSTEES Harold E. Getty Council Chambers October 4, 2023 4:00 p.m. 1. Roll Call Members present: Van Fleet, Kurtenbach, Young. Absent: Wienands and Batemon. 2. Approval of Agenda. Moved by Kurtenbach seconded by Young that the Agenda, as presented, be approved. Voice - vote Ayes: Three. Motion carried. 3. Approval of Minutes. Moved by Kurtenbach seconded by Young that the minutes of September 20, 2023 Regular Session, as proposed, be approved. Voice -vote Ayes: Three. Motion carried. 4. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as October 12, 2023 and public hearing as October 18, 2023, in conjunction with the FY2023 Drops and Installation of a Fiber -to -the -Premise Network, Contract No. 1094. Mr. Van Fleet questioned how the pricing might be affected if we go under or over the estimated 6,300 drops. Warren Lyon, Magellan, explained that it is based on the forecasted financials but the rate is set up as per drop. Mr. Van Fleet questioned if the cost per drop would decrease if we go over the projected number. Warren Lyon explained how the specifications were written and stated he does not believe there is any language in regards to going over or under the 6,300 drops. Mr. Van Fleet questioned if Magellan would be providing a framework or matrix of the bids for the board's review. Warren Lyon explained that there would not be an evaluation of these bids because it is classified as a construction bid and the award would go to the lowest responsible bidder. Mr. Kurtenbach questioned if the take is larger than this bid, would it require us doing a separate Time and Materials bid, or is that is part of the bid package. Warren Lyon explained that there were no specifics based on the spec book information; only that it is a three-year contract at which point contract negotiations can begin regarding time and materials. Mr. Kurtenbach questioned the depth as the bid specs list eight to twelve inches. Warren Lyon explained that other installations are usually six to ten inches so they increased this solicitation to eight to twelve for service drops. Ms. Wienands arrived at 4:05 p.m. Moved by Kurtenbach seconded by Young. Roll call -vote Ayes: Four. Motion carried. Resolution No. 2023-025. Page 2 5. Resolution approving a promotional rate for new residential and business customers, to provide two months of free internet, no deposit, and no installation fee, for the period of November 1, 2023 to December 31, 2027. Eric Lage, General Manager, provided an overview of the proposed promotional rate. Moved by Kurtenbach seconded by Wienands. Roll call -vote Ayes: Four. Motion carried. Resolution No. 2023-026. 6. Motion approving a website design proposal from Amperage Marketing, in the amount of $19,560. Eric Lage, General Manager, provided an overview of the proposal for website redesign with Amperage Marketing. He explained that Amperage would rebrand our website and make a service zone site, which will serve as a temporary website. Board members questioned the length of the 24-week redesign and the functionality of the service zone website. Eric Lage explained the extent of the work that Amperage is putting in to the website. Mr. Van Fleet questioned if the Facebook page can be updated with the new branding. Eric Lage confirmed. The board further discussed the website design proposal with Mr. Lage. Moved by Kurtenbach seconded by Young. Roll call -vote Ayes: Four. Motion carried. 7. General comments from staff, consultants, and board members. Eric Lage provided a copy of the progress dashboard and explained that additional work has taken place since this was printed. Mr. Young questioned if the billing has been set up yet. Eric Lage explained that the integration will take time and that staff may have to manually enter the billing for a period of time. He further explained that interviews for the sales and marketing managers are scheduled for Monday, the incentive pay portion is under review and will be discussed at the next meeting, and they are working on an open records request. Mr. Van Fleet questioned if there is a secure location for the equipment that is coming in. Eric Lage confirmed there is a lockable area at Public Works and that he is currently looking into an inventory control software. Mr. Kurtenbach questioned when we will see the RFP for the foundation for the first shelter coming in. Warren Lyons explained that the foundation base may have to go out to bid based on engineering estimates and legal input but the hope is to have that answered within the week. Eric Lage commented that work continues on health insurance and other benefits, safety manual, a headend network engineer consulting agreement. He explained that they are looking to provide fiber service to the Black Hawk County landfill and are exploring a possible trade- off for a reduction of costs. Andy Van Fleet questioned how citizens are responding to the construction. Page 3 Eric Lage commented that there have been a few who have experienced issues with restoration but those have been resolved quickly. Ms. Wienands shared an automated response she received after signing up for service. She will send a screen shot to Eric and he will find out what the response means. Eric Lage commented that one thing he wants to get input on from the board is whether to consider an independent facility in a location accessible to the public. The current space at Public Works will likely be too small within a year with the hiring of staff, etc. He commented on an area south of 20 between Ansborough and Kimball that is being sold to developer. Ideally a space with some retail where the public can come in and demo and possible receive payments. Andy Van Fleet commented that it will be important to consider the cost per square foot per headcount, and to remember there would be cost savings at public works. Warren Lyons, Magellan Advisors, provided an overview of construction progress to date. Mr. Van Fleet questioned whether the projects have received change orders to date. Warren Lyons explained that there has been a rough total of $3 million dollars on cost savings on materials. Chris Wendland explained he is working through the incentive plan. 8. Adjourn. With no further business before the board, it was moved by Kurtenbach seconded by Young that the meeting be adjourned at 4:33 p.m. Voice -vote Ayes: Four. Motion carried. Kelley Felchle Board Secretary PROJECT MANUAL FOR DROPS AND INSTALLATION OF A FIBER -TO -THE -PREMISE NETWORK WATERLOO FIBER ,ftitill.INTERNET CONTRACT NO. 1094 FY 2023 DROPS AND INSTALLATION OF A FIBER -TO -THE -PREMISE NETWORK CONTRACT NO. 1094 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 4. FORM OF BID OR PROPOSAL 5. FORM OF BID BOND 6. NON -COLLUSION AFFIDAVITS 7. EQUAL OPPORTUNITY CLAUSE 8. TITLE VI CIVIL RIGHTS 9. BIDDER STATUS FORM 10. AFFIRMATIVE ACTION PROGRAM 11. STATEMENT OF BIDDER'S QUALIFICATIONS 12. GENERAL SPECIAL PROVISIONS 13. SPECIAL PROVISIONS 14. GENERAL SPECIFICATIONS FOR CONSTRUCTION 15. SUPPLEMENTAL GENERAL SPECIFICATIONS FORCONSTRUCTIONS 16. FORM OF CONTRACT 17. FORM OF PERFORMANCE, PAYMENT, AND MAINTENANCE BOND ATTACHMENT A — Bid and Unit Pricing Matrix ATTACHMENT B — Design Plots and Splicing Diagram ATTACHMENT C - Drops and Installation of Fiber -to -the -Premise Network Specifications and Requirements NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost For the FY 2023 DROPS AND INSTALLATION OF A FIBER - TO -THE -PREMISE NETWORK In the City of Waterloo, Iowa CONTRACT NO. 1094 PUBLIC HEARING The Board of Trustees of the Municipal Telecommunications Utility will hold a public hearing on the proposed Plans, Specifications, Form of Contract, and Estimate of Costs for the construction of the FY 2023 Drops and Installation of a Fiber -to -the -Premise Network Project at 4:00 pm on November 15, 2023 at 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 improvements will be constructed throughout the City of Waterloo, Iowa. NOTICE OF BIDDERS CONTRACT NO. 1094 Page 1 of 7 NOTICE TO BIDDERS For the Taking of Construction Bids for the FY 2023 DROPS AND INSTALLATION OF A FIBER - TO -THE -PREMISE NETWORK In the City of Waterloo, Iowa CONTRACT NO. 1094 RECEIVING OF BIDS On behalf of 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 City Hall, 715 Mulberry Street, Waterloo, Iowa on the 9th day of November, 2023 before 1:00 p.m. for the construction of the FY 2023 DROPS AND INSTALLATION OF A FIBER -TO - THE -PREMISE NETWORK. Contract No. 1094 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 9th day of November, 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 pm on November 15, 2023, in the Harold E. Getty Council Chambers in City Hall, 715 Mulberry Street, Waterloo, Iowa. The Board may award a Contract at said meeting, or at such other time and place as shall then be announced. PUBLIC HEARING The Board of Trustees of the Municipal Telecommunications Utility will hold a public hearing on the proposed Plans, Specifications, Form of Contract, and Estimate of Costs for the construction of said improvements at 4:00 pm on November 15, 2023 at 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 Utility is requesting proposals from qualified Contractors to install and maintain fiber premise drops in support of the launch of Waterloo Fiber, the City's broadband Internet utility. Waterloo Fiber provides data, video, and telephone services to businesses, homes, and community institutions within the City of Waterloo ("Service Area"). The City is in the process of building a feeder/distribution network for a Fiber -to -the -Premise (FTTP) network initially capable of offering a 10 Gbps infrastructure to support wholesale and retail broadband data services. Current design encompasses approximately 25,000 residential and 2,400 commercial and community anchor passings. Based on uptake projections, there will be an expected minimum of 6,300 drop installations over three years. The actual count of premise drop installations will fluctuate up or down due to events like new constructions or differing uptake rate. NOTICE OF BIDDERS CONTRACT NO. 1094 Page 2 of 7 This solicitation seeks proposals for the installation of premise drops from the nearest Network Access Point (NAP) to the exterior of a premise and subsequent installation of a Optical Network Terminal (ONT)/router/gateway/UPS ("CPE") inside the premise. Project objectives are: Exterior Drops: • Allow for residential and business premises to receive a buried premise drop installation as requested. This operation will consist of installing, through a 8"-12" trench, a fiber cable drop from the assigned NAP to an exterior Network Interface Device (NID) (e.g. clamshell/tap box) and then to an interior ONT/router/gateway/UPS at the Customer Premise. • NID should be at a location adjacent to the Customer's premise electric or telephone service drop, if at all possible. • Testing and documentation of connection to NID • Restoration of property • Adherence to industry and City of Waterloo and Waterloo Fiber installation standards and manufacturer's installation recommendations and standards ensuring a superior installation experience; • Ability to repair exterior drops from handhole/vault to NID Interior Drops: • ONT/router/gateway/UPS installed in a centralized location within premise • Testing and documentation of connection • Turn up of data service • Adherence to industry and City of Waterloo and Waterloo Fiber installation standards and manufacturer's installation recommendations and standards ensuring a superior installation experience; • Ability to repair interior drops, replace equipment, and re-establish services BEGINNING AND COMPLETION DATES The contract will be signed and mobilization 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 November 27, 2023. The Project shall be substantially completed on or before December 31st, 2026. 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 Board of Trustees, 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 Board of Trustees meeting. Final payment will be made thirty-one (31) days after completion of the work and final acceptance by the Board. Before final payment is made, vouchers showing that all subcontractors and workmen and all NOTICE OF BIDDERS CONTRACT NO. 1094 Page 3 of 7 persons furnishing materials have been fully paid for such materials and labor will be required unless the Utility 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 Magellan which plans and specifications and also the prior proceedings of the Board of Trustees 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 Utility 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 Event Dates: • • . • • • . • . • • Issuance of the Notice to Bidders Non -Mandatory Pre -Bid Meeting Final Submission of Contractors' Questions Response to Contractors' Questions Bids Due Utility consideration of bids Utility public hearing on Plans, Specifications, Form of Contract & Estimate of Cost Utility Award of Contract Contract Signed and Mobilization Commences Commence Work Complete No Later Than October 19, 2023 October 24, 2023 October 26, 2023 November 1, 2023 November 9, 2023 November 15, 2023 November 15, 2023 November 15, 2023 November 27, 2023 December 11, 2023 December 31, 2026 NOTICE OF BIDDERS CONTRACT NO. 1094 Page 4 of 7 CONTRACT AWARD A contract will be awarded to the lowest responsive, responsible bidder. The Utility 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 Utility 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 within the State of Iowa. 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 Utility 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 Utility) payable to the Municipal Telecommunications Utility 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 Utility 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 bidder 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 Board of Trustees 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 Utility from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND NOTICE OF BIDDERS CONTRACT NO. 1094 Page 5 of 7 Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a maintenance 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. 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 Utility 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 Utility 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 be attended by the prime contractor, subcontractors and Utility Officials. 