Village Board — Agenda Packet

MEETING: AMENDED REGULAR MEETING OF THE VILLAGE BOARD DATE & TIME: Monday, March 16, 2026 at 7:00 PM LOCATION: Germantown Village Hall Board Room N112 W17001 Mequon Road Any member of the body and/or citizen may attend the meeting virtually through the WebEx platform, Meeting #:2551 746 8900 Password: RGfHMePh684 which can be accessed by phone at 408-418-9388 or by clicking the link below: https://villageofgermantown.my.webex.com/villageofgermantown.my/j.php?MTID=mbac09c1bf 900c82b3d4fd86d044402dc Citizens not wishing to attend the meeting personally or virtually may submit any public comments by sending an email to comments@germantownwi.gov by 4 p.m. on the day of the meeting so that it can be provided to the members of the body for their consideration. Previously recorded VillageBoard Meeting Videos can be viewed at: https://www.youtube.com/channel/UCOYp0EgELzTCa9X_iCohyhQ AGENDA I. CALL TO ORDER: This meeting has been given public notice in accordance with Section 19.83 and 19.84, Wis. Stats, in such form that will apprise the general public and news media of subject matter that is intended for consideration and action. II. ROLL CALL: III. PLEDGE OF ALLEGIANCE / MOMENT OF SILENCE: IV. PRESIDENT’S REPORT: V. ANNOUNCEMENTS OF FORTHCOMING EVENTS OF PUBLIC INTEREST / COMMITTEE AND DEPARTMENT REPORTS: VI. CITIZEN INPUT: (Please be advised per 19.84(2) that information and comment will be received from the public. It is the policy of this municipality that public input be limited to a four (4) minute period per person with a time extension granted at the discretion of the Chairperson. Be advised that there may be limited discussion of the information received but no action will be taken under public comments.) Comments that may be injurious to village personnel or other individuals will not be allowed. VII. CONSENT AGENDA: A. Meeting Minutes: March 2, 2026 (ACTION) B. Matteo's Mexican Grill One-Time Temporary Outdoor Entertainment Permit for Cinco de Mayo (05/05/2026) (ACTION) C. Producer Full-Service Retail Sales Application: Spirits of Norway Vineyard, LLC dba On Cloud Wine, LLC for Hops & Hounds event on July 10, 2026, at Homestead Hollow County Park (ACTION) D. Contract with Dan Larsen Landscaping for spring tree planting for an amount not to exceed $27,866.00. (ACTION) E. Purchasing street lighting fixtures from Graybar for an amount not to exceed $112,226.58. (ACTION) F. Contract with Clark Dietz for Telecom Permit Reviews and Inspection Services as a pass through cost in amount of $360,000 (ACTION) Page 1 of 181 VILLAGE BOARD AGENDA March 16, 2026 Page 2 G. Agreements with Fiberoptic Telecommunications Companies (ACTION) H. Contract with Ruekert & Mielke to design Main Street Lift Station and Old Farm Lift Station improvements in amount not to exceed $532,659.00 (ACTION) Updated Attachment VIII. UNFINISHED BUSINESS: A. A Resolution to adopt an Official Snow and Ice Removal Map as required by the update to Municipal Code 8.02. (ACTION) IX. PUBLIC HEARINGS: X. NEW BUSINESS: A. A Resolution Establishing a Fee Schedule for Weights & Measures Devices Required Under Section 12.26 of the Municipal Code. (ACTION) B. A Resolution Disallowing the Claim of Lance Ambrose (ACTION) C. Appointment of Director of Public Works. The Village Board may convene into closed session pursuant to Wis. Stat. § 19.85(1)(c) for the purpose of considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction, and then may reconvene into open session to take such action as it deems appropriate. (ACTION) D. Retention bonuses for Certain Key Employees. The Village Board may convene into closed session pursuant to Wis. Stat. § 19.85(1)(c) for the purpose of considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility and then may reconvene into open session to take such action as it deems appropriate. (ACTION) XI. ADJOURNMENT: UPON REASONABLE NOTICE, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, please contact the Village Clerk at (262)250-4745 at least 2 days prior to the meeting. Notice is hereby given that a possible quorum of other boards, committees, and/or commissions may attend this meeting to gather information about an item over which they have decision-making responsibility. This may constitute a meeting of these bodies per State ex rel. Badke v Greendale Village Board, even though these bodies will not take formal action at this meeting. Page 2 of 181 MEETING: REGULAR MEETING OF THE VILLAGE BOARD DATE AND TIME: Monday, March 2, 2026 7:00 PM LOCATION: Germantown Vi llage Hall Board Room N112 W17001 Mequon Road MINUTES I. CALL TO ORDER: This meeting has been given public notice in accordance with Section 19.83 and 19.84, Wis. Stats, in such form that will apprise the general public and news media of subject matter that is intended for consideration and action. Village President Bob Soderberg Called the Village Board meeting to order at 7:08 PM. II. ROLL CALL: Prese nt: Trustee Robert Warren, Trustee Meg Cutts, Trustee David Baum, Trustee Jan Miller, Trustee Kristen Borst, Trustee Jolene Pieper, Trustee Rick Miller, Trustee Terri Kaminski, Village President Bob Soderberg Also Present: Village Administrator Steve Kreklow, Village Attorney Brian Sajdak, Village Clerk Donna Ott, Community Development Director Jeff Retzlaff III. PLEDGE OF ALLEGIANCE / MOMENT OF SILENCE: IV. PRESIDENT’S REPORT: Villa ge President Soderberg shared that the Village’s 2024 Annual Comprehensive Financial Report was awarded the Government Finance Officers’ Association Certificate of Excellence in Financial Reporting, that Firefighter Craig Rossman (Germantown Fire Department) was presented the Firefighter/EMT of the Year award from VFW Post 9202, and that Sergeant Cody Farnsworth (Germantown Police Department) was recognized by VFW Post 9202 as Officer of the Year. He also welcomed new Police Officer Taylor Weiss to Germantown. He continued to speak regarding the Germantown Area Chamber of Commerce Candidates Forum on March 11th, and items on tonight's Village Board agenda. Finally, he read aloud a proclamation recognizing Village Administrator Kreklow and thanking him for his service to the Village of Germantown. V. ANNOUNCEMENTS OF FORTHCOMING EVENTS OF PUBLIC INTEREST / COMMITTEE AND DEPARTMENT REPORTS: Trustee Kaminski announced the upcoming Public Works & Highways Committee DRAFT Page 3 of 181 Page 2 meeting on March 4, 2026, at 5:30 PM. Trustee Rick Miller announced the upcoming General Government & Finance Committee meeting on March 16, 2026, at 5:30 PM. Trustee Cutts announced the upcoming Public Safety Committee meeting on April 9, 2026, at 6:00 PM. Trustee Jan Miller announced the upcoming Economic Development Commission meeting on March 10, 2026, at 6:00 PM, the