HomeMy WebLinkAbout22. Telecom Board Agenda Packet - November 15, 2023
,
BOARD
MEMBERS
Andrew
Van Fleet
Board Chair
Theodore
Batemon
Ritch
Kurtenbach
Mike
Young
Amy
Wienands
City Council
Liaison:
Rob
Nichols
November 15, 2023
City Council Chambers
4:00 p.m.
1. Roll call.
2. Approval of the agenda, as presented.
3. Approval of minutes of November 1, 2023 regular session and November 8,
2023 special session, as presented.
4. Public Hearing on FY2023 Drops and Installation of a Fiber-to-the-Premise
Network, Contract No. 1094.
4.1 Motion to open the public hearing and receive and file proof of
publication of notice of said hearing.
4.2 Motion to close the public hearing.
4.3 Resolution approving preliminary plans, specifications, form of
contract, and authorizing to proceed.
4.4 Motion to receive, file, and direct the Board Secretary to read bids.
4.5 Resolution awarding bid to ITG Communications, in the amount of
$7,485,965.00 and authorizing the General Manager to execute said
document.
5. Resolution setting date of public hearing as November 29, 2023 to adopt the
2024 budget.
6. Resolution approving an Employment Agreement with Eric Lage.
7. Motion approving appointment of Tim Knaack to the position of Produ cts
and Services Manager, effective December 11, 2023, subject to the approval
of an employment agreement.
8. General comments from staff, consultants, and board members.
9. Adjourn.
Kelley Felchle
Board Secretary
WATERLOO
Telecommunications Utility Board of Trustees
TELECOMMUNICATIONS UTILITY
BOARD OF TRUSTEES
Harold E. Getty Council Chambers
November 1, 2023
4:00 p.m.
1. Roll Call
Members present: Van Fleet, Kurtenbach, Young, and Batemon. Absent: Wienands.
2. Approval of Agenda.
Moved by Kurtenbach seconded by Young that the Agenda, as presented, be approved. Voice-
vote Ayes: Four. Motion carried.
3. Approval of Minutes.
Moved by Kurtenbach seconded by Young that the minutes of October 18, 2023 Regular
Session, as proposed, be approved. Voice-vote: Four. Motion carried.
4. Motion approving reimbursement to the City of Waterloo for the purchase of cabinets and
splitters, in the amount of $20,176.31.
Eric Lage, General Manager, provided an overview of the purchase.
Mr. Van Fleet questioned the security for Waterloo Fiber equipment at the Public Works
facility.
Mr. Lage provided an overview of security measures at the facility.
Moved by Young seconded by Kurtenbach. Voice-vote: Four. Motion carried.
5. Motion approving the creation of a Sales Manager position and a Strategic Communications
Manager position within Waterloo Fiber, and eliminating the Sales and Marketing Manager
position.
Moved by Kurtenbach seconded by Young.
Eric Lage provided an overview of the changes to the positions. He asked that the Sales
Manager be changed to Product and Services Manager. He shared that this person is going to
have to work with the OSP Supervisor to determine accurate pricing and services.
Moved by Young second by Kurtenbach, that the motion be amended to strike Sales
Manager and insert Product and Services Manager. Voice-vote: Four. Motion carried.
The board provided additional comments on the urgency of filling both of these positions.
The board then voted on the motion as amended. Voice-vote: Four. Motion carried.
6. Resolution approving an Incentive Pay Policy for Waterloo Fiber employees.
Mr. Van Fleet provided an overview of the policy.
Eric Lage, General Manager, shared that this will give Waterloo Fiber a competitive edge.
Mr. Van Fleet shared that this policy can be amended in the future if needed.
Moved by Kurtenbach seconded by Batemon. Roll call-vote: Four. Motion carried.
Resolution No. 2023-028.
7. General comments from staff, consultants, and board members.
Page 2
Eric Lage provided the general manager report. Interviews are ongoing for various key
positions. ITG is considering bringing on additional crews to increase production, and the
blowing of fiber should begin next week. It is anticipated that the first test customer will be
signed up before the end of the year. USIC is currently locating for Mediacom, Metronet and
MidAmerican Energy. Beginning in 2024, Vannguard will take over the MidAmerican
Energy contract. It is uncertain what that means for us regarding locates moving forward and
will likely need to be revisited in the spring.
Warren Lyon, Magellan Advisors, reported that there are no major updates in the field at this
time. He shared that there are a couple of RFP’s that will come before the board in the next
few meetings.
Chris Wendland, Attorney for Board, stated that there are no new updates beyond incentive
pay plan that was adopted today.
Kelley Felchle, Board Secretary, reported that she continues to assist with interviews. She
commented on the possibility of altering future meeting dates as the holidays approach and
asked that the board members look at their availability for the coming weeks and
communicate that information to Magellan as well. She also commented that now that the
Incentive Pay Policy has been approved, it is important to get board approval for the
employment agreements for key staff.
8. Adjourn.
With no further business before the board, it was moved by Kurtenbach seconded by Young
that the meeting be adjourned at 4:20 p.m. Voice-vote Ayes: Four. Motion carried.
Kelley Felchle
Board Secretary
TELECOMMUNICATIONS UTILITY
BOARD OF TRUSTEES
City Clerk’s Office
November 8, 2023
11:30 p.m.
1. Roll Call
Members present: Van Fleet, Kurtenbach, and Batemon. Mr. Young joined at 11:35 a.m.
Absent: Wienands.
2. Approval of Agenda.
Moved by Kurtenbach seconded by Batemon that the Agenda, as presented, be approved.
Voice-vote Ayes: Three. Motion carried.
3. Motion approving appointment of Erin Langenberg to the Strategic Communications
Manager position, effective December 18, 2023, subject to the approval of an employment
agreement.
Moved by Kurtenbach seconded by Batemon Voice-vote Ayes: Three. Motion carried.
Eric Lage, General Manager, provided an overview of the position.
Erin Langenberg provided a brief introduction and shared she is excited to get started.
4. Motion approving appointment of Julie Eastman to the Accounting Manager position,
effective November 20, 2023, subject to the approval of an employment agreement.
Moved by Kurtenbach seconded by Batemon. Voice-vote Ayes: Four. Motion carried.
Eric Lage provided an overview of the position.
Julie Eastman provided a brief introduction to the board.
5. Resolution approving a request for proposal for the FY2024 Billing System, Operational
Support System, and Flow-Through Provisioning, Contract No. 1097.
Eric Lage, General Manger, provided an overview of the software they are looking to acquire
through the RFP process. The software interacts centrally with the other software that the
utility would utilize to create a centralized ecosystem.
Mr. Van Fleet questioned if they have an idea of some of the software companies that may
respond.
Eric Lage explained that a few companies are likely to apply and will likely be from outside
of the area.
Mr. Van Fleet questioned if we have an estimate of the potential cost.
Eric Lage explained that he was unsure of what the cost would be however the software would
be subscription based. There would also likely be an upfront cost.
Mr. Kurtenbach questioned how soon we would have figures back to approve.
Eric Lage explained the timeline for providing responses to the RFP and shared that these
responses would include software costs.
Moved by Young seconded by Batemon Roll call-vote Ayes: Four Motion carried.
6. General comments from staff, consultants, and board members.
Page 2
Mr. Van Fleet shared that this is getting to be a very exciting time for the utility. He is seeing
construction happening in the community and likes to see the physical progress. He commented
that it may be beneficial to have additional magnets put on the construction vehicles with pricing
as our pricing is coming in much lower than the competitors.
