HomeMy WebLinkAbout01.21.2026 Telecom Board Agenda
BOARD
MEMBERS
Andrew
Van Fleet
Board Chair
Theodore
Batemon
Ritch
Kurtenbach
Mike
Young
Amy
Wienands
City Council
Liaison:
Steve
Schmitt
January 21, 2026
Waterloo City Council Chambers
Waterloo City Hall
4:00 p.m.
1. Roll call.
2. Approval of the agenda, as presented.
3. Approval of the minutes of December 16, 17, and 22, 2025 meetings, as presented.
4. Resolution No. 2026-01 approving payment of bills for December 2025.
5. Motion approving Change Order No. 038, for a net increase of $10,639.52, in
conjunction with the FY2023 Construction of a Fiber-to-the-Premise Feeder/Distribution
and Backbone Network Project, Contract No. 1088.
6. Motion approving Change Order No. 039, for a net increase of $12,187.50, in
conjunction with the FY2023 Construction of a Fiber-to-the-Premise Feeder/Distribution
and Backbone Network Project, Contract No. 1088.
7. Motion approving a Wholesale Master Services Agreement with Northern Iowa
Communications Partners, LLC.
8. Update from general manager and consultants.
9. Closed session pursuant to Iowa Code Section 388.9(1) to discuss marketing and
pricing strategies or proprietary information if its competitive position would be harmed
by public disclosure not required of potential or actual competitors, and if no public
purpose would be served by such disclosure.
10. Adjourn.
Kelley Felchle
Board Secretary
WATERLOO
Telecommunications Utility Board of Trustees
TELECOMMUNICATIONS UTILITY
BOARD OF TRUSTEES SPECIAL SESSION
City Clerk’s Office
December 16, 2025
1:00 p.m.
1. Members present: Mr. Van Fleet, Mr. Batemon, Mr. Kurtenbach and Mr. Young. Ms.
Wienands was absent.
2. Moved by Kurtenbach seconded by Batemon that the agenda as presented, be approved.
Voice vote-Ayes: Four. Motion carried.
3. Moved by Young seconded by Kurtenbach to adopt a Resolution amending the Resolution
adopted September 6, 2023, authorizing the issuance of Taxable Communications Utility
Revenue Capital Loan Notes Anticipation Project Note, Series 2023, as amended by the
Resolution adopted November 14, 2024, and authorizing execution and delivery of a Second
Replacement Note. Roll Call vote-Ayes: Four. Motion carried. Resolution No. 2025-033.
Maggie Burger, Speer Financial, explained that this is an amendment to the taxable working
capital and the operational money that the utility is using. There are currently four million
dollars outstanding, and this action would amend that to six million dollars. She added that
they are hoping that shortly after adding the two million, the operational costs would be
covered by actual revenues coming in. The first draw will be six hundred and fifty thousand on
the date of closing with three additional draws of four hundred and fifty thousand dollars. She
noted that the maturity date of the existing note will be extended to 12/1/2028.
Mr. Van Fleet commented that he had a question related to the Compliance Policy and the
need to designate a compliance coordinator. He questioned whether the board needs to
officially designate Eric Lage as the compliance coordinator and further noted that it should
probably be added to his job description due to the significant number of added
responsibilities.
Steve Nadel, Ahlers Law, commented that this is a separate item on the agenda and should
be considered separately from the authorizing resolution, then went on to explain that typically
the board secretary or the general manager would be the compliance officer. However,
because Kelley’s role is primarily on the council side of things, he thought it would be more
appropriate for Eric as general manager. He further explained the importance of
understanding the policy and suggested he and Eric find an hour or so for training.
Maggie Burger concurred and commented that training could possibly be extended to Todd
and Doug as well because the coordinator oversees the things that others are doing.
The board members continued to discuss managing compliance requirements and developing
some framework to use as a tool to outline various timelines and deadlines for action items
that need to come before the board.
Steve Nadel commented on compliance items as they relate to the expenditure of tax-exempt
bond proceeds. Discussion continued with the board members and Maggie Burger.
4. Moved by Young seconded by Kurtenbach to adopt a Resolution Approving Post-Issuance
Compliance Policy. Roll Call vote-Ayes: Four. Motion carried. Resolution No. 2025-034.
5. Adjourn.
Page 2
With no further business before the board, it was moved by Kurtenbach seconded by
Young that the meeting be adjourned at 1:38 p.m. Voice vote-Ayes: Four. Motion carried.
Kelley Felchle
Board Secretary
TELECOMMUNICATIONS UTILITY
BOARD OF TRUSTEES
Council Chambers
December 17, 2025
4:00 p.m.
1. Members present: Mr. Van Fleet, Mr. Young, Mr. Batemon, Mr. Kurtenbach. Ms.
Wienands was absent.
2. Moved by Kurtenbach seconded by Young that the agenda as presented, be
approved. Voice vote-Ayes: Four. Motion carried.
3. Moved by Kurtenbach seconded by Young to approve the minutes of November 19,
2025, regular session, as presented. Voice vote-Ayes: Four. Motion carried.
4. Moved by Kurtenbach seconded by Young to adopt a resolution approving payment of
bills for November 2025. Roll Call vote-Ayes: Four. Motion carried. Resolution No.
2025-033A.
5. Moved by Young seconded by Kurtenbach to adopt a resolution fixing date for a
meeting on the authorization of a Loan Agreement and the issuance of not to exceed
$60,000,000 Communications Utility Revenue Capital Loan Notes of the City Of
Waterloo, State of Iowa, and providing for publication of notice thereof. Roll Call vote-
Ayes: Four. Motion carried. Resolution No. 2025-034A.
Maggie Burger, Speer Financial, shared that they are seeking to set up a special
meeting on Monday, December 22, 2025, to give authorization for the $60,000,000
construction loan. She commented that this could be a virtual meeting.
The board members agreed that Monday, December 22, 2025, at 10:00 a.m. would
work for the schedules.
6. Moved by Kurtenbach seconded by Young to adopt a resolution approving wages for
2026. Roll Call vote-Ayes: Four. Motion carried. Resolution No. 2025-035.
Eric Lage, General Manager, explained that hourly wages are approved each year for
employees that do not have an employment agreement. This is a two percent cost of
living increase for 2026 and noted there are three employees that will get an extra
dollar per hour based on merit.
Mr. Kurtenbach and Mr. Van Fleet commented that in the future it would be good to
have their positions listed as well as longevity.
7. Moved by Young seconded by Kurtenbach to adopt a resolution authorizing the
approval of and participation in A Joint Powers Agreement and Declaration of Trust for
the Iowa Public Agency Investment Trust, authorizing investments through the fixed
term automated investment program of IPAIT and authorizing IPAIT to designate and
Page 2
name depositories. Roll Call vote-Ayes: Four. Motion carried. Resolution No. 2025-
036.
Eric Lage, General Manager, provided an overview of the item.
Paul Kruse, Iowa Public Agency Investment Trust, provided an overview of the
background on IPAIT and how this investment program works.
Maggie Burger, Speer Financial, commented that most clients they work with utilize
IPAIT accounts.
8. Moved by Kurtenbach seconded by Young, to approve a Master Services Agreement
with Render for Construction Management Services Software. Voice vote-Ayes: Four.
Motion carried.
Eric Lage, General Manager, provided an overview of the software and shared how it
will cut back on the time they currently spend on manually managing drop crews. I t is
a one-year agreement and the cost for the first year is $61,000, which includes a 50
percent discount.
Mr. Van Fleet questioned who owns the data and whether it is exportable.
Eric Lage commented that Waterloo Fiber owns the data and shared that it is
exportable.
9. Moved by Young seconded by Kurtenbach to adjourn to a closed session at 4:26 p.m.,
pursuant to Iowa Code Section 388.9(1) to discuss marketing and pricing strategies or
proprietary information if its competitive position would be harmed by public disclosure
not required of potential or actual competitors, and if no public purpose would be
served by such disclosure. Roll Call vote-Ayes: Four. Motion carried.
Moved by Van Fleet seconded by Kurtenbach to adjourn from closed session at 4:57
p.m. Roll Call vote-Ayes: Three. Motion carried. (Mr. Young left the meeting at 4:50
p.m.)
10. Adjourn.
With no further business before the board, it was moved by Van Fleet seconded by
Kurtenbach that the meeting be adjourned at 4:57 p.m. Voice vote-Ayes: Four. Motion
carried.
Kelley Felchle
Board Secretary
TELECOMMUNICATIONS UTILITY
BOARD OF TRUSTEES
Special Session
December 22, 2025
10:00 a.m.
1. Members present: Mr. Van Fleet, Mr. Young and Mr. Kurtenbach. Mr. Batemon and
Ms. Wienands were absent.
2. Moved by Young seconded by Van Fleet that the agenda as presented, be approved.
Voice vote-Ayes: Three. Motion carried.
3. Moved by Young seconded by Kurtenbach to approve a Tax Exemption Certificate for
$60,000,000 Communications Utility Revenue Capital Loan Notes, Series 2025. Voice
vote-Ayes: Three. Motion carried.
Maggie Burger, Speer Financial, provided an overview of how the tax-exempt
certificate differs from the taxable working capital debt.
Steve Nadel, Ahlers & Cooney, provided additional information regarding compliance
items with federal income tax laws and regulations.
4. Moved by Young seconded by Kurtenbach to adopt a resolution approving and
authorizing a form of Loan Agreement and a form of Continuing Covenant Agreement
and authorizing and providing for the issuance of Capital Loan Notes and providing for
a method of payment of the Notes, for $60,000,000 Communications Utility Revenue
Capital Loan Notes, Series 2025. Roll call vote-Ayes: Three. Motion carried.
Resolution No. 2025-037.
Maggie Burger, Speer Financial, provided information on this short -term note that will
be available for approximately 2-3 years and is for construction of this project. She
reminded the board that Waterloo Fiber does owe the City of Waterloo money as they
have been carrying the cost of construction to this point but does not include the city’s
backbone system.
Travis Squires, Piper Sandler, thanked everyone for their efforts on getting us to this
point. He provided an overview of the financing, mandatory tendering at the three-
year mark with a rate increase to 5.15 percent. He commented that the utility could
pay this loan off early to avoid the rate hike. He further mentioned penalties and
restrictions.
Mr. Van Fleet asked the total amount that is owed to the city and if that would be paid
on December 30, 2025.
Maggie Burger confirmed and shared that the invoice amount is $22,163,155.32. The
utility’s portion going into the IPAIT account is $36,881,844.68.
Page 2
Mr. Kurtenbach asked to see the actual dollar amounts that went to pay each of the
entities.
Maggie Burger explained that the closing memo has been drafted and said she could
provide those amounts tonight if desired.
Steve Nadel, Ahlers & Cooney, provided additional comments regarding the 3-year
tender requirements. He shared that certain conditions must be met to go beyond the
3-year mark and outlined those conditions. He cautioned how quickly time would pass
and encouraged that things are monitored closely and run smoothly to avoid hiccups
in the timeline. He also encouraged the utility to identify a permanent lender as early
as possible as the utility’s revenue stream and financials improve.
5. Adjourn.
With no further business before the board, it was moved by Kurtenbach seconded by
Young that the meeting be adjourned at 10:31 p.m. Voice vote-Ayes: Three. Motion
carried.
Kelley Felchle
Board Secretary
ACP INTERNATIONAL SUPPLIES 1,344.71
ADVANTAGE ADMINISTRATORS HEALTH INSURANCE $2,726.39
AFLAC RETIREMENT $787.50
AHLERS & COONEY, P.C.LEGAL 17,600.00
AMAZON CAPITAL SERVICES SUPPLIES $594.41
AVESIS INSURANCE $137.31
CALIX TECHNOLOGY SERVICES 9,923.68
CAMVIO, INC TECHNOLOGY SERVICES 1,818.75
CEDAR FALLS UTILITIES TECHNOLOGY SERVICES 3,769.36
CEDAR RAPIDS TV, LLC ADVERTISING 7,019.00
CITY OF WATERLOO FUEL FOR VEHICLES 273.76
COLOFF MEDIA ADVERTISING 1,468.00
COMMUNITY BANK & TRUST NOTE INTEREST 107,234.38
COMPLIANCE SOLUTIONS, INC TECHNOLOGY SERVICES 450.00
CONNOISSEUR FT DODGE KZLB-FM ADVERTISING 2,300.00
DELTA DENTAL INSURANCE 833.14
DICKEY'S PRINTING SUPPLIES 335.00
ELAN FINANCIAL SERVICES VISA 23,913.25
EFTPS TAXES 60,007.95
EPLUS TECHNOLOGY HARDWARE 1,237.90
Transaction List by Vendor
WATERLOO TELECOMMUNICATIONS UTILITY
December 2025
FUSE TECHNIC, LLC CONSULTING 4,025.00
IMON COMMUNICATIONS, LLC TELEPHONE SERVICES 1,750.00
IOWA DEPARTMENT OF REVENUE TAXES 4,839.56
IPERS RETIREMENT 22,676.96
ITG COMMUNICATIONS, LLC INSURANCE 500.00
JOHN RATH TRAVEL REIMBURSEMENT 249.90
KIELKOPF ADVISORY SERVICES,
LLC CONSULTING 9,450.00
LAMAR COMPANIES ADVERTISING 5,355.00
LESLEY WILDER BUILDING MAINTENANCE 600.00
MENARD, INC SUPPLIES 52.38
MIDAMERICAN ENERGY COMPANY UTILITES FOR HUTS 1,090.92
MUTUAL OF OMAHA INSURANCE 460.94
NATIONAL RURAL TELECOM COOP TECHNOLOGY SERVICES 1,000.00
ORKIN BUILDING MAINTENANCE 96.30
RICOH USA, INC SUPPLIES 177.53
RON STEELE ADVERTISING 1,500.00
SEGRA TECHNOLOGY SERVICES 6,400.00
SMARTSOURCE CONSULTING CONSULTING 1,248.75
SOUTH FRONT NETWORKS, LLC TECHNOLOGY SERVICES 850.00
SWISHER & COHRT, P.L.C.LEGAL 120.00
THE COURIER LEGAL 351.56
T-MOBILE TECHNOLOGY SERVICES 260.59
TWIN TREES, LLC RENT 13,705.28
UNDERGROUND LOCATION
COMPANY TECHNOLOGY SERVICES 987.30
VGM GROUP, INC SUPPLIES 3,205.11
VOYA FINANCIAL RETIREMENT 150.00
VOYANT TELEPHONE SERVICES 601.55
WELLMARK INSURANCE 14760.38
No
CR-2025-0038
ITG
Michael Regan
PM Broadband Implementation
City of Waterloo/Waterloo
Fiber/Eric Lage
Change Request Overview
Description of Change (include location)
Reason for Change
Labor & material pricing came from the original BoM pricing approved by Waterloo Fiber and the City of
Waterloo associated with Contract # 1088Material Submittals/ Specifications
Approximately 2,552 feet of 144ct microfiber and additional splicing line items were not accounted for in the
original CR 2025-0027.
The following Change Order has been created to account for additional construction labor and materials
associated with the updated design plan for Paradise Estates in LCP 034.