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 This project is subject to sales tax. Posted pursuant to the provisions of Chapter 26 of the City Code of Iowa. NOTICE OF BIDDERS CONTRACT NO. 1094 Page 6 of 7 MUNICIPAL TELECOMMUNICATIONS UTILITY NOTICE OF BIDDERS CONTRACT NO. 1094 Page 7 of 7 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 October 26, 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 are encouraged to 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. INSTRUCTIONS TO BIDDERS 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 Board of Trustees. Bids in which the unit prices are obviously unbalanced 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 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 Utility) payable to the Municipal Telecommunications Utility, 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 Utility 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. 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 has not colluded with any other person, firm, or corporation in regard to any bid submitted. INSTRUCTIONS TO BIDDERS 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 subcontract, the successful bidder shall submit the name of any proposed subcontractor for approval by the City. INSTRUCTIONS TO BIDDERS 9. STATEMENT OF BIDDER'S QUALIFICATIONS The apparent lowest bidder shall, upon request of the Utility, 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 Utility 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 Utility 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 Utility that the bidder is qualified to carry out properly the terms of the contract. 10. 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 Board Meeting on November 15, 2023, but the right is reserved to postpone such action for a reasonable time, not exceeding thirty (30) days. b. The Board of Trustees reserves the right to reject any or all bids or waive any informality in bids received. • 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 Utility 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 total bid., or for the BASE BID plus ALTERNATE(S), as applicable, chosen by the Utility as indicated in the Form of Bid or Proposal. • 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. 11. EXECUTION OF AGREEMENT, BONDS, AND CERTIFICATE OF 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 Utility an agreement in the form included in the contract documents in such number of copies as the Utility 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 INSTRUCTIONS TO BIDDERS 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 Utility 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 a period of two (2) years from and after completion of said improvements and their acceptance by the Utility. 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 Utility may require. The Municipal Telecommunications Utility of 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 Utility as agreed upon liquidated damages. 12. BIDDER STATUS 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. INSTRUCTIONS TO BIDDERS FORM OF BID OR PROPOSAL FY 2023 DROPS AND INSTALLATION OF A FIBER -TO - THE -PREMISE NETWORK, CONTRACT NO. 1094 CITY OF WATERLOO, IOWA Board of Trustees of the Municipal Telecommunications Utility of the City of Waterloo, Iowa Gentlemen: 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 Magellan Advisors for the Utility 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 FY 2023 DROPS AND INSTALLATION OF A FIBER -TO -THE -PREMISE NETWORK, Contract No. 1094 , all in accordance with the above -listed documents and for the unit prices for work in place for the following items and quantities contained in Attachment A. The contractor shall submit a coov of Attachment A as Dart of their bid. FY 2023 DROPS AND INSTALLATION OF A FIBER -TO -THE -PREMISE NETWORK, CONTRACT NO. 1094 Description Total Cost DIVISION 1 BASE BID WORK $ DIVISION 1 BASE BID TOTAL PRICE $ 1. 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. 2. In submitting this bid, the bidder understands that the right is reserved by the Utility 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 five (5) days after "Notice to Proceed" is issued. 3. Security in the sum of Dollars ($ ) in the form of , is submitted herewith in accordance with the INSTRUCTIONS TO BIDDERS. 4. Attached hereto is a Non -Collusion Affidavit of Prime Contractor. 5. Attached hereto is a Bidder Status Form. 6. The bidder is prepared to submit a financial and experience statement upon request. 7. . 8. The bidder has received the following Addendum or Addenda: FORM OF BID CONRACT NO. 1094 Page 1 of 2 Addendum No. Date 9. The apparent low Bidder shall submit a list of all Subcontractor(s) to be used on this Project to the Utility 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). 10. The Contractor shall be required to provide a State of Iowa Contractor Registration Number for all their employees and those of their subcontractors engaged in work at the site, in accordance with State Laws. No bids will be awarded until the Contractor and subcontractors have been confirmed within seven (7) days after the bid opening. The Contractor shall submit information on subcontractors on "SUBCONTRACTOR REQUEST AND APPROVAL" Form to be provided by Utility prior to approval of contract. 11. The subcontractors listed on this proposal and/or submitted to the Contract Compliance Officer cannot be changed except for the following reasons: a. The Utility does not approve the subcontractors. b. The subcontractors submit in writing that they cannot fulfill their subcontracts. 12. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none" or "NA". The bidder has attached all applicable forms. BY: (Name of Bidder) (Title) (Date) Official Address: (Including Zip Code): I.R.S. No. FORM OF BID CONRACT NO. 1094 Page 2 of 2 BID BOND KNOW ALL BY THESE PRESENTS: Sample Bid Bond Form That we, , as Principal, and as Surety, are held and firmly bound unto the Municipal Telecommunications Utility of the City of Waterloo, Iowa, 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, fiiuily 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; DROPS AND INSTALLATION OF A FIBER -TO -THE -PREMISE NETWORK, CONTRACT NO.1094 The improvement includes the installation and maintenance of fiber premise drops in support of the launch of Waterloo Fiber, the City's broadband Internet utility. Waterloo Fiber provides data, video, and telephony services to businesses, homes, and community institutions within the City of Waterloo ("Service Area"). The City is in the process of building a feeder/distribution network for a Fiber -to -the -Premise (FTTP) network initially capable of offering a 10 Gbps infrastructure to support wholesale and retail broadband data services. Current design encompasses approximately 25,000 residential and 2,400 commercial and community anchor passings. Based on uptake projections, there will be an expected minimum of 6,300 drop installations over three years. The actual count of premise drop installations will fluctuate up or down due to events like new constructions or differing uptake rate. (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 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 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: that: , being first duly sworn, deposes and says 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 Title day of , 20_. 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. (SignPci) Title Subscribed and sworn to before me this day of , 20_ Title My commission expires 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 procurement 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 forth 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, 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 o To be completed by all bidders PART A Please answer "Yes" or "No" for each of the following: 0 0 0 0 Yes 0No Yes ©N o Yes ONo Yes 0No 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. o 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: / / to / / Address: City, State, Zip: Dates: / / to / / Address: City, State, Zip: Dates: / / to / / Address: You may attach additional sheet(s) if needed. City, State, Zip: o 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? Yes 0 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. You may attach additional sheet(s) if needed. o 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: Date: 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 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. 0 Yes ONo aYes ONo aYes cNo 0Yes 0No 0Yes 0No 0Yes 0No 0Yes 0No 0 Yes0No IC) Yes 0No 0 Yes° No IC) Yes 0No 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 have 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) 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 1 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 STATEMENT OF BIDDERS QUALIFICATIONS Page 2 of 2 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 DROPS AND INSTALLATION OF A FIBER - TO -THE -PREMISE NETWORK, Contract No. 1094, 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 May 23, 2023. They have the general title of DESIGN PLOTS AND SPLICING DIAGRAMS (Attachment B) All construction and materials shall be in accordance with the Iowa SUDAS Standard Specifications except where noted in the SUDAS Supplemental Specifications, Special Provisions and or Estimate Reference Notes. 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 Utility Engineer. Rubble, rubbish, trees, brush, and other unsuitable backfill material, as designated by the Utility 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 Utility, shall be considered the Contractor's responsibility. 5. REMOVED MATERIALS All materials removed as part of this Contract shall remain the property of the Utility unless the Utility determines that the materials are not salvageable, and the Utility does not want to retain ownership of the materials. Materials designated in the field by the Utility as nonsalvageable shall be hauled and disposed of by the Contractor at no cost to the Utility. All other materials shall be transported to locations as directed by the Utility. 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. SPECIAL PROVISIONS CONTRACT Page 1 of 4 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 Utility a detailed estimate giving a complete breakdown of the lump sum contract prices. The submitted breakdown shall be approved by the Utility 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 Utility shall approve Contractor's work schedule prior to starting. All revisions shall also be approved. The Utility r 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. 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 Utility 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 Utility 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. SPECIAL PROVISIONS CONTRACT Page 2 of 4 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 Utility, to ensure the safety of the public as well as those engaged on the work. All barricading plans shall be reviewed by the Utility. The Contractor shall determine, provide and obtain approval from the Utility 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 Utility 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 lens 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 shown on the drawings, and he shall report any errors or inconsistencies in the same to the Utility before commencing work. 17. SAFETY OF WORKERS AND PUBLIC The Contractor shall, at all times, take necessary precautions to protect the life and health of all persons employed on this project and the public. He shall provide necessary safety devices and safeguards in 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. CONSTRUCTION EQUIPMENT FOR PORTLAND CEMENT CONCRETE PAVEMENT Section IX "Construction Equipment" of the "Specifications for Concrete Paving, Widening, and Curb and Gutter" of the Standard Specifications for Municipal Public Works Construction, City of Waterloo, Iowa, shall be amended as follows: Iowa Department of Transportation standard specification Section 2301.07 Construction Equipment For Portland Cement Concrete Pavement shall apply with the following exception to Section 2301.07.A.7.b Finishing Machine: The first sentence shall read as "A finishing machine will be required on all uniform width slabs ten (10) feet or more in width upon which a continuous line of forms more than one hundred fifty (150) feet in length may be set, except for intersections or otherwise approved by the Utility." 19. WORKING ON SATURDAYS. SUNDAYS AND LEGAL HOLIDAYS The Contractor shall notify the Utility 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. SPECIAL PROVISIONS CONTRACT Page 3 of 4 Work on Sunday requires prior approval of the Utility in accordance with the Waterloo Standard Specifications. The Contractor shall not work the following days in 2023 due to Utility 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 SPECIAL PROVISIONS CONTRACT Page 4 of 4 GENERAL SPECIFICATIONS FOR CONSTRUCTION CITY OF WATERLOO, IOWA 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. BOARD. The Board of Trustees of the Municipal Telecommunications Utility of the City of Waterloo. 2. CITY. The Municipal Telecommunications Utility of the City of Waterloo, Iowa, which is the Party of the First Part of the accompanying contract, acting through its authorized representative. 3. INSPECTOR. The authorized representative of the Utility, 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. 4. CONTRACTOR. The Party of the Second Part in the accompanying contract for the improvement covered by these specifications, or his authorized representative. 5. SUBCONTRACTOR. Any person, firm, or corporation who has, with the approval of the Board, contracted with the Contractor to execute and perform in his stead all or any part of the contract. 6. BIDDER. Any individual, firm, or corporation submitting a proposal for all or a part of the work provided for in these specifications. 7. 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. 8. SURETY. The corporate body bound with and for the Contractor for the acceptable performance of the contract. 