Eric Lage, General Manager, shared that staff will be at the state of the city tomorrow. Erica
Christiansen and Ian Crowther-Green are holding screening interviews with prospective
customer service representatives.
Mr. Van Fleet shared that they met with Amperage Marketing yesterday and good momentum is
happening with the website and video marketing.
Mr. Kurtenbach questioned if the contractors could have additional flashing lights and barriers to
help keep the workers safe when working in the evening.
Mr. Van Fleet questioned if there have been any injuries on the job so far.
Eric Lage explained only one incident has occurred.
Mr. Van Fleet questioned when the next meeting would occur.
Kelley Felchle, Board Secretary, shared that the next meeting would occur on November 15,
2023.
Mr. Van Fleet asked Mr. Lage to invite the new project manager, Marcellus Nixon, to join the
next meeting.
7. Adjourn.
With no further business before the board, it was moved by Young seconded by Batemon that
the meeting be adjourned at 11:45 p.m. Voice-vote Ayes: Four. Motion carried.
Kelley Felchle
Board Secretary
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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 TN a Partnership
consisting of the following partners:Guilherme Elias, 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 copy 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
$7,485,965.00
DIVISION
1
BASE BID
TOTAL
PRICE
$7,485,965.00
1. It is understood that the quantities set forth are approximate only and subject to variation and that the
unit bid price for the work done shall govern in the actual payment to Contractor.
2. In submitting this bid, the bidder understands that the right is reserved by the Utility to reject any or
all bids. The undersigned agrees to execute and deliver an agreement in the prescribed form and
furnish the required bond and certificate of the insurance within ten (10) days after the agreement is
presented to him for signature and start work within five (5) days after "Notice to Proceed" is issued.
3. Security in the sum of Three Hundred Seventy Four Thousand Two Hundred Ninety Eight. 25/100
Dollars ($ 374,298.25)in the form of ,Bid Bond 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. I Date 10/30/23
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: Bryan Siebenberg Vice President of Operations 11/5/23
(Name of Bidder) (Title) (Date)
Official Address: (Including Zip Code):
152 Molly Walton Dr
Hendersonville, TN 37075
I.R.S. No.
FORM OF BID CONRACT NO. 1094 Page 2 of 2
NON -COLLUSION AFFIDAVIT OF PRIME BIDDER
State of I10Y\CJ-C
County of Wbvocvc�
CIaS
) ss:
that:
, being first duly sworn, deposes and says
1. He is (Owner, Partner, OfficerLRepresentative, or Agent) , of ITG Communications ,LLC
, the Bidder that has submitted the attached Bid;
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 Conn' _. ce, or .nlawful,.greement on the part of the Bidder or any of its
agents, representatives, o Hers, : m loy -es,,: r par ies in interest, including this affiant.
Title
Subsc ibed aid sw•tn to before me this
My commission expires
Title
ti 0l 01a<-+"
day of P'\ Utrobe,C , 2Oa3.
.;;: Po. GISSEL RIVERA
Commission # HH 439824
OF ftS)�oz Expires October 2, 2027
cat
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. ITG Communications, LLC
2. Permanent main office address. 152 Molly Walton Dr Hendersonville TN
37075
3. When organized. 2013
4. If a corporation, when incorporated. 2013
5. How many years have you been engaged in the contracting business under your present firm
or trade name? 10
6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate
anticipated dates of completion.)
• Comcast $XXm, continuous contract
• Charter; $XXm, continuous contract
• Waterloo IA 77m (3 year project)
• Coast EPA; $8M
• First Electric; $15m (4 year project)
• Tombigbee; $20m (2 year project)
• East Central Energy; $250m (4 year project)
• White River Valley, $30m (3 year project)
• Connect 2 First; $15m (3 year project)
• Singing River Electric; $15m (3 year project)
• Joe Wheeler; $10m (3 year project)
• Coosa Valley Electric; $12m (3 year project)
7. General character of work performed by your company.
Fiber Constructon; Aerial and Underground
Service Drops; Aerial and Underground
Fulfillment / Home Installation
8. Have you ever failed to complete any work awarded to you? If so, where and why? No
9. Have you ever defaulted on a contract? If so, where and why? No
10. List the more important projects recently completed by your company, stating the
approximate cost for each, and the month and year completed. See #6
11. List your major equipment available for this contract. Drop Bury Plows, Trucks, and trailers
12. Experience in construction work similar in importance to this project. Tombigbee AL, Pea River AL,
Pennyrile KY,
13. Background and experience of the principal members of your organization, including the officers.
14. Credit available: $45M
15. Give bank reference: Regions Bank
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 ? Yes
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.
Dated at 4ovrA Cwmii
By:
Title:
, this C9' day of Ne-e/rNrN t-(r
(Name of Bidder)
(ii/h-Otii -C E1N'4A
Plibr>acwi
•
State of FRnac- )
County of `QY.wc.4 )
R\1\\\Aintwk, C V 1 en
of 'pits; ko n 4-
the (Name of Organization) & Cwnrn'nic.oeHons, (-Co
to the foregoing questions and all statements therein con
Signature
Subscribed and sworn to before me this
On POI
P . ,it GISSELRIVERA
Notary Public *dn,� � Commission#HH439824
�'FOF F1�Q\O ExpJ es October 2, 2027
My commission expires �v\a \d
)ss:
, being duly sworn deposes and says that he is _
,20a3
and that the answers to
tru: an• correc
/
, 20&
STATEMENT OF BIDDERS QUALIFICATIONS
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STATEMENT OF B
BIDDER STATUS FORM
o To be completed by all bidders
PART A
Please answer "Yes" or ' No" for each of the following:
It Yes Q No
ID Yes ONo
Yes QNo
Q
Yes *No
0 Yes ®No
My company is authorized to transact business in Iowa.
(To help you determine if your company is authorized, please review the worksheet on the next page).
My company has an office to transact business in Iowa.
My company's office in Iowa is suitable for more than receiving mail, telephone calls, and e-mail.
My company has been conducting business in Iowa for at least 3 years prior to the first request for
bids on this project.
My company is not a subsidiary of another business entity, or my company is a subsidiary of
another business entity that would qualify as a resident bidder in Iowa
If you answered "Yes" for each question above, your company qualifies as a resident bidder. Please
complete Parts B and D of this form.
If you answered "No" to one or more questions above, your company is a nonresident bidder. Please
complete Parts C and D of this form.
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?
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.
Yes
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: Bryan Siebenberq
Signature: Ur aaeiteeAr
Date: 11/5/23
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.
Yes ONo
O Yes CjNo
QQ Yes
O Yes
O Yes
My business is currently registered as a contractor with the Iowa Division of Labor.
My business is a sole proprietorship, and I am an Iowa resident for Iowa income tax purposes.
No 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.
(QYesQNo
()Yesfl No
Yes
Q Yes
Q Yes
Yes
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)
Categor
Bid Ammount
Exterior
Drop
$ 4,805,835.00
Interior
$ 2,680,130.00
Drop
Maintenance
See
Units
Tab
Total Bid
$
7,485,965.00
Item
Exterior Drop
Unit of
Measure
Unit Price
Residential
Unit Price
Ce^ercial
Unit Price
Piltl-D.:elling
Estimated QTY
Extended
Amount
Comments
Buried Drop
DBF01
Fiber Drop (Direct Bury 12" Depth)
•Installation standards are based on the Onner standards and procedures.