Will Be Subject To The Withholdings and Release Set Forth In The
Contract Sections 6.2(f)(i) and (ii)
Change Order Request
Clayton Johnston
VP of Construction
Client/Owner
11/17/2025
$10,639.52Change Order Name:
Construction Contractor Name (Attn)
Magellan Project Manager:
Client/Owner (Attn)
Change Order Type
Change Order Cost:
Request Date:
Requested By:
Entrust Sign-Off
Design/Engineering
Retainage
Location
Work Order #
Labor
Underground - Buried Labor 2,552 $ 1.20 $ 3,062.40
Splicing Labor 4 $ 180.00 $ 720.00
1 $ 200.00 $ 200.00
56 $ 25.00 $ 1,400.00
*** $ 5,382.40
Materials
Fiber Material 2,552 $ 2.06 $ 5,257.12
*** $ 5,257.12
*** $ 10,639.52
144 CT Micro Fiber Cable -->[FT]
CR Materials Subtotal
TOTAL CR COST
Amount
Installation, Underground Fiber Cable - Including Slack (Micro fiber
must be blown in) -->[LF]
Itemized Breakdown of Work
Quantity Unit PriceDescription
Install New Splice Case & Prep Cable -->[EA]
Splicing, Fusion, Single Fiber -->[EA]
Re-enter splice closure -->[EA]
CR Labor Subtotal
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
**End**
Clayton Johnston VP of Construction
Charles Smith Regional Manager
Approvals
Magellan Sign-Off
Client/Owner (Attn)
Contractor Manager (not needed for design change requests)
11/17/2025
11/18/2025
No
CR-2026-0039
ITG
Michael Regan
PM Broadband Implementation
City of Waterloo/Waterloo
Fiber/Eric Lage
Retainage
Change Order Request
Clayton Johnston
VP of Construction
Client/Owner
1/5/2026
$12,187.50Change Order Name:
Construction Contractor Name (Attn)
Magellan Project Manager:
Client/Owner (Attn)
Change Order Type
Change Order Cost:
Request Date:
Requested By:
Entrust Sign-Off
Design/Engineering
Change Request Overview
Description of Change (include location)
Reason for Change
Labor & material pricing came from the original BoM pricing approved by Waterloo Fiber and the City of
Waterloo associated with Contract # 1088Material Submittals/ Specifications
Approximately 250 feet of the bore is rock and will need the unit quantities for the rock adder added to the
BoM. This bore covers both FTTH & BB infrastructure.
The following Change Order has been created to account for additional construction labor associated with
boring across the creek bed under LaFayette Street in LCP 095.
Will Be Subject To The Withholdings and Release Set Forth In The
Contract Sections 6.2(f)(i) and (ii)
Location
Work Order #
Labor
Underground - Buried Labor 250 $ 48.75 $ 12,187.50
*** $ 12,187.50
Materials
*** $ -
*** $ 12,187.50
CR Labor Subtotal
Bore Rock Adder -->[LF]
Itemized Breakdown of Work
Quantity Unit PriceDescription Amount
CR Materials Subtotal
TOTAL CR COST
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
**End**
Client/Owner (Attn)
Contractor Manager (not needed for design change requests)
Clayton Johnston VP of Construction
Charles Smith Regional Manager
Approvals
Magellan Sign-Off
1/12/2026
1/12/2026
#5024231
WHOLESALE MASTER SERVICE AGREEMENT
This Wholesale Master Service Agreement is dated _______________, 2025 (the “Agreement
Date”) and is between NORTHERN IOWA COMMUNICATIONS PARTNERS, L.L.C., an Iowa limited
liability company (“NICP” or “Provider”) and Waterloo Fiber, a/an Iowa municipal communications
utility (“Customer”).
Overview
Subject to the terms, conditions, and covenants set forth herein, the parties will enter into one or
more arrangements for communications services to support or enhance Customer’s business operations.
This Agreement sets forth the terms and conditions governing the Provider’s and the Customer’s
respective rights and responsibilities as it relates to services provided hereunder.
Capitalized terms used herein shall have the meaning set forth in Article 9 (Definitions) below or
in the body of the Agreement or, if not defined herein, the meaning standard in the telecommunications
industry.
The parties, intending to be legally bound, hereby agree as follows:
Agreement
1. SCOPE OF AGREEMENT
1.1 Master Agreement. The signing of this Agreement by the parties creates a set of agreed-
upon provisions that will be incorporated into exhibits or attachments executed by the parties. Each
signed exhibit or attachment shall constitute a contract for Services (a “Service Exhibit”) which
incorporates all terms and provisions of this Agreement. All references in this Agreement to “this
Agreement” shall be deemed to refer to the applicable Service Exhibit and the incorporated provisions of
this Agreement. To be valid, a Service Exhibit must be signed by an authorized officer of Customer and
by an authorized officer of Provider and must state that it is made pursuant to this Agreement.
1.2 Additional Documents. This Agreement incorporates all product exhibits, service or
pricing schedules or other exhibits or attachments executed by the parties, which shall apply to all
products and services Provider provides Customer pursuant to this Agreement (collectively, “Services”)
and shall continue in effect so long as Services are provided under this Agreement. In addition to the
applicable Service Exhibit, Services shall be subject to a Provider’s general terms and conditions of
service and its Acceptable Use Policy, Network Management Policy or other policies that apply in
accordance with their terms to any Service or Service capability within their respective scope (collectively
“Service Terms”), as may be modified by Provider from time-to-time.
1.3 Priority of Documents. The order of priority of the documents that form this Agreement
is: the Service Exhibit applicable to a Service; the terms expressly set forth in this Agreement and the
Provider’s other applicable Service Terms; provided that specific terms will control over general
provisions and negotiated or added terms, conditions or pricing will control over standardized, published
or non-negotiated terms, conditions and pricing.
1.4 Execution by Affiliates. An Affiliate of a Provider may sign a Service Exhibit in its own
name, and such Affiliate contract will be a separate but associated contract incorporating the terms of this
Agreement. In those cases, the Customer and Provider will cause their respective Affiliates to comply
with any such separate and associated contract. Any Customer Affiliate may purchase Services hereunder
2
provided that such Affiliate agrees to comply with the terms and conditions of this Agreement and
provided further, that Customer shall be responsible for such Affiliate’s performance hereunder.
2. RESPONSIBILITIES OF THE PARTIES
2.1 Provider Responsibilities. For the term of this Agreement, each Provider will have the
following responsibilities relating to the Services it provides:
(a) Provider will provide Services to Customer in accordance with the applicable
Service Exhibit, Service Terms and this Agreement; and
(b) Provider will comply with all laws and regulations (including applicable orders
issued by courts or other governmental bodies) applicable to Services or Provider’s exercise of its rights
or performance of its obligations under this Agreement.
2.2 Customer Responsibilities. For the term of this Agreement, Customer will have the
following obligations in regard to the Services:
(a) Customer will utilize and pay for Services in accordance with the applicable
Service Exhibit, Service Terms and this Agreement;
(b) Customer will comply with all laws, regulations or judicial or administrative
orders applicable to Services or Customer’s exercise of its rights or performance of its obligations under
this Agreement.
(c) Customer will in a timely manner allow Provider access as reasonably required
for the Services to property and equipment that Customer controls and will obtain at Customer’s expense
timely access for Provider as reasonably required for the Services; and
(d) Customer will ensure that the location at which Provider installs, maintains or
provides Services is a safe working environment, free of hazardous materials and reasonably suitable for
the Services.
2.3 Resale of Services. Unless otherwise provided in a Service Exhibit, Customer has the
non-exclusive right to resell the Services or rebrand the Services for resale on a retail basis to End Users.
Customer is solely responsible for all aspects of its resale of the Services, including: (a) all aspects of
Intermediate Provider and End User support and contracts, including measures to ensure that Intermediate
Providers and End Users comply with the Provider’s Service Terms, (b) Intermediate Provider and End
User price plans and billing, including taxes, appropriate tax remittance and bill collection; and (c)
Intermediate Provider and End User disputes, if any.
2.4 Non-Exclusive Services. The service relationship between the parties is non-excusive.
Without limiting the preceding, Provider expressly reserves the right both to contract with others to resell
the Service and to itself directly engage in the marketing and sale of the Services.
3. PRICING, BILLING AND PAYMENT
3.1 Pricing; Service Exhibit Term; Terms Applicable at End of Service Exhibit Term. Prices
for any Service are as set forth in the applicable Service Exhibit. Prices are exclusive of and Customer
will pay all Taxes and Other Charges and Fees (and any associated interest and penalties resulting from
Customer’s failure to timely pay the Taxes or Other Charges and Fees), except to the extent Customer
3
provides a valid exemption certificate prior to the delivery of Services. Provider will, to the extent
practicable, provide advance notice of additional or modified Taxes or Other Charges and Fees. The
prices listed in a Service Exhibit are stabilized until the end of the Service Exhibit Term. Unless the
Service Exhibit states otherwise, at the end of the Service Exhibit Term, Provider will continue to provide
Service under a month-to-month service arrangement at the prices, terms and conditions in effect on the
last day of the Service Exhibit Term; provided that going forward Provider may change such stabilized
prices, terms or conditions set forth in the Service Exhibit on not less than 30 days’ prior notice to
Customer.
3.2 Billing. Provider will invoice Customer in accordance with the rates and payment terms
set forth in the Service Exhibit and otherwise in accordance with Provider’s billing policies and processes
then in effect. Customer will pay all invoices without deduction, setoff or delay for any reason, except as
provided in Section 3.5 (Billing Disputes). Provider may require Customer to tender a deposit if Provider
determines, in its reasonable judgment, that Customer is not creditworthy, and Provider may apply such
deposit to any charges owed.
3.3 Payments. Unless a different due date is set forth on the invoice, payment is due within
30 days after the date of the invoice. All pricing offered, invoices issued and payments made under this
Agreement must be in United States Dollars. Restrictive endorsements or other statements on checks are
void. Customer will reimburse Provider for all costs associated with collecting delinquent or dishonored
payments, including reasonable attorneys’ fees. Provider may charge late payment fees at the lowest of
(a) 1.5% per month (18% per annum) or (b) the maximum rate allowed by law for overdue payments.
3.4 Adjustments to Pricing. If Customer, through merger, consolidation, acquisition or
otherwise, acquires a new business or operation, Customer and Provider may agree in writing to include
the new business or operation under this Agreement. Such agreement will specify the impact, if any, of
such addition on Customer’s stabilized pricing or other volume or growth discounts and on Customer’s
attainment thereof.
3.5 Billing Disputes. To dispute a charge on a bill, Customer must identify the specific
charge in dispute and provide a full written explanation of the basis for the dispute. Any billing dispute
not submitted as provided in the foregoing sentence will be deemed to have been waived. Customer may
withhold payment of a charge subject to a good faith dispute provided: (a) Customer submits the billing
dispute prior to the due date of the payment; (b) Customer pays the undisputed portion of all charges; and
(c) Customer cooperates reasonably with Provider’s efforts to investigate and resolve the dispute.
Customer may dispute past invoices, but may not withhold undisputed current charges as an offset of
disputes relating to past invoices. If Provider determines a disputed charge was billed in error, Provider
shall issue a credit to reverse the amount incorrectly billed. If Provider determines a disputed charge was
billed correctly, payment of properly due charges and properly accrued late payment fees shall be due
from Customer within five days after Provider advises Customer in writing that the dispute is denied.
Any legal action concerning a billing or payment dispute must be brought within twenty-four months of
the due date of the invoice, as provided in Section 8.9.
4. CONFIDENTIAL INFORMATION
4.1 Confidential Information. For purposes of this Agreement, “Confidential Information”
means: (a) all information the parties or their Affiliates share with each other in connection with this
Agreement or in anticipation of the provision by Provider of Services to Customer or any Affiliate under
this Agreement (including pricing or other proposals), subject to the exceptions set forth in Section 4.3
(Exceptions); and (b) except as may be required by applicable law or regulation, the terms of this
Agreement.
4
4.2 Obligations. A disclosing party’s Confidential Information will, for the entire term of
this Agreement plus a period of three (3) years following termination or expiration of this Agreement
(except in the case of software, for which the period is indefinite): (a) not be disclosed, except to the
receiving party’s employees, agents and contractors having a need-to-know (but only if such agents and
contractors are not direct competitors of the other party and agree in writing to use and disclosure
restrictions as restrictive as this Article 4) or to the extent authorized to be revealed by law, governmental
authority or legal process (but only if such disclosure is limited to that which is so authorized and prompt
notice is provided to the disclosing party to the extent practicable and not prohibited by law,
governmental authority or legal process); (b) be held in confidence; and (c) be used only for purposes of
using the Services, evaluating proposals for new services or performing this Agreement. A receiving
party shall protect such Confidential Information with at least the same degree of care as it normally
exercises to protect its own proprietary information of a similar nature, but in no event less than
reasonable care. Upon request of a disclosing party, all Confidential Information of the disclosing party
will be destroyed or returned once the receiving party has no further need or use of such Confidential
Information in connection with the Services or this Agreement.
4.3 Exceptions. The restrictions in this Article 4 will not apply to any information that: (a) is
independently developed by the receiving party without use of the disclosing party’s Confidential
Information; (b) is lawfully received by the receiving party free of any obligation to keep it confidential;
or (c) becomes generally available to the public other than by breach of this Agreement.
5. TERM, SUSPENSION AND TERMINATION
5.1 Term. As to each Service provided hereunder, the term of this Agreement shall
commence on the Agreement Date (or any different start of Service date identified on a Service Exhibit)
and shall continue until the earlier of (a) the expiration of the Service Exhibit Term or (b) the date of
termination in accordance with Section 5.2.
5.2 Rights of Termination or Suspension. The following additional termination provisions
apply:
(a) Immediate Termination. This Agreement may be terminated immediately upon
notice by either party if the other party becomes insolvent, ceases operations, is the subject of a
bankruptcy petition, enters receivership or any state insolvency proceeding or makes an assignment for
the benefit of its creditors.
(b) Material Breach. If either party fails to perform or observe any material
warranty, representation, term or condition of this Agreement, including non-payment of charges, and
such failure continues unremedied for 30 days (15 days for Customer’s failure to fulfill its payment
obligations, including failure to pay a required deposit) after receipt of notice, the aggrieved party may
terminate (and Provider may suspend and later terminate) the affected Service and, if the breach
materially and adversely affects the entire Agreement, terminate (and Provider may suspend and later
terminate) the entire Agreement.
(c) Materially Adverse Impact. If Provider revises its Service Terms, the revision
has a materially adverse impact on Customer and Provider does not effect revisions that remedy such
materially adverse impact within 30 days after receipt of notice from Customer, then Customer may, as
Customer’s sole remedy, elect to terminate the affected Service on not less than 30 days’ notice to
Provider, given not later than 90 days after Customer first learns of the revision to the Service Terms.
“Materially adverse impacts” do not include changes to non-stabilized pricing, changes required by
5
governmental authority, or assessment of or changes to additional charges such as Other Charges and
Fees or Taxes.
(d) Withdrawal of Services. Notwithstanding that a Service Exhibit may commit
Provider to provide a Service to Customer for a Service Exhibit Term, Provider may discontinue
providing a Service upon six (6) months’ notice, but only where Provider generally discontinues
providing the Service to similarly-situated customers.
5.3 Effect of Termination or Suspension.
(a) Termination or suspension of a Service by either party does not waive any other
rights or remedies a party may have under this Agreement and will not affect the rights and obligations of
the parties regarding any other Service.