upcoming Senior Advisory Committee meeting on March 5, 2026, at 1:30 PM, and the upcoming Tree Advisory Board meeting on March 5, 2026, at 5:30 PM. VI. CITIZEN INPUT: (Please be advised per 19.84(2) that information and comment will be received from the public. It is the policy of this municipality that public input be limited to a four (4) minute period per person with a time extension granted at the discretion of the Chairperson. Be advised that there may be limited discussion of the information received but no action will be taken under public comments.) Comments that may be injurious to village personnel or other individuals will not be allowed. Lynne Schauer Bednarz (W156N10121 Pawnee Ct) spoke regarding the Village budget. Norman Berger (W141N9978 Seven Pines Way) spoke regarding Village garbage pickup. Melanie Smythe (N140W17938 Cedar Ln) spoke regarding vacant positions and New Business Item F (Retention Bonuses for Certain Department Heads). Scott Hefle (W159N10514 Old Farm Rd) spoke regarding Unfinished Business Item A (IGA with Washington County Related to a $750,000 Forgivable Loan to Flamingo Marine). Charles Krueger (W140N9766 Fond du Lac Ave) spoke regarding additional apartments being built in Germantown. VII. CONSENT AGENDA: Motion: Approve as presented Motioned By: Meg Cutts Seconded By: Jan Miller Trustee Baum requested to split the question. A. Meeting Minutes: February 16, 2026 (ACTION) On consideration of Item A: DRAFT Page 4 of 181 Page 3 Yes: Robert Warren, Meg Cutts, David Baum, Jan Miller, Kristen Borst, Jolene Pieper, Rick Miller, Terri Kaminski, Bob Soderberg No: None Abstain: None Motion Carried by Voice Vote (Yes 9, No 0, Abstained 0) B. Approve Contract for Ballfield Fencing (ACTION) On consideration of Item B: Yes: Robert Warren, Meg Cutts, Jan Miller, Kristen Borst, Rick Miller, Terri Kaminski, Bob Soderberg No: David Baum, Jolene Pieper Abstain: None Motion Carried by Roll Call Vote (Yes 7, No 2, Abstained 0) VIII. UNFINISHED BUSINESS: A. Intergovernmental Agreement with Washington County Related to a $750,000 forgivable loan to Flamingo Marine. (ACTION) Village Administrator Kreklow and Christian Tscheschlok of Economic Development Washington County (EDWC) provided details on this item. Motion: Approve as presented Motioned By: Jolene Pieper Seconded By: David Baum Yes: Robert Warren, Meg Cutts, David Baum, Kristen Borst, Jolene Pieper, Rick Miller, Terri Kaminski, Bob Soderberg No: Jan Miller Abstain: None Motion Carried by Roll Call Vote (Yes 8, No 1, Abstained 0) IX. PUBLIC HEARINGS: X. NEW BUSINESS: A. Premier Real Estate Management, LLC, Agent for Victory Place, LLC, Property Owner. Ordinance for Rezoning approximately 7 acres from the I: Institutional Zoning District to the Rm-2: Multiple-Family Residential Zoning District for a 48- unit multi-family residential development located on Fond du Lac Avenue and Crimson Road (approximately W140 N9889 Fond du Lac Avenue) in the Victory Center Corridor. (ACTION) DRAFT Page 5 of 181 Page 4 Community Development Director Retzlaff, with Emily McFarland and Joshua Kenitzer, the representatives for Premier Real Estate Management, LLC, provided information for this item. Motion: Approve as presented Motioned By: David Baum Seconded By: Robert Warren Yes: Robert Warren, David Baum, Rick Miller, Terri Kaminski, Bob Soderberg No: Meg Cutts, Jan Miller, Kristen Borst, Jolene Pieper Abstain: None Motion Carried by Voice Vote (Yes 5, No 4, Abstained 0) B. Bradley Jansen, Agent and Prospective Owner for Rao Farms, LLC, Property Owner. Application for a Conditional Use Permit for the “Operation of a Commercial Stable and Horse Boarding Facility” pursuant to Section 17.13(2)(jj) of the Village Zoning Code from property located at N136W21238- 21342 Bonniwell Road. (ACTION) Motion: Approve as presented Motioned By: Jolene Pieper Seconded By: David Baum Yes: Robert Warren, Meg Cutts, David Baum, Jan Miller, Kristen Borst, Jolene Pieper, Rick Miller, Terri Kaminski, Bob Soderberg No: None Abstain: None Motion Carried by Voice Vote (Yes 9, No 0, Abstained 0) C. An Ordinance Amending Section 1.379(2) Of The Germantown Municipal Code Relating To The Membership Of The Economic Development Commission. (ACTION) Motion: Approve as presented Motioned By: Terri Kaminski Seconded By: Rick Miller Yes: Robert Warren, Meg Cutts, Jan Miller, Kristen Borst, Rick Miller, Terri Kaminski, Bob Soderberg No: David Baum, Jolene Pieper Abstain: None Motion Carried by Voice Vote (Yes 7, No 2, Abstained 0) D. 4th of July -- Report and Discussion (ACTION) DRAFT Page 6 of 181 Page 5 Motion: Appoint Trustee Jan Miller to head up the 4th of July Committee, with Trustee Kaminski serving in an advisory role Motioned By: Jolene Pieper Seconded By: David Baum Yes: Robert Warren, Meg Cutts, David Baum, Jan Miller, Kristen Borst, Jolene Pieper, Rick Miller, Terri Kaminski, Bob Soderberg No: None Abstain: None Motion Carried by Voice Vote (Yes 9, No 0, Abstained 0) E. Update on Recruiting for Village Administrator and Director of Public Works. (ACTION) Village Administrator Kreklow and Jay Shambeau of Innovative Public Advisors provided information on this item. Motion: Approve the Village Administrator position description and hiring range Motioned By: Jolene Pieper Seconded By: David Baum Yes: Robert Warren, Meg Cutts, David Baum, Jan Miller, Kristen Borst, Jolene Pieper, Rick Miller, Terri Kaminski, Bob Soderberg No: None Abstain: None Motion Carried by Voice Vote (Yes 9, No 0, Abstained 0) F. Retention bonuses for Certain Department Heads. The Village Board may convene into closed session pursuant to Wis. Stat. § 19.85(1)(c) for the purpose of considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility and then may reconvene into open session to take such action as it deems appropriate. (ACTION) Motion: Enter into Closed Session at 9:22 PM Motioned By: David Baum Seconded By: Jolene Pieper Yes: Robert Warren, Meg Cutts, David Baum, Jan Miller, Kristen Borst, Jolene Pieper, Rick Miller, Terri Kaminski, Bob Soderberg No: None Abstain: None Motion Carried by Roll Call Vote (Yes 9, No 0, Abstained 0) DRAFT Page 7 of 181 Page 6 Motion: Return to Open Session at 9:49 PM Motioned By: Jolene Pieper Seconded By: David Baum Yes: Robert Warren, Meg Cutts, David Baum, Jan Miller, Kristen Borst, Jolene Pieper, Rick Miller, Terri Kaminski, Bob Soderberg No: None Abstain: None Motion Carried by Voice Vote (Yes 9, No 0, Abstained 0) Motion: Direct staff to proceed as discussed in Closed Session with respect to retention bonuses Motioned By: Jolene Pieper Seconded By: Terri Kaminski Yes: Robert Warren, Meg Cutts, Kristen Borst, Jolene Pieper, Rick Miller, Terri Kaminski, Bob Soderberg No: David Baum, Jan Miller Abstain: None Motion Carried by Roll Call Vote (Yes 7, No 2, Abstained 0) XI. ADJOURNMENT: Village President Soderberg adjourned the Village Board meeting at 9:50 PM. DRAFT Page 8 of 181 From: noreply@civicplus.com To: Comments Subject: Online Form Submittal: Meeting Comment Form for Committees and Village Board Date: Friday, February 27, 2026 1:27:25 PM CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Meeting Comment Form for Committees and Village Board First Name Matthew Last Name Uselding Address1 3539 S Howell Ave City Milwaukee State WI Zip 53207 Email Address matthew.uselding@outlook.com (Section Break) Which Committee/Commission/Board do you have comments for? Village Board What is the date of the meeting? 