*Contractor will provide all hardware and raterials.
*This unit rate is to be all inclusive and fixed for the labor required
to perforn unit tasks which includes but not linited to: Direct bury of
drop fiber cable fron assigned NAP fiber to where custo-er transition
enclosure will be placed in the NID.
'This Unit includes the installation of all provided hardware and
raterial (U-guard, prenise conduit, etc.).
•Fiber shall be affixed to fiber enclosure and prenise per owner's
standards.
Per
Foot
$2.65
$2.65
$2.65
787500
$2,086,875.00
Bid total was estirated using
the Following hvrbers:
6300 Service Drops @ an average
of 125' per drop.
Total Bid Fotage 787,503'
OBF02
Fiber Drop Bury (8"-12" in 3/4' conduit plow/hand dig - includes pull)
•Installation standards are based on the Owner standards and procedures.
*Contractor will provide all hardware and raterials.
*This unit rate is to be all inclusive and fixed for the labor required
to perforn unit tasks which includes but not united to: Bury or bore
3/4" conduit fron assigned NAP fiber to the NID.
•This Unit includes the pull of 2 count fiber buried drop cable and
installation of all provided hardware and raterial (U-guard, prenise
conduit, etc.).
•Conduit will be sealed per owner's standards.
*This Unit includes the installation of all provided hardware and
raterial (U- guard, prenise conduit, etc.).
'Fiber shall be affixed to fiber enclosure and prenise per owner's
standards.
*Contractor will also corplete billed footage verifications and quality
checks.
Per
Foot
$7.68
$7.68
$7.68
78750
$604,800.00
Bid total was estirated using
the Following h,'v-bers:
6303 Service Drops @ an average
of 125' per drop. Total drop
Fotage 787503. An estirated 10X-
of total drop footage will
require conduit.
Total Bid Footage 78,750'
OBF03
Hardscape Bore
•Installation standards are based on the Owner standards and procedures.
•Contractor will provide all hardware and raterials.
•This unit rate is to be all inclusive and fixed for the labor required
to perforn unit tasks which includes but not linited to: Hardscape bore
under sidewalk or driveway via Directional Drilling or Pneu'atic Missle
at ninirun of 12"depth on Private Property.
•This Unit includes the labor required to pull fiber drop through
conduit and sealrent of conduit if required by owner's standards.
•Contractor will also corplete billed footage verifications and quality
checks.
**Please note this code is not inclusive for boring under public streets
and highways**
Per
Foot
$11.65
$11.65
$11.65
24000
$279,600.00
Bid total was estirated using
the Following Nu -hers:
6303 Service Drops @ an average
of 125' per drop. Total drop
Fotage 787500. An estirated 3%
of total drop footage will
require Hardscape Bores.
Total Bid Footage 24,e 3'
NID
Install NIU with 3/4" pvc iron HID base to 3" below grade
• Installation standards are based on the Owner standards and
procedures.
• Contractor will provide all hardware and raterials.
• This unit rate is to be all inclusive and fixed for the labor required
to perforn unit tasks which includes but not united to: Installation
of NID and 3/4" pvc fron NID base to rbelow grade.
• This Unit includes the installation of all provided appropriate
hardware.
• Contractor will also corplete billed footage verifications and quality
Each
$107.03
$107.00
$107.0a
6303
1674,10a.03
Bid total was estirated using
the Following Nu-bers:
6303 Service Drop with 1 Hid
per location
Total Bid Qty 6,303
FFS
cb'saA rioer splice
• Installation standards are based on the Owner standards and
procedures.
• Contractor will provide all hardware and raterials.
• This unit rate is to be all inclusive and fixed for the labor required
to perforn unit tasks which includes but not united to: Fusion splice
per fiber.
• Contractor will also reasure light readings and provide to owner.
• This Unit includes the installation of all provided appropriate
hardware.
• Contractor will also corplete billed footage verifications and quality
ru...a.-
Each
$34.60
$34.60
$34.60
12603
$435,960.00
Bid total was estirated using
the Following tbu-bers:
6303 Service Drop with 2
splices per service location
Total Bid Qty 12,600
EEE
Enclosure Entry
Each
E115.0a
$115.e0
E115.ea
6300
$724,500.03
Bid total was estirated using
the Following Uuebers:
6303 Service Drop with 1 re-
entry per service location
Total Bid Qty 6,300
• Locating, accessing and prepping for splicing
Total Exterior Drop Bid
$4,805,835.00
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• Installation standards are based on the Owner standards and procedures.
-Owner will provide all electronics (ONT, STB, remote control, etc) and
Contractors will provide all materials (fiber, cabling, etc) related to ONT'
and STB devices to be completed during installation.
• Installation of a pre-connectorized micro -fiber cable of length
appropriate to reach from the Fiber Network Interface (NID) to the location
of the ONT and/or gateway, and connection of all consumer wireless network
devices, including one Wi-Fi extender if necessary for managed Wi-Fi
members.
*Contractor will also complete the following:
oEnd-to-End signal and service quality checks
oSpeed test verified by tech's equipment and customer's equipment
oConfiguration of SSID & password per customer preference. If second
service is Voice: the installation of a single run of twisted pair to the
existing voice NID or reconfiguration of existing Cat3, Cat4, Cats, Cat6 or,
Cat6A wire (including in the existing copper NID) to ensure phone service
at all existing working phone locations at the customer premise.
• Contractor will also complete the following:
oDisconnect existing provider drop once port has been completed.
oTesting of all phones before and after installation to ensure dial tone,
exception for older phones with rotary or pulse dialing only capabilities
If second service is Video: the installation of up to to X TV's,
configuration of remote control, updating firmware on STB/streaming devices
and verifying video is functioning correctly.
• Contractor will also complete the following:
oCustomer education on all equipment and services installed.
oMeasure light readings and provide to owner
oDocument all light readings, quality checks and speed test in OSS/BSS
e • .• - - . •
• Installation standards are based on the Owner standards and procedures.
• Owner will provide all electronics (ONT, STB, remote control, etc) and
Contractors will provide all materials (fiber, cabling, etc) related to ONT
and STB devices to be completed during installation.
• Installation of a pre-connectorized micro -fiber cable of length
appropriate to reach from the Fiber Network Interface (NID) to the location
of the ONT and/or gateway, and connection of all consumer wireless network
devices, including one Wi-Fi extender if necessary for managed Wi-Fi
members.
• Contractor will also complete the following:
• End -to -End signal and service quality checks
• Speed test verified by tech's test and customer's equipment
• Configuration of SSID & password per customer preference
• Customer education on all equipment and services installed
• Measure light readings and provide to owner
• Document all light readings, quality checks and speed test in OSS/BSS
software.
Residential Fiber
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These Numbers were used to estimate the Total Bid.
Residential Single Family (SF)
Single Play (Internet Only) 1819 passing
Double Play (Internet and Phone or Television) 1650
passing
Triple Play (Internet, Phone, & Television) 1402
Multi -Dwelling Unit (MDU)
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Single Play - Internet Only
• Installation standards are based on the Owner standards and procedures.
• Owner will provide all electronics (ONT, STB, remote control, etc) and
Contractors will provide all materials (fiber, cabling, etc) related to ONT
and STB devices to be completed during installation.
• Installation of a pre-connectorized micro -fiber cable of length
appropriate to reach from the Fiber Network Interface (NID) to the location
of the ONT and/or gateway, and connection of all consumer wireless network
devices, including one Wi-Fi extender if necessary for managed Wi-Fi
members.