9. PROPOSAL. The written Proposal, submitted by the bidder in the prescribed manner and on the standard form, for the improvements covered by these specifications. 10. SPECIFICATIONS. The documents that set forth the manner in which the proposed work is to be accomplished which have been prepared by the Utility and approved by the Board of Trustees, official copies of which are now on file with the City Clerk. 11. SPECIAL PROVISIONS. Clauses or memoranda not contained herein, applying to the contract of which these specifications are a part, which change or supplement these specifications. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1094 Page 1 of 15 12. CONTRACT. The agreement entered into between the Utility 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. 13. 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. 14. INSTRUCTIONS TO BIDDERS. The clauses setting forth in detail the information relative to the proposed work and requirements for the submission of Proposals. 15. PLANS. The plans for the improvement covered by the specifications and approved by the Board, official copies of which are on file with the Utility Clerk. 16. CONTRACT BOND. The bond executed by the Contractor and his surety in favor of the Utility 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. 17. 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 Board, as provided in these specifications, in which event the contract period includes the new date of completion. 18. 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. 19. A.S.T.M. Abbreviation for American Society for Testing Materials. 20. 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. 21. TIME. All time limits stated in the contract documents are of the essence in the contract. 22. PROJECT MANUAL. The document that specifies the project's parameters, including its contract, forms, terms, conditions, and requirements as well as its components, materials, performance standards, and performance expectations. 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. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1094 Page 2 of 15 2. DRAWINGS AND SPECIFICATIONS. Unless otherwise provided in the contract documents, the Utility shall furnish to the Contractor, free of charge, all copies of drawings and specifications reasonably necessary for the execution of the work. The Contractor shall keep one (1) copy of all drawings and specifications on the work available to the Utility 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 Utility, 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 Utility immediately, in writing, and the Utility 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 Utility. 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 Utility, 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 -before 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 by 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 Utility and the Contractor, subject to the approval of the Board of Trustees. Either party to the contract may request such an adjustment. 8. LANDS AND RIGHT OF WAY. The Utility 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 GENERAL SPECS FOR CONSTRUCTION CONTRACT 1094 Page 3 of 15 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 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 Utility'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 Utility to secure the completion of the various portions of the work in general harmony. 11. CLOSING STREETS TO TRAFFIC. The Utility 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 Utility 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 Utility. 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 Utility, remove from the Utility'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 Utility 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 Utility 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. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1094 Page 4 of 15 The Utility 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 1094 Page 5 of 15 If the specifications, the Utility'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 Utility timely notice of readiness for inspection. If the inspection is to be made by authority other than the Utility, the Contractor shall notify the Utility of the date fixed for inspection. Inspections by the Utility 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 Utility, it must, if required by the Utility, be uncovered for examination at the Contractor's expense. Re-examination of questioned work may be ordered by the Utility, and, if so ordered, the work must be uncovered by the Contractor. If such work be found in accordance with the Contract, the Utility 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 Utility shall pay the cost. 2. AUTHORITIES AND DUTIES OF INSPECTORS. Inspectors may be stationed on the work to report to the Utility 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 referred 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 UTILITY. The Utility 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 force increased or diminished, and to decide questions which arise in the execution of the work. 4. UTILITY'S DECISIONS. The Utility 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 Utility 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 Utility such stakes and instructions as may be necessary to the progress of the work. The Contractor shall carefully preserve bench marks, reference points, and GENERAL SPECS FOR CONSTRUCTION CONTRACT 1094 Page 6 of 15 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 loss or disturbance. 6. SUPERINTENDENCE. The Contractor shall keep on his work during its progress a competent superintendent and any necessary assistants, all satisfactory to the Utility. The Superintendent shall not be changed except with the consent of the Utility, 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 Utility any error, inconsistency, or omission which he may discover. 7. REMOVAL OF UNAUTHORIZED WORK. Work done without lines and grade being given, 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 Utility 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 Utility, and shall bear the expense of making good all work of other Contractors destroyed 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 Utility 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 Utility 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 Utility 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 Utility. 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 GENERAL SPECS FOR CONSTRUCTION CONTRACT 1094 Page 7 of 15 shall be of good quality and standard make and shall meet with the approval of the Utility. 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. 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 Utility 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 Utility so orders, and shall not be re-employed unless express permission be given by the Utility. 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 UTILITY EMPLOYEES. The Contractor shall not employ and hire any of the Utility's employees without the permission of the Utility. 13. LABOR. Local labor shall be given preferences so far as practicable. 14. THE UTILITY'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 Utility, after three (3) days' written notice to the Contractor may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the Contractor, provided, however, that the Utility 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 Utility may require. The Utility 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 compensation or extension of time, or both, as the Utility 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 Utility. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1094 Page 8 of 15 4. DELAYS AND EXTENSION OF TIME. If the Contractor be delayed in the completion of the work by an act of neglect of the Utility, or its employees; or by any other Contractor employed by the Utility; 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 Utility pending dispute resolution procedures or by any cause which the Utility shall decide justifies the delay, then the time of completion shall be extended for such reasonable time as the Utility may decide will compensate for such delay. No such extension shall be made for delay occurring more than thirty (30) days before claim therefor is made in writing to the Utility. 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 Utility 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 Utility 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 Contractor 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 Board 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 Board shall have authority to annul this contract without process or action at law and take over the prosecution and completion of the work, as provided under the article covering Utility's right to terminate contract. 8. UTILITY'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 his 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 Utility; or if he should otherwise be guilty of a substantial violation of any provision of the contract, then the Utility, upon the certificate of the Utility 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 shall not be entitled to receive any further payment until the work is finished. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1094 Page 9 of 15 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 Utility. The expense incurred by the Utility as herein provided and the damage incurred through the Contractor's default shall be certified by the Utility. 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 Utility; shall promptly remove any part or all of his equipment and supplies from the property of the Utility, failing which, the Utility 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 Utility according to the United States standard measures. 2. SCOPE OF PAYMENTS. The Utility's measurements of quantities shall be the basis for final payment for the work performed under this Contract. After the work is completed, the Utility 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 Board 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 Board Proceedings relative thereto. 3. PAYMENT FOR EXTRA WORK. Such extra work as may have been ordered by the Utility 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 work, 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 Utility. The Utility 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 Utility before such work is begun, and to which sum no percentage is to be added. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1094 Page 10 of 15 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. 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 Utility 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 Utility as an extra heretofore provided, the Contractor shall notify the Utility, 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 Utility is not afforded 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 Utility and the fact that the Utility 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 Board. In the event that the Board 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 Utility shall make a written statement of all the work done by the Contractor hereunder, stating the quantity 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 Utility shall, within ten (10) days, prepare a new statement, a copy of which shall in like manner be delivered unto the Contractor. The Utility will not fileaformal completion report with the Utility until the Contractor has approved the same. If the figures of the Utility 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 Utility shall, within a period of five (5) days thereafter, file his completion report. Before action by the Board of Trustees upon such completion report, the Contractor shall also file a written statement of any claims he may have against the Utility, other than those shown by such completion report, growing out of this contract or the work done hereunder. The Utility shall retain five percent (5%) of the amount due the Contractor on the completion report for a period 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 Utility in this completion report, and any claims of the Contractor against the Utility growing out of this contract and the work done hereunder which are not stated in writing GENERAL SPECS FOR CONSTRUCTION CONTRACT 1094 Page 11 of 15 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 Utility. 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 and completed work until final acceptance of the same by the Board of Trustees. 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 Utility'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 Utility harmless therefor. The Contractor shall be held liable and responsible for all damages done to water, sewer, 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 Utility in writing. 4. LIABILITY INSURANCE. The Contractor shall carry liability insurance which shall save the Utility 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 Utility 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. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1094 Page 12 of 15 (e) The minimum protection shall be as follows: Comprehensive General Liability Insurance General Aggregate Limit Products —Completed Operations Aggregate Limit $ 5,000,000.00 $ 5,000,000.00 Each Occurrence Limit $ 5,000,000.00 Comprehensive Automobile Liability Insurance $ 1,000,000.00 The Contractor shall have the Municipal Telecommunications Utility of 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 Utility. 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 Utility Clerk shall include the name and address of the agency issuing the same. It shall also be required that the Utility 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 Utility 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 whole 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 Utility 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 damages, 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 Utility. Each such policy shall provide that thirty (30) days' prior written notice of cancellation must be given to Utility 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 acceptance 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 Utility, to insure the safety of the public as well as those engaged on the work. All barricading plans shall be approved by the Utility. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1094 Page 13 of 15 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 Utility harmless from loss on account thereof, except that the Utility shall be responsible for all such 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 Utility. 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 Board of Trustees. 10. SUBCONTRACTORS. The Contractor shall, as soon as practicable after the signature of the contract, notify the Utility in writing of the names of the Subcontractors proposed for the work and shall not employ any that the Utility may, within a reasonable time, object to as incompetent or unfit. The Contractor agrees that he is as fully responsible to the Utility 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 Utility. 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 Utility should prevail in any legal proceedings arising out of the performance or non - GENERAL SPECS FOR CONSTRUCTION CONTRACT 1094 Page 14 of 15 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 Utility, 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, PAYMENT AND MAINTENANCE 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 Utility written bonds of indemnity to the amount required by law in form and substance, and with surety thereon satisfactory and acceptable to the Utility, to ensure 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. 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 Utility. 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 Utility or his authorized assistants, either personally or as an official of the Utility, it being understood that in such matters he acts as the agent and representative of the Utility. 14. JURISDICTION. Any action in Court against the Contractor or sureties on his bond because of damages to property or individuals by said Contractor 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 Utility has been filed and approved by the Board of Trustees. 16. UTILITY'S LEGAL RIGHTS. The Utility 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 Utility 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 Utility 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 Utility, 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. GENERAL SPECS FOR CONSTRUCTION CONTRACT 1094 Page 15 of 15 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 UTILITY The Utility, 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 Utility 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 Utility 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 sentence, 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 Utility 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 Utility. 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 FOR THE CONSTRUCTION OF FY 2023 DROPS AND INSTALLATION OF A FIBER -TO -THE -PREMISE NETWORK CITY OF WATERLOO, IOWA CONTRACT NO. 1094 This contract made and entered into this day of , 20 , by and between the Municipal Telecommunications Utility of the City of Waterloo, Iowa, a Municipal Utility, (hereinafter referred to as City), and of, (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 Contractor agrees to build and construct the FY 2023 DROPS AND INSTALLATION OF A FIBER -TO - THE -PREMISE NETWORK 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 Utility, 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, Payment and Maintenance Bond H. General Specifications for Construction I. Bid and Unit Pricing Matrix J. Design Plots and Splicing Diagrams K. General Drops and Installation for FTTP Network Guidelines L. Notice to Proceed 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 Utility, together with such additional Drawings which may be furnished by the Utility 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 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 Utility. PAR. 3 PAR. 4 PAR. 5 PAR. 6 PAR. 7 PAR. 8 PAR. 9 PAR. 10 PAR. 11 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 Utility . The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the Utility which has been accepted by the Utility and which is by reference made a part of this contract. The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before December 31, 2026 unless an extension of time is granted in writing by the Board of Trustees. If the work is not completed within the specified contract period, plus authorized extensions, the Contractor shall pay to the Utility 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. 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 Utility 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. The Contractor agrees to comply with and obey all ordinances of the Utility 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 Utility whole and defend any and all suits that may be brought against the Utility 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. The Contractor agrees that in the event a law suit is brought against the Utility 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 Utility harmless therein, and in case judgment is rendered against the Utility, 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 Utility and those who use the streets of the Utility. The Utility 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 Utility . 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 Utility r. The Contractor shall maintain no cause of action against the Utility on account of delays and prosecution of work, but if said work is delayed by the Utility, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the Utility. 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 Utility need PAR. 13 PAR. 14 not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the Utility shall not be liable for said labor, material, or men under this contract. The Contractor agrees to furnish the Utility, simultaneously with this contract, a bond on a form to be provided by the Utility in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the Utility, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the Utility Clerk and shall be subject to the approval of the Board of Trustees, and is by reference made a part ofthis contract. 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 Utility, or after such notice has been served on it, then the Utility 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 Utility for the costs and expenses so paid out. Said costs shall be retained by the Utility from any compensation due, or to become due the Contractor, and may be recovered by the Utility 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 Utility 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 Utility. PAR. 16 The total amount of the contract, based on the 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 Utility 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 Board of Trustees, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. PAR. 20 PAR. 21 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 Board of Trustees of the Municipal Telecommunications Utility. Said maintenance shall be made without expense to the Utility 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 Board, 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 Utility 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. The Contractor shall give notice to said Utility by registered letter directed to the Chair of the Board of Trustees of the Municipal Telecommunications Utility 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 Utility, and, in any event, until two (2) years after the acceptance of the work. MUNICIPAL TELECOMMUNICATIONS UTILITY OF THE CITY OF WATERLOO, IOWA Board Chair Board Clerk Contractor BY: Title: Approved by the Board of Trustees of the Municipal Telecommunications Utility of the City of Waterloo, Iowa, this day of , 20 . ATTEST: , Board Clerk Municipal Telecommunications Utility of 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 the Municipal Telecommunications Utility of the City of Waterloo, Iowa , 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, fluffily 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: DROPS AND INSTALLATION OF A FIBER -TO -THE -PREMISE NETWORK, CONTRACT NO. 1094 The improvement includes the installation of fiber premise drops in support of the launch of Waterloo Fiber, City's broadband Internet utility. Waterloo Fiber provides data, video, and telephony services to businesses, homes, and community institutions within the City of Waterloo ("Service Area'). City is in the process of building a feeder/distribution network for a Fiber -to -the -Premise (FTTP) network initially capable of offering a 10 Gbps infrastructure to support wholesale and retail broadband data services. Current design encompasses approximately 25,000 residential and 2,400 commercial and community anchor passings. Based on uptake projections, there will be an expected minimum of 6,300 drop installations over three years. The actual count of premise drop installations will fluctuate up or down due to events like new constructions or differing uptake rate. (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 keep all work in continuous good repair; and C. 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. (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 that 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. (CON'T — PERFORMANCE, PAYMENT, AND MAINTENANCE BOND) PRINCIPAL: SURETY: Project No. Contractor Surety Company By By Signature Signature Attorney -in -Fact Officer Title Printed Name of Attorney -in -Fact Officer FORM APPROVED BY: NOTE: Company Name Attorney for Jurisdiction Company Address City, State, Zip Code Company Telephone Number 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. NETWORK ENGINEERING CONSULTING AGREEMENT October 3, 2023 BETWEEN: Fuse Technic, LLC PO Box 282 Cedar Falls, IA 50613 AND: FUSE TECHNIC CONTACT: Waterloo Fiber 715 Mulberry St Waterloo, IA 50703 Ben Stineman (bstineman@fusetechnic.com) +1(319) 830-6258 [voice/sms] SERVICES SCOPE Fuse Technic will provide Waterloo Fiber with network and infrastructure architecture & engineering services pertaining to the design, startup and operation of the communications utility in coordination with other firms involved (Magellan, ePlus, et al). Consulting services include but are not limited to: • ISP Network Architecture & Engineering o Network topology design, design review, software/hardware procurement, implementation and documentation for edge, core and fiber to the premises networks to support "triple -play" services. o Internet number resource registration and management (ARIN) - ASN / IPv4 / IPv6. o Internet transit peering planning and coordination. o Transport planning and design. o DDI architecture (DNS, DHCP, IPAM). o CGNAT architecture & strategy. • ISP Infrastructure, Monitoring, Trending and Accounting o OSS/BSS/EMS Integration - Design, requirements, procurement and implementation/integration of the Element Management Systems and Billing Systems for the operation of the ISP. o Design, software/hardware procurement, installation, and configuration of software platforms to facilitate trending, monitoring and alerting of the communications infrastructure. • Hiring/Staff o Technical assessment and evaluation of candidates being interviewed to fill permanent ISP staff roles. o Training & mentoring of staff in the operation of an Internet Service Provider. • Facilities o Design and implementation of Network Operations Center (NOC). o Design of data center room layouts for headend/CO and hub sites. o Specification, procurement assistance, and configuration of IT/network power systems and environmental monitoring of data rooms. • Compute / Systems Administration o Implementation (design, software/hardware procurement, installation, and configuration) of virtual compute platform to accommodate software applications and services that pertain to the operation of the communications utility. Changes to this scope shall be communicated in written form from Waterloo Fiber to Fuse Technic, LLC. Fuse Technic - Waterloo Fiber I Network Consulting Agreement I Oct 3, 2023 1 of 3 TERM The initial term will be October 9, 2023 through December 31, 2023. Services following this term may be renegotiated if needed. Either party may terminate this contract at any time for any reason by giving at least thirty (30) days notice in writing to the other party. If the contract is terminated as provided herein, Fuse Technic will be paid a fair payment as negotiated for the work completed as of the date of termination. Additionally, upon termination, Waterloo Fiber shall retain ownership in or will be granted possession or ownership of all deliverables performed prior to the date of termination. Fuse Technic, LLC, agrees to work cooperatively with the Waterloo Fiber upon termination to ensure that all necessary ownership and possession is secured. COMPENSATION Work will be billed hourly at the rate of $175/hr. Invoices will be sent digitally (pdf) via email on the first business day of the month for the previous billing period. Payment is to be remitted within 30 calendar days via ACH (preferred) or paper check mailed to the PO Box above. TIME CONSTRAINTS Invoices are not to exceed 40 billed hours in a monthly billing cycle unless otherwise negotiated due to project deadlines or other time constraints. SERVICE LOCATION The consulting services in this agreement will be performed at locations of the consultant's discretion. Fuse Technic will schedule any needed on -site work with Waterloo in coordination with the other firms involved. INDEPENDENT CONTRACTOR Fuse Technic, LLC and its agents will operate as independent contractors to Waterloo Fiber in the performance of its duties under this agreement. EMPLOYMENT OF OTHERS If during the course of this agreement it is determined that additional firms, consultants or contractors are needed to complete the duties of this agreement, Waterloo Fiber will assume all costs of the additional consultants or contractors. In no event will additional firms be employed to carry out the