3/2/2026 For which item do you wish to provide comments? Item E What is your opinion of the item? I am IN FAVOR of the item. Would you like to speak at the meeting? No, I do not wish to speak at the meeting. I only want to submit my comments through this form. Comments I want to take a moment to share how grateful I am for Administrator Kreklow as he wraps up his time in Germantown and starts his next chapter. DRAFT Page 9 of 181 I was 24 years old and finishing grad school when I was hired at the Village of Germantown. I turn 30 next month. Over the past five years, I’ve had the chance to work side-by-side with Steve as we served this community together. We’ve worked through tough budgets, big capital projects, staff transitions, and all the daily challenges that come with local government. Through it all, I got to learn from someone who truly knows what he’s doing. Steve has been more than just an Administrator, I’m proud to call him a colleague, a mentor, and a friend. He pushed me to think deeper, communicate better, and stay steady when things weren’t easy. He trusted me early on in my career, and that trust meant more than he probably knows. It helped shape my confidence and the kind of leader I’m continuing to become. What always stood out to me was the respect he has across the profession. I can’t tell you how many times at conferences someone would say, “Kreklow is the Administrator down there, right? You’re lucky to have him.” And they were right, we are. Our organization is stronger because of him. The culture he built, the team he developed, and the direction he set will last long after his last day here. I’m incredibly thankful for his mentorship and friendship. I wish him nothing but success in this next chapter. Fox Point is lucky to have him. Thank you, Matthew Uselding Finance Director Village of Germantown Email not displaying correctly? View it in your browser. DRAFT Page 10 of 181 From: noreply@civicplus.com To: Comments Subject: Online Form Submittal: Meeting Comment Form for Committees and Village Board Date: Friday, February 27, 2026 6:11:26 PM CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Meeting Comment Form for Committees and Village Board First Name Donna Last Name Ott Address1 N112 W17001 Mequon Rd City Germantown State WI Zip 53022 Email Address dott@germantownwi.gov (Section Break) Which Committee/Commission/Board do you have comments for? Village Board What is the date of the meeting? 3/2/2026 For which item do you wish to provide comments? New Business Item E What is your opinion of the item? I am NEITHER in favor or oppose the item. Would you like to speak at the meeting? No, I do not wish to speak at the meeting. I only want to submit my comments through this form. Comments Administrator Kreklow's leadership within the Village has strengthened not only the daily operations but has also contributed to the morale by staff within the Village, which plays a huge role in employee retention. DRAFT Page 11 of 181 Administrator Kreklow's approach and commitment to service truly embodies the organizations values. While I haven't had the privilege of working for and alongside Administrator Kreklow for as long as many other staff members have - I can still say with the same enthusiasm and heart that Administrator Kreklow worked tirelessly and hard to improve residents experiences, create a welcoming village culture, I have been witness to his leadership going far beyond managing daily operations. Steve has been a steady presence that his team has been able to rely on. He is a problem solver who I have only witnessed him approach challenges with calm and clarity. Administrator Kreklow has built internal and external trust, encouraged collaboration, and created an environment where both residents and staff feel supported and valued. Steve's consistency, patience, collaboration, culture, and professionalism did not go unnoticed. Through his service as Village Administrator, Steve has built trust and the Germantown community is a direct reflection of his commitment, dedication, care, and integrity. Thank you Administrator Kreklow for your tireless efforts, open door policy, commitment to unwavering dedication to the constituents, and promoting a work culture that your team can thrive and grow in! I am grateful for your leadership and am proud to have worked alongside you! Wishing you great success in your next chapter! God Bless and "THANK YOU"! Email not displaying correctly? View it in your browser. DRAFT Page 12 of 181 From: crb crb To: Comments Subject: Re: VB MEETING COMMENTS 3-2-26 Date: Monday, March 2, 2026 3:44:59 PM CAUTION: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Forgot one item. That all comments send in need to be read aloud. Like we said before, we don't know if everyone read all comments send in or not. The Schneider's From: crb crb <cash2u@outlook.com> Sent: Monday, March 2, 2026 3:43 PM To: Comments <comments@germantownwi.gov> Subject: VB MEETING COMMENTS 3-2-26 Good evening, We would like to see the RETENTION BONUSES to be a open meeting. Since the taxpayers are paying for the increases. Strongly disagree in giving these bonuses What is the proper procedure for a item to be submitted for the agenda for a meeting? Example: RETETNTION BONUSES- NO NAME who submitted it. It if not done properly then it should not be discuss and or have any action on it. Tyler Munis due away with. Use Baird system. ROOFTOPS- homes/condos = more money for the village Apts/rentals= less money for village, but more money for developer. All we hear we need more tax money for the village. More roof tops equal better business to come to the village. These are not our words, but the village trustees words. How many more apts/or rentals do we need in the village? OLD FLOWER SOURCE & ALL THE OTHER PROPERTIES: A complete list of all expenses from start to now, how much everything has cost the residents(the landlords). DRAFT Page 13 of 181 Including what was paid out to BAILEY COPELAND and all the other companies that have been involved in this issue. Please get