• Contractor will also complete the following:
oEnd-to-End signal and service quality checks
oSpeed test verified by tech's test and customer's equipment
oConfiguration of SSID & password per customer preference
oCustomer education on all equipment and services installed
oMeasure light readings and provide to owner
oDocument all light readings, quality checks and speed test in OSS/BSS
software.
Commercial Fiber
Triple Play Includes Three (3) Services
• Installation standards are based on the Owner standards and procedures.
• Owner will provide all electronics (ONT, STB, remote control, etc) and
Contractors will provide all materials (fiber, cabling, etc) related to ONT
and STB devices to be completed during installation.
• Installation of a pre-connectorized micro -fiber cable of length
appropriate to reach from the Fiber Network Interface (NIO) to the location
of the ONT and/or gateway, and connection of all consumer wireless network
devices, including one Wi-Fi extender if necessary for managed wi-Fi
members.
• Contractor will also complete the following:
oEnd-to-End signal and service quality checks
oSpeed test verified by tech's equipment and customer's equipment
oConfiguration of SSID & password per customer preference. Voice Service:
the installation of a single run of twisted pair to the existing voice NID
or reconfiguration of existing Cat3, Cat4, Cats, Cat6 or Cat6A wire
(including in the existing copper NID) to ensure phone service at all
existing working phone locations at the customer premise.
• Contractor will also complete the following:
oDisconnect existing provider drop once port has been completed.
oTesting of all phones before and after installation to ensure dial tone,
exception for older phones with rotary or pulse dialing only capabilities
Video Service: the installation of up to X TV's, configuration of remote
control, updating firmware on STB/streaming devices and verifying video is
functioning correctly.
• Contractor will also complete the following:
oCustomer education on all equipment and services installed.
oMeasure light readings and provide to owner
oDocument all light readings, quality checks and speed test in OSS/BSS
software.
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'Other Services
.. •
• Installation standards are based on the Owner standards and procedures.
• Owner will provide all electronics (ONT, STB, remote control, etc) and
Contractors will provide all materials (fiber, cabling, etc) related to ONT
and STB devices to be completed during installation.
• Installation of a pre-connectorized micro -fiber cable of length
appropriate to reach from the Fiber Network Interface (NID) to the location
of the ONT and/or gateway, and connection of all consumer wireless network
devices, including one Wi-Fi extender if necessary for managed Wi-Fi
members.
• Contractor will also complete the following:
oEnd-to-End signal and service quality checks
oSpeed test verified by tech's equipment and customer's equipment
oConfiguration of SSID & password per customer preference. Voice Service:
the installation of a single run of twisted pair to the existing voice NID
or reconfiguration of existing Cat3, Cat4, CatS, Cat6 or Cat6A wire
(including in the existing copper NID) to ensure phone service at all
existing working phone locations at the customer premise.
• Contractor will also complete the following:
oDisconnect existing provider drop once port has been completed.
oTesting of all phones before and after installation to ensure dial tone,
exception for older phones with rotary or pulse dialing only capabilities
Video Service: the installation of up to X TV's, configuration of remote
control, updating firmware on STB/streaming devices and verifying video is
functioning correctly.
• Contractor will also complete the following:
oCustomer education on all equipment and services installed.
oMeasure light readings and provide to owner
oDocument all light readings, quality checks and speed test in OSS/BSS
software.
Double Play - Includes Two (2) Services
• Installation standards are based on the Owner standards and procedures.
• Owner will provide all electronics (ONT, STB, remote control, etc) and
Contractors will provide all materials (fiber, cabling, etc) related to ONT
and STB devices to be completed during installation.
• Installation of a pre-connectorized micro -fiber cable of length
appropriate to reach from the Fiber Network Interface (NID) to the location
of the ONT and/or gateway, and connection of all consumer wireless network
devices, including one Wi-Fi extender if necessary for managed Wi-Fi
members.
• Contractor will also complete the following:
oEnd-to-End signal and service quality checks
oSpeed test verified by tech's equipment and customer's equipment
oConfiguration of SSID & password per customer preference. If second
service is Voice: the installation of a single run of twisted pair to the
existing voice NID or reconfiguration of existing Cat3, Cat4, Cat5, Cat6 or
Cat6A wire (including in the existing copper NID) to ensure phone service
at all existing working phone locations at the customer premise.
• Contractor will also complete the following:
oDisconnect existing provider drop once port has been completed.
oTesting of all phones before and after installation to ensure dial tone,
exception for older phones with rotary or pulse dialing only capabilities
If second service is Video: the installation of to X TV's, configuration of
remote control, updating firmware on STB/streaming devices and verifying
video is functioning correctly.
• Contractor will also complete the following:
oCustomer education on all equipment and services installed.
oDocument all signal test, quality checks and speed test in OSS/BSS
software.
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Complex Interior Wall Fish
• This task will be used when an outlet is being installed and it is deemed
necessary (customer required and/or physical requirements) for the drop
cable to be installed as a complex wall fish (routing the cable to conceal
it within the walls of the customer's home).
• Multiple cables wall fished through one (1) exterior wall location is
deemed one (1) complex wall fish instance.
Truck Roll - Service Call (up to two hours)
• Installation standards are based on the Owner standards and procedures.
• Owner will provide all electronics (ONT, STB, remote control, etc) and
Contractors will provide all materials (fiber, cabling, etc) related to ONT
and STB devices to be completed during installation. . Successfully resolve
any service quality impairments present within the customer's CPE and
service distribution system.
• Analyze, identify, and correct all optical issues and certify that all
optical levels meet providers standards for each in -home CPE device, as
well as ensuring there are no non -responding set -top boxes.
• Contractor will also complete the following:
*Speed test with documentation of results uploaded to OSS/BSS software
*Testing all phones have dial tone for voice members
*Test video ondemand is functioning correctly
*Measure light readings and provide to owner
*Document all light readings, quality checks and speed test in OSS/BSS
software.
**This code includes the separate trip.
**Thjc inrludoc un to twn hnnrc for a nrimary technician_ only
• This is an hourly rate for a primary technician that includes vehicle and
standard tools. This code is utilized for time that exceeds the two hours
included in the RSC.
**This code is in addition to the RSC
**Approval Required
**To be billed in 15 minute increments
Separate Trip Charge
• Installation standards are based on the Owner standards and procedures.
• Owner will provide all electronics (ONT, STB, remote control, etc) and
Contractors will provide all materials (fiber, cabling, etc) related to ONT
and STB devices to be completed during installation.
**This code is not eligible to be utilized with primary installation
service order.
**This code is not eligible to be utilized with a service call order.
**This code can only be utilized once per order that is eligible.
**Only eligible orders are the TVA & RWF when the installation is not
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Additional TV Installation
• Installation standards are based on the Owner standards and procedures.
• Owner will provide all electronics (ONT, STB, remote control, etc) and
Contractors will provide all materials (fiber, cabling, etc) related to ONT
and STB devices to be completed during installation.
• Includes all items listed in the SOW above in addition to the following
items/tasks: the installation of hardline to primary TV, configuration of
remote control, updating firmware on STB's and verifying video ondemand is
functioning correctly.
• Contractor will also complete the following:
**If trip to member is separate from the primary broadband install the
separate trip code is added to this line item.