scope,original or otherwise agreeably amended, of this agreement without prior authorization by both parties. CONFIDENTIALITY & NON -DISCLOSURE Fuse Technic, LLC and Waterloo Fiber agree that any confidential or sensitive business information exchanged during the course of the work outlined in this agreement will not be disclosed to a 3rd party unless required to do so by law or unless otherwise formally authorized - such as with business partners. Fuse Technic - Waterloo Fiber I Network Consulting Agreement I Oct 3, 2023 2 of 3 INDEMNIFICATION a) Indemnification by the Client: Waterloo Fiber (The Client) shall indemnify, defend and hold harmless Fuse Technic, LLC and its representatives against any and all losses, claims, damages, liabilities and expenses (including reasonable costs of legal fees), in addition to any liability the Client may otherwise have, arising out of, related to or based upon any violation of law, rule or regulation by the Client. b) Indemnification by the Consultant: Fuse Technic, LLC (The Consultant) shall indemnify, defend and hold harmless Waterloo Fiber and its representatives against any and all losses, claims, damages, liabilities and expenses (including reasonable costs of legal fees), in addition to any liability the Client may otherwise have, arising out of, related to or based upon: i) Any breach by the Consultant of any representation or warranty contained in this agreement; or ii) Any violation of law, rule or regulation by the Consultant. c) Actions Relating to Indemnity: If any action or claim shall be brought or asserted against a party entitled to indemnification under this Agreement or any person controlling such party and in respect of which indemnity may be sought from the party obligated to indemnify the Indemnified Party pursuant to this section, the Indemnified Party shall promptly notify the Indemnifying Party in writing and, the Indemnifying Party shall assume the defense thereof, including the employment of legal counsel and the payment of all expenses related to the claim against the Indemnified Party or such other controlling party. If the Indemnifying Party fails to assume the defense of such claims, the Indemnified Party or any such controlling party shall have the right to employ a single legal counsel, reasonably acceptable to the Indemnifying Party, in any such action and participate in the defense thereof and to be indemnified for the reasonable legal fees and expenses of the Indemnified Party's own legal counsel. d) This Section shall survive any termination of this Agreement for a period of three (3) years from the date of termination of this Agreement. Notwithstanding anything herein to the contrary, no Indemnifying Party will be responsible for any indemnification obligation for the gross negligence or willful misconduct of the Indemnified Party. INSURANCE General and Professional Liability Insurance policy documents available on completion of this agreement. AGREEMENT EXECUTION By signing below, the parties stated in this agreement acknowledge the acceptance of this proposal. Waterloo Fiber Authorized Signature Date Printed name of above signed Fuse Technic, LLC Authorized Signature Date Printed name of above signed Fuse Technic - Waterloo Fiber I Network Consulting Agreement I Oct 3, 2023 3 of 3 WaterlooFibe' Public Records Request Policy Statement of Policy The purpose of this policy is to implement the provisions of Iowa Code Chapter 22 by assisting citizens requesting examination of public records and to employees in fulfilling those requests. The goal is to facilitate broad access to public records and assure that responses to open records requests are made appropriately and timely. Parameters Waterloo Fiber is committed to the concept of open government exemplified by Iowa Code Chapter 22. Records deemed confidential pursuant to Iowa Code Section 22.7, or other applicable statutes, are not required to be released in response to a request. In addition, Waterloo Fiber is not required to permit access to data processing software developed by the utility or a non -government body and used by the utility. Other portions of federal law may govern access to public records. Any changes to Iowa Code Chapter 22 shall supersede provisions of this policy. Website Many records (i.e., reports, budget information, agendas, minutes, and resolutions) are in the public domain and can be viewed and printed from the utility's website without submitting a request to access the records. Computers with internet access are available at the Waterloo Public Library, located at 415 Commercial Street. Custodian of Records For the purposes of this policy, Custodian means the person lawfully designated by Waterloo Fiber to act for the utility in implementing Iowa Code Chapter 22. The Custodian will coordinate the response to all requests and may designate an employee to assist with completing a request. All employees and board members must immediately direct all public records requests to the Custodian. Making a Request for Public Records Citizens may submit requests for access to public records in any format but are encouraged make requests in writing using the Waterloo Fiber Public Records Request form. Unless otherwise required by law, anyone may make a request for public records without providing identification, reason, or motive for the request. The custodian shall not require the physical presence of a person requesting or receiving a copy of a public record. Availability of Records Public records will be available for public examination and/or copying during customary office hours, which are 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding designated holidays. Information Needed for Processing an Open Records Request The Custodian must know the full extent of the request and how to contact the Requestor in order to process a records request in a timely manner. Descriptions of the records sought by the Requestor must be specific. Requestors should note that the Utility of Waterloo is not required to generate records that do not already exist. The Custodian shall determine whether the request is routine or non -routine based on the criteria listed below. Responding to Routine Records Request Records requests requiring up to fifteen minutes of total work time to fulfill the request shall be considered routine. Fees for routine request are limited to the actual cost of record duplication. All fees must be paid prior to receiving the requested record. Responding to Non -Routine Records Request Records requests estimated to take longer than fifteen minutes to complete shall be considered non - routine. The first fifteen minutes of employee labor required to fulfill the request will not be waived. The Custodian shall make a good faith estimate of the time and cost, including employee labor, to retrieve and copy the requested records. An estimate of the cost shall be made in writing and provided to the Requestor prior to commencing work on the request. Requests for employee or board member emails or text messages are considered non -routine. The Requestor is encouraged to include a date range, topics to search in emails, and note if sent and/or received emails of an account are requested. Emails or text messages that meet the search parameters will be provided to the Requestor as a photocopy. Time Allotted for Confidential Records and Research Iowa Code allows for a delay of twenty calendar days if it is necessary to consult with legal counsel regarding whether a record is confidential; however, the delay should normally take no longer than ten business days. If the delay is expected to go beyond 10 business days, this will be communicated to the Requestor. If research is required, immediate access to records may be affected by good faith efforts to identify and locate the correct records, or determine whether the request seeks disclosure of confidential records. The requesting party will be notified by the Custodian if any delays are experienced or expected. Redaction of a Record The Custodian may redact from a record any information that is confidential under state or federal law. The reason for a redaction will be noted by the Custodian in a letter to the Requestor. Formatting Records A record will be made available in the format in which it is readily accessible to the utility, provided the format is usable with commonly available data processing or database management software. If the Utility chooses to provide the record in a different format for the requestor, the utility may charge the reasonable costs of any required processing, programming, or other work required to produce the public record in the specific format in addition to any other actual costs allowed. Security of Record No person, with exception of the Custodian, may remove any record from the Utility of Waterloo's files or remove any record from utility property. Examination of records will be supervised by the Custodian or a designee. Calculation of Fees and Amounts Due The fee for document retrieval, review, and duplication will be calculated based on the following criteria: A. The cost to duplicate utility records will be calculated based on fees set forth in the Schedule of Fees Exhibit A). B. The Requestor will not be billed for the first fifteen minutes of labor for document retrieval and review services for routine requests. C. The first fifteen minutes of employee labor required to fulfill a non -routine request will not be waived. D. The wage of the Custodian, designee, or any other employee used in document location, identification, and duplication shall be itemized and billed in fifteen -minute increments. E. The wage of the Custodian, designee, or any other employee reviewing the documents for relevance or redactions due to confidentiality will be billed in fifteen -minute increments. F. The time the Custodian, designee, or any other employee supervises the Requestor while viewing documents will be billed in fifteen -minute increments. G. Fifty percent of the estimated cost of a request shall be payable prior to commencing work on a request. The Custodian must receive full payment prior to releasing the requested documents. H. The cost to copy records to a DVD/CD/USB will be calculated as the cost of the document plus the cost of the CD/DVD/USB. Labor charges, if applicable, shall be in addition to this cost. Exhibit A Schedule of Fees The Schedule of fees constitutes the actual cost of the reproduction of a utility record. Labor charges may be applied in addition to the fees listed below. Record Type Photocopy 8.5x11 8.5x14 CD/DVD of copied records USB Storage Device Fee $0.25 $0.25 $10.00 $10.00 Exhibit B Waterloo FIBER Waterloo Fiber Public Records Request Form Requestor Information Name: Date: Mailing Address: Phone Number: Email Address. Request Please be as specific as possible; include names, dates, document type, topic, resolution and ordinance numbers, project names, sent and/or received emails, key search words, etc. Iowa Code Chapter 22 gives every citizen the right to examine public records and to copy those records unless the record is exempt according to provisions of said chapter. Waterloo Fiber staff should not be expected to abandon or neglect their regular public duties to comply with record requests and thus need sufficient time to make and deliver any requested information. If the requested material potentially contains confidential information or is otherwise exempt from disclosure, additional time may be required for review and possible redacting of the material. All requests will be processed in accordance with applicable procedures and rules. Note: If a deposit is required, no work will begin on the request until a deposit of 50% of the estimated cost is received. CITY Change Order Request �--i�� Change Order Type Retainage Change Order Name: Construction Contractor Name (Attn) Magellan Project Manager: Client/Owner (Attn) OF ENTRNS UST SOOUP and To Bidders ($2,120,308.32) 8/11/2023 TERLOO IOWA Community of Opportunity Turnkey Will Be Subject To The Withholdings No Specification Manual - Notice Payment To Contractors CR-2023-001 Change Order Cost: ITG Request Date: Warren Lyon PM Broadband Requested By: Implementation City of Waterloo/Waterloo Magellan Sign -Off Fiber Magellan Release Set Forth In The Section: Methods of Warren Lyon PM Broadband Implementation Gene Allred Director of Construction Change Request Overvie Description of Change (include location) The following Change Order has been created to account for the reduction of material pricing that was submitted on the original ITG s Bill of Material (BOM). Reason for Change Material pricing changes from original BOM submittal. ITG updated material pricing on CommScope Micro Enclosures. Material Submittals/ Specifications Material pricing has been provided by ITG Communication. Original BOM quantities and pricing has been used to estimate the reduction in pricing. Reduction in pricing for CommScope CSC100 Micro Closures ($173.51) and CommScope CSC150 Micro Closures (164.05) cost per each unit. Labor Description Qty/Phase 0 Unit Type Price/Phase 0 Total Price $0.00 $0.00 $0.00 $0.00 imp - Material Description CommScope CSC100 Micro Closure 10002 EA ($173.51) ($1,735,447.02) CommScope CSC150 Micro Closure 2346 EA ($164.05) ($384,861.30) TOTAL: ($337.56) ($2,120,308.32) Location Work Order # Itemized Breakdown of Work Description Quantit 1 nit Price Amount Labor $ $ CR Labor Subtotal $ - Materials CommScope CSC100 Micro Closure Reduction in pricing for CommScope CSC100 Micro Closures ($173.51). Original BOM pricing $238.74, updated pricing on 8/10/23 to $65.23 cost per each unit. 10,002 $ (173.51) $ (1,735,447.02) CommScope CSC150 Micro Closure Reduction in pricing for CommScope CSC150 Micro Closures (164.05). Original BOM pricing $246.00, updated on 8/10/23 to 81.95 cost per each unit. 2,346 $ (164.05) $ (384,861.30) CR Materials Subtotal $ (2,120,308.32) *** TOTAL CR COST (2,120,308.32) Approvals Magellan Sign -Off Print Name / Title: Signature: Date: Gene Allred / Director of Construction ffe.,,,,2, ,elegl.az 8/14/2023 Contractor Manager (not needed for design change requests) Print Name / Title: Signature: Date: Bryan Siebenberg VP of Operations 5r,p 3'‘,.2.eo,ii-ef- 8/14/23 Client/Owner (Attn) Print Name / Title: Signature: Date: Jamie