(b) If a Service is terminated, Customer will pay all amounts incurred for the
terminated Service prior to the effective date of termination.
5.4 Termination Charges.
(a) If Customer terminates this Agreement or an affected Service for cause in
accordance with this Agreement, or if a Provider terminates a Service other than for cause, Customer will
not be liable for the termination charges set forth in this Section 5.4.
(b) If Customer or Provider terminates or cancels a Service other than as set forth in
Section 5.4(a), Customer (i) will pay any termination or cancellation charges set out in a Service Exhibit,
or (ii) in the absence of such specified charges, will reimburse Provider for time and materials incurred
prior to the effective date of termination, plus any third-party charges resulting from the termination.
6. LIMITATIONS OF LIABILITY AND DISCLAIMERS
6.1 Limitation of Liability.
(a) EITHER PARTY’S ENTIRE LIABILITY AND THE OTHER PARTY’S
EXCLUSIVE REMEDY FOR DAMAGES ON ACCOUNT OF ANY CLAIM ARISING OUT OF AND
NOT DISCLAIMED UNDER THIS AGREEMENT SHALL BE:
(i) FOR BODILY INJURY, DEATH OR DAMAGE TO REAL
PROPERTY OR TO TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY A
PARTY’S NEGLIGENCE, PROVEN DIRECT DAMAGES;
(ii) FOR BREACH OF ARTICLE 4 (Confidential Information), SECTION
8.1 (Publicity) OR SECTION 8.2 (Trademarks), PROVEN DIRECT DAMAGES;
(iii) FOR ANY THIRD-PARTY CLAIMS, THE REMEDIES AVAILABLE
UNDER SECTION 7.1 (Third Party Claims);
(iv) FOR CLAIMS ARISING FROM THE OTHER PARTY’S GROSS
NEGLIGENCE OR WILLFUL MISCONDUCT, PROVEN DAMAGES; OR
(v) FOR CLAIMS OTHER THAN THOSE SET FORTH IN SECTION
6.1(a)(i)-(iv), PROVEN DIRECT DAMAGES NOT TO EXCEED, ON A PER CLAIM OR
6
AGGREGATE BASIS DURING ANY TWELVE (12) MONTH PERIOD, AN AMOUNT EQUAL TO
THE TOTAL NET CHARGES INCURRED BY CUSTOMER FOR THE AFFECTED SERVICE
DURING THE THREE (3) MONTHS PRECEDING THE MONTH IN WHICH THE CLAIM AROSE.
(b) EXCEPT AS SET FORTH IN ARTICLE 7 (Mutual Indemnification) OR IN
THE CASE OF A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER
PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT
LIMITATION DAMAGES FOR LOST PROFITS, ADVANTAGE, SAVINGS OR REVENUES OR
FOR INCREASED COST OF OPERATIONS.
(c) THE LIMITATIONS IN THIS ARTICLE 6 SHALL NOT LIMIT
CUSTOMER’S RESPONSIBILITY FOR THE PAYMENT OF ALL PROPERLY DUE CHARGES
UNDER THIS AGREEMENT.
6.2 Disclaimer of Liability. PROVIDER WILL NOT BE LIABLE FOR ANY DAMAGES
ARISING OUT OF OR RELATING TO: INTEROPERABILITY, ACCESS OR INTERCONNECTION
OF THE SERVICES WITH APPLICATIONS, DATA, EQUIPMENT, SERVICES, CONTENT OR
NETWORKS PROVIDED BY CUSTOMER OR THIRD PARTIES; SERVICE DEFECTS, SERVICE
LEVELS, DELAYS OR ANY SERVICE ERROR OR INTERRUPTION, INCLUDING
INTERRUPTIONS OR ERRORS IN ROUTING OR COMPLETING ANY CALLS OR
TRANSMISSIONS (EXCEPT FOR CREDITS EXPLICITLY SET FORTH IN A SERVICE EXHIBIT
OR PRICING SCHEDULE); LOST OR ALTERED MESSAGES OR TRANSMISSIONS; OR
UNAUTHORIZED ACCESS TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF
CUSTOMER’S (OR ITS AFFILIATES’, USERS’ OR THIRD PARTIES’) APPLICATIONS,
CONTENT, DATA, PROGRAMS, INFORMATION, NETWORKS OR SYSTEMS.
6.3 Disclaimer of Warranties. PROVIDER MAKES NO REPRESENTATIONS OR
WARRANTIES, EXPRESS OR IMPLIED, SPECIFICALLY DISCLAIMS ANY REPRESENTATION
OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR
NON-INFRINGEMENT, AND SPECIFICALLY DISCLAIMS ANY WARRANTY ARISING BY
USAGE OF TRADE OR BY COURSE OF DEALING. FURTHER, PROVIDER MAKES NO
REPRESENTATION OR WARRANTY THAT CALLS OR TRANSMISSIONS WILL BE ROUTED
OR COMPLETED WITHOUT ERROR OR INTERRUPTION AND MAKES NO GUARANTEE
REGARDING NETWORK SECURITY, THE ENCRYPTION EMPLOYED BY ANY SERVICE, THE
INTEGRITY OF ANY DATA THAT IS SENT, BACKED UP, STORED OR SUBJECT TO LOAD
BALANCING OR THAT PROVIDER’S SECURITY PROCEDURES WILL PREVENT THE LOSS OR
ALTERATION OF OR IMPROPER ACCESS TO CUSTOMER’S DATA AND INFORMATION.
6.4 Application and Survival. The disclaimers of warranties and liabilities, and limitations of
liability set forth in this Agreement will apply regardless of the form of action, whether in contract,
equity, tort, strict liability or otherwise, of whether damages were foreseeable and of whether a party was
advised of the possibility of such damages, and will also apply so as to limit the liability of each party and
its Affiliates and their respective employees, directors, subcontractors and suppliers. The disclaimers of
warranties and liabilities, and limitations of liability set forth in this Article 6 will survive failure of any
exclusive remedies provided in this Agreement.
7. MUTUAL INDEMNIFICATION
7.1 Third Party Claims. Each party (as “Indemnifying Party”) shall indemnify, hold
harmless, and defend the other party, its Affiliates and their respective directors, officers, employees,
7
members, agents, legal representatives, heirs, successors and assigns (each an “Indemnified Party”)
against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements,
interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’
fees, that are incurred by Indemnified Party/awarded against Indemnified Party (collectively, “Losses”),
arising out of any third-party claim alleging:
(a) material breach or non-fulfillment of any material representation, warranty or
covenant under this Agreement by Indemnifying Party or any agent, employee or subcontractor engaged
or appointed by the applicable party (“Personnel”); or
(b) any negligent or more culpable act or omission of Indemnifying Party or its
Personnel (including any reckless or willful misconduct) in connection with the performance of its
obligations under this Agreement; or
(c) any bodily injury, death of any person or damage to real or tangible property
caused by the negligent or more culpable acts or omissions of Indemnifying Party or its Personnel
(including any reckless or willful misconduct); or
(d) any failure by Indemnifying Party or its Personnel to materially comply with any
applicable federal, state or local laws, regulations or codes in the performance of its obligations under this
Agreement; and
(e) any libel or slander against, or invasion of the right of privacy, publicity or
property of, or violation or misappropriation of any other right of any third party by Indemnifying Party
or its Personnel.
7.2 Exclusions. Notwithstanding anything to the contrary in this Agreement, an
Indemnifying Party is not obligated to indemnify or defend an Indemnified Party against any third-party
claim to the extent such third-party claim or corresponding Losses arise out of or result from, such
Indemnified Party's sole negligence or more culpable act or omission (including recklessness or willful
misconduct).
8. MISCELLANEOUS PROVISIONS
8.1 Publicity. Neither party may issue any public statements or announcements relating to
the terms of this Agreement or to the provision of Services without the prior written consent of the other
party.
8.2 Trademarks. Each party agrees not to display or use, in advertising or otherwise, any of
the other party’s trade names, logos, trademarks, service marks or other indicia of origin without the other
party’s prior written consent, which consent may be revoked at any time by notice.
8.3 Independent Contractor. Each party is an independent contractor. Neither party controls
the other, and neither party nor its Affiliates, employees, agents or contractors are Affiliates, employees,
agents or contractors of the other party.
8.4 Force Majeure. Except for payment of amounts due, neither party will be liable for any
delay, failure in performance, loss or damage due to fire, explosion, cable cuts, power blackout,
earthquake, flood, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism, acts
of God, acts of a public enemy, acts or omissions of carriers or suppliers, acts of regulatory or
governmental agencies or other causes beyond such party’s reasonable control.
8
8.5 Amendments and Waivers. Any supplement to or modification or waiver of any
provision of this Agreement must be in writing and signed by authorized representatives of both parties.
A waiver by either party of any breach of this Agreement will not operate as a waiver of any other breach
of this Agreement.
8.6 Assignment and Subcontracting.
(a) Customer may, without Provider’s consent but upon notice to Provider, assign in
whole or relevant part its rights and obligations under this Agreement to a Customer Affiliate. Provider
may, without Customer’s consent, assign in whole or relevant part its rights and obligations under this
Agreement to a Provider Affiliate. In no other case may this Agreement be assigned by either party
without the prior written consent of the other party (which consent will not be unreasonably withheld,
conditioned, or delayed). In the case of any assignment, the assigning party shall remain financially
responsible for the performance of the assigned obligations.
(b) Provider may subcontract to an Affiliate or a third-party work to be performed
under this Agreement but will remain financially responsible for the performance of such obligations.
8.7 Severability. If any portion of this Agreement is found to be invalid or unenforceable or
if, notwithstanding Section 8.11 (Governing Law), applicable law mandates a different interpretation or
result than that intended by the parties, the remaining provisions will remain in effect and the parties will
negotiate in good faith to substitute for such invalid, illegal or unenforceable provision a mutually
acceptable provision consistent with the original intention of the parties.
8.8 Injunctive Relief. Nothing in this Agreement is intended to or should be construed to
prohibit a party from seeking preliminary or permanent injunctive relief in appropriate circumstances
from a court of competent jurisdiction.
8.9 Legal Action for Billing Disputes. Any legal action arising in connection with payment
or billing disputes under this Agreement must be filed within two (2) years after the due date of the
invoice or it will be deemed time-barred and waived. The parties waive any statute of limitations to the
contrary.
8.10 Notices. Any required notices under this Agreement shall be in writing and shall be
deemed validly delivered if made by hand (in which case delivery will be deemed to have been effected
immediately), or by overnight mail (in which case delivery will be deemed to have been effected one (1)
business day after the date of mailing), or by certified or registered mail, postage prepaid return receipt
requested (in which case delivery will be deemed to have been effected five (5) days after the date of
posting), or by facsimile or electronic transmission (in which case delivery will be deemed to have been
effected on the day the transmission was sent). Any such notice shall be sent to the office of the recipient
set forth on the signature page of this Agreement, or to such other office or recipient as designated in
writing from time to time.
8.11 Governing Law; Jurisdiction. This Agreement shall be subject to and governed by the
laws of the State of Iowa without regard to its conflict of law principles.
8.12 No Third Party Beneficiaries. This Agreement is for the benefit of Customer and
Provider and does not provide any third party (including any Intermediate Provider or End User) the right
to enforce it or to bring an action for any remedy, claim, liability, reimbursement or cause of action or any
other right or privilege.
9
8.13 Survival. The respective obligations of Customer and Provider that by their nature would
continue beyond the termination or expiration of this Agreement, including the obligations set forth in
Article 4 (Confidential Information), Article 6 (Limitations of Liability and Disclaimers) and Article 7
(Mutual Indemnification), will survive such termination or expiration.
8.14 Entire Agreement. This Agreement constitutes the entire agreement between the parties
with respect to its subject matter. This Agreement supersedes all other agreements, proposals,
representations, statements and understandings, whether written or oral, concerning the Services or the
rights and obligations relating to the Services, and the parties disclaim any reliance thereon. This
Agreement will not be modified or supplemented by any written or oral statements, proposals,
representations, advertisements, service descriptions or purchase order forms not expressly set forth in
this Agreement.
8.15 Headings; Exhibits. The captions and headings herein are for convenience in reference
only and not for interpretation purposes. All exhibits attached hereto or referred to herein are
incorporated herein by reference.
8.16 Counterpart Signatures. This Agreement may be executed in one or more counterparts,
each of which shall be an original. Any such counterpart, to the extent delivered by means of a facsimile
machine or by .pdf, .tif, .gif, .jpeg or similar attachment to an electronic mail message, shall be treated in
all manner and respects as an original executed counterpart and shall be considered to have the same
binding legal effect as if it were the original signed version thereof delivered in person.
9. DEFINITIONS
“Affiliate” of a party means any entity directly or indirectly, through one or more intermediaries,
Controlling, Controlled by or under common Control with such party or any other entity in which such
party beneficially owns a majority of the outstanding capital stock or membership interests or partnership
interests.
“Control” of an entity means (a) holding fifty percent (50%) or more ownership or beneficial interest of
income and capital of such entity; or (b) ownership of at least fifty percent (50%) of the voting power or
voting equity of such entity; or (c) having sole or shared management of a general partner or member of
such entity; or (d) regardless of the percentage ownership interest held, having the ability to appoint a
majority of the board of directors, managers or other governing body of such entity or otherwise direct
management policies of such entity by contract or otherwise.
“End User” or “User” means anyone who uses or accesses any Service provided to Customer.
“Intermediate Provider” means any provider or other intermediary (other than Customer or its agents or
employees) in the sales chain between Customer and an End User.
“Other Charges and Fees” means (a) surcharges, recovery fees, customs clearances, fees, duties, levies,
shipping charges, and other similar charges relating to the sale, transfer of ownership, installation, license,
or the use or provision of the Services, and (b) charges imposed in connection with governmentally
imposed costs and fees (such as USF, PICC, payphone service provider compensation, E911 and deaf
relay charges) and the expenses incurred by Provider reasonably relating to such costs and fees.
“Taxes” means any applicable taxes (excluding those on Provider’s net income) relating to the sale,
transfer of ownership, installation, license and the use or provision of Service.
10
[End of Agreement. Signature page(s) follows.]
11
Signatures
The parties are signing this Agreement, as of the Agreement date set forth above.
Customer:
(by its authorized representative)
NICP:
(by its authorized representative)
By:
By:
Name:
Name: Ivan Dalen
Title:
Title: President
Notice Address
Customer Contact (for notices) NICP Contact (for notices)
Name:
Title:
Street Address:
City:
State:
Zip Code:
Telephone:
Fax:
Email:
Name: Ivan Dalen
Title: President
Street Address: 106 E. Robins Street, PO Box 250
City: Graettinger
State: IA
Zip Code: 51342
Telephone: (712) 859-3300
Fax: (712) 859-3290
Email: idalen@rvtc.net
#5024231
Attachment 1
Service Exhibit – Wholesale Video Signal
This Service Exhibit and its exhibits or attachments (if any) are made a part of the Wholesale
Master Services Agreement (the “Master Agreement”) dated _______________________, 2025 (the
“Effective Date”) between NORTHERN IOWA COMMUNICATIONS PARTNERS, L.L.C., an Iowa
limited liability company (“NICP” or “Provider”) and [insert legal name], a/an [insert type of entity and
jurisdiction] (“Customer”).
1. Exhibit Governed by Master Agreement. This Service Exhibit is made pursuant to, and
by this reference incorporates and is made subject to, the terms and provisions of the Master Agreement.