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Need to Rechedule Appointment Fee
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"No Access to Premise" Fee
Fees And Non -Standard Services
Truck Roll to collect ONT and CPE equipment from client
Amitinnal Client Requested Assistance
Annitinnal wireless access point, router, or wireless mesh device
Additinnnl Wiring/Outlet
Reconnect/Reactivation Of A Single Service
Miscellaneous
On Premise Fiber Site Survey
• This task includes driving to the address to verify the distribution
plant connection is available for a fiber drop to be installed to the
customer's house.
• Complete and submit the Owner site survey form confirming serviceability
availability of distribution network and drop length from house to
connection point.
• Provide distribution network distance to address if not available for
drop connection.
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Maintenance Field Technicians - Standard Hours
• Standard hours are defined as:
- Mondays through Fridays
- 8:00am to 6:00pm
• Per field technician fee for required service and/or maintenance
for any FTTH issue resolution
- Delineate if different fees for different technician levels
- Technician fee will include vehicle and necessary tools
Maintenance Field Technicians - Non -Standard Hours
• Non -Standard hours are defined as:
- Hours not covererd by standard hours above including Sundays
and Holidays in accordance to DayNet holiday schedule
• Per field technician fee for required service and/or maintenance
for any FTTH issue resolution
- Delineate if different fees for different technician levels
- Technician fee will include vehicle and necessary tools
Maintenance Field Technicians - Stand-by
• 24-hour stand-by service technician to respond to all FTTH
issues on a per -week (7 day) basis.
- Delineate if different fees for different technician levels
- Technician fee will include vehicle and necessary tools
Maintenance Other (Add Other Charges Not Listed Above)
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ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS: That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New
York, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Illinois, and the FIDELITY
AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Illinois (herein collectively called the "Companies"), by Robert
D. Munay, Vice President, in pursuance of authority granted by Article V, Section 8, of the By -Laws of said Companies, which are set forth
on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and
appoint Bernadette ALEMAN, Ethan SPECTOR, Timothy NOONAN, Janina MONROE, Sandra CORONA, Jennifer OCHS, Aldan
SMOCK, Lisa CRAIL, Simone GERHARD, Erin BROWN, Paul RODRIGUEZ, Emily NEWELL, Donna M. GARCIA, KeAna WAPATO,
Marina TAPIA, Edward SPECTOR, Sarah CAMPBELL, Rachel A. MULLEN, all of Los Angeles, California, its true and lawful agent
and Attorney -in -Fact, to make, execute, seal and deliver, for, and on its behalf as surety, and as its act and deed: any and all bonds and
undertakings, and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as
fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the
ZURICH AII'IERICAN INSURANCE COMPANY at its office in New York, New Yolk., the regularly elected officers of the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons.
The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8, of
the By -Laws of said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice -President has hereunto subscribed his/her names and affixed the Corporate Seals of the said
ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 13th day of March, A.D. 2023.
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SEAL` j4q 6 SEAL 'SEAL`��s
'''9"ill:t„a,,•.
..' °'',�',m', �oF��,.. '%,,,,,u5ru,awN'� ATTEST:
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ZURICH AMERICAN INSURANCE COMPANY
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
By: Robert D. Murray
Vice President
awe
By: Dawn E. Brown
Secretary
State of Maryland
County of Baltimore
On this l3th day of March, A.D. 2023, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, Robert D.
Murray, Vice President and Dawn E. Brown, Secretary of the Companies, to me personally known to be the individuals and officers described in and who
executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of
the Company aforesaid, and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies, and that the said Corporate Seals and
the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written.
Iva Bethea
Notary Public
My Commission Expires September 30, 2023
Authenticity of this bond can be confirmed at bondvalidator.zurichna.com or 410-559-8790
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EXTRACT FROM BY-LAWS OF THE COMPANIES
"Article V, Section 8, Attorneys -in -Fact. The Chief Executive Officer, the President, or any Executive Vice President or Vice President
may, by written instrument under the attested corporate seal, appoint attorneys -in -fact with authority to execute bonds, policies,
recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such
attorney -in -fact to affix the corporate seal thereto; and may with or without cause modify of revoke any such appointment or authority at any
time."
CERTIFICATE
I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN
CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the
foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that Article V, Section 8, of
the By -Laws of the Companies is still in force.
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998.
RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary
and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such
facsimile signature and seal shall be valid and binding on the Company."
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of
Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of
May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a
meeting duly called and held on the 10th day of May, 1990.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature
of any Vice -President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a
certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect
as though manually affixed.
IN TESTIMONY WHERE() , I # 7 hereunto subscribed my name and affixed the corporate seals of the said Companies,
this day of
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' -' SEAL
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By: Mary Jean Pethick
Vice President
TO REPORT A CLAIM WITH REGARD TO A SURETY BOND, PLEASE SUBMIT A COMPLETE DESCRIPTION
OF THE CLAIM INCLUDING THE PRINCIPAL ON THE BOND, THE BOND NUMBER, AND YOUR CONTACT
INFORMATION TO:
Zurich Surety Claims
1299 Zurich Way
Schaumburg, IL 60196-1056
reportsfclaims@zurichna.com
zurichna.com
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BID BOND
KNOW ALL BY THESE PRESENTS:
That we, ITG Communications, LLC
Fidelity and Deposit Company of Maryland
firmly bound unto the Municipal Telecommunications Utility of the
(hereinafter referred to as "the Jurisdiction"), in the penal sum of
Five Percent of Amount Bid
, as Principal, and
, as Surety, are held and
City of Waterloo, Iowa, as Obligee,
dollars ($ 5% of Amount Bid ), or percent of the
amount bid in lawful money of the United States, for which payment said Principal and Surety bind
themselves, their heirs, executors, administrators, successors, and assigns jointly and severally, firmly by these
presents.
The condition of the above obligation is such that whereas the Principal has submitted to the Jurisdiction a
certain proposal, in a separate envelope, and hereby made a part hereof, to enter into a contract in writing, for
the following described improvements;
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 Drops And Installation of a Fiber -To -The -Premise Network, Contract No.1094
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 ill 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 Junsdlction 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 3rd day of November
y
SURETY:
PRINCIPAL:
20 23
Fidelity and D=posit Company of Maryland ITG Communicat!tis LC
.urety Company
13.
Si _nature Att rney-in-Fact/Officer Signature
Simone erhard Joel R as
Printed Name of Attorney-in-Fact/Officer
Fidelity and Deposit Company of Maryland
Company Name
777 S. Figueroa Street, Suite 3900
Company Address
Los Angeles, CA 90017
City, State, Zip Code
213 270 0716
Printed Name
Chief Financial Officer (CFO)
Title
2400 E. Commericial Blvd., Suite 711
Address
Fort Lauderdale, FL 33308
City, State, Zip Code
305 978 9095
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.
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
CIVIL CODE § 1189
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of Los Angeles
On NOV 0 3 2023 before me, D. Garcia, Notary Public
Date
Here Insert Name and Title of the Officer
Personally appeared Simone Gerhard
Name(s) of Signer(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to
the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrumentthe person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
D. GARCIA
COMM. #2354770 z
Notary Public • California o
Los Angeles County -,
My Comm. Expires Aar.18, 2025 /
Place Notary Seal Above
I certify under PENALTY OF PERJURY under the laws of the
State of California that the foregoing paragraph is true an
d correct.
WITNESS my hand and official eal.