Knutson, P.E. City Engineer 08/14/2023 CITY Change Order Request IWIATERLOO C� Change Order Typ Retainage Change Order Name: Construction Contractor Name (Attn) Magellan Project Manager: OF yawn � Subject To The Withholdings Manual - Notice To Order Cost: Date: By: EL' TRUST SOLUTIONS GROUP and Bidders ($92,826.47) a.ommumcy Mir or upporrunay , I Will Be Specification To Contractors Change Request Requested - Release Set Forth In The Section: Methods of Payment 9/15/2023 Warren Lyon PM Broadband Implementation No CR-2023-0002 ITG Warren Lyon PM Broadband Implementation City of Gene Allred Client/Owner (Attn) Waterloo/Waterlo o Fiber Magellan Sign -Off Director of Construction Change Request Overview The following Change Order has been created to account for an adjustment in grounding and Description of Change (include location) marker post labor and material. Propsed changes to include grounding at all T's and Deadends and installing Marker Posts with test station at all BB vaults (10 Marker posts per LCP). Reason for Change Change in design to include grounding at T's and Deadends and installing Marker Posts with test station at all BB vaults (10 Marker posts per LCP). Labor and material quantities have been confirmed by Magellan. Original BOM volume and pricing has been used to calculate the increase or reduction in pricing, where applicable. Reduction in labor quantites for 3.5" Dia PVC Round Marker Posts with Orange Dome Top (- 3,646), 3.5" Dia PVC Round Marker Posts with Orange Dome Top with Test Station (937), New Material Submittals/ Specifications Splice Case & Prep Cable (150), and Small Vault, 13" x 24" (150). Increase in labor quantity for 5/8"x8' Copper Clad Ground Rod 5.044. Reduction in material quantites for 3.5" Dia PVC Round Marker Posts with Orange Dome Top (-5,646), 3.5" Dia PVC Round Marker Posts with Orange Dome Top with Test Station (937), New Splice Case & Prep Cable (150), and Small Vault, 13" x 24" (150). Increase in labor quantity for 5/8"x8' Copper Clad Ground Rod 5.044. Labor Description Qty/Phase 0 Unit Type Price/Phase 0 Total Price Install 3.5" Dia PVC Round Marker Posts with Orange -5,646 EA $25.00 ($141,150.00) Dome Top Install 3.5" Dia PVC Round Marker Posts with Orange -937 EA $65.00 Dome Top with Test Station ($60,905.00) Insta11 5/8"x8' Copper Clad Ground Rod 5,044 EA $52.00 $262,288.00 Install New Splice Case & Prep Cable -150 EA $200.00 ($30,000.00) Installation, Small Vault, 13" x 24" (Composite) -150 EA $150.00 ($22,500.00) Material Description Qty/Phase 0 Unit Type Price/Phase 0 Total Price 3.5" Dia PVC Round Marker Posts with Orange Dome Top, 8 ft. in length -5,646 EA $16.33 ($92,199.18) 3.5" Dia PVC Round Locate Posts with Orange "Top 937 EA $31.55 ($29,562.35) Hat", 8 ft. in length with shorting straps 5/8"x8' Copper Clad Ground Rod 5,044 EA $16.24 $81,914.56 Commscope CSC100 Micro Closure -150 EA $65.23 ($9,784.50) Small Vault, 13" x 24" - Composite -150 EA $339.52 ($50,928.00) TOTAL: $960.87 ($92,826.47) Location Work Order #II Labor Insta11 3.5" Dia PVC Round Itemized Breakdown of Work Description Quantity Unit Price • Amount Marker Posts with Orange Dome To • Reduction in labor for Marker Posts (5,646). Original BOM labor was 6,946, updated quantity on 9/15/23 to 1,300. -5,646 $ 25.00 $ (141,150.00) Insta11 3.5" Dia PVC Round Marker Posts with Orange Dome To • with Test Station Reduction in labor for Marker Posts w/Test Station (937). Original BOM labor was 2337, updated quantity on 9/15/23 to 1,400. 937 $ 65.00 $ (60,905.00) Install 5/8"x8' Copper Clad Ground Rod Increase in labor for Ground Rod 5,046. Original BOM labor was 1,356, updated quantity on 9/15/23 to 6,400. 5,044 $ 52.00 $ 262,288.00 Install New Splice Case & Prep Cable Reduction in labor for splice case & prep cable (150), Original BOM labor was 150, updated quantity on 9/15/23 to 0. -150 $ 200.00 $ (30,000.00) Installation, Small Vault, 13" x 24" (Composite) Reduction in labor for small vault 13" x 24" (150). Original BOM labor was 150, updated quantity on 9/15/23 to 0. -150 $ 150.00 $ (22,500.00) ` *** CR Labor Subtotal 7,733.00 Materials 3.5" Dia PVC Round Marker Posts with Orange Dome Top, 8 ft. in len • th Reduction in quantity for Round Marker Posts (5,646). Original BOM quantity was 6,946, updated quantity on 9/15/23 to 1,300. -5,646 $ 16.33 $ (92,199.18) 3.5" Dia PVC Round Locate Posts with Orange "Top Hat", 8 ft. in len th with shortin stra • s Reduction in quantity for Marker Posts w/Orange "Top Hat" (937). Original BOM quantity was 2337, updated quantity on 9/15/23 to 1,400. -937 $ 31.55 $ (29,562.35) '•' ' ' •. .. Increase in labor for Ground Rod 5,044. Original BOM labor was 1,356, 5,044 $ 16.24 $ 81,914.56 Commscope CSC100 Micro Closure Reduction in labor for splice case & prep cable (150), Original BOM labor was 150, updated quantity on 9/15/23 to 0. -150 $ 65.23 $ (9,784.50) ' ' Reduction in labor for small vault 13" x 24" (150). Original BOM labor was -150 $ 339.52 $ (50,928.00) CR Materials Subtotal $ (100,559.47) *** TOTAL CR COST (92,826.47) Approvals Magellan Sign -Off Print Name / Title: Signature: Date: Gene Allred / Director of Construction a..)-y,2_ ,elegbe.d" 9/19/2023 Contractor Manager (not needed for design change requests) Print Name / Title: Signature: Date: Bryan Siebenberg / VP of Operations .e7„a41.- c51.0-S241.412/1"- 9/19/2023 Client/Owner (Attn) Print Name / Title: Signature: Date: Jamie Knutson 09/20/2023 CITY Change Order Request t-J��TERLOO Change Order Tya Retainage Change Order Name: Construction Contractor Name (Attn) Magellan Project Manager: Client/Owner (Attn) OF ENTRUST Magellan Community Turnkey of OPP« Will Be Subject To The Withholdings and Release Set Forth In The Specification Manual - Notice To Bidders Section: Methods of Payment To Contractors Change Order Cost: ($878,877.12) Request Date: 9/27/2023 Warren Lyon Requested By: PM Broadband Implementation Gene Allred Magellan Sign -Off Director of Construction No CR-2023-0003 ITG Warren Lyon PM Broadband Implementation City of Waterloo/Waterl 0o Fiber Change Request Overview Description of Change (include location) The following Change Order has been created to account for: 1. A reduction on Unit Type material pricing that was submitted on the original ITG's Bill of Material (BOM) for the 288 & 432 Splitter Cabinets (Units #272 & #273). 2. An error on Unit Type material pricing that was submitted on the original ITG's Bill of Material (BOM) for 13"x24" Small Vault (Unit #207). Reason for Change Material Submittals/ Specifications Labor Description 1. Cabinets - Alternate proposed by ITG for Magellan and Waterloo cabinet alternatives. 2. Vaults - Unit Type incorrect Unit Type bid. 1. Cabinets - Unit Type quantities and the difference and $8,549.32, 288 & $5,480.16 and & $6,889.50, reduction in cost. Reduction unit and for the 432 2. Vaults - Correct Unit Communication. Original material pricing $408.05 calculate the reduction for Alternate C ($68.53) manufacturer's reduced pricing and improved lead times were the 288 & 432 Splitter Cabinets; replacing Clearfield with CommScope. Fiber vetted the specs and approved the proposed CommScope material pricing error from original BOM submittal. ITG used the material pricing on Small Vault, 13" x 24"- Composite for Alternate C in material pricing has been confirmed by ITG. Original BOM between the original BOM Unit Type material pricing $5,681.29 432 cabinets respectively, and the proposed Unit Type material pricing for the 288 & 432 cabinets respectvley, will be used to calculate the in pricing for the 288 Splitter Cabinet ($201.13) cost per each Splitter Cabinet ($1,659.82) cost per each unit. Type material pricing $339.52 has been confirmed by ITG BOM quantities and the difference between incorrect Unit Type and correct Unit Type material pricing $339.52 will be used to in cost. Reduction in pricing for the Small Vault, 13" x 24" - Composite cost per each unit. Qty/Phase 0 Unit Type Price/Phase 0 Total Price $0.00 Material Description 288F Pad mounted FDH Splitter Cabinet 129 EA ($201.13) ($25,945.77) 432F Pad mounted FDH Splitter Cabinet 5 EA ($1,659.82) ($8,299.10) Small Vault, 13" x 24" - Composite 12325 EA ($68.53) ($844,632.25) TOTAL: ($1,929.48) ($878,877.12) Location Work Order # Itemized Breakdown of Work Description Quantity Unit Price Amount Labor $ $ $ *** CR Labor Subtotal $ - Materials 288F Pad mounted FDH Splitter Cabinet Reduction in pricing for CommScope 288 Splitter Cabinet 0201.13). Original BOM pricing for Clearfield 288 Splitter Cabinet is $5,681.29 per unit, updated pricing for CommScope 288 Splitter Cabinet is $5,480.16 . er unit. 129 $ (201.13) $ (25,945.77) 432F Pad mounted FDH Splitter Cabinet Reduction in pricing for CommScope 432 Splitter Cabinet 01,659.82). Original BOM pricing for Clearfield 432 Splitter Cabinet is $8,549.32 per unit, updated pricing for CommScope 432 Splitter Cabinet is $6,889.50 . er unit. 5 $ (1,659.82) $ (8,299.10) Small Vault, 13" x 24" - Composite Reduction in pricing for 13"x24" Small Vault 068.53). Original BOM Alternate C pricing $408.05 per unit, updated pricing to $339.52 per unit. 12,325 $ (68.53) $ (844,632.25) CR Materials Subtotal $ (878,877.12) *** TOTAL CR COST (878,877.12) Approvals Magellan Sign -Off Print Name / Title: Gene Allred / Director of Construction Signature: y. 4EgILoZ Date: 9/27/2023 Contractor Manager (not needed for design change requests) Print Name / Title: Signature: Date: Print Name / Title: Signature: Bryan Siebenberg / VP of Operations .7,a.of., 3"/..i.ed4-46ei- 9/28/2023 Jamie Knutson, P.E. City Eneer **End** CITY Change Order Request L.Ji Change Order Type Retainage ■ OF TERLOO TRUST SOLUTIONS GROUP n Community !Turnkey rnkey of Opportunity Will Be Subject To The Withholdings and Release Set Forth In The Specification Manual - Notice To Bidders Section: Methods of Payment To Contractors Change Order Cost: $8,092.00 Request Date: 9/27/2023 Michael Regan Requested By: PM Broadband Implementation Warren Lyon Magellan Sign -Off Director of Implementation No Change Order Name: Construction Contractor Name (Attn) Magellan Project Manager: t/Owner (Attn) r CR-2023-0004 CellSite Solutions Michael Regan PM Broadband Implementation City of Waterloo/Waterl 0o Fiber Change Request Overview Description of Change (include location) The following Change Order has been created to account for missing sales tax in the awarded RFP/quote from CellSite Solutions for the 12'x20' Previously Deployed Andrew Concrete Shelter. Reason for Change Sales tax was not included in the original bid quote. Material Submittals/ Specifications Correct total pricing $129,592.00 has been confirmed by CellSite Solutions. Original RFP/quote $121,500.00 did not include applicable sales tax of $8092.00 for the 12'x20' shelter. Labor Description Qty/Phase () Unit Type Price/Phase () Total Price $0.00 $0.00 $0.00 $0.00 Material Description 12'x20' Previously Deployed Andrew Concrete Shelter 1 EA $8,092.00 $8,092.00 EA $0.00 EA $0.00 TOTAL: $8,092.00 $8,092.00 Location Work Order # Itemized Breakdown of Work Description Quantity Unit Price Amount Labor S - -- S - *** 4.11CR Labor Subtotal $ Materials 12'x20' Previously Deployed Andrew Concrete Shelter Increase of $8092.00 in pricing for 12'x20' Previously Deployed Andrew Concrete Shelter. Original pricing $121,500.00, updated pricing on 9/27/23 to $129,592.00. 1 $ 8,092.00 $ 8,092.00 $ $ *** CR Materials Subtotal $ 8,092.00 *** TOTAL CR COST 8,092.00 Approva IMagellan Sign -Off Print Name / Title: Signature: Date: Warren Lyon Director of Implementation a.a.4.24241.-• ,Z_"5-4, 10/2/2023 Contractor Manager (not needed for design change requests) Print Name / Title: Signature: Date: Mat Hennings, CFO 10/2/2023 Client/Owner (Attn) 1 Print Name / Title: Signature: **End** Eric Lage / General Manager -'Lze- Lar- WATERLOO TELECOMMUNICATIONS UTILITY, INDEPENDENT CONTRACTOR SERVICES AGREEMENT THIS INDEPENDENT CONTRACTOR SERVICE AGREEMENT ("Agreement") is between Waterloo Telecommunications Utility established under Iowa Code Chapter 388 ("Utility" and "Client") and SmartSource Consulting, LLC, an Iowa limited liability company (the "Contractor"). 1. ENGAGEMENT OF SERVICES. Utility may issue Project Assignment(s) in the form attached as Exhibit A. Subject to the terms of this Agreement, Contractor will, to the best of its ability, render the services set forth in Project Assignment(s) accepted by Contractor (the "Project(s)") by the completion dates set forth therein. The manner and means by which Contractor chooses to complete the Projects are in Contractor's sole discretion and control. Contractor agrees to exercise the highest degree of professionalism, and to utilize its expertise and creative talents in completing such Projects. In completing the Projects, Contractor agrees to provide its own equipment, tools, and other materials at its own expense, unless otherwise set forth in Exhibit A. Utility will make its financial information, facilities and equipment available to Contractor when necessary. Contractor shall perform the services necessary to complete the Projects in a timely and professional manner consistent with industry standards, and at a location, place and time which the Contractor deems appropriate. Contractor may not subcontract or otherwise delegate its obligations under this Agreement without Utility's prior written consent. Before any Contractor employee or consultant performs services in connection with this Agreement, the employee or consultant and Contractor must have entered into a written agreement expressly for the benefit of Utility concerning Confidentiality, Trade Secrets, and Assignment of Intellectual Property (attached hereto as Exhibit B), incorporated by reference. 2. COMPENSATION. Utility will pay Contractor a fee for services rendered under this Agreement as set forth in the Project Assignment(s). Contractor will not be reimbursed for any expenses incurred in connection with the performance of services under this Agreement except as expressly set forth in Exhibit A provided Contractor submits verification of such expenses as Utility may require. Upon termination of this Agreement for any reason, Contractor will be paid fees and expenses on a proportional basis as stated in the Project Assignment(s) for work which is then in progress, to and including the effective date of such termination. Unless other terms are set forth in the Project Assignment(s) for work which is in progress, Utility will pay the Contractor for services and (if applicable) will reimburse the Contractor for previously approved expenses within thirty (30) days of the date of Contractor's invoice. 3. INDEPENDENT CONTRACTOR RELATIONSHIP AND TAX INDEMNIFICATION. Contractor's relationship with Utility will be that of an independent contractor and nothing in this Agreement should be construed to create a partnership, joint venture, or employer -employee relationship. Contractor is not the agent of the Utility and is not authorized to make any representation, contract, or commitment on behalf of Utility without prior express written consent. Contractor will not be entitled to any of the benefits which the Utility may make available to its employees, such as group insurance, profit sharing or retirement benefits. Contractor will be solely responsible for all tax returns and payments required to be filed with or made to any federal, state or local tax authority with respect to Contractor's performance of services and receipt of fees under this Agreement. The Utility will regularly report amounts paid to Contractor by filing Form 1099- MISC and/or other appropriate form with the Internal Revenue Service as required by law. Because Contractor is an independent contractor, the Utility will not withhold or make payments for social security; make unemployment insurance or disability insurance contributions; or obtain worker's compensation insurance on Contractor's behalf. Contractor agrees to accept exclusive liability for complying with all applicable state and federal laws governing self-employed individuals, including obligations such as payment of taxes, social security, workers' compensation unemployment insurance, disability and other contributions based on fees paid to Contractor, its agents or employees under this Agreement. Contractor hereby agrees to indemnify and defend Utility against any and all such taxes or contributions, including penalties and interest. Contractor is free to enter any contract to provide services to other Cities, Utilities and business entities, except any contract which would induce Contractor to violate this Agreement. SmartSource Consulting, LLC Independent Contractor Services Agreement 4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor hereby represents and warrants that (a) the Work Product (as defined in Exhibit B) will be an original work of Contractor and any third parties will have executed assignment of rights reasonably acceptable to the Utility; (b) neither the Work Product nor any element thereof will infringe the Proprietary Rights of any third party; (c) neither the Work Product nor any element thereof will be subject to any restrictions or to any mortgages, liens, pledges, security interests, encumbrances or encroachments; (d) Contractor will not grant, directly or indirectly, any rights or interest whatsoever in the Work Product to third parties; (e) Contractor has full right and power to enter into and perform this Agreement without the consent of any third party; (f) Contractor will take all necessary precautions to prevent injury to any persons (including employees of Utility) or damage to property (including Utility property) during the term of this Agreement; (g) should the City or Utility permit Contractor to use any of its equipment, tools, or facilities during the term of this Agreement, such permission shall be gratuitous and Contractor shall be responsible for any injury to any person (including death) or damage to any property arising out of use of such equipment, tools or facilities, whether or not such claim is based upon its condition or on the alleged negligence of the Utility in permitting its use; (h) Contractor is familiar with and will comply (and ensure compliance) with all applicable laws, including, without limitation, employment discrimination and harassment, and federal and state laws governing payment of wages; and (i) Contractor warrants that if any governmental agency determines Contractor to be a common law employee, Contractor will make no private claim for any benefits or compensation provided to employees of the City or Utility. 5. INDEMNIFICATION. Contractor will indemnify and hold harmless the Utility, its officers, directors, employees, sublicensees, customers and agents from any and all claims, losses, liabilities, damages, expenses and costs (including actual attorneys' fees and court costs) which result from a breach or alleged breach of any representation or warranty of Contractor (a "Claim") set forth in Section 4 of this Agreement, provided that Utility gives Contractor written notice of any such Claim and Contractor has the right to participate in the defense of any such Claim at its expense. From the date of written notice from the Utility to Contractor of any such Claim, the Utility shall have the right to withhold from any payments due Contractor under this Agreement the amount of any defense costs, plus additional reasonable amounts as security for Contractor's obligations under this Section 5. Contractor, at its sole cost and expense, shall maintain appropriate insurance with (a) Commercial General Liability Broad Form Coverage, including Contractual Liability, Contractor's Protective Liability and Personal Injury/Property Damage Coverage in a combined single limit of not less than $2,000,000, and (b) Business Automobile Liability Policy with a limit per accident of not less than $1,000,000 combined single limit for bodily injury and property damage. A Certificate of Insurance indicating such coverages shall be delivered to Utility upon request. The Certificate shall indicate that the policy will not be changed or terminated without at least 10 days' prior notice to the Utility, upon request shall name Utility as an additional named insured and shall also indicate that the insurer has waived its subrogation rights against the Utility. If applicable, Contractor shall also, at its sole cost and expense, maintain worker' compensation and employer's liability insurance containing minimum statutory limits and the Employer's Liability portion thereof having a minimum limit of $1,000,000 per accident, disease and in the aggregate. 6. TERM; TERMINATION. 6.1 Termination by the City or Utility. The term of this Agreement shall commence upon execution and remain in effect until terminated by the Utility. The Utility may terminate this Agreement at its convenience without cause, and without any breach by Contractor, upon 30 days' prior written notice to Contractor. The Utility may also terminate this Agreement immediately in its sole discretion upon Contractor's breach of this Agreement, Exhibit B and/or Section 6.3. 6.2 Termination by Contractor. Contractor may terminate this Agreement at any time that there is no uncompleted Project Assignment in effect upon 30 days' prior written notice to the Utility. 2 SmartSource Consulting LLC Independent Contractor Services Agreement 6.3 Noninterference with Business. During and for a period of 1 year immediately following termination of this Agreement by either party, Contractor agrees not to solicit or induce any employee or independent contractor to terminate, change, or breach an employment, contractual or other relationship with the Utility. 6.4 Return of Utility Property. Upon termination of the Agreement or earlier as requested by the Utility, Contractor will deliver to the Utility any and all drawings, notes, memoranda, specifications, devices, formulas, and documents, together with all copies, compilations and summaries thereof, and any other material containing or disclosing any Work Product, Third Party Information (as defined in Exhibit B) or Proprietary Information (as defined in Exhibit B) of the Utility. Contractor further agrees that any property situated on Utility's premises and owned by the Utility, including disks and other storage media, filing cabinets or other work areas, is subject to inspection by Utility personnel at any time with or without notice. 7. GENERAL PROVISIONS. 7.1 Governing Law; Public Entity. This Agreement will be governed and construed in accordance with the laws of the State of Iowa. Contractor hereby expressly consents to the exclusive personal jurisdiction of the state and federal courts located in Des Moines, Iowa, for any dispute arising from or related to this Agreement. The substantially prevailing party to any dispute under this Agreement shall be entitled to actual, reasonable attorneys' fees and costs. Contractor acknowledges that the Utility is an Iowa Municipal corporation, subject to the public records (Chapter 22) and open meetings laws (Chapter 21) in the conduct of all of its business. 7.2 Severability. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the other provisions of this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. If moreover, any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, activity or subject, it shall be construed by limiting and reducing it, so as to be enforceable to the extent compatible with the applicable law as it shall then appear. 7.3 Assignment. This Agreement may not be assigned by Contractor without the Utility's consent, and any such attempted assignment shall be void and of no effect. This Agreement may be assigned by Utility in its discretion. 7.4 Notices. All notices, requests and other communications under this Agreement must be in writing, and must be mailed by registered or certified mail, postage prepaid and return receipt requested, or delivered by hand to the party to whom such notice is required or permitted to be given. If mailed, any such notice will be considered to have been given 5 business days after it was mailed, as evidenced by the postmark. If delivered by hand, any such notice will be considered to have been given when received by the party to whom notice is given, as evidenced by written and dated receipt of the receiving party. The mailing address for notice to either party will be the address shown on the signature page of this Agreement. Either party may change its mailing address by notice as provided by this section. 7.5 Injunctive Relief. A breach of any of the promises or agreements contained in this Agreement may result in irreparable and continuing damage to Utility for which there may be no adequate remedy at law, and Utility is therefore entitled to seek injunctive relief as well as such other and further relief as may be appropriate. 7.6 Survival. The following provisions shall survive termination of this Agreement: Exhibit B, Section 4, Section 5 and Section 6.3. 3 SmartSource Consulting LLC Independent Contractor Services Agreement 7.7 Export. Contractor agrees not to export, directly or indirectly, any U.S. source technical data acquired from the Utility or any products utilizing such data to countries outside the United States, which export may be in violation of the United States export laws or regulations. 7.8 Waiver. No waiver by the Utility of any breach of this Agreement shall be a waiver of any preceding or succeeding breach. No waiver by the Utility of any right under this Agreement shall be construed as a waiver of any other right. Utility shall not be required to give notice to enforce strict adherence to all terms of this Agreement. 7.9 Entire Agreement. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between us. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing and signed by the party to be charged. The terms of this Agreement will govern all Project Assignments and services undertaken by Contractor for the Utility. In the event of any conflict between this Agreement and a Project Assignment, the Project Assignment shall control, but only with respect to the services set forth herein. 7.10 Counterparts. This Agreement may be executed in counterparts, both of which when so executed and delivered shall be deemed an original, but such counterparts together shall constitute but one and the same instrument. IN WITNESS WHEREOF, each party has caused this Independent Contractor Services Agreement to be executed by its duly authorized representative. Client Contractor Waterloo Telecommunications Utility SmartSource Consulting, LLC By: By: Curtis Dean (Printed Name) Title: Title: President 9712 Turnpoint Drive West Des Moines, IA 50266 curtis(c�smartsourceconsultinq.com +1(515) 650-0251 [voice/smsj Dated: Dated: 4 SmartSource Consulting LLC Independent Contractor Services Agreement EXHIBIT A PROJECT ASSIGNMENTS AND SCOPE OF WORK SERVICES. Contractor shall provide business planning, project management, and operational strategy support pertaining to the telecommunications utility ("UTILITY"). At a minimum, these services include: • Non -recurring cable TV launch activities Provide options for cable TV channel lineup consistent with Utility budget and philosophy. ➢ Provide options for both robust and "skinny" channel lineups consistent with requirements of agreements. ➢ Develop a programming cost spreadsheet showing current and anticipated future rates for planning purposes. Negotiate direct agreements for programmers without an NCTC master agreement, including retransmission consent agreements for broadcast stations in the Cedar Rapids/Waterloo DMA. ▪ Complete launch paperwork for NCTC and direct agreements. Other tasks associated with the launch of a cable TV system in accordance with local, state, and federal regulations. • Ongoing Cable TV Programming Management ▪ Monthly subscriber reporting to NCTC and direct agreement parties. As renewal agreements are created, review and report to Waterloo Fiber on terms and economic impacts. I Maintain a programming cost spreadsheet. Other tasks associated with operation of a cable TV system in accordance with local, state, and federal regulations. • Other activities as requested by the Utility. PAYMENT OF FEES. Fees will be: $135 per hour. Non -recurring cable TV launch activities are estimated not to exceed 90 hours. Ongoing cable TV programming management activities are estimated to not exceed 60 hours annually. Invoices will be sent digitally (pdf) via email on the first business day of the month for the previous billing period. Payment is to be remitted within 30 calendar days via ACH (preferred) or paper check mailed to the address above. EXPENSES. Company will reimburse Contractor for the following expenses: 5 SmartSource Consulting LLC Independent Contractor Agreement • Materials and services purchased on behalf of the Utility at the written request of the Utility. • Vehicle trips at the current IRS mileage rate, plus any reasonable lodging expenses that may be incurred at the written request of the Utility, and a minimum of 2 hours per trip made in person. NOTE: This Project Assignment is governed by the terms of an Independent Contractor Services Agreement in effect between the Utility and Contractor, including the proprietary rights agreement attached thereto. In the event that any item in this Project Assignment is inconsistent with that Agreement, the terms of this Project Assignment shall govern, but only with respect to the services set forth in this Project Assignment. Waterloo Telecommunications Utility Contractor SmartSource Consulting, LLC By: (Printed Name) By: Curtis Dean Title: President 9712 Turnpoint Drive West Des Moines, IA 50266 Dated: Dated: 6 SmartSource Consulting, LLC Independent Contractor Agreement EXHIBIT B INDEPENDENT CONTRACTOR CONFIDENTIALITY, TRADE SECRET AND ASSIGNMENT OF INTELLECTUAL PROPERTY AGREEMENT 1. PROPRIETARY INFORMATION. Contractor agrees during the term of this Agreement and thereafter that it will take all steps reasonably necessary to hold Waterloo Telecommunications Utility ("Utility") Proprietary Information in trust and confidence, will not use Proprietary Information in any manner or for any purpose not expressly set forth in this Agreement, and will not use or disclose any such Proprietary Information to any third party without first obtaining Utility's express written consent on a case - by -case basis. For purposes of this Agreement, "Proprietary Information" includes, but is not limited to, (a) trade secrets, intellectual property, mask works, ideas, processes, formulas, source and object codes, data, programs, other works of authorship, know-how, improvements, discoveries, developments, designs and techniques (hereinafter collectively referred to as "Intellectual Property"); and (b) information regarding plans for research, development, new products, marketing and selling, business plans, budgets and unpublished financial statements, licenses, prices and costs, suppliers and customers. Notwithstanding the other provisions of this Agreement, nothing received by Contractor will be considered to be Utility Proprietary Information if (1) it has been published or is otherwise readily available to the public other than by a breach of this Agreement; (2) it has been rightfully received by Contractor from a third party without confidential limitations; (3) it has been independently developed for Contractor by personnel or agents having no access to the Utility Proprietary Information; or (4) it was known to Contractor prior to its first receipt from Utility. 2. THIRD PARTY INFORMATION. Contractor understands that the Utility ("Client") have received and will in the future receive from third parties confidential or proprietary information ("Third Party Information") subject to a duty on to maintain the confidentiality of Utility information and use it only for certain limited purposes. Contractor agrees to hold Third Party Information in confidence and not to disclose to anyone (other than personnel who need to know such information in connection with their work for developing the Utility) or to use, except in connection with Contractor's work planning for the Client, Third Party Information unless expressly authorized in writing by an officer of the Client with the authority to release Utility information. 3. NO CONFLICT OF INTEREST. Contractor agrees during the term of this Agreement not to accept work or enter into a contract or accept an obligation, inconsistent or incompatible with Contractor's obligations under this Agreement or the scope of services rendered. Contractor warrants that to the best of its knowledge, there is no other existing contract or duty on Contractor's part inconsistent with this Agreement, unless a copy of such contract or a description of such duty is attached to this Agreement as Attachment 1. Contractor further agrees not to disclose information, or bring onto Client's premises, or induce Client to use any confidential information that belongs to anyone other than Client or Contractor. 4. DISCLOSURE OF WORK PRODUCT. As used in this Agreement, the term "Work Product" means any Intellectual Property, whether or not patentable, and all related know-how, designs, mask works, trademarks, formulae, processes, manufacturing techniques, trade secrets, ideas, artwork, software or other protectable works. Contractor agrees to disclose promptly in writing to Client, or any person designated by Client, all Work Product which is conceived, made, reduced to practice, or learned by Contractor in the course of any work performed for Utility ("Utility Work Product"). Contractor represents that any Work Product relating to Utility development or any Project which Contractor has made, conceived or reduced to practice at the time of signing this Agreement ("Prior Work Product") has been disclosed in writing to Client and attached to this Agreement as Attachment 2. If disclosure of any such Prior Work Product would cause Contractor to violate any prior confidentiality agreement, Contractor understands that it is not to list such Prior Work Product in Attachment 2 but it will disclose a cursory name for each such Intellectual Property, a listing of the party(ies) to whom it belongs, and the fact that full disclosure as to such Prior Work Product has not been made for that reason. A space is provided in Attachment 2 for such purpose. 7 SmartSource Consulting, LLC Independent Contractor Agreement 5. OWNERSHIP OF WORK PRODUCT. Contractor shall specifically describe and identify in Attachment 2 all technology which (a) Contractor intends to use in performing under this Agreement; (b) is either owned solely by Contractor or licensed to Contractor with a right to sublicense; and (c) is in existence in the form of a writing or working prototype prior to the Effective Date ("Background Technology"). Contractor agrees that any and all Intellectual Property conceived, written, created or reduced to practice in the performance of work under this Agreement or with Utility resources shall be the sole and exclusive property of Utility. 6. ASSIGNMENT OF UTILITY WORK PRODUCT. Except for Contractor's rights in the Background Technology, Contractor irrevocably assigns to Client all right, title and interest worldwide in and to the Utility Work Product and all applicable intellectual property rights related to the Utility Work Product, including, without limitation, copyrights, trademarks, trade secrets, patents, moral rights, contract and licensing rights (the "Proprietary Rights"). Except as set forth below, Contractor retains no rights to use the Utility Work Product and agrees not to challenge the validity of Client's ownership in the Utility Work Product. Contractor hereby grants to Client a non-exclusive, royalty -free, irrevocable and world-wide right, with rights to sublicense through multiple levels of sublicensees, to reproduce, make derivative works of, publicly perform, and publicly display in any form or medium, whether now known or later developed, distribute, make, use, sell and offer to sell Background Technology and any Prior Work Product incorporated or used in the Utility Work Product for the purpose of developing and marketing Utility products. 7. WAIVER OR ASSIGNMENT OF OTHER RIGHTS. If Contractor has any rights to the Utility Work Product that cannot be assigned to Client, Contractor unconditionally and irrevocably waives the enforcement of such rights, and all claims and causes of action of any kind against Client with respect to such rights, and agrees, at Client's request and expense, to consent to and join in any action to enforce such rights. If Contractor has any right to the Utility Work Product that cannot be assigned to Client or waived by Contractor, Contractor unconditionally and irrevocably grants to Client during the term of such rights, an exclusive, irrevocable, perpetual, worldwide, fully paid and royalty -free license, with rights to sublicense through multiple levels of sublicensees, to make, use, sell, offer to sell, reproduce, create derivative works of, distribute, publicly perform and publicly display by all means now known or later developed, such rights. 8. ASSISTANCE. Contractor agrees to cooperate with Client or its designee(s), both during and after the term of this Agreement, in the procurement and maintenance of Utility's rights in Utility Work Product and to execute, when requested, any other documents deemed necessary by Client to carry out the purpose of this Agreement. Contractor agrees to execute upon Client's request a signed transfer of copyright to Client in the form attached to this Agreement as Attachment 3 for all Utility Work Product subject to copyright protection, including, without limitation, computer programs, notes, sketches, drawings and reports. 9. ENFORCEMENT OF PROPRIETARY RIGHTS. Contractor will assist Client in every proper way to obtain, and from time to time enforce, United States and foreign Proprietary Rights relating to Utility Work Product in any and all countries. To that end, Contractor will execute, verify and deliver such documents and perform such other acts (including appearances as a witness) as Client may reasonably request for use in applying for, obtaining, perfecting, evidencing, sustaining and enforcing such Proprietary Rights and the assignment thereof. In addition, Contractor will execute, verify and deliver assignments of such Proprietary Rights to Client or its designee. Contractor's obligation to assist Utility with respect to Proprietary Rights relating to such Utility Work Product in any and all countries shall continue beyond the termination of this Agreement, but Utility shall compensate Contractor at a reasonable rate after such termination for the time actually spent by Contractor at Utility's request on such assistance. 10. EXECUTION OF DOCUMENTS. In the event Client is unable for any reason, after reasonable effort, to secure Contractor's signature on any document needed in connection with the actions specified in the preceding Sections 8, 9 and 10, Contractor hereby irrevocably designates and appoints Client and its duly authorized officers and agents as its agent and attorney in fact, which appointment is 8 SmartSource Consulting, LLC Independent Contractor Agreement coupled with an interest, to act for and in its behalf to execute, verify and file any such documents and to do all other lawfully permitted acts to further the purposes of the preceding paragraph with the same legal force and effect as if executed by Contractor. Contractor hereby waives and quitclaims to Client any and all claims, of any nature whatsoever, which Contractor now or may hereafter have for infringement of any Proprietary Rights assigned hereunder to Client. 11. ENTIRE AGREEMENT. This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between Client and Contractor. No modification of or amendment to this Agreement, nor any waiver of any rights under this Agreement, will be effective unless in writing and signed by the party to be charged. The terms of this Agreement will govern all Project Assignments and services undertaken by Contractor for Client. In the event of any conflict between this Agreement and a Project Assignment, the Project Assignment shall control, but only with respect to the services set forth herein. IN WITNESS WHEREOF, each party has caused this Independent Contractor Services Agreement to be executed by its duly authorized representative. Client Contractor Waterloo Telecommunications Utility SmartSource Consulting LLC By: By: Curtis Dean Title: President (Printed Name) 9712 Turnpoint Drive Title: Trustee West Des Moines, IA 50266 Dated: Dated: For copyright registration purposes only, Contractor must provide the following information: Date of Birth: August 7, 1964 Nationality or Domicile: USA 9 SmartSource Consulting, LLC Independent Contractor Agreement 10 SmartSource Consulting, LLC Independent Contractor Agreement Waterloo Fiber Purchasing Policy Rev by EL 10/17/2023 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.) f. Marketing related expenses 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 Waterloo 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 improvement 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. 1 Approved by Waterloo Fiber Board on 08/18/2023. Waterloo Fiber Purchasing Policy Rev by EL 10/17/2023 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 § 314.1 B, 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 the 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 services 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 2 Approved by Waterloo Fiber Board on 08/18/2023. lk III CITY OF TERLOO Community of OpparenNty City of Waterloo, Iowa October 17, 2023 City of Waterloo, IA Overall Project Completion Conduit Vaults Fiber UG Splicing Backbone 525' 0% 2 0% 0% 0% Shared 8,504' 3% 0% 0°/0 ov° FTTP 31,106' 135 1% 0% 0% Overall Project Totals 40,135' 1% 137 1% 0% 0% 100% 50% 0% City of Waterloo, IA Production Week Ending: 10/12/2023 Week 7-10/6/23 to 10/12/2023 Conduit Vaults Fiber UG Splicing Backbone Shared 0' 0' 0 0 0' 0' 0 0 FTTP 3,429' 5 0' 0 Overall Production ■ ■ ■ 4,594,510 2,81.6,057 17,378 131,779 Fiber Conduit Vaults Splicing ■Completed ■Planned 0°,4 100°�l ®Completed to Date []Total Planned Magellan An_ENTRUST Sai,a0inn, i:.-. rnmnanu Projected Run Rate = 20,000 ft per week (3.97 miles) Current Run Rate = 3,429' ft (0.65 miles) (Run rate is Conduit only at this time) October ➢ Task Order 01 Backbone/ FTTP Conduit & HH's ➢ Pull Fiber > Set Cabinets November > Task Order 01 Backbone/ FTTP Conduit & HH's > Pull Fiber > Set Cabinets > Splicing December ➢ Task Order 01 Backbone/ FTTP Conduit & HH's > Pull Fiber ➢ Set Cabinets ➢ Splicing 288 CT 144 CT 96 CT 24 CT 50,000 Backbone Fiber 100,000 150,000 200.0W ■Planned 250,000 278,882 300,000 288 CT 144 CT 48 CT 24 CT 12 CT 0 FTTP Fiber 127 253 0 19,03 0 97,543 0 0 50,000 100,000 214,411 130,053 1W.000 2010000 ■Planned