2. Additional Defined Terms. Capitalized terms used but not defined in this Service Exhibit
shall have the meanings given to them in the Master Agreement. As used in this Service Exhibit, the
following capitalized terms have the following meanings:
“Channel Lineup” means the channel lineup attached hereto as Exhibit A, as the same may be amended
from time to time in accordance with this Service Exhibit.
“FCC” means the Federal Communications Commission.
“MVPD” means multichannel video programming distributor, as defined by applicable rules, regulations,
and orders of the FCC.
“MVPD Service” means subscription video programming service in a digital format and consisting of the
linear content and streaming content of video programming channels listed in the Channel Lineup.
“MVPD Subscribers” means End Users receiving MVPD Service from Customer.
“Programming Agreements” means valid affiliation agreements or programming agreements between
NICP and applicable Programming Providers.
“Programming Providers” means the satellite broadcasting systems, local broadcast stations or other
owners of satellite or broadcast video programming signals comprising the MVPD Service.
3. Services Provided. Under this Service Exhibit, Provider will provide Customer with
MVPD Service for resale to MVPD Subscribers. NICP shall make MVPD Service available to Customer
subject to and in compliance with (a) the Master Service Agreement, (b) this Service Exhibit, (c) the
applicable Programming Agreements, and (d) applicable FCC technical standards and regulations.
4. Service Exhibit Term. The term of this Service Exhibit is five (5) years. Following the
initial 5-year term, this Service Exhibit will renew on year-to-year basis (subject to all terms and
conditions set forth herein) unless either party provides not less than 90-days advance written notice of
intent not to renew the Service Exhibit.
5. Pricing and Payment Terms. Except as required by any Programming Agreement, all
fees, costs and charges imposed on Customer under this Service Exhibit including without limitation
transport fees, administrative fees and/or maintenance fees, shall be priced without regard to the identity
of the specific video programming channels included within the Signal and to which such fees, costs
and/or charges apply. NICP shall invoice Customer for transport and administrative charges monthly or at
2
other specified billing intervals in accordance with the rates specified on Exhibit B. All amounts billed to
Customer shall be paid on or before the due date specified on the invoice without setoff or counterclaim,
but subject to refund or credit for any legitimate dispute resolved in Customer’s favor. Any amounts not
paid when due will accrue interest from the due date until paid at the lesser of (a) 18% per annum or (b)
the maximum amount permitted by law.
6. Rate Adjustments. The rates set forth on Exhibit B may be adjusted by NICP from time
to time upon not less than 90 days written notice to Customer to reflect changes in NICP’s cost of
receiving and transporting the Signal. Notwithstanding any different notice requirement in the Master
Agreement, Customer may, following notice of any rate increase, terminate this Service Exhibit upon not
less than 60 days prior written notice to NICP. If this Agreement is terminated by Customer pursuant to
the preceding right of termination, NICP shall provide transition assistance, including transport of the
Signal for not more than an additional 90 days beyond the designated termination date; provided,
however, that any transition service provided after the date of the rate adjustment shall be s ubject to the
adjusted rate.
7. Additional Terms and Conditions. This Service Exhibit is subject to and will be
governed by the following terms and conditions:
a. Compliance with Programming Agreements. NICP has and will use
commercially reasonable efforts to maintain for the term of this Service Exhibit, valid and current
Programming Agreements for the MVPD Service. This Service Exhibit is expressly subject to the terms
and conditions of each of the applicable Programming Agreements. All terms and conditions of the
Programming Agreements not otherwise provided for herein are incorporated herein and shall apply to
this Service Exhibit. In the event of any conflict between the provisions of this Service Exhibit and the
provisions of the Programming Agreements, the provisions of the Programming Agreements shall prevail.
To the extent required by any Programming Agreement(s), each party shall be bound to fully protect and
provide for the enforcement of each Programming Provider’s rights under such Programming Agreement.
b. Customer Eligibility. Customer represents, warrants, and covenants that – as of
the date of the Effective Date and continuing through the term of this Service Exhibit, Customer meets the
following eligibility criteria:
(i) Customer meets the federal definition of a “cable system” as defined by
47 USC 522(7);
(ii) Customer meets applicable eligibility criteria for NCTC membership,
including meeting NCTC's definition of a facilities-based provider that delivers last-mile video and/or
broadband services to consumers or businesses via Customer's terrestrial distribution system;
(iii) For the term of this Service Exhibit (including any extension or renewal)
Customer shall not provide cable service (as defined in 47 USC 522(6)) in any system, other than its
resale of the MVPD Service, except during a transition period not to exceed 90 days during which
existing End Users may be transitioned from Customer’s existing video service (if any) to the MVPD
Service.
d. Last Mile Distribution System. Customer shall own and shall be legally and
financially responsible for operation of its last mile distribution system. As it relates to MVPD Services,
Customer shall operate and manage the last mile distribution system pursuant to the policies and
procedures established and agreed upon in good faith by Customer and NICP. Such policy decisions
include, but are not limited to, system expansion or contraction, service offerings (including the Channel
3
Lineup), pricing plans, and community or public service offerings. Customer, at its expense and in
compliance with all applicable legal, regulatory, and contractual requirements, shall be responsible for: (i)
obtaining and maintaining all federal and state authorizations, certifications or similar rights or permits
required in order to provided MVPD Service using the distribution system; (ii) the continued maintenance
and upkeep of the distribution system, which shall include taking steps necessary to ensure that all
facilities are operated in accordance with the rules and regulations of the FCC; (iii) the day-to-day
operations of the system, including planning, design, equipment selection and installation, and network
management; (iv) the continued communication with and care of MVPD Subscribers, subject (solely as to
MVPD Subscribers) to NICP’s approval, provided that such approval shall not be unreasonably withheld,
conditioned, or delayed; (v) the marketing, promotion, and advertisement of MVPD Services under brand
names approved by NICP, it being understood that Customer will not in any manner use, display,
broadcast, or disseminate any such advertising or promotional material without NICP’s prior approval as
to form and content; (vi) billing and collection (including bad debt recovery) due from MVPD
Subscribers; (vii) complying with all applicable state and federal regulations and making any required
filings, applications, notifications and correspondence with the FCC, the Copyright Office, or similar
governmental or quasi-governmental agencies with jurisdiction over MVPD Service or the distribution
system; and (viii) maintenance of books and records with respect to the MVPD Service as may be
necessary for NICP to satisfy its recordkeeping and reporting requirements under the Programming
Agreements.
e. Signal Security. NICP shall have control over Signal security within each
distribution system, including as necessary to ensure compliance with applicable terms and conditions of
the NCTC Last Mile Distribution Policy and all Programming Agreements.
f. Interface with NCTC. NICP shall be the direct contracting party under all
Programming Agreements and shall be responsible for reporting subscribers to NCTC and/or
Programming Providers.
g. Cooperation. Each party agrees to use commercially reasonable efforts to
establish and continue to the service relationship contemplated by this Service Exhibit, including using
commercially reasonable efforts to obtain and maintain all necessary waivers, consents, authorizations,
permits, licenses and approvals required under the NCTC Last Mile Ownership Policy and/or any
Programming Agreements. The parties shall, and shall cause their respective Affiliates to, cooperate and
take such actions as may be reasonably requested by the other party in order to carry out the provisions of
this Service Exhibit with minimal disruption to the operations of their respective businesses.
[End of Service Exhibit. Signature pages follow.]
4
The parties, intending to be legally bound, are signing this Service Exhibit as of the Effective Date
set forth above.
Customer:
WATERLOO FIBER
By: ______________________________
Name: ______________________________
Title: ______________________________
NICP:
NORTHERN IOWA COMMUNICATIONS
PARTNERS, L.L.C.
By: ______________________________
Name: Ivan Dalen
Title: President
#5024231
Exhibit A
Customer Channel Lineup
[See attached]
#5024231
Exhibit B
Pricing and Fee Schedule
Administrative Fee: $[___]/month
Transport Fee: $[___]/month
Maintenance Fee: $[___]/month
BOARD
MEMBERS
Andrew
Van Fleet
Board Chair
Theodore
Batemon
Ritch
Kurtenbach
Mike
Young
Amy
Wienands
City Council
Liaison:
Steve
Schmitt
January 21, 2026
Waterloo City Council Chambers
Waterloo City Hall
4:00 p.m.
1. Roll call.
2. Approval of the agenda, as presented.
3. Approval of the minutes of the January 21, 2026, regular session, as presented.
4. Resolution No. 2026-02 approving payment of bills for January 2026.
5. Resolution No. 2026-03 approving hiring Westin Grahm to the position of Field Services
Technician, at an hourly rate of $30.00 per hour, effective February 23, 2026.
6. Resolution No. 2026-04 approving a Waterloo Fiber Investment Policy and approving
appointment of Eric Lage as Treasurer under said policy.
7. Resolution No. 2026-05 approving a Waterloo Fiber Referral Program Policy.
8. Motion approving the following change orders, in conjunction with the FY2023
Construction of a Fiber-to-the-Premise Feeder/Distribution and Backbone Network
Project, Contract No. 1088:
a. CR2026-0040 for an increase of $232,440.00
b. CR2026-0041 for an increase of $15,000.00
c. CR2026-0042 for an increase of $17.700.00
d. CR2026-0043 for an increase of $7,575.00
e. CR2026-0044 for an increase of $13,650.00
f. CR2026-0045 for a decrease of $38,607.87
9. Update from general manager and consultants.
10. Adjourn.
Kelley Felchle
Board Secretary
WATERLOO
Telecommunications Utility Board of Trustees
TELECOMMUNICATIONS UTILITY
BOARD OF TRUSTEES
Council Chambers
January 21, 2026
4:00 p.m.
1. Members present: Mr. Van Fleet, Mr. Kurtenbach, Mr. Young. Mr. Batemon joined at
4:05 p.m. and Ms. Wienands joined at 4:08 p.m.
2. Moved by Kurtenbach seconded by Young that the agenda as amended, by removing
item number seven, be approved. Voice vote-Ayes: Three. Motion carried.
Eric Lage, General Manager, explained that they are still assessing the agreement.
3. Moved by Kurtenbach seconded by Young that the minutes of December 16, 17 and
22, 2025 meetings, as presented, be approved. Voice vote-Ayes: Three. Motion
carried.
4. Moved by Kurtenbach seconded by Young approving a resolution authorizing payment
of bills for December 2025. Roll Call vote-Ayes: Three. Motion carried. Resolution No.
2026-01.
Mr. Kurtenbach questioned a credit card bill.
Eric Lage, General Manager, explained that the charges are for general marketing
and operating expenses.
5. Moved by Kurtenbach seconded by Young to approve Change Order No. 038, for a
net increase of $10,639.52, in conjunction with the FY2023 Construction of a Fiber -
to-the-Premise Feeder/Distribution and Backbone Network Project, Contract No.
1088. Voice vote-Ayes: Three. Motion carried.
Mr. Van Fleet questioned if this was for a new area.
Mike Regan, Entrust, explained that this change order is for the updated design for
the Paradise Estates subdivision.
Mr. Van Fleet asked if the price had changed.
Mike Regan commented that the pricing is the same as it was three years ago.
6. Moved by Kurtenbach seconded by Young to approve Change Order No. 039, for a
net increase of $12,187.50, in conjunction with the FY2023 Construction of a Fiber -
to-the-Premise Feeder/Distribution and Backbone Network Project, Contract No.
1088. Voice vote-Ayes: Four. Motion carried.
Page 2
Mike Regan, Entrust, explained that this change order accounts for additional
construction and labor to bore into bedrock. He further commented that this change
order is a shared expense with the City of Waterloo.
7. Motion to approve a Wholesale Master Services Agreement with Northern Iowa
Communications Partners, LLC.
This item was removed from the agenda by amendment.
8. Update from general manager and consultants.
Eric Lage, General Manager, shared that Task Order No. 10, Phase 2, was released
this week.
Mike Regan, Entrust, shared that they are targeting Task Order No. 9 next month.
Mr. Van Fleet asked which area this task order covers.
Eric Lage shared that it is in the southeast side of downtown.
Mr. Kurtenbach questioned the timeline for the downtown area.
Mike Regan explained that the downtown area is currently paused temporarily for
more favorable weather conditions due to the amount of restoration work anticipated.
He shared that the timeline should be about March or April.
Dave Hersleb, ITG, commented that once the weather cooperates, they will
coordinate closely with the city engineers for concrete permits.
Mr. Van Fleet questioned how long this portion of the project would take.
Dave Hersleb explained that the downtown portion will be very time consuming. He
shared that there would be multiple crews working on it, but he is unable to give a
tighter timeline at this time.
9. Moved by Kurtenbach seconded by Young to adjourn to a closed session at 4:12 p.m.
Closed session pursuant to Iowa Code Section 388.9(1) to discuss marketing and
pricing strategies or proprietary information if its competitive position would be
harmed by public disclosure not required of potential or actual competitors, and if no
public purpose would be served by such disclosure. Roll Call vote-Ayes: Five. Motion
carried.
10. Adjourn.
Page 3
Moved by Kurtenbach seconded by Young to adjourn from closed session at 5:12 p.m.
Roll Call vote-Ayes: Five. Motion carried.
With no further business before the board, it was moved by Kurtenbach seconded by
Young that the meeting be adjourned at 5:12 p.m. Voice vote-Ayes: Five. Motion carried.
Kelley Felchle
Board Secretary
EN ENGINEERING, LLC PROJECT MANAGEMENT 51,636.89$
EPLUS TECHNOLOGY MODEMS & ROUTERS 67,278.72$
HM CRAGG HUT 3 308,722.36$
ITG COMMUNICATIONS CONSTRUCTION 460,870.88$
MIDAMERICAN ENERGY HUT 3 SETUP 4,502.88$
RENDER PROJECT MANAGEMENT 15,000.00$
ACP INTERNATIONAL SUPPLIES 1,344.71
ADVANTAGE ADMINISTRATORS, INC HEALTH INSURANCE 8,631.60
AFLAC HEALTH INSURANCE 787.50
AHLERS & COONEY, P.C.LEGAL FEES 17,809.00
ALLEN COLLEGE DONATION 1,000.00
AMAZON CAPITAL SERVICES SUPPLIES 381.96
AVESIS VISION INSURANCE 137.31
CALIX, INC
OPERATIONS, SERVICE CLOUD,
SOLUTION AND SUPPORT 9,957.28
CAMVIO, INC CUSTOMER BILLING 1,903.75
CEDAR FALLS UTILITIES WHOLESALE BANDWIDTH 3,769.36
CEDAR RAPIDS TV, LLC ADVERTISING 7,019.00
CITY OF WATERLOO VEHICLE FUEL 290.41
CLARK, BUTLER, WALSH & HAMMAN LEGAL FEES 220.00
COMPLIANCE SOLUTIONS, INC PROFESSIONAL SERVICES 450.00
CONNOISSEUR FT DODGE KZLB-FM ADVERTISING 2,300.00
CONSORTIA CONSULTING, INC CONSULTING 2,100.00
COURIER COMMUNICATIONS LEGAL PUBLISHING 1,210.00
DELTA DENTAL OF IOWA DENTAL INSURANCE 833.14
ELAN FINANCIAL SERVICES SUPPLIES 15,739.48
FUSE TECHNIC, LLC CONSULTING 3,150.00
HURRICANE ELECTRIC, LLC INTERNET-EXCHANGE 400.00
IMON COMMUNICATIONS, LLC VOICE SERVICES 1,750.00
IOWA DEPARTMENT OF REVENUE SALES TAX AND WITHHOLDING 2,776.77
IPERS RETIREMENT 11,314.67
IRS FEDERAL TAX AND WITHHOLDING 60,007.95
ITG COMMUNICATIONS, LLC
EQUIPMENT STORAGE
INSURANCE 1,000.00
KIELKOPF ADVISORY SERVICES, LLC CONSULTING 6,277.50
LAMAR COMPANIES ADVERTISING 5,355.00
LESLEY WILDER OFFICE CLEANING 750.00
LOCKSPERTS, INC HUT MAINTENANCE 1,272.07
MENARD, INC SUPPLIES 53.17
MIDAMERICAN ENERGY COMPANY HUT UTILITIES 490.92
MUTUAL OF OMAHA LIFE INSURANCE 460.94
NATIONAL RURAL TELECOM COOP ISP TECH SUPPORT 1,000.00
NORTH END UPDATE DONATION 575.00
ORKIN BUILDING MAINTENANCE 96.30
PAYMENTUS CORPORATION A/R TRANSACTION FEES 375.70
POWER & TELEPHONE SUPPLIES 519.28
RICOH USA, INC SUPPLIES 177.53
SAMSARA, INC YEARLY SERVICE FEE 5,017.23
SEGRA DARK FIBER 6,400.00
SOUTH FRONT NETWORKS, LLC UPN CONNECTION 850.00
SWISHER & COHRT, P.L.C.LEGAL FEES 750.00
T-MOBILE HOT SPOTS 260.59
TWIN TREES, LLC OFFICE RENT 13,705.28
UNDERGROUND LOCATION COMPANY UNDERGROUND LOCATES 2,663.10
UNITYPOINT HEALTH EAP-1ST QTR 2026 170.69
VGM GROUP, INC SUPPLIES 995.10
VOYA FINANCIAL RETIREMENT 100.00
VOYANT SOLUTIONS, LLC PHONE SERVICE 601.95
WELLMARK HEALTH INSURANCE 14,349.55
Waterloo Fiber Utility Investment Policy Rev by EL 02/10/2026
1
UTILITY INVESTMENT POLICY
SECTION 1. SCOPE OF INVESTMENT POLICY
The Investment Policy of Waterloo Telecommunications Utility shall apply to all operating funds, bond
proceeds and other funds and all investment transactions involving operating funds, bond proceeds and
other funds accounted for in the financial statements of Waterloo Telecommunications Utility. Each
investment made pursuant to this Investment Policy must be authorized by applicable law and this
written Investment Policy.
The investment of bond funds or sinking funds shall comply not only with this investment policy, but also
be consistent with any applicable bond resolution.
This Investment Policy is intended to comply with Iowa Code Chapter 12B.
Upon passage and upon future amendment, if any, copies of this Investment Policy shall be delivered to
all of the following:
1. The governing body or oHicer of Waterloo Telecommunications Utility to which the Investment Policy
applies.
2. All depository institutions or fiduciaries for public funds of Waterloo Telecommunications Utility.
3. The auditor engaged to audit any fund of Waterloo Telecommunications Utility.
4. The State Auditor.
In addition, a copy of this Investment Policy shall be delivered to every fiduciary or third party assisting
with or facilitating investment of the funds of Waterloo Telecommunications Utility.
SECTION 2. DELEGATION OF AUTHORITY
In accordance with Iowa Code section 12B.10(l), the responsibility for conducting investment
transactions resides with the Treasurer of Waterloo Telecommunications Utility. Only the Treasurer and
those authorized by resolution may invest public funds and a copy of any empowering resolution shall be
attached to this Investment Policy.
All contracts or agreements with outside persons investing public funds, advising on the investment of
public funds, directing the deposit or investment of public funds or acting in a fiduciary capacity for
Waterloo Telecommunications Utility, shall require the outside person to notify Waterloo
Telecommunications Utility in writing, within thirty days of receipt of all communication from the Auditor
of the outside person or any regulatory authority, of the existence of a material weakness in internal
control structure of the outside person or regulatory orders or sanctions regarding the type of services
being provided to Waterloo Telecommunications Utility by the outside person.
Waterloo Fiber Utility Investment Policy Rev by EL 02/10/2026
2
The records of investment transactions made by or on behalf of Waterloo Telecommunications Utility are
public records and are the property of Waterloo Telecommunications Utility whether in the custody of
Waterloo Telecommunications Utility or in the custody of a fiduciary or other third party.
The Treasurer shall establish a written system of internal controls and investment practices. The controls
shall be designed to prevent losses of public funds, to document those oHicers and employees of
Waterloo Telecommunications Utility responsible for elements of the investment process and to address
the capability of investment management. The controls shall provide for receipt and review of the audited
financial statement and related reports on internal control structure of all outside persons performing
any of the following for Waterloo Telecommunications Utility.
1. Investing public funds Waterloo Telecommunications Utility.
2. Advising on the investment of public funds Waterloo Telecommunications Utility.
3. Directing the deposit or investment of public funds Waterloo Telecommunications Utility.
4. Acting in a fiduciary capacity for Waterloo Telecommunications Utility.
A Bank, Savings and Loan Association or Credit Union providing only depository services shall not be
required to provide an audited financial statement and related report on internal control structure.
The Treasurer of and all employees authorized to place investments shall be bonded.
SECTION 3. OBJECTIVES OF INVESTMENT POLICY
The primary objectives, in order of priority, of all investment activities involving the financial assets of
Waterloo Telecommunications Utility shall be the following:
1. Safety: Safety and preservation of principal in the overall portfolio is the foremost investment objective.
2. Liquidity: Maintaining the necessary liquidity to match expected liabilities is the second investment
objective.
3. Return: Obtaining a reasonable return is the third investment objective.
SECTION 4. PRUDENCE
The Treasurer of Waterloo Telecommunications Utility when investing or depositing public funds, shall
exercise the care, prudence and diligence under the circumstances then prevailing that a person acting
in a like capacity and familiar with such matters would use to attain the Section 2 investment objectives.
This standard requires that when making investment decisions, the Treasurer shall consider the role that
the investment or deposit plays within the portfolio of Waterloo Telecommunications Utility assets of and
the investment objectives stated in Section 2.
When investing assets of Waterloo Telecommunications Utility for a period longer than two (2) years, the
Treasurer shall request competitive investment proposals for comparable credit and term investments
from a minimum of three (3) investment providers.
Waterloo Fiber Utility Investment Policy Rev by EL 02/10/2026
3
SECTION 5. INSTRUMENTS ELIGIBLE FOR INVESTMENT
Assets of Waterloo Telecommunications Utility may be invested in the following:
• Interest bearing savings accounts, interest bearing money market accounts, and interest-bearing
checking accounts at any bank, savings and loan association or credit union in the State of Iowa. Each
bank must be on the most recent Approved Bank List as distributed by the Treasurer of the State of Iowa
or as amended as necessary by notice inserted in the monthly mailing by the Rate Setting Committee.
Each financial institution shall be properly declared as a depository by the governing body of Waterloo
Telecommunications Utility. Deposits in any financial institution shall not exceed the amount approved
by the governing body of Waterloo Telecommunications Utility.
• Obligations of the United States government, its agencies and instrumentalities.
• Certificates of deposit and other evidences of deposit at federally insured Iowa depository institutions
approved and secured pursuant to Iowa Code chapter 12C.
• Iowa Public Agency Investment Trust (“IPAIT”).
• Prime bankers' acceptances that mature within 270 days of purchase and that are eligible for purchase
by a federal reserve bank.
• Commercial paper or other short-term corporate debt that matures within 270 days of purchase and is
rated within the two highest classifications, as established by at least one of the standard rating services
approved by the Superintendent of Banking.
• Repurchase agreements, provided that the underlying collateral consists of obligations of the United
States government, its agencies and instrumentalities and takes delivery of the collateral either directly
or through an authorized custodian.
• An open-end management investment company registered with the Securities & Exchange Commission
under the federal Investment Company Act of 1940, 15 U.S.C. Section 80(a) and operated in accordance
with 17 C.F.R. Section 270.2a-7, whose portfolio investments are limited to those instruments individually
authorized in this Section 5 of this Investment Policy.
• Warrants or improvement certificates of a levee or drainage district.
All instruments eligible for investment are further governed by all other provisions of this Investment
Policy, including Section 7 Investment Maturity Limitations and Section 8, Diversification Requirements.
SECTION 6. PROHIBITED INVESTMENTS AND INVESTMENT PRACTICES
Assets of Waterloo Telecommunications Utility shall not be invested in the following:
1. Reverse repurchase agreements.
2. Futures and options contracts.
Waterloo Fiber Utility Investment Policy Rev by EL 02/10/2026
4
Assets of Waterloo Telecommunications Utility shall not be invested pursuant to the following investment
practices:
1. Trading of securities for speculation or the realization of short-term trading gains.
2. Pursuant to a contract providing for the compensation of an agent or fiduciary based upon the
performance of the invested assets.
If a fiduciary or other third party with custody of public investment transaction records of Waterloo
Telecommunications Utility fails to produce requested records when requested by Waterloo
Telecommunications Utility within a reasonable time, Waterloo Telecommunications Utility shall make
no new investment with or through the fiduciary or third party and shall not renew maturing investments
with or through the fiduciary or third party.
SECTION 7. INVESTMENT MATURITY LIMITATIONS
Operating Funds must be identified and distinguished from all other funds available for investment.
Operating Funds are defined as those funds which are reasonably expected to be expended during a
current budget year or within fifteen months of receipt.
All investments authorized in Section 5 are further subject to the following investment maturity
limitations:
1. Operating Funds may only be invested in instruments authorized in Section 5 of this Investment Policy
that mature within three hundred ninety-seven (397) days.
2. The Treasurer may invest funds of Waterloo Telecommunications Utility that are not identified as
Operating Funds in investments with maturities longer than three hundred ninety-seven days (397) days.
However, all investments of Waterloo Telecommunications Utility shall have maturities that are
consistent with the needs and use of Waterloo Telecommunications Utility.
SECTION 8. DIVERSIFICATION
Investments of Waterloo Telecommunications Utility are subject to the following diversification
requirements:
Prime bankers' acceptances:
1. At the time of purchase, no more than ten percent (10%) of the investment portfolio of Waterloo
Telecommunications Utility shall be invested in prime bankers’ acceptances; and
2. At the time of purchase, no more than five percent (5%) of the investment portfolio of Waterloo
Telecommunications Utility shall be invested in the securities of a single issuer.
Commercial paper or other short-term corporate debt:
1. At the time of purchase, no more than ten percent (10%) of the investment portfolio of Waterloo
Telecommunications Utility shall be in commercial paper or other short term corporate debt;
Waterloo Fiber Utility Investment Policy Rev by EL 02/10/2026
5
2. At the time of purchase, no more than five percent (5%) of the investment portfolio of Waterloo
Telecommunications Utility shall be invested in the securities of a single issuer; and
3. At the time of purchase, no more than five percent (5%) of all amounts invested in commercial paper
and other short-term corporate debt shall be invested in paper and debt rated in the second highest
classification.
Where possible, it is the policy of Waterloo Telecommunications Utility to diversify its investment
portfolio. Assets shall be diversified to eliminate the risk of loss resulting from overconcentration of
assets in a specific maturity, a specific issuer, or a specific class of securities. In establishing specific
diversification strategies, the following general policies and constraints shall apply:
1. Portfolio maturities shall be staggered in a way that avoid undue concentration of assets in a specific
maturity sector. Maturities shall be selected which provide stability of income and reasonable liquidity.
2. Liquidity practices to ensure that the next disbursement date and payroll date are covered through
maturing investments, marketable U.S. Treasury bills or cash on hand shall be used at all times.
3. Risks of market price volatility shall be controlled through maturity diversification so that aggregate
price losses on Instruments with maturities approaching one year shall not be greater than coupon
interest and Investment Income received from the balance of the portfolio.
SECTION 9. SAFEKEEPING AND CUSTODY
All invested assets of Waterloo Telecommunications Utility involving the use of a public funds custodial
agreement, as defined in Iowa Code section 12B.10C, shall comply with all rules adopted pursuant to
Iowa Code section 12B.10C. All custodial agreements shall be in writing and shall contain a provision
that all custodial services be provided in accordance with the laws of the state of Iowa.
All invested assets of Waterloo Telecommunications Utility eligible for physical delivery shall be secured
by having them held at a third party custodian. All purchased investments shall be held pursuant to a
written third party custodial agreement requiring delivery versus payment and compliance with all rules
set out in this Section 9.
SECTION 10. ETHICS AND CONFLICT OF INTEREST (POLICY CONSIDERATION)
The Treasurer and all oHicers and employees of Waterloo Telecommunications Utility involved in the
investment process shall refrain from personal business activity that could conflict with proper execution
of the investment program, or which could impair their ability to make impartial investment decisions.
Any personal investments or loans in excess of $250,000 in or with any entity that Waterloo
Telecommunications Utility has declared as a depository or with which Waterloo Telecommunications
Utility regularly conducts investment business shall be disclosed in writing to the governing board of
Waterloo Telecommunications Utility.
SECTION 11. REPORTING
Waterloo Fiber Utility Investment Policy Rev by EL 02/10/2026
6
The Treasurer shall submit Waterloo Telecommunications Utility an investment report that summarizes
recent market conditions and investment strategies employed since the last investment report. The
investment report shall set out the current portfolio in terms of maturity, rates of return and other features
and summarize all investment transactions that have occurred during the reporting period and compare
the investment results with the budgetary expectations.
SECTION 12. INVESTMENT POLICY REVIEW AND AMENDMENT
This Investment Policy shall be reviewed every three (3) years or more frequently as appropriate. Notice of
amendments to the Investment Policy shall be promptly given to all parties noted in Section 1.
Waterloo F iber Referral Program Policy Approved by Eric Lage 02/13/2026
1. Purpose
The purpose of this policy is to define the terms and conditions of the Waterloo Fiber Referral
Program. This program is designed to reward eligible customers who refer new customers to
Waterloo Fiber.
2. Scope
This policy applies to all Waterloo Fiber residential internet customers participating in the Referral
Program.
3. Eligibility Requirements
To qualify for the Waterloo Fiber Referral Program, the following conditions must be met:
1. The referring customer must be an active Waterloo Fiber customer at the time of referral and
at the time the credit is applied.
2. The referred customer must provide the referring customer ’s first and last name or service
address to ensure proper identification.
3. The customer referring or referred cannot be:
o A Waterloo Fiber employee or person residing at the same service address.
o A Waterloo Fiber Board Member or person residing at the same service address.
4. This referral program may be combined with Waterloo Fiber’s two-month free promotion.
5. There is no limit to the number of referrals an eligible customer may make.
4. Referral Process
1. Referral information will be collected when Waterloo Fiber Customer Support Representatives
contact the referred customer to schedule installation.
2. The referred customer must become an active Waterloo Fiber customer for the referral to
qualify.
3. Referral eligibility will be verified before credit is applied.
4. The referred customer must provide referral information before services are activated; referrals
cannot be accepted after service connection.
5. Referral Credit
1. The referral credit will equal one (1) month of the referring customer’s internet package at
the time of referral. The credit will equal the cost of the internet service only.
2. The credit:
o Does not include additional equipment rentals.
o Does not include add-ons or other services.
Waterloo F iber Referral Program Policy Approved by Eric Lage 02/13/2026
3. The credit will be applied to the total cost of the bill once the referred customer becomes
active.
4. The credit will appear on the referring customer’s next monthly billing statement.
5. Referral credits cannot be used to cover unpaid balances from previous billing cycles.
6. Account Restrictions
1. Customers may upgrade their internet package while referral credit is on the account.
2. Customers may not downgrade their internet package while referral credit remains on the
account.
3. If services are terminated for any reason, any remaining referral credit will be forfeited.
7. Program Limitations and Modifications
Waterloo Fiber reserves the right to:
1. Verify eligibility and referral information.
2. Deny credits that do not meet program requirements.
3. Modify, suspend, or terminate the Referral Program at its discretion.
8. Compliance
1. Referral rewards have no cash value and are not transferable to other customers.
2. The program may not be used in conjunction with other promotional offers unless explicitly
stated.
3. Fraudulent or deceptive referral activity (e.g., creating false accounts) will result in
disqualification and may lead to termination of service at the discretion of the utility.
4. The Waterloo Fiber Board may choose to renew, modify, or terminate the program at any time.
No
CR-2026-0040
ITG
Michael Regan
PM Broadband Implementation
City of Waterloo/Waterloo
Fiber/Eric Lage
Retainage
Change Order Request
Clayton Johnston
VP of Construction
Client/Owner
2/3/2026
$232,440.00Change Order Name:
Construction Contractor Name (Attn)
Magellan Project Manager:
Client/Owner (Attn)
Change Order Type
Change Order Cost:
Request Date:
Requested By:
Entrust Sign-Off
Design/Engineering
Change Request Overview
Description of Change (include location)
Reason for Change
Labor pricing came from the original BoM pricing approved by Waterloo Fiber and the City of Waterloo
associated with Contract # 1088Material Submittals/ Specifications
The contractor, ITG, completed 4,768 feet of bore in this area and the work involved rock. This bore covered
both FTTH & BB infrastructure (BB = 2,450 feet / FTTH = 2,318 feet). Entrust verified the that the bore was
completed. However, the Bill of Materials (BoM) line item for rock bore adder shows a zero-unit quantity
with a unit rate of $48.75 per linear foot. This means that while rock conditions were encountered and the
work was performed, it was not included in the approved scope nor was a change request discussed or
submitted prior to construction. At the point when rock was identified or anticipated, the expectation would
have been to engage the Waterloo team, review the scope impact, and revise the BoM. Unfortunately, those
steps did not occur. This scope of work will need the unit quantities of 4,768 feet for rock adder added to the
BoM.
Breakdown of Costs:
BB = 132ft x $48.75/ft = $6,435.00
BB SHARED = 2,318ft x $48.75/ft = $113,002.50
FTTP SHARED = 2,318ft x $48.75/ft - $113,002.50
The following Change Order has been created to account for additional construction labor associated with
rock boring along Westfield Ave and West Commercial St in LCP 048 / Task Order 13.
Will Be Subject To The Withholdings and Release Set Forth In The
Contract Sections 6.2(f)(i) and (ii)
Location
Work Order #
Labor
Underground - Buried Labor 4,768 $ 48.75 $ 232,440.00
*** $ 232,440.00
Materials
*** $ -
*** $ 232,440.00
CR Labor Subtotal
Bore Rock Adder -->[LF]
Itemized Breakdown of Work
Quantity Unit PriceDescription Amount
CR Materials Subtotal
TOTAL CR COST
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
**End**
Client/Owner (Attn)
Contractor Manager (not needed for design change requests)
Clayton Johnston VP of Construction
Charles Smith Regional Manager
Approvals
Magellan Sign-Off
2/2/2026
2/3/2026
No
CR-2026-0041
ITG
Michael Regan
PM Broadband Implementation
City of Waterloo
Retainage
Change Order Request
Clayton Johnston
VP of Construction
Client/Owner
1/16/2026
$15,000.00Change Order Name:
Construction Contractor Name (Attn)
Magellan Project Manager:
Client/Owner (Attn)
Change Order Type
Change Order Cost:
Request Date:
Requested By:
Entrust Sign-Off
Design/Engineering
Change Request Overview
Description of Change (include location)
Reason for Change
Material Submittals/ Specifications
Per City Engineer, Railroad Permit fees are a passthrough expense for this project covered by the City of
Waterloo
The following Change Order has been created to account for Railroad Permit fees associated with the
following crossings:
LAFAYETTE ST & OSAGE RD - Task Order 09 / LCP 095 / UG00005 / P-12397
DUBUQUE RD & ROOFF AVE - Task Order 09 / LCP 134 / UG00019 / P-12368
MIDLAND ST & WCF & N DR - Task Order 14 / LCP 118 / UG00014 / P-12449
Will Be Subject To The Withholdings and Release Set Forth In The
Contract Sections 6.2(f)(i) and (ii)
Location
Work Order #
Labor
UG00005 / P-12397 1 $ 6,825.00 $ 6,825.00
UG00019 / P-12368 1 $ 6,825.00 $ 6,825.00
UG00014 / P-12449 1 $ 1,350.00 $ 1,350.00
$ -
$ -
$ -
*** $ 15,000.00
Materials
*** $ -
*** $ 15,000.00
CR Labor Subtotal
Itemized Breakdown of Work
Quantity Unit PriceDescription
Flagging Fee
Flagging Fee
Permit Fee
Amount
CR Materials Subtotal
TOTAL CR COST
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
**End**
Client/Owner (Attn)
Contractor Manager (not needed for design change requests)
Clayton Johnston VP of Construction
Charles Smith Regional Manager
Approvals
Magellan Sign-Off
1/19/2026
1/20/2026
Jamie Knutson, P.E. City Engineer
1/20/2016
No
CR-2026-0042
ITG
Michael Regan
PM Broadband Implementation
City of Waterloo
Retainage
Change Order Request
Clayton Johnston
VP of Construction
Client/Owner
1/16/2026
$17,700.00Change Order Name:
Construction Contractor Name (Attn)
Magellan Project Manager:
Client/Owner (Attn)
Change Order Type
Change Order Cost:
Request Date:
Requested By:
Entrust Sign-Off
Design/Engineering
Change Request Overview
Description of Change (include location)
Reason for Change
Material Submittals/ Specifications
Per City Engineer, Railroad Permit fees are a passthrough expense for this project covered by the City of
Waterloo
The following Change Order has been created to account for Railroad Permit fees associated with the
following crossings:
RAINBOW DR - Task Order 15 / LCP 061 / UG00015 / P-12452
DAWSON ST - Task Order 13 / LCP 110 / UG00006 / P-12411
W AIRLINE HWY & WCF & N DR - Task Order 14 / LCP 123 / UG00001 / P-12450
W AIRLINE HWY & WCF & N DR - Task Order 14 / LCP 123 / UG00002 / P-12451
Will Be Subject To The Withholdings and Release Set Forth In The
Contract Sections 6.2(f)(i) and (ii)
Location
Work Order #
Labor
UG00015 / P-12452 1 $ 6,825.00 $ 6,825.00
1 $ 1,350.00 $ 1,350.00
UG00006 / P-12411 1 $ 6,825.00 $ 6,825.00
UG00001 / P-12450 1 $ 1,350.00 $ 1,350.00
UG00002 / P-12451 1 $ 1,350.00 $ 1,350.00
$ -
*** $ 17,700.00
Materials
*** $ -
*** $ 17,700.00
Permit Fee
CR Labor Subtotal
Itemized Breakdown of Work
Quantity Unit PriceDescription
Flagging Fee
Permit Fee
Flagging Fee
Permit Fee
Amount
CR Materials Subtotal
TOTAL CR COST
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
**End**
Client/Owner (Attn)
Contractor Manager (not needed for design change requests)
Clayton Johnston VP of Construction
Charles Smith Regional Manager
Approvals
Magellan Sign-Off
1/19/2026
1/20/2026
Jamie Knutson, P.E. City Engineer
1/20/2026
ITG Communication LLC
139 Clark St.
Waterloo IA 50703
6154475347
accountsreceivable@i-t-g.net
Invoice
Customer Date Invoice #
01/22/2026 FTTH083125LCP061
Due Date 02/21/2026
Bill To Ship To Status
City OF Waterloo-487 City OF Waterloo Invoiced-Pending Approval
715 Mulberry St NA Co-Ordinator
Waterloo , Iowa 50703 Waterloo, Iowa 99999
Telecommunications Waterloo Fiber NA P.O.No.
3192910141 999-999-9999 T015 - LCP061
Project Category Work Type Job Address City/Town State County
Construction T015 - LCP061 PARK LN.WATERLOO IA 50703
Terms Lead #Construction ID #Project Name Project No.
WATERLOO FIBER T015 - LCP061
Item Quantity Description U/M Rate Amount
Permit Pass Thru00 Permit 1 $1350 $1,350.00
Prepayment for RxR flagging services00 RXR 1 $6825 $6,825.00
Subtotal $8,175.00
Retainage hold back (4%)( - $327.00 )
Sales Tax (0%)$0.00
Total $7,848.00
Reviewed and approved for payment 02.03.2026
UG00015 2025.08.21
TOTAL $6,825.00
Reference
INVOICE
Invoice Number 91786522
Page 1 of 1
Invoice Date (Y/M/D)2025/04/08
Service Period 2025/04/08
Customer Number 21088
CN Reference Number 750089357
Billing Type Flagging
Flagging Fees
ILLINOIS CENTRAL
NON-FREIGHT MANAGEMENT
PO BOX 95361
CHICAGO IL 60694-5361
USA
ATTN JAMIE KNUTSON
CITY OF WATERLOO
715 MULBERRY ST
WATERLOO IA 50703-5714
USA
Department Reference Number P-12452 UTILITY APP FEE
P-12452 UTILITY APP FEE
Quantity Detail Amount (USD)
P-12452 UTILITY APP FEE 1,350.00
Inquiries
Natalie Phillips
Tel: 708-332-3858
Email:NATALIE.PHILLIPS@CN.CA
Tax ID
36-2728842
Total $ 1,350.00
Amount Due $ 1,350.00
Payable in USD Funds
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
ILLINOIS CENTRAL
NON-FREIGHT MANAGEMENT
PO BOX 95361
CHICAGO IL 60694-5361
USA
Please make your checks payable to
ILLINOIS CENTRAL
and return this detachable stub with your payment
Invoice Number 91786522
Customer Number 21088
Invoice Amount (USD) $1,350.00
Payment Amount $_________
Net 30 days, payment due 2025/05/08
Interest will be assessed on overdue amounts
LCP061
Page 1 of 2
UTILITY CROSSING AND / OR ENCROACHMENT
Date: AUGUST 19, 2025, Facility Owner: CITY OF WATERLOO
Document No.: P-12452 715 MULBERRY STREET
Work Order No.: WATERLOO, IA 50707
Location: RAINBOW DR (DOT#307897M )
Road; Street; Avenue
1/4, 1/4, Section , T , R Telephone No.: 319-291-4312
City of: WATERLOO Fax No.:
County: BLACK HAWK State: IA 24 Hr. Emergency No.:
Line Segment: Milepost: 2.43 Attention: JAMIE KNUTSON
Survey Station: WATERLOO SUBDIVISION
This is not valid unless it indicates that Chicago, Central & Pacific Railroad Company has received all the information requested. If any of the boxes are checked that
information must be provided before the project is approved and valid.
CHECKLIST
It appears that your notification is deficient in the following aspects: (When returning information checked in the boxes please refer to the document number.)
Before the construction can begin, we must receive a certificate of insurance from the contractor/facility owner. The limits are as follows:
(a) Statutory Workers’ compensation and Employer’s Liability insurance.
(b) Automobile Liability in an amount not less than $1,000,000 combined single limit.
(c) Comprehensive General Liability in an amount not less than $5,000,000 combined single limit. In the event the policy is a Claims
Made policy; coverage shall include an aggregate of $10,000,000.
Before commencing work, the contractor shall provide and maintain the following insurance, in form and amount and with companies satisfactory to, and as
approved by, the RAILROAD.
(a) Statutory Worker’s Compensation and Employer’s Liability insurance.
(b) Automobile Liability in an amount not less than $1,000,000 combined single limit.
(c) An occurrence form Railroad Protective Policy with limits of not less than $5,000,000 per occurrence for Bodily Injury Liability,
Property Damage Liability and Physical Damage to Property, with $10,000,000 aggregate for the term of the policy with respect to
Bodily Injury, Liability, Property Damage Liability and Physical Damage to Property.
BOTH POLICIES MUST NAME:
Chicago, Central & Pacific Railroad Company and its Parents
17641 South Ashland Avenue
Homewood, IL 60430
Reference Document No. P-12452
as the insured and shall provide for not less than ten (10) days prior written notice to the Railroad as cancellation of, or any materials
change, in the policy.
Please complete and return the enclosed application form.
This notification is not subject to the rules adopted pursuant to Chapter 42 of the Iowa Administrative Code. All of the items marked below must be resolved
before the Railroad will begin processing your submittals as satisfactory notification. Please send the requested information to:
Chicago, Central & Pacific Railroad Company
Attn: CN Utilities
17641 South Ashland Avenue
Homewood, IL. 60430
Page 2 of 2
Notification does not include:
A legible scaled drawing.
A legible detailed cross section.
Legal description.
An emergency contact and telephone number as required by Chapter 42
Who will perform construction (e.g. internal labor, contractor)?
The owner of the proposed facility.
PLEASE PROVIDE THE NAME, ADDRESS, TELEPHONE NUMBER AND CONTACT PERSON FOR THE OWNER OF THE FACILITY.
Description of materials involved. (e.g. type of wire, cable, pipe crossing) - install (2) 1.25-inch HDPE conduits containing 48 CT Fiber
Type and size of facility.
Because of the lack of data submitted with your notification, or your specifications do not meet railroad construction requirements; the railroad
does not accept it as meeting the requirements of notification. Your notification will be complete upon receipt of the information requested and the
required documents will be processed. Any attempt to construct before the documents are prepared and executed, will be viewed as trespassing
and the construction will be halted and (Consultant/Contractor) and (Facility Owner) will be
prosecuted to the fullest extent of the law.
A deposit is required to begin permit processing.
Please provide vicinity map showing cross streets and the location of the project.
Profile of crossing.
Is this being installed at an existing public road crossing?
The casing shall extend a minimum of the entire width of Railroad right of way. In addition, the casing pipe shall be a minimum of 5’6” below the track and
extend a minimum of 3’ beyond the toe or top of a slope or ditch and must be sealed.
A steel casing pipe with an E-80 loading capacity is required for installation of a PVC or PLASTIC CONDUIT. The casing pipe must be bored and jacked
with a minimum depth of 5.5’ from the bottom of the rail to the top of the casing and shall extend the entire width of the Railroad right of way. In addition,
the casing pipe shall be sealed and vented on each side of the tracks outside of the railroad right of way line (see enclosed specifications).
The tracks have been removed but the right of way is still owned by Chicago, Central & Pacific Railroad Company and construction is required as though
rails are still there.
Road right of way width of RAINBOW DR (DOT#307897M )
Construction is not permitted until both parties agree procedures and all fees are paid.
You are proposing to directionally bore a “natural gas main without a casing pipe, Chicago, Central & Pacific Railroad Company requires that
any uncased gas mains be installed in accordance with Part 5, Section 5.2 of the American Railway Engineering and Maintenance Associations Manual for
Railway Engineering.
X You must CONTACT Chicago, Central & Pacific Railroad Company, five (5) working days prior to construction. The contact information can be
found below.
X PER CHAPTER 42 YOU ARE REQUIRED TO PROVIDE THE RAILROAD NOTICE OF CONSTRUCTION A MINIMUM OF FIVE (5)
WORKING DAYS PRIOR TO CONSTRUCTION. NOTE: CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY IS NOT
ASSOCIATED WITH DIGGERS / JULIE / MISS DIG / GOLPHER ON CALL.
X Signal Wire Location
X Flagger
Signal Wire Location & Railroad Flagger:
Chicago, Central & Pacific Railroad Company
CN Flagging-US
17641 South Ashland Ave
Homewood, IL 60430
US_Flagging@CN.CA
www.cn.ca
ITG Communication LLC
139 Clark St.
Waterloo IA 50703
6154475347
accountsreceivable@i-t-g.net
Invoice
Customer Date Invoice #
01/22/2026 FTAR083125LCP110
Due Date 02/21/2026
Bill To Ship To Status
City OF Waterloo-487 City OF Waterloo Invoiced-Pending Approval
715 Mulberry St NA Co-Ordinator
Waterloo , Iowa 50703 Waterloo, Iowa 99999
Telecommunications Waterloo Fiber NA P.O.No.
3192910141 999-999-9999 T013-LCP110
Project Category Work Type Job Address City/Town State County
Construction T013-LCP110 PARK LN.WATERLOO IA 50703
Terms Lead #Construction ID #Project Name Project No.
WATERLOO FIBER T013-LCP110
Item Quantity Description U/M Rate Amount
Prepayment for RxR flagging services00 RXR 1 $6825 $6,825.00
Subtotal $6,825.00
Retainage hold back (4%)( - $273.00 )
Sales Tax (0%)$0.00
Total $6,552.00
Reviewed and approved for payment 02.03.2026
UG00006 2025.08.21
TOTAL $6,825.00
Reference
Page 1 of 2
UTILITY CROSSING AND / OR ENCROACHMENT
Date: AUGUST 18, 2025, Facility Owner: CITY OF WATERLOO
Document No.: P-12411 715 MULBERRY STREET
Work Order No.: WATERLOO, IA 50707
Location: DAWSON STREET (DOT#307865G )
Road; Street; Avenue
1/4, 1/4, Section , T , R Telephone No.: 319-291-4312
City of: WATERLOO Fax No.:
County: BLACK HAWK State: IA 24 Hr. Emergency No.:
Line Segment: Milepost: 277.7 Attention: JAMIE KNUTSON
Survey Station: WATERLOO SUBDIVISION
This is not valid unless it indicates that Chicago, Central & Pacific Railroad Company has received all the information requested. If any of the boxes are checked that
information must be provided before the project is approved and valid.
CHECKLIST
It appears that your notification is deficient in the following aspects: (When returning information checked in the boxes please refer to the document number.)
Before the construction can begin, we must receive a certificate of insurance from the contractor/facility owner. The limits are as follows:
(a) Statutory Workers’ compensation and Employer’s Liability insurance.
(b) Automobile Liability in an amount not less than $1,000,000 combined single limit.
(c) Comprehensive General Liability in an amount not less than $5,000,000 combined single limit. In the event the policy is a Claims
Made policy; coverage shall include an aggregate of $10,000,000.
Before commencing work, the contractor shall provide and maintain the following insurance, in form and amount and with companies satisfactory to, and as
approved by, the RAILROAD.
(a) Statutory Worker’s Compensation and Employer’s Liability insurance.
(b) Automobile Liability in an amount not less than $1,000,000 combined single limit.
(c) An occurrence form Railroad Protective Policy with limits of not less than $5,000,000 per occurrence for Bodily Injury Liability,
Property Damage Liability and Physical Damage to Property, with $10,000,000 aggregate for the term of the policy with respect to
Bodily Injury, Liability, Property Damage Liability and Physical Damage to Property.
BOTH POLICIES MUST NAME:
Chicago, Central & Pacific Railroad Company and its Parents
17641 South Ashland Avenue
Homewood, IL 60430
Reference Document No. P-12411
as the insured and shall provide for not less than ten (10) days prior written notice to the Railroad as cancellation of, or any materials
change, in the policy.
Please complete and return the enclosed application form.
This notification is not subject to the rules adopted pursuant to Chapter 42 of the Iowa Administrative Code. All of the items marked below must be resolved
before the Railroad will begin processing your submittals as satisfactory notification. Please send the requested information to:
Chicago, Central & Pacific Railroad Company
Attn: CN Utilities
17641 South Ashland Avenue
Homewood, IL. 60430
Page 2 of 2
Notification does not include:
A legible scaled drawing.
A legible detailed cross section.
Legal description.
An emergency contact and telephone number as required by Chapter 42
Who will perform construction (e.g. internal labor, contractor)?
The owner of the proposed facility.
PLEASE PROVIDE THE NAME, ADDRESS, TELEPHONE NUMBER AND CONTACT PERSON FOR THE OWNER OF THE FACILITY.
Description of materials involved. (e.g. type of wire, cable, pipe crossing) - install (2) 1.25-inch HDPE conduits containing 48 CT Fiber
Type and size of facility.
Because of the lack of data submitted with your notification, or your specifications do not meet railroad construction requirements; the railroad
does not accept it as meeting the requirements of notification. Your notification will be complete upon receipt of the information requested and the
required documents will be processed. Any attempt to construct before the documents are prepared and executed, will be viewed as trespassing
and the construction will be halted and (Consultant/Contractor) and (Facility Owner) will be
prosecuted to the fullest extent of the law.
A deposit is required to begin permit processing.
Please provide vicinity map showing cross streets and the location of the project.
Profile of crossing.
Is this being installed at an existing public road crossing?
The casing shall extend a minimum of the entire width of Railroad right of way. In addition, the casing pipe shall be a minimum of 5’6” below the track and
extend a minimum of 3’ beyond the toe or top of a slope or ditch and must be sealed.
A steel casing pipe with an E-80 loading capacity is required for installation of a PVC or PLASTIC CONDUIT. The casing pipe must be bored and jacked
with a minimum depth of 5.5’ from the bottom of the rail to the top of the casing and shall extend the entire width of the Railroad right of way. In addition,
the casing pipe shall be sealed and vented on each side of the tracks outside of the railroad right of way line (see enclosed specifications).
The tracks have been removed but the right of way is still owned by Chicago, Central & Pacific Railroad Company and construction is required as though
rails are still there.
Road right of way width of DAWSON STREET (DOT#307865G )
Construction is not permitted until both parties agree procedures and all fees are paid.
You are proposing to directionally bore a “natural gas main without a casing pipe, Chicago, Central & Pacific Railroad Company requires that
any uncased gas mains be installed in accordance with Part 5, Section 5.2 of the American Railway Engineering and Maintenance Associations Manual for
Railway Engineering.
X You must CONTACT Chicago, Central & Pacific Railroad Company, five (5) working days prior to construction. The contact information can be
found below.
X PER CHAPTER 42 YOU ARE REQUIRED TO PROVIDE THE RAILROAD NOTICE OF CONSTRUCTION A MINIMUM OF FIVE (5)
WORKING DAYS PRIOR TO CONSTRUCTION. NOTE: CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY IS NOT
ASSOCIATED WITH DIGGERS / JULIE / MISS DIG / GOLPHER ON CALL.
X Signal Wire Location
X Flagger
Signal Wire Location & Railroad Flagger:
Chicago, Central & Pacific Railroad Company
CN Flagging-US
17641 South Ashland Ave
Homewood, IL 60430
US_Flagging@CN.CA
www.cn.ca
ITG Communication LLC
139 Clark St.
Waterloo IA 50703
6154475347
accountsreceivable@i-t-g.net
Invoice
Customer Date Invoice #
01/22/2026 FTTH05312025LCP123
Due Date 02/21/2026
Bill To Ship To Status
City OF Waterloo-487 City OF Waterloo Invoiced-Pending Approval
715 Mulberry St NA Co-Ordinator
Waterloo , Iowa 50703 Waterloo, Iowa 99999
Telecommunications Waterloo Fiber NA P.O.No.
3192910141 999-999-9999 T014 - LCP123
Project Category Work Type Job Address City/Town State County
Construction T014 - LCP123 PARK LN.WATERLOO IA 50703
Terms Lead #Construction ID #Project Name Project No.
WATERLOO FIBER T014 - LCP123
Item Quantity Description U/M Rate Amount
Permit Pass Thru00 Permit 1 $1350 $1,350.00
Permit Pass Thru00 Permit 1 $1350 $1,350.00
Subtotal $2,700.00
Retainage hold back (4%)( - $108.00 )
Sales Tax (0%)$0.00
Total $2,592.00
Reviewed and approved for payment 02.03.2026
INVOICE
Invoice Number 91786520
Page 1 of 1
Invoice Date (Y/M/D)2025/04/08
Service Period 2025/04/08
Customer Number 21088
CN Reference Number 750089355
Billing Type Flagging
Flagging Fees
ILLINOIS CENTRAL
NON-FREIGHT MANAGEMENT
PO BOX 95361
CHICAGO IL 60694-5361
USA
ATTN JAMIE KNUTSON
CITY OF WATERLOO
715 MULBERRY ST
WATERLOO IA 50703-5714
USA
Department Reference Number P-12450 UTILITY APP FEE
P-12450 UTILITY APP FEE
Quantity Detail Amount (USD)
P-12450 UTILITY APP FEE 1,350.00
Inquiries
Natalie Phillips
Tel: 708-332-3858
Email:NATALIE.PHILLIPS@CN.CA
Tax ID
36-2728842
Total $ 1,350.00
Amount Due $ 1,350.00
Payable in USD Funds
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
ILLINOIS CENTRAL
NON-FREIGHT MANAGEMENT
PO BOX 95361
CHICAGO IL 60694-5361
USA
Please make your checks payable to
ILLINOIS CENTRAL
and return this detachable stub with your payment
Invoice Number 91786520
Customer Number 21088
Invoice Amount (USD) $1,350.00
Payment Amount $_________
Net 30 days, payment due 2025/05/08
Interest will be assessed on overdue amounts
LCP123
Page 1 of 2
UTILITY CROSSING AND / OR ENCROACHMENT
Date: September 5, 2025, Facility Owner: CITY OF WATERLOO
Document No.: P-12450 715 MULBERRY STREET
Work Order No.: WATERLOO, IA 50707
Location: WCF AND N FRONTAGE (DOT#309092Y)
Road; Street; Avenue
1/4, 1/4, Section , T , R Telephone No.: 319-291-4312
City of: WATERLOO Fax No.:
County: BLACK HAWK State: IA 24 Hr. Emergency No.:
Line Segment: Milepost: 0.7 Attention: JAMIE KNUTSON
Survey Station: WATERLOO SUBDIVISION
This is not valid unless it indicates that Chicago, Central & Pacific Railroad Company has received all the information requested. If any of the boxes are checked that
information must be provided before the project is approved and valid.
CHECKLIST
It appears that your notification is deficient in the following aspects: (When returning information checked in the boxes please refer to the document number.)
Before the construction can begin, we must receive a certificate of insurance from the contractor/facility owner. The limits are as follows:
(a) Statutory Workers’ compensation and Employer’s Liability insurance.
(b) Automobile Liability in an amount not less than $1,000,000 combined single limit.
(c) Comprehensive General Liability in an amount not less than $5,000,000 combined single limit. In the event the policy is a Claims
Made policy; coverage shall include an aggregate of $10,000,000.
Before commencing work, the contractor shall provide and maintain the following insurance, in form and amount and with companies satisfactory to, and as
approved by, the RAILROAD.
(a) Statutory Worker’s Compensation and Employer’s Liability insurance.
(b) Automobile Liability in an amount not less than $1,000,000 combined single limit.
(c) An occurrence form Railroad Protective Policy with limits of not less than $5,000,000 per occurrence for Bodily Injury Liability,
Property Damage Liability and Physical Damage to Property, with $10,000,000 aggregate for the term of the policy with respect to
Bodily Injury, Liability, Property Damage Liability and Physical Damage to Property.
BOTH POLICIES MUST NAME:
Chicago, Central & Pacific Railroad Company and its Parents
17641 South Ashland Avenue
Homewood, IL 60430
Reference Document No. P-12450
as the insured and shall provide for not less than ten (10) days prior written notice to the Railroad as cancellation of, or any materials
change, in the policy.
Please complete and return the enclosed application form.
This notification is not subject to the rules adopted pursuant to Chapter 42 of the Iowa Administrative Code. All of the items marked below must be resolved
before the Railroad will begin processing your submittals as satisfactory notification. Please send the requested information to:
Chicago, Central & Pacific Railroad Company
Attn: CN Utilities
17641 South Ashland Avenue
Homewood, IL. 60430
Page 2 of 2
Notification does not include:
A legible scaled drawing.
A legible detailed cross section.
Legal description.
An emergency contact and telephone number as required by Chapter 42
Who will perform construction (e.g. internal labor, contractor)?
The owner of the proposed facility.
PLEASE PROVIDE THE NAME, ADDRESS, TELEPHONE NUMBER AND CONTACT PERSON FOR THE OWNER OF THE FACILITY.
Description of materials involved. (e.g. type of wire, cable, pipe crossing) - install (2) 1.25-inch HDPE conduits containing 48 CT Fiber
Type and size of facility.
Because of the lack of data submitted with your notification, or your specifications do not meet railroad construction requirements; the railroad
does not accept it as meeting the requirements of notification. Your notification will be complete upon receipt of the information requested and the
required documents will be processed. Any attempt to construct before the documents are prepared and executed, will be viewed as trespassing
and the construction will be halted and (Consultant/Contractor) and (Facility Owner) will be
prosecuted to the fullest extent of the law.
A deposit is required to begin permit processing.
Please provide vicinity map showing cross streets and the location of the project.
Profile of crossing.
Is this being installed at an existing public road crossing?
The casing shall extend a minimum of the entire width of Railroad right of way. In addition, the casing pipe shall be a minimum of 5’6” below the track and
extend a minimum of 3’ beyond the toe or top of a slope or ditch and must be sealed.
A steel casing pipe with an E-80 loading capacity is required for installation of a PVC or PLASTIC CONDUIT. The casing pipe must be bored and jacked
with a minimum depth of 5.5’ from the bottom of the rail to the top of the casing and shall extend the entire width of the Railroad right of way. In addition,
the casing pipe shall be sealed and vented on each side of the tracks outside of the railroad right of way line (see enclosed specifications).
The tracks have been removed but the right of way is still owned by Chicago, Central & Pacific Railroad Company and construction is required as though
rails are still there.
Road right of way width of WCF AND N FRONTAGE (DOT#309092Y))
Construction is not permitted until both parties agree procedures and all fees are paid.
You are proposing to directionally bore a “natural gas main without a casing pipe, Chicago, Central & Pacific Railroad Company requires that
any uncased gas mains be installed in accordance with Part 5, Section 5.2 of the American Railway Engineering and Maintenance Associations Manual for
Railway Engineering.
X You must CONTACT Chicago, Central & Pacific Railroad Company, five (5) working days prior to construction. The contact information can be
found below.
X PER CHAPTER 42 YOU ARE REQUIRED TO PROVIDE THE RAILROAD NOTICE OF CONSTRUCTION A MINIMUM OF FIVE (5)
WORKING DAYS PRIOR TO CONSTRUCTION. NOTE: CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY IS NOT
ASSOCIATED WITH DIGGERS / JULIE / MISS DIG / GOLPHER ON CALL.
X Signal Wire Location
X Flagger
Signal Wire Location & Railroad Flagger:
Chicago, Central & Pacific Railroad Company
CN Flagging-US
17641 South Ashland Ave
Homewood, IL 60430
US_Flagging@CN.CA
www.cn.ca
INVOICE
Invoice Number 91786521
Page 1 of 1
Invoice Date (Y/M/D)2025/04/08
Service Period 2025/04/08
Customer Number 21088
CN Reference Number 750089356
Billing Type Flagging
Flagging Fees
ILLINOIS CENTRAL
NON-FREIGHT MANAGEMENT
PO BOX 95361
CHICAGO IL 60694-5361
USA
ATTN JAMIE KNUTSON
CITY OF WATERLOO
715 MULBERRY ST
WATERLOO IA 50703-5714
USA
Department Reference Number P-12451 UTILITY APP FEE
P-12451 UTILITY APP FEE
Quantity Detail Amount (USD)
P-12451 UTILITY APP FEE 1,350.00
Inquiries
Natalie Phillips
Tel: 708-332-3858
Email:NATALIE.PHILLIPS@CN.CA
Tax ID
36-2728842
Total $ 1,350.00
Amount Due $ 1,350.00
Payable in USD Funds
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
ILLINOIS CENTRAL
NON-FREIGHT MANAGEMENT
PO BOX 95361
CHICAGO IL 60694-5361
USA
Please make your checks payable to
ILLINOIS CENTRAL
and return this detachable stub with your payment
Invoice Number 91786521
Customer Number 21088
Invoice Amount (USD) $1,350.00
Payment Amount $_________
Net 30 days, payment due 2025/05/08
Interest will be assessed on overdue amounts
LCP123
Page 1 of 2
UTILITY CROSSING AND / OR ENCROACHMENT
Date: September 18, 2025, Facility Owner: CITY OF WATERLOO
Document No.: P-12451 715 MULBERRY STREET
Work Order No.: WATERLOO, IA 50707
Location: WAGNER RD (DOT#307177U)
Road; Street; Avenue
1/4, 1/4, Section , T , R Telephone No.: 319-291-4312
City of: WATERLOO Fax No.:
County: BLACK HAWK State: IA 24 Hr. Emergency No.:
Line Segment: Milepost: 278.96 Attention: JAMIE KNUTSON
Survey Station: WATERLOO SUBDIVISION
This is not valid unless it indicates that Chicago, Central & Pacific Railroad Company has received all the information requested. If any of the boxes are checked that
information must be provided before the project is approved and valid.
CHECKLIST
It appears that your notification is deficient in the following aspects: (When returning information checked in the boxes please refer to the document number.)
Before the construction can begin, we must receive a certificate of insurance from the contractor/facility owner. The limits are as follows:
(a) Statutory Workers’ compensation and Employer’s Liability insurance.
(b) Automobile Liability in an amount not less than $1,000,000 combined single limit.
(c) Comprehensive General Liability in an amount not less than $5,000,000 combined single limit. In the event the policy is a Claims
Made policy; coverage shall include an aggregate of $10,000,000.
Before commencing work, the contractor shall provide and maintain the following insurance, in form and amount and with companies satisfactory to, and as
approved by, the RAILROAD.
(a) Statutory Worker’s Compensation and Employer’s Liability insurance.
(b) Automobile Liability in an amount not less than $1,000,000 combined single limit.
(c) An occurrence form Railroad Protective Policy with limits of not less than $5,000,000 per occurrence for Bodily Injury Liability,
Property Damage Liability and Physical Damage to Property, with $10,000,000 aggregate for the term of the policy with respect to
Bodily Injury, Liability, Property Damage Liability and Physical Damage to Property.
BOTH POLICIES MUST NAME:
Chicago, Central & Pacific Railroad Company and its Parents
17641 South Ashland Avenue
Homewood, IL 60430
Reference Document No. P-12451
as the insured and shall provide for not less than ten (10) days prior written notice to the Railroad as cancellation of, or any materials
change, in the policy.
Please complete and return the enclosed application form.
This notification is not subject to the rules adopted pursuant to Chapter 42 of the Iowa Administrative Code. All of the items marked below must be resolved
before the Railroad will begin processing your submittals as satisfactory notification. Please send the requested information to:
Chicago, Central & Pacific Railroad Company
Attn: CN Utilities
17641 South Ashland Avenue
Homewood, IL. 60430
Page 2 of 2
Notification does not include:
A legible scaled drawing.
A legible detailed cross section.
Legal description.
An emergency contact and telephone number as required by Chapter 42
Who will perform construction (e.g. internal labor, contractor)?
The owner of the proposed facility.
PLEASE PROVIDE THE NAME, ADDRESS, TELEPHONE NUMBER AND CONTACT PERSON FOR THE OWNER OF THE FACILITY.
Description of materials involved. (e.g. type of wire, cable, pipe crossing) - install (2) 1.25-inch HDPE conduits containing 48 CT Fiber
Type and size of facility.
Because of the lack of data submitted with your notification, or your specifications do not meet railroad construction requirements; the railroad
does not accept it as meeting the requirements of notification. Your notification will be complete upon receipt of the information requested and the
required documents will be processed. Any attempt to construct before the documents are prepared and executed, will be viewed as trespassing
and the construction will be halted and (Consultant/Contractor) and (Facility Owner) will be
prosecuted to the fullest extent of the law.
A deposit is required to begin permit processing.
Please provide vicinity map showing cross streets and the location of the project.
Profile of crossing.
Is this being installed at an existing public road crossing?
The casing shall extend a minimum of the entire width of Railroad right of way. In addition, the casing pipe shall be a minimum of 5’6” below the track and
extend a minimum of 3’ beyond the toe or top of a slope or ditch and must be sealed.
A steel casing pipe with an E-80 loading capacity is required for installation of a PVC or PLASTIC CONDUIT. The casing pipe must be bored and jacked
with a minimum depth of 5.5’ from the bottom of the rail to the top of the casing and shall extend the entire width of the Railroad right of way. In addition,
the casing pipe shall be sealed and vented on each side of the tracks outside of the railroad right of way line (see enclosed specifications).
The tracks have been removed but the right of way is still owned by Chicago, Central & Pacific Railroad Company and construction is required as though
rails are still there.
Road right of way width of WAGNER RD (DOT#307177U) )
Construction is not permitted until both parties agree procedures and all fees are paid.
You are proposing to directionally bore a “natural gas main without a casing pipe, Chicago, Central & Pacific Railroad Company requires that
any uncased gas mains be installed in accordance with Part 5, Section 5.2 of the American Railway Engineering and Maintenance Associations Manual for
Railway Engineering.
X You must CONTACT Chicago, Central & Pacific Railroad Company, five (5) working days prior to construction. The contact information can be
found below.
X PER CHAPTER 42 YOU ARE REQUIRED TO PROVIDE THE RAILROAD NOTICE OF CONSTRUCTION A MINIMUM OF FIVE (5)
WORKING DAYS PRIOR TO CONSTRUCTION. NOTE: CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY IS NOT
ASSOCIATED WITH DIGGERS / JULIE / MISS DIG / GOLPHER ON CALL.
X Signal Wire Location
X Flagger
Signal Wire Location & Railroad Flagger:
Chicago, Central & Pacific Railroad Company
CN Flagging-US
17641 South Ashland Ave
Homewood, IL 60430
US_Flagging@CN.CA
www.cn.ca
No
CR-2026-0043
ITG
Michael Regan
PM Broadband Implementation
City of Waterloo
Retainage
Change Order Request
Clayton Johnston
VP of Construction
Client/Owner
1/16/2026
$7,575.00Change Order Name:
Construction Contractor Name (Attn)
Magellan Project Manager:
Client/Owner (Attn)
Change Order Type
Change Order Cost:
Request Date:
Requested By:
Entrust Sign-Off
Design/Engineering
Change Request Overview
Description of Change (include location)
Reason for Change
Material Submittals/ Specifications
Per City Engineer, Railroad Permit fees are a passthrough expense for this project covered by the City of
Waterloo
The following Change Order has been created to account for Railroad Permit fees associated with the
following crossings:
WESTFIELD AVE & FLETCHER AVE - Task Order 15 / LCP 059 / UG00024 / P-12545
LOGAN AVE & CENTER ST - Task Order 13 / LCP 089 / UG00010 / P-12374
Will Be Subject To The Withholdings and Release Set Forth In The
Contract Sections 6.2(f)(i) and (ii)
Location
Work Order #
Labor
UG00024 / P-12545 1 $ 750.00 $ 750.00
UG00010 / P-12374 1 $ 6,825.00 $ 6,825.00
$ -
$ -
$ -
*** $ 7,575.00
Materials
*** $ -
*** $ 7,575.00
CR Labor Subtotal
Permit Fee
Itemized Breakdown of Work
Quantity Unit PriceDescription
Flagging Fee
Amount
CR Materials Subtotal
TOTAL CR COST
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
**End**
Client/Owner (Attn)
Contractor Manager (not needed for design change requests)
Clayton Johnston VP of Construction
Charles Smith Regional Manager
Approvals
Magellan Sign-Off
1/19/2026
1/20/2026
Jamie Knutson, P.E. City Engineer
1/20/2026
No
CR-2026-0044
ITG
Michael Regan
PM Broadband Implementation
City of Waterloo
Retainage
Change Order Request
Clayton Johnston
VP of Construction
Client/Owner
1/16/2026
$13,650.00Change Order Name:
Construction Contractor Name (Attn)
Magellan Project Manager:
Client/Owner (Attn)
Change Order Type
Change Order Cost:
Request Date:
Requested By:
Entrust Sign-Off
Design/Engineering
Change Request Overview
Description of Change (include location)
Reason for Change
Material Submittals/ Specifications
Per City Engineer, Railroad Permit fees are a passthrough expense for this project covered by the City of
Waterloo
The following Change Order has been created to account for Railroad Permit fees associated with the
following crossings:
BROADWAY ST & GRANDVIEW AVE - Task Order 14 / LCP 109 / UG00320 / P-12425
NEVADA ST & POLK ST- Task Order 09 / LCP 097 / UG00012 / P-12367
Will Be Subject To The Withholdings and Release Set Forth In The
Contract Sections 6.2(f)(i) and (ii)
Location
Work Order #
Labor
UG00320 / P-12425 1 $ 6,825.00 $ 6,825.00
UG00012 / P-12367 1 $ 6,825.00 $ 6,825.00
$ -
$ -
$ -
$ -
*** $ 13,650.00
Materials
*** $ -
*** $ 13,650.00
CR Labor Subtotal
Itemized Breakdown of Work
Quantity Unit PriceDescription
Flagging Fee
Flagging Fee
Amount
CR Materials Subtotal
TOTAL CR COST
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
**End**
Client/Owner (Attn)
Contractor Manager (not needed for design change requests)
Clayton Johnston VP of Construction
Charles Smith Regional Manager
Approvals
Magellan Sign-Off
1/19/2026
1/20/2026
Jamie Knutson, P.E. City Engineer
1/20/2026
No
CR-2026-0045
ITG
Michael Regan
PM Broadband Implementation
Waterloo Fiber/Eric Lage
Retainage Will Be Subject To The Withholdings and Release Set Forth In The
Contract Sections 6.2(f)(i) and (ii)
Change Order Request
Clayton Johnston
VP of Construction
Client/Owner
2/3/2026
($38,607.87)Change Order Name:
Construction Contractor Name (Attn)
Magellan Project Manager:
Client/Owner (Attn)
Change Order Type
Change Order Cost:
Request Date:
Requested By:
Entrust Sign-Off
Design/Engineering
Change Request Overview
Description of Change (include location)
Reason for Change
Labor & material pricing came from the original BoM pricing approved by Waterloo Fiber and the City of
Waterloo associated with Contract # 1088Material Submittals/ Specifications
Due to Occupancy Fees (~$30,000 Year 1 with an increase of 5-10% each year thereafter) associated with DOT
permit UG00272, the decision was made to remove 5 businesses in this area from the FTTH design.
Construction to these businesses may be considered as part of a future project, timeframe unknown.
The following Change Order has been created to account for a deduction in construction labor and materials
associated with the design area near Fletcher Ave, Highway 218 and Westfield Ave in Task Order 15 / LCP 059.
Location
Work Order #
Labor
Underground - Buried Labor 161 $ 13.75 $ 2,213.75
-161 $ 15.85 $ (2,551.85)
-2,199 $ 11.95 $ (26,278.05)
-2,199 $ - $ -
-2,660 $ 1.20 $ (3,192.00)
-4 $ 150.00 $ (600.00)
-10 $ 28.00 $ (280.00)
-10 $ 32.00 $ (320.00)
-5 $ 200.00 $ (1,000.00)
-7 $ 25.00 $ (175.00)
-7 $ 1.00 $ (7.00)
*** $ (32,190.15)
Materials
Fiber Material -2,660 $ 1.32 $ (3,511.20)
Underground Material -2,360 $ 0.38 $ (896.80)
-2,199 $ 0.11 $ (241.89)
-4 $ 339.52 $ (1,358.08)
-5 $ 81.95 $ (409.75)
*** $ (6,417.72)
*** $ (38,607.87)
Directional Bore (1) 1", (0) 2", (0) 1.25" -->[LF]
Install #12 AWG Insulated Tracer Wire -->[LF]
Directional Bore (1) 1", (0) 2", (2) 1.25" -->[LF]
CR Labor Subtotal
Sawcut, Remove and Replace Asphalt 6" Thick -->[SqrFt]
Sawcut, Remove and Replace Asphalt 6" Thick -->[SqrFt]
Installation, Small Vault, 13” x 24” (Composite) -->[EA]
Installation, Underground Fiber Cable - Including Slack (Micro fiber
must be blown in) -->[LF]
Testing, OTDR, Uni-Directional, Power Meter Testing -->[EA]
Splicing, Fusion, Single Fiber -->[EA]
Install New Splice Case & Prep Cable -->[EA]
Directional Bore (0) 1", (0) 2", (2) 1.25" -->[LF]
Itemized Breakdown of Work
Quantity Unit PriceDescription
1” HDPE Roll Conduit, Orange – SDR 11 -->[FT]
Amount
Commscope CSC100 Micro Closure -->[EA]
96 CT Micro Fiber Cable -->[FT]
CR Materials Subtotal
TOTAL CR COST
Small Vault, 13” x 24” - Composite -->[EA]
#12 AWG Solid Thhn Insulated Tracer Wire -->[FT]
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
Print Name / Title:
Signature:
Date:
**End**
Client/Owner (Attn)
Contractor Manager (not needed for design change requests)
Clayton Johnston VP of Construction
Charles Smith Regional Manager
Approvals
Magellan Sign-Off
2/9/2026
2/9/2026