this done, before Mr. Kreklow last day of work in the village of 3-13-26. Also at every village board, updates on the demo. If any other fees have come up. Since signing the contract. Please also included updates from the Police/Fire depts of calls to the property at every board meeting until demo is done. Example: On 2-27-26 late morning, saw a police car there, but didn't see anything going on. What are the proper procedures for intergovernmental agreements with Washington County? Are they written out how things should be done. Example: Flamingo Marine (was this a "closed door meeting" again and or they did it on their own, then almost a year comes before the EDC) Who will be repaying the $750,000. back? The Schneider's DRAFT Page 14 of 181 BUSINESS OF THE VILLAGE BOARD MEETING DATE: March 16, 2026 PLACEMENT: Action Item ITEM TITLE: Matteo's Mexican Grill One-Time Temporary Outdoor Entertainment Permit for Cinco de Mayo (05/05/2026) (ACTION) SUBMITTED BY: Kasie Miller, Chief Deputy Clerk SUMMARY EXPLANATION: Matteo's Mexican Grill, located at W156N11058 Pilgrim Rd, has submitted an application for a One-Time Temporary Outdoor Entertainment Permit for their Cinco de Mayo event, from 10:00AM until 10:00PM. Their temporary patio will be erected before the event, and a 20 ft by 30 ft tent will be used as shelter for the temporary patio for this event only. Five-hundred foot notices were mailed to adjacent property owners on 02/10/2026. The Outdoor Premise Extension to serve alcohol on the noted seating on the sidewalk area and temporary patio was approved on 06/02/2025 for the 2025-2026 licensing year. Police, Fire, and Community Development Departments have provided approval of this application with recommended contingencies. ATTACHMENT: 1. Matteos ONE TIME Cinco de Mayo 2026 STAFF RECOMMENDATION: Approval of the One-Time Temporary Outdoor Entertainment Permit Application for Matteo's Cinco de Mayo event, contingent upon compliance with all provisions of the Zoning Code (Ch. 17) and Building Code (Ch. 14) and obtaining any zoning/building permits where applicable. ACTION BY COMMITTEE: Page 15 of 181 Page 16 of 181 Page 17 of 181 Page 18 of 181 BUSINESS OF THE VILLAGE BOARD MEETING DATE: March 16, 2026 PLACEMENT: Action Item ITEM TITLE: Producer Full-Service Retail Sales Application: Spirits of Norway Vineyard, LLC dba On Cloud Wine, LLC for Hops & Hounds event on July 10, 2026, at Homestead Hollow County Park (ACTION) SUBMITTED BY: Kasie Miller, Chief Deputy Clerk SUMMARY EXPLANATION: Effective May 1, 2024, 2023 Wisconsin Act 73 authorizes eligible producers (manufacturers, rectifiers, wineries, and breweries) to make full-service retail sales at their production premises and up to three off-site retail outlets. Spirits of Norway Vineway, LLC dba On Cloud Wine, LLC submitted to the Clerk's Office AB-105 Producer Full-Service Retail Sales Application and is requesting approval of Unlimited Transfer Full-Service Retail Outlet to sell wine at the Hops & Hounds event on July 10, 2026, from 4:00PM-7:30PM at Homestead Hollow County Park. The Village must fill out Part G of the application and return to the Applicant prior to the Applicant's submittal to the Wisconsin Department of Revenue's Division of Alcohol Beverages (DAB) for review/approval. For Part G, Question 1: we as the municipality are allowed to limit the scope of what the business sells (ex. if they sell beer, wine, and liquor, but we only want them to sell beer, we can limit their offerings.) For Part G, Question 2: we as the municipality can limit other activities, such as operating hours. The State DAB conducts the background checks on the applicant and verifies the business is allowed to hold the requested type of license prior to issuance. The Germantown Police and Fire Departments reviewed the application and recommended approval. Additionally, the State DAB has provided additional information/faq's to assist municipalities as this form is still relatively new: What is the difference between a fixed and unlimited transfer full-service retail outlet? Fixed full-service retail outlets may be transferred from one location to another once per year. Unlimited transfer full-service retail outlets may be transferred an unlimited number of times in a year. Only one of a producer’s full-service retail outlets may be transferred without limitation on frequency. Can a municipality limit authorized sales at a full-service retail outlet? Yes, a municipality can limit authorized sales at a full-service retail outlet. Municipalities may limit the scope of alcohol beverages offered for sale by the permittee. Municipal approval of a full-service retail outlet must be based on the same standards and criteria, established by ordinance, for the evaluation and approval of retail licenses. A municipality may not impose any requirement or restriction in connection with the approval that the municipality does not impose on retail licensees. Some examples of Page 19 of 181 limitations may be: parking, zoning, or noise ordinance restrictions; not allowing sales of alcohol beverages for off-premises consumption. Does a producer need licensed operators (bartenders)? Yes. There must be one or more licensed operators in charge of the premises. An operator's license is often called a "bartender's license." Not all bartenders must hold operator's licenses, but there must be at least one licensed operator in charge of the premises. If the premises is large, with several serving areas, bar areas, etc., licensed operators must oversee each distinct area to supervise and direct unlicensed persons who may be selling/serving alcohol beverages. ATTACHMENT: 1. Spirits of Norway Wine; Hops and Hounds Event 07.10.26_Redacted STAFF RECOMMENDATION: ACTION BY COMMITTEE: Page 20 of 181 Page 21 of 181 Page 22 of 181 Page 23 of 181 Page 24 of 181 Page 25 of 181 Page 26 of 181 Page 27 of 181 BUSINESS OF THE VILLAGE BOARD MEETING DATE: March 16, 2026 PLACEMENT: Action Item ITEM TITLE: Contract with Dan Larsen Landscaping for spring tree planting for an amount not to exceed $27,866.00. (ACTION) SUBMITTED BY: Scott Anderson, Superintendent SUMMARY EXPLANATION: Each year trees around the village are removed for various reasons which include vehicle damage, storm damage and disease. The village currently has an estimated 229 “vacant” planting sites as reflected on our GIS layer. Tree planting was reflected as part of the 2026 Highway Department capital budget in the amount of $30,000.00. While it would be cost prohibitive to replace every tree at one time, staff works to maintain the urban tree canopy by planting a portion of these vacant sites annually. The proposed planting will be completed in accordance with the Comprehensive Tree Plan, and as reflected in