Signature
OPTIONAL
Signature of Notary Public
Though this section is optional, completing this information can deter alteration of the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document Document Date
Number of Pages
Capacity(ies) Claimed by Signer(s)
Signer's Name
Corporate Officer—Title(s)
r
I
I
Signer(s) Other Than Named Above
Partner 111 Limited _ General
Individual
Trustee
Other
Attorney in Fact
Guardian or Conservator
Signer's Name
Corporate Officer—Title(s)
I
Partner _ Limited General
Individual
Trustee
Other
Attorney in Fact
Guardian or Conservator
Signer Is Representing Signer Is Representing
1
EMPLOYMENT AGREEMENT
This Employment Agreement (the “Agreement”) is made and entered into effective as of July 24,
2023, by and between the Waterloo Telecommunications Utility, Waterloo, Iowa, d/b/a Waterloo
Fiber, a municipal communications utility (the “Employer”), and Eric Lage (the “Employee”),
each of whom understand as follows:
WHEREAS, Employer desires to employ the services of Employee to serve in the capacity of
General Manager of Telecommunications; and
WHEREAS, it is the desire of the Board of Trustees of the Waterloo Telecommunications Utility
(hereinafter the “Board”), to provide certain benefits, establish certain conditions of employment,
and set working conditions of said Employee; and
WHEREAS, it is the desire of Employer to secure and retain the services of Employee, to
provide inducement for him to continue to remain in such employment, and to provide a means
for terminating Employee’s services at such time as he may be unable to fully discharge his
duties or when Employer may otherwise desire to terminate his employ; and
WHEREAS, Employee desires to be employed as General Manager of Telecommunications of
the Waterloo Telecommunications Utility.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
agree as follows:
1. Term of Agreement
1.1. Employee understands that he serves as General Manager of Telecommunications at the
discretion of the Board. Nothing in this Agreement shall prevent, limit, or otherwise interfere
with the right of the Board to terminate the services of the Employee, at any time, subject only to
the provisions set forth in this Agreement.
1.2. This Agreement shall expire on December 31, 2028. The Agreement shall be renewed for an
additional five-year term unless one party delivers to the other party a written notice of non-
renewal on or before September 30, 2028.
1.3. Nothing shall prevent, limit or otherwise interfere with the right of the Employee to resign at
any time from his position with the Employer, subject only to the provisions set forth in this
Agreement.
2. Compensation
2.1. Base Salary: Employer agrees to pay Employee an annual base salary of $140,000 per
calendar year payable biweekly in equal installments. Effective January 1 of each calendar year,
commencing on January 1, 2024, Employee’s annual base salary shall be increased by 2% as a
cost-of-living adjustment. The amount of the annual base salary shall be set by Board resolution,
which resolution, when adopted, shall become part of this section of the Agreement. This
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Agreement shall be automatically amended to reflect any other salary adjustments provided or
required by the Employer's compensation policies.
2.2. Customer Sign-up Incentive Pay: In recognition of the vital role that the Employee serves in
operating the Employer’s business and ensuring the timely and high-quality delivery of services
to the Employer’s customers, and as an incentive for the Employee to oversee and direct a
customer-driven organization so as to subscribe and maintain the greatest number of customers
for the services offered or to be offered by the Employer, the Employer desires to offer incentive
compensation to the Employee as described in the Waterloo Fiber Incentive Compensation Plan.
Each calendar year during the term of this Agreement, the Employee shall be entitled to receive
an incentive payment (the “Incentive”) calculated as set forth in said Plan. Except as set forth in
Section 2.3 below, the Employer shall pay the Incentive to the Employee no later than March 31
of the following year.
2.3. Incentive Forfeiture and Repayment: Notwithstanding anything to the contrary in Section
2.2, Employee shall forfeit the Incentive in its entirety if, at any time before the Incentive is paid,
(a) the employment of Employee is terminated for cause, as defined in Section 5 below, or (b)
such employment is terminated for reasons other than cause but Employee has violated any of
the restrictive covenants set forth in Section 13. If, during any post-employment period in which
the restrictive covenants set forth in Section 13 are in force, the Employee is found to have
engaged in conduct that violates any of such restrictive covenants, then in the Employer’s sole
discretion and upon written demand the Employee shall be required to repay to the Employer the
most recent Incentive payment received b y the Employee. Iin addition to other methods,
repayment may occur by offset against any severance payments owed.
2.4. Employer shall not, at any time during this Agreement, reduce the base salary or other
benefits of Employee, except to the degree that such reduction occurs across-the-board for all
employees of Employer. This provision shall not apply to the incentive pay structure detailed in
Section 2.2 of this Agreement.
3. Performance Evaluation
3.1. The Board shall review and evaluate the performance of the Employee at least once
annually. Said review and evaluation will be fair and reasonable based on the Employee’s job
description on file and job performance based on criteria developed by Employer. Further, the
Board shall provide the Employee with a summary written statement of the Board’s performance
review and evaluation and provide an adequate opportunity for the Employee to discuss his
evaluation with the Board.
3.2. Annually, the Board and Employee shall define such goals and performance objectives
which they determine necessary for the proper operation of the Waterloo Telecommunications
Utility and in the attainment of the Board’s policy objectives and shall further establish a relative
priority among those goals and objectives, said goals and objectives to be reduced to writing.
They shall generally be attainable within the time limitations as specified and the annual
operating and capital budgets and appropriations provided.
3.3. In effecting the provisions of this section, the Board and Employee mutually agree to abide
by the provisions of the applicable law.
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4. Resignation
4.1. In the event Employee voluntarily resigns his position with Employer during his
employment, Employee shall give Employer ninety (90) days’ written notice in advance unless
the parties mutually agree otherwise.
4.2. In the event Employee voluntarily resigns his position with Employer during employment
and provides written notice, Employee shall receive payment for unused vacation, sick and
personal time and other benefits usually paid other Employees at separation pursuant to
Employer's policies and procedures, unless otherwise specified in this Agreement.
4.3. If Employee does not provide proper written notice and voluntarily resigns from this
position with Employer during employment, Employee shall not be entitled to receive any
severance benefits, except he shall be eligible to receive payment of unused vacation, sick and
personal time consistent with what is usually paid to other employees who voluntarily resign
without proper written notice.
5. Termination for Cause
5.1. Employer may immediately terminate this Agreement at any time for cause. If Employee is
terminated for cause, he shall receive no severance pay, except he shall be eligible to receive
payment for unused vacation, sick and personal time and other benefits usually paid other
Employees who are terminated for cause pursuant to the Employer's policies and procedures.
5.2. For purposes of this Agreement, the term “for cause” shall mean, in the Board’s judgment,
(a) serious misconduct, including but not limited to conduct, whether personal or professional,
that may bring public embarrassment or disgrace to the Employer, (b) conviction of a serious
violation of law or regulations, (c) documented unsatisfactory performance consistent with
regulations set forth in the employee handbook, (d) failure to meet goals and performance
objectives set by the Board, or (e) material breach of any of the terms of this Agreement,
particularly including but not limited to any of the restrictive covenants set forth in Section 13.
6. Termination Without Cause; Severance
6.1. In the event Employer wishes to terminate employment without cause, it may do so by
giving the Employee 90 days' notice in writing. In such event, the Employee, if requested by the
Employer, shall continue to render his services and shall be paid his regular compensation to the
date of termination per the written notice.
6.2. Upon termination without cause the Employee shall be entitled to 90 calendar days of
severance pay from the termination date and payment of unused vacation, sick and casual time
and other benefits usually paid other Employees at termination pursuant to Employer's policies
and procedures.
6.3. All health insurance benefits the Employee is participating in at the time of separation shall
also continue for 90 calendar days after the date of employment termination.
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6.4. With respect to any severance payments made to the Employee, the Employer agrees to pay
the Employee every two weeks equal to 90 calendar days’ aggregate salary minus any and all
applicable taxes, plus continue paid health insurance payments for the same duration.
7. Health and Dental, Disability, Pension and Life Insurance Benefits
7.1. It is understood that at the time of entering into this Agreement Employer does not have a
disability and life insurance benefit plan. Employer agrees to establish policies and procedures
to provide for leaves of absence and other benefits within one year of the effective date of this
Agreement.
7.2. Employer shall, through the City of Waterloo, make available to Employee health insurance
through Wellmark, dental insurance through Delta Dental, and eye insurance through Avesis.
Employee agrees to pay for such insurance at the same rate as is charged to employees of the
City of Waterloo. Employee understands that at such time as the utility has three employees, the
utility will be required to obtain health, dental and vision insurance benefits and such benefits
through the City of Waterloo shall be discontinued.
8. Work Hours
8.1. It is recognized that Employee must devote a significant time outside the normal office
hours to the business of the Employer, and to that end Employee will be allowed appropriate
flexibility in his normal office hours, as approved by the Board Chair.
9. Paid Time Off - Sick, Vacation, Personal, and Holidays
9.1. Sick Time: Employee will be credited 40 hours of sick time upon employment through
December 31, 2023. A bank of 96 hours of sick time will be accrued annually on January 1 of
each calendar year, commencing on January 1, 2024.
9.2. Personal Time: Employee will be credited 16 hours of personal time one year from the
effective date of this Agreement. On January 1, 2025, and January 1 of each calendar year
thereafter Employee will receive 32 hours of personal time.
9.3. Vacation Time: Employee will be credited 40 hours of vacation time upon employment
through December 31, 2023. A bank of 160 hours of vacation time will be accrued annually on
January 1 of each calendar year, commencing on January 1, 2024.
9.4. Holidays: Employee is considered to be on-call twenty-four (24) hours a day; however,
unless his services are needed, the Employee shall not be required to work on those days which
have been designated as holidays by the Waterloo Telecommunications Utility.
10. Retirement
10.1. The IPERS pension plan will be available for the Employee to participate. The Employer
will contribute the state mandated employer match into the plan.
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11. General Business Expenses
11.1. Professional Dues and Subscriptions: Employer agrees to budget for and to pay for
reasonable professional dues and subscriptions of the Employee necessary for continuation and
full participation in national, regional, state, and local associations, and organizations necessary
and desirable for the Employee’s continued professional participation, growth, and advancement,
and for the good of the Employer.
11.2. The Employer acknowledges the value of having Employee participate and be directly
involved in local civic clubs or organizations. Accordingly, Employer shall pay for the
reasonable membership fees and/or dues to enable the Employee to become an active member in
said clubs or organizations.
11.3. Travel Expense: Employer agrees to pay for eligible and properly approved travel expenses
of Employee according to policies and procedures adopted by the Board. Receipts for all
expenses, meeting agendas, Employee expense reports and any other documents required by
policy shall be attached to paperwork submitted for payment, in accordance with bill payment
policies and procedures adopted by the Board. Such documents shall be submitted as soon as
possible after expenses are incurred.
11.4. The Utility agrees to reimburse the Employee for approved expenses as soon as possible
after proper documentation is provided. Reimbursement will be made in accordance with the
Utility’s bill payment schedule.
11.5. Employer shall furnish the Employee all equipment, material, manpower and transportation
necessary to the efficient performance of the official duties as General Manager of
Telecommunications as determined by the Board.
12. Miscellaneous
12.1. Employee shall perform those duties as outlined in the job description approved by the
Board, which establishes the General Manager of Telecommunications position.
12.2. Employee shall devote his full time and talents to the best of his ability and to the best
interest of the Waterloo Telecommunications Utility, in the discharge of his duties.
12.3. The employment provided for by this Agreement shall be the Employee’s primary
employment. Any outside activity or employment duties may only be performed by Employee
during Employer non-working hours and must not interfere with Employee’s ability to properly
perform his job duties for Employer or pose a conflict of interest with Employer. When such
outside employment consists of professional consultation or other related services, prior approval
must be received from the Board.
12.4. Employer agrees that it shall defend, hold harmless, and indemnify the Employee against
any tort, professional liability from all demands, claims, suits, actions, errors, whether groundless
or otherwise, arising out of an alleged act or omission occurring in the performance of
Employee's duties in legal proceedings brought against him in his individual capacity or in his
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official capacity, provided the incident arose while he was acting within the scope of his
employment and not attributable to the Employee’s gross negligence or willful misconduct.
12.5. If in the good faith opinion of the Employer and Employee, conflict exists as regards to the
defense of any such claim between the legal position of the Employer and the Employee, the
Employee may engage counsel, in which event the Employer shall indemnify the Employee for
the reasonable cost of legal counsel.
12.6. The Employer agrees to pay all reasonable litigation expenses of Employee throughout the
pendency of any litigation to which the Employee is a party, witness or advisor to the Employer.
Such expense payments shall continue beyond Employee's service to the Employer as long as
litigation is pending.
12.7. Employer agrees to pay Employee reasonable consulting fees and travel expenses when
Employee serves as a witness, advisor or consultant to Employer regarding pending litigation, if
the Employee is no longer working for the Employer at that time.
12.8. Employer shall bear the full cost of any fidelity or other bonds required of the Employee
under any law.
12.9. Employee agrees to maintain residency in the City of Waterloo. Because Employee
currently lives outside of City limits, Employee shall have one year from the effective date of
this Agreement to satisfy this residency requirement by either moving into City limits or by
beginning construction of his personal residence on a lot within City limits with the intention of
moving into said residence within twelve (12) months after commencement of construction.
12.10. Employee acknowledges that the Employer is in an organizational phase and certain
policies and procedures relating to the organization are being developed. Employee agrees to
work with the Board to develop policies and procedures for the Employer and abide by such
policies and procedures upon adoption by the Board.
13. Restrictive Covenants
13.1. Covenant Against Competition: During the term of Employee’s employment with the
Employer and for a period of two (2) years from the voluntary or involuntary termination of
Employee’s employment with the Employer for any reason whatsoever, Employee will not,
directly or indirectly, solicit business with any current or potential customer, wherever located,
of Employer.
13.2. Covenant Against Disclosure of Confidential Information: During the term of Employee’s
employment with the Employer, and at any time after the voluntary or involuntary termination of
Employee’s employment with the Employer for any reason whatsoever, Employee shall not use
for any purpose other than the Employer’s purposes, or disclose to any person or entity except as
necessary in the ordinary conduct of Employer’s business and subject to the recipient’s execution
of a non-disclosure agreement, any confidential information acquired during the course of his
employment with the Employer. Employee shall not, directly or indirectly, copy, take, or remove
from the Employer’s premises, any of the Employer’s books, records, customer lists, or any other
documents or materials. The term “confidential information” as used in this Agreement includes,
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but is not limited to, records, lists, and knowledge of the Employer’s customers, methods of
operation, plans, processes, trade secrets, and personnel records, as the same may exist from time
to time, subject to such disclosures are may be required under the Iowa Open Records Law.
13.3. Non-solicitation of Customers: During the term of Employee’s employment with the
Employer and for a period of two (2) years from the voluntary or involuntary termination of
Employee’s employment with the Employer for any reason whatsoever, Employee shall not
solicit, induce, or attempt to induce any past or current customer of the Employer (a) to cease
doing business in whole or in part with or through the Employer; or (b) to do business with any
other person, firm, partnership, corporation, or other entity which performs services materially
similar to or competitive with those provided by the Employer.
13.4. Non-solicitation of Employees: During the term of Employee’s employment with the
Employer and for a period of two (2) years from the voluntary or involuntary termination of
Employee's employment with the Employer for any reason whatsoever, Employee shall not
solicit for employment or employ, or solicit for engagement or engage as an independent
contractor, any employee of the Employer, nor induce, influence, recruit, encourage or otherwise
attempt to cause any employee of the Employer to terminate his or her employment with the
Employer.
13.5. Remedies: In addition to all the remedies otherwise available to the Employer, including,
but not limited to, recovery from Employee of damages and reasonable attorneys' fees incurred
in the enforcement of this Agreement, the Employer shall have the right to injunctive relief to
restrain and enjoin any actual or threatened breach of the terms of this Agreement. All the
Employer's remedies for breach of this Agreement shall be cumulative and the pursuit of one
remedy shall not be deemed to exclude any other remedies.
13.6. Reasonableness of Restrictions: Employee has carefully read and considered the
provisions of this Section 13 and, having done so, agrees that the restrictions set forth herein
(including, but not limited to, the time period of restriction and the geographical areas of
restriction) are fair and reasonable and are reasonably required for the protection of the
legitimate business interests of the Employer.
14. General Provisions
14.1. Integration: This Agreement sets forth and establishes the entire understanding between the
Employer and the Employee relating to the employment of the Employee by the Employer. Any
prior discussions or representations by or between the parties are merged into and rendered null
and void by this Agreement. The parties by mutual written agreement may amend any provision
of this Agreement.
14.2. Binding Effect: This Agreement shall be binding on the Employer and the Employee as
well as their respective heirs, assigns, executors, personal representatives and successors in
interest.
14.3. Effective Date: This Agreement shall become effective on Employee’s first date of
employment, commencing on July 24, 2023.
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14.4. Severability: The invalidity or partial invalidity of any portion of the Agreement will not
affect the validity of any other provision. In the event that any provision of this Agreement is
held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if
they have been executed by both parties subsequent to the expungement or judicial modifications
of the invalid provision.
14.5. Other Terms and Conditions of Employment: Employer, in consultation with the
Employee, may fix any such other terms and conditions of employment, as it may determine
from time to time, relating to the performance of the Employee, provided such terms and
conditions are not inconsistent with or in conflict with the provisions of this Agreement, policies,
or any other law.
14.6. Governing Law: This Agreement shall be governed by the laws of the State of Iowa.
15. Notices
15.1. Notices pursuant to this Agreement shall be given by deposit in the custody of the United
States Postal Service, postage prepaid, addressed as follows:
Employer: Board Secretary
City Hall
715 Mulberry Street
Waterloo, IA 50703
Employee: Eric Lage, to his most recent residence address as shown in
the personnel or payroll records of the Employer
Alternatively, notices required pursuant to this Agreement may be personally served in the same
manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of
personal service or as the date of deposit of such written notice, postage prepaid, in a US Postal
Service receptacle.
16. Disputes
16.1. Informal Negotiation: The parties shall initially attempt to resolve all claims, disputes, or
controversies arising under, out of, or in connection with this Agreement by conducting good
faith negotiations. The dispute shall be considered to have arisen when one party sends to the
other party a written notice of dispute. If the parties are unable to resolve the matter following
good faith informal negotiations within thirty (30) days, the parties agree to submit the dispute to
mediation.
16.2. Mediation: Within fourteen (14) days following the expiration of the time period for
informal negotiations in 16.1, the parties shall attempt to agree upon a neutral and qualified
mediator to assist the parties in resolving the dispute. If the parties fail to agree upon a mediator,
the parties shall request the American Arbitration Association (“AAA”) to appoint a qualified
mediator for a mediation to be held in Black Hawk County, Iowa. The period for mediation shall
commence upon the appointment of the mediator and shall not exceed sixty (60) calendar days,
unless such time period is extended by mutual agreement of the parties. The mediator’s fees and
9
AAA fees shall be shared equally by the parties, but otherwise the parties will bear their own
costs for mediation. If the parties are unable to resolve the matter through informal negotiations
or mediation, the parties agree to submit such dispute to arbitration, which the parties agree shall
be the exclusive means for resolving disputes which the parties cannot otherwise resolve as
described above.
16.3. Arbitration: Subject to prior compliance with the requirements of Sections 16.1 and 16.2,
any dispute may be resolved by arbitration conducted pursuant to Chapter 679A of the Code of
Iowa. The parties shall attempt to agree in writing upon a neutral and qualified arbitrator within
fourteen (14) days following the delivery of written notice by either party to the other party
setting out the dispute in general terms and requesting that the dispute be resolved by arbitration.
If the parties cannot agree upon a single arbitrator, each party shall appoint its own arbitrator,
and the arbitrators so appointed shall themselves appoint at least one additional arbitrator to
ensure that there are an odd number of arbitrators. The decision of the arbitrator, or, in the case
of more than one arbitrator, the simple majority decision of such panel of arbitrators, shall
determine all issues in dispute between the parties. Said decision shall be final and binding and
shall not be subject to appeal on a question of fact, law, or mixed fact and law, except as
permitted under Chapter 679A. Arbitration shall be conducted in Waterloo, Iowa. Fees of the
arbitrator(s) shall be shared equally by the parties, but otherwise each party will bear its own
arbitration costs, including but not limited to attorney’s fees and expenses. Except where clearly
prevented by the area in dispute, both parties agree to continue performing their respective
obligations under this Agreement while the dispute is being resolved.
16.4. Discovery in Arbitration: Consistent with the expedited nature of arbitration, each party
will, upon written request of the other party, promptly provide the other with copies of
documents legally relevant to the issues raised by any claim or counterclaim. Any dispute
regarding discovery or the relevance or scope thereof shall be determined by the arbitrator(s),
which determination shall be conclusive. All discovery shall be completed within sixty (60)
days following appointment of the arbitrator(s).
16.5. Remedies: The arbitrator(s) may grant any relief available at law or in equity, including
but not limited to equitable remedies of specific performance and injunction. Because the
Employer will be irreparably damaged if the restrictive covenants set forth in Section 13 are not
specifically enforced, it shall be entitled to an injunction restraining any violation of the said
provisions by the Employee, or to any other appropriate decree of specific performance, in
addition to any other remedies allowed by applicable law. The Employee hereby waives any
requirement that the Employer post bond or show the likelihood of damages as a condition to
issuance of a writ of injunction.
16.6. Attorney Fees: In the event of any mediation or arbitration to interpret, settle or enforce
any of the provisions of this Agreement, each party shall bear its own attorney’s fees and costs,
except that the Employee shall bear the reasonable attorney’s fees and expenses incurred by the
Employer in any dispute where the Employee is found to have violated any of the restrictive
covenants set forth in Section 13.
IN WITNESS WHEREOF, the Waterloo Telecommunications Utility has caused this Agreement
to be signed and executed by the Board Chair as duly authorized by resolution of the Board, and
duly attested by the Board Secretary.
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EMPLOYEE EMPLOYER
_________________________ By: ___________________________
Eric Lage Andy Van Fleet, Board Chair
Attest: _________________________
Kelley Felchle, Board Secretary