the approved 5-year planting maps. This seasonal planting will focus on the section outlined as “year-3”. Trees provide significant value to our community, but the most prevalent would be the aesthetic value that can be seen as you travel our roadways and walk in our parks. This year’s project will replace an estimated 90 trees in various areas around the village. The project areas may include main throughfares, around village buildings and in the park system. Again this year, replacement of trees within residential areas is also part of the project scope. Trees planted in residential areas, have been confirmed to be a previous planting site. Staff has solicited pricing from area contractors and the results are listed below. Dan Larsen Landscaping, Inc: $27,866.00 Property Solutions: $29,495.00 ESI LTD: $38,786.00 Johnson’s Nursery: $41,443.95 Century Landscape: $43,885.00 Wendland Nursery: $49,775.00 Your Personal Gardner, LLC: $95,500.00 ATTACHMENT: 1. g1 STAFF RECOMMENDATION: Staff recommends contracting with Dan Larsen Landscaping, Inc. to complete the 2026 spring tree planting project in an amount not to exceed $27,866.00. If approved, funds shall be allocated from the parks department capital account: 40562000-592100. Page 28 of 181 ACTION BY COMMITTEE: Proper parliamentary procedure to deny a request is to have a motion made in the affirmative and by voting NAY would deny the request if a majority vote. Page 29 of 181 Page 30 of 181 BUSINESS OF THE VILLAGE BOARD MEETING DATE: March 16, 2026 PLACEMENT: Action Item ITEM TITLE: Purchasing street lighting fixtures from Graybar for an amount not to exceed $112,226.58. (ACTION) SUBMITTED BY: Scott Anderson, Superintendent SUMMARY EXPLANATION: As part of the 2026 Highway Department capital budget, $114,000.00 was allocated to upgrade street lighting fixtures. The project will replace 134 “cobra” and 81 “shoebox” fixtures along many main throughfares. The project will greatly reduce staff time spent responding to outages due to recent lamp failures. Increased visibility would also be a safety improvement, especially at major intersections in the project areas. County Line Road, Appleton Avenue, Lannon Road, Pilgrim Road, River Lane and the Maple Road Industrial Park are some of the areas where the project will have the greatest impact. If approved, the street lighting fixtures will be supplied to the village through a local vendor, Graybar. Graybar has been coordinating this project on behalf village staff with the manufactures representative for both fixtures to be used in the project. The project coordination dates back to the start of the 2026 budget process. Because of this, the manufactures representative provides Graybar with a pricing discount over other potential supply vendors. While staff could solicit pricing from other supply houses, the cost per fixture will not be lower than the price obtained through Graybar. This is because of the manufacture representatives internal controls. Please see the pricing as outlined below. Graybar Electrical Supply: $112,226.58 ATTACHMENT: 1. 2001648906_OLSONAX2 STAFF RECOMMENDATION: Staff recommends purchasing the replacement street lighting fixtures from Graybar in an amount not to exceed $112,226.58 and to forward this request onto the Village Board with a positive recommendation. If approved, the funds shall be allocated from the Highway Department borrowed capital account: 40562000-594400. ACTION BY COMMITTEE: Proper parliamentary procedure to deny a request is to have a motion made in the affirmative and by voting NAY would deny the request if a majority vote. Page 31 of 181 Page 32 of 181 650 S 108TH ST WEST ALLIS WI 53214-1134 Phone: 414-607-7700 Fax: 414-778-1873 To: VILLAGE OF GERMANTOWN N122 W17177 FOND DU LAC GERMANTOWN WI 53022 Attn: Scott Anderson Phone: 262-250-4700 Email: ap@germantownwi.gov Fax: Date: 02/20/2026 Project Name: GB Quote #: 2001648906 Purchase Order Nbr: Release Nbr: Additional Ref#: Revision Nbr: Valid From: 02/20/2026 Valid To: 03/22/2026 Contact: Andrew Olson Email: andrew.olson@graybar.com Proposal We appreciate your request and take pleasure in responding as follows Item Quantity Supplier Catalog Nbr Description Price Unit Ext.Price 100 136 HOLOPHANE ATB0 P304 MVOLT R3 NR $410.39 1 $55,813.04 GB Part#:ATB0 P304 MVOLT R3 NR ***Item Note:*** * ESTIMATED LEAD TIME 35 BUSINESS DAYS AT TIME OF ORDER * NON- CANCELABLE * NON-RETURNABLE ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 200 82 COOPER LTG USSL-PA2B-74 0-U-T3-SA-BZ -U165762 $663.00 1 $54,366.00 GB Part#:USSL-PA2B-740-U-T3-SA-BZ -U165762 ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ 300 82 COOPER LTG USSL/DIS-FDV $24.97 1 $2,047.54 GB Part#:USSL/DIS-FDV ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Notes: This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/suppliers-files/E-J/Graybar/Contract_Documents/EV2370/EV2370_Graybar_MAD_2017_12_20.pdf Total in USD (Tax not included): $112,226.58 This equipment and associated installation charges may be financed for a low monthly payment through Graybar Financial Services (subject to credit approval). For more information call 1-800-241-7408 to speak with a leasing specialist. This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/suppliers-files/E-J/Graybar/Contract_Documents/EV2370/EV2370_Graybar_MAD_2017_12_20.pdf Page 1 of 2 Page 33 of 181 To: VILLAGE OF GERMANTOWN N122 W17177 FOND DU LAC GERMANTOWN WI 53022 Attn: Scott Anderson Date: 02/20/2026 Project Name: GB Quote #: 2001648906 Proposal We appreciate your request and take pleasure in responding as follows Item Quantity Supplier Catalog Nbr Description Price Unit Ext.Price Signed:__________________________________________ This Graybar quote is based on the terms of sale in the EV2370 Master Agreement which can be found by clicking the link found at https://www.omniapartners.com/suppliers-files/E-J/Graybar/Contract_Documents/EV2370/EV2370_Graybar_MAD_2017_12_20.pdf Page 2 of 2 Page 34 of 181 BUSINESS OF THE PUBLIC WORKS & HIGHWAYS COMMITTEE GERMANTOWN, WI MEETING DATE: March 4, 2026 AGENDA ITEM: New Business ITEM TITLE: Consultant Services to Review Permit Applications for Fiberoptic Telecommunications Installations and Inspections SUBMITTED BY: Kevin Driscoll – Village Engineer SUMMARY EXPLANATION: In previous Director’s Reports the topic of anticipated large scale Fiberoptic Telecommunications installations was identified. One applicant anticipates fiberoptic installation over two miles in the Lone Oaks and Meadow Creek Cross subdivisions. A second applica nt anticipates fiberoptic installation beginning with a five-mile ring along Pilgrim Road, Mequon Road and Division Road, then expects to build out and expand from that ring in the future over two years over 100 miles. Village staff historically have issued permits under the Village of Germantown Code of Ordinance “Section 8.06 - Street Excavations” for utility work in the right-of-way under with a fixed fee per permit application. That fee is typically $500 for street cut permit, and $150 for work outside of the roadway. In addition to 8.06, the Village of Germantown Code of Ordinance “Section 8.065 Regulation of Rights of Way” was established following the Telecommunications Act of 1996 to recover costs. It is anticipated that Village staff review and inspection time is anticipated to exceed the $500 fee per permit, where the amount collected in permit fees may not cover the amount time to review and inspect the proposed Fiberoptic Telecommunications work. In addition, that amount of time would pull staff away from Village Board approved public works projects. Village have requested proposals from consultant firms with experience in permit reviews and inspection services. Prior to incurring consultant fees, Village staff expect to enter into agreements to be signed by the respective utilities. These agreements with the respective fiberoptic utility applicants are intended for the Village to recover costs per 8.065. The following firms have submitted proposals: Firm Hours Amount Rate raSmith 833 $120,000 $144/hr Ruekert Mielke 1,070 $165,330 $154/hr Sigma 1,980 $249,600 $126/hr Clark Dietz 2,400 $360,000 $150/hr S.E.H. 3,087 $445,400 $144/hr The consultant range of services greatly varies due to the uncertainty and unknown range of services that will be required. R-M and Clark Dietz each have direct experience with similar Page 35 of 181 fiber optic installations being completed. Staff has contacted references and all references for both the consulting firm, Ruekert Mielke, and the consulting firm Clark Dietz had positive references. The proposals for these two firms with applicable experiences are attached. Staff requested the footages of the fiber optics their project experiences. Ruekert Mielke responded with 1,170 miles of project experience. Staff plans to provide additional information on Clark Dietz at the meeting. ATTACHMENT: ORDINANCE RESOLUTION OTHER _____ Proposals RECOMMENDATION: Staff requests a discussion with the Public Works and Highways Committee prior to making a recommendation to the Village Board for entering into a Consultant Contract to Complete Permit Reviews and Site Inspections as a pass through cost with the respective utility company, contingent upon Village Attorney review. COMMITTEE ACTION: A motion to support authorize staff and a vote “Aye” is in the affirmative to support the contract award. Page 36 of 181 1Clark Dietz: PSA Updated 01/26 PROFESSIONAL SERVICES AGREEMENT Telecommunications Permitting Assistance (“Project”) This Agreement is by and between Village of Germantown (“Client”) N112 W17001 Mequon Rd. Germantown, WI 53022 and Clark Dietz, Inc. (“Clark Dietz”) 759 N. Milwaukee St Suite 624 Milwaukee, WI 53202 Who agree as follows: Client hereby engages Clark Dietz to perform the services set forth in PART I – SERVICES BY CLARK DIETZ and Clark Dietz agrees to perform the Services for the compensation set forth in PART III - COMPENSATION. Clark Dietz shall be authorized to commence the Services upon execution of this Agreement and written or verbal authorization to proceed from Client. Client and Clark Dietz agree that this signature page, together with Parts I - IV and attachments referred to therein, constitute the entire Agreement between them relating to the Project. Agreed to by Client Agreed to by Clark Dietz By: By: Title: Title: Date: Date: Page 37 of 181 2Clark Dietz: PSA Updated 01/26 PART I SERVICES BY CLARK DIETZ A. Project Description Provide Consultant Administrative Permitting and Construction Inspection Services for Telecommunications Permitting per Ordinance Section 8.065. B. Scope Scope shall be as detailed in the attached Proposal dated February 27, 2026 and adjusted by the Client as necessary. C. Schedule Services are expected to begin Spring 2026 and continue up to 2 years or more, or as agreed upon between Client and Clark Dietz. D. Assumptions/Conditions This agreement is subject to the following assumptions/conditions: 1. Detailed scope of services will be as discussed with the Client as part of negotiations with the telecommunications company. 2. Fees are anticipated as shown in the attached Proposal dated February 27, 2026 and will be adjusted accordingly as necessary during negotiations with the Client and the telecommunications company. 3. This Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the location of the project. 4. Local permits for this project (street cuts, utility relocations, etc.) will be obtained by the Client with information provided by Clark Dietz. All permit fees will be paid by the Client. 5. State permits for this project will be obtained by the Client with information provided by Clark Dietz. All permit fees will be paid by the Client. The tasks below can be performed for an additional fee: 1. Preparation of right-of-way or temporary construction easement drawings, descriptions or negotiation/acquisition services; 2. Preparation of assessment roles or schedules; 3. Geotechnical investigations; 4. Processing of Federal permits 5. Contaminated site Phase I or Phase II environmental assessment investigations or remediation activities; 6. Cultural, historic, archaeological, or wetland assessment investigations or remediation activities; 7. Retrieval and procurement of records required pursuant to a Freedom of Information Act request. The list above is not all-inclusive. Page 38 of 181 3Clark Dietz: PSA Updated 01/26 Page 39 of 181 4Clark Dietz: PSA Updated 01/26 PART II CLIENT’S RESPONSIBILITIES Client shall, at its expense, do the following in a timely manner so as not to delay the Services: A. Information/Reports Provide Clark Dietz with reports, studies, site characterizations, regulatory decisions and similar information relating to the Services that Clark Dietz may rely upon without independent verification unless specifically identified as requiring such verification. B. Representative Designate a representative for the project who shall have the authority to transmit instructions, receive information, interpret and define Client’s requirements and make decisions with respect to the Services. The Client representative for this Agreement will be Kevin Driscoll, PE, Village Engineer. C. Decisions Provide all criteria and full information as to Client’s requirements for the Services and make timely decisions on matters relating to the Services. D. Other Page 40 of 181 5Clark Dietz: PSA Updated 01/26 PART III COMPENSATION A. Compensation 1. Compensation to Clark Dietz for services rendered by employees working on the Project in accordance with PART I - SERVICES BY CLARK DIETZ of this Agreement will be at the hourly billing rates shown in the attached Proposal dated February 27, 2026. The total compensation shall include the following: a. Payment for outside consulting and/or professional services performed by a subconsultant will be at actual invoice cost to Clark Dietz. Clark Dietz will obtain written Client approval before authorizing these services. b. Payment for expenses incurred directly on behalf of the Project at actual cost to Clark Dietz. Direct project expenses will be as defined in the attachment, “Schedule of Project Related Expenses”. B. Billing and Payment 2. Timing/Format a. Invoices shall be submitted monthly for Services completed at the time of billing. Invoices shall be considered past due if not paid within 45 calendar days of the date of the invoice. Such invoices shall be prepared in a form supported by documentation required by the Client. b. If payment in full is not received by Clark Dietz within 45 calendar days of the date of invoice, invoices shall bear interest at one-and-one-half (1.5) percent of the past due amount per month, which shall be calculated from the date of the invoice. c. If the Client fails to make payments within 45 calendar days of the date of invoice or otherwise is in breach of this Agreement, Clark Dietz may suspend performance of services upon seven (7) calendar days’ notice to the Client. Clark Dietz shall have no liability to the Client for any costs or damages as a result of suspension caused by any breach of this Agreement by the Client. Upon payment in full by the Client, Clark Dietz shall resume services under this Agreement, and the time schedule and compensation shall be equitably adjusted to compensate for the period of suspension plus any other reasonable time and expense necessary for Clark Dietz to resume performance. d. Client shall make payments to Clark Dietz using one of the following methods: 1) CLARK DIETZ LOCKBOX: Clark Dietz, Inc. 125 West Church Street Champaign, IL 61820 2) ELECTRONIC FUNDS/ACH PAYMENT: Account Name : Clark Dietz, Inc Bank Name: Hickory Point Bank and Trust Address: 225 N. Water St. City/State/Zip: Decatur, Il 62523 Account Number: 3911880 ABA Routing Number: 071124805 3) WIRE TRANSFER (*Wire fees are the responsibility of the sending party) Bank Name: Hickory Point Bank and Trust Address: 225 N. Water St. City/State/Zip: Decatur, Il 62523 ABA/Routing Number: 071124805 Account Title: Clark Dietz, Inc. Page 41 of 181 6Clark Dietz: PSA Updated 01/26 Account Address: 125 W. Church St. City/State/Zip: Champaign, IL 61820-3510 Account Number: 3911880 3. Billing Records Clark Dietz shall maintain accounting records of its costs in accordance with generally accepted accounting practices. Access to such records will be provided during normal business hours with reasonable notice during the term of this Agreement and for 3 years after completion. Page 42 of 181 7Clark Dietz: PSA Updated 01/26 PART IV STANDARD TERMS AND CONDITIONS 1. STANDARD OF CARE. Services shall be performed in accordance with the standard of professional practice ordinarily exercised by the applicable profession at the time and within the locality where the services are performed. No warranty or guarantee, express or implied is provided, including warranties or guarantees contained in any uniform commercial code. 2. CHANGE OF SCOPE. The Scope of Services set forth in this Agreement is based on facts known at the time of execution of this Agreement, including, if applicable, information supplied by Clark Dietz and Client. Clark Dietz will promptly notify Client of any perceived changes of scope in writing and the parties shall negotiate modifications to this Agreement. 3. DELAYS. If events beyond the control of Clark Dietz, including, but not limited to, fire, flood, explosion, riot, strike, war, process shutdown, act of God or the public enemy, and act or regulation of any government agency, result in delay to any schedule established in this Agreement, such schedule shall be extended for a period equal to the delay. In the event such delay increases the cost or time required for Clark Dietz to perform its services, Clark Dietz shall be entitled to an equitable adjustment in compensation and extension of time. 4. TERMINATION/SUSPENSION. Either party may terminate this Agreement upon 30 days written notice to the other party in the event of substantial failure by the other party to perform in accordance with its obligations under this Agreement through no fault of the terminating party. Client shall pay Clark Dietz for all Services, including expenses and profit relating thereto, rendered prior to termination, plus any expenses of termination. 5. REUSE OF INSTRUMENTS OF SERVICE. All reports, drawings, specifications, computer data, field data notes and other documents prepared by Clark Dietz as instruments of service shall remain the property of Clark Dietz. Clark Dietz shall retain all common law, statutory and other reserved rights, including the copyright thereto. Reuse of any instruments of service including electronic media, for any purpose other than that for which such documents or deliverables were originally prepared, or alteration of such documents or deliverables without written authorization or adaptation by Clark Dietz for the specific purpose intended, shall be at Client’s sole risk. 6. ELECTRONIC MEDIA. In accepting and utilizing any drawings, reports and data on any form of electronic media generated and furnished by Clark Dietz, the Client agrees that all such electronic files are instruments of service of Clark Dietz, who shall be deemed the author, and shall retain all common law, statutory law and other rights, without limitation, including copyrights. The Client agrees not to reuse these electronic files, in whole or in part, for any purpose other than for the Project. The Client agrees not to transfer these electronic files to others without the prior written consent of Clark Dietz. The Client further agrees that Clark Dietz shall have no responsibility or liability to Client or others for any changes made by anyone other than Clark Dietz or for any reuse of the electronic files without the prior written consent of Clark Dietz. Any changes to the electronic specifications by either the Client or Clark Dietz are subject to review and acceptance by the other party. If Clark Dietz is required to expend additional effort to incorporate changes to the electronic file specifications made by the Client, these efforts shall be compensated for as Additional Services. In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Clark Dietz, its officers, directors, employees and subconsultants (collectively, Clark Dietz) against all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, arising from any changes made by anyone other than Clark Dietz or from any use or reuse of the electronic files without the prior written consent of Clark Dietz. The Client is aware that differences may exist between the electronic files delivered and the printed hard-copy construction documents. In the event of a conflict between the signed construction documents prepared by Clark Dietz and electronic files, the signed or sealed hard- copy construction documents shall govern. 7. OPINIONS OF CONSTRUCTION COST. In providing estimates of probable construction cost, the Client understands that Clark Dietz has no control over the cost or availability of labor, equipment or materials, or over market conditions or the Contractor’s method of pricing, and that Clark Dietz’s estimates of probable construction costs are made on the basis of Clark Dietz’s professional judgment and experience. Clark Dietz makes no warranty, express or implied, that the bids or the negotiated cost of the Work will not vary from the estimate of probable construction cost. 8. SAFETY. Clark Dietz specifically disclaims any authority or responsibility for general job site safety and safety of persons other than Clark Dietz employees. 9. CONSTRUCTION OBSERVATION AND RELATIONSHIP WITH CONTRACTORS. Clark Dietz shall serve as Client’s professional representative for the services and may make recommendations to Client concerning actions relating to Client’s contractors. Clark Dietz will visit the site at intervals appropriate to the stage of construction, or as otherwise agreed to in writing by the Client and Clark Dietz, in order to observe the progress and quality of the Work completed by the Contractor. Such visits and observation are not intended to be an exhaustive check or an inspection of the Contractor’s work but rather are to allow Clark Dietz to determine, in general, if the Work is proceeding in accordance with the Contract Documents. Based on this general observation, Clark Dietz will keep the Client informed about the progress of the Work and shall advise the Client about observed deficiencies in the Work. Page 43 of 181 8Clark Dietz: PSA Updated 01/26 Clark Dietz will not supervise, direct or have control over the Contractor’s work nor have any responsibility for the construction means, methods, techniques, sequences or procedures selected by the Contractor nor for the Contractor’s safety precautions or programs in connection with the Work. These rights and responsibilities are solely those of the Contractor in accordance with the Contract Documents. Clark Dietz will not be responsible for any acts or omissions of the Contractor, any subcontractor, any entity performing any portions of the Work or any agents or employees of any of them. Clark Dietz does not guarantee the performance of the Contractor and shall not be responsible for the Contractor’s failure to perform its Work in accordance with the Contract Documents or any applicable laws, codes, rules or regulations. 10. THIRD PARTY CLAIMS. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or Clark Dietz. Clark Dietz’s services under this Agreement are being performed solely for the Client's benefit, and no other party or entity shall have any claim against Clark Dietz because of this Agreement or the performance or nonperformance of services hereunder. The Client and Clark Dietz agree to require a similar provision in all contracts with contractors, subcontractors, subconsultants, vendors and other entities involved in this Project to carry out the intent of this provision. 11. MODIFICATION. This Agreement, upon execution by both parties hereto, can be modified only by a written instrument signed by both parties. 12. PROPRIETARY INFORMATION. Information relating to the Project, unless in the public domain, shall be kept confidential by Clark Dietz and shall not be made available to third parties without written consent of Client, unless so required by court order. 13. INSURANCE. Clark Dietz will maintain insurance coverage for Professional, Comprehensive General, Automobile, Worker’s Compensation and Employer’s Liability in amounts in accordance with legal, and Clark Dietz business requirements. Certificates evidencing such coverage will be provided to Client upon request. For projects involving construction, Client agrees to require its construction contractor, if any, to include Clark Dietz as an additional insured on its commercial general liability policy relating to the Project, and such coverages shall be primary. 14. INDEMNITIES. Clark Dietz agrees, to the fullest extent permitted by law, to indemnify and hold harmless the Client, its officers, directors and employees against all damages, liabilities or costs, to the extent caused by Clark Dietz’ negligent performance of professional services under this Agreement and that of its subconsultants or anyone for whom Clark Dietz is legally liable. The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Clark Dietz, its officers, directors, employees and subconsultants against all damages, liabilities or costs, to the extent caused by the Client’s negligent acts in connection with the Project and that of its contractors, subcontractors or consultants or anyone for whom the Client is legally liable. Neither the Client nor Clark Dietz shall be obligated to indemnify the other party in any manner whatsoever for the other party’s own negligence. 15. LIMITATIONS OF LIABILITY. In recognition of the relative risks and benefits of the Project to both the Client and Clark Dietz, the risks have been allocated such that the Client agrees, to the fullest extent permitted by law, to limit the liability of Clark Dietz and their officers, directors, partners, employees, shareholders, owners and subconsultants for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert-witness fees and costs, so that the total aggregate liability of Clark Dietz and their officers, directors, partners, employees, shareholders, owners and subconsultants shall not exceed Clark Dietz’s total fee for services rendered on this Project, or $250,000 , whichever is greater. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising, unless otherwise prohibited by law. 16. CONSEQUENTIAL DAMAGES. Notwithstanding any other provision of this agreement, and to the fullest extent permitted by law, neither the Client nor Clark Dietz, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation and any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability, breach of contract and breach of strict or implied warranty. Both the Client and Clark Dietz shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. 17. ACCESS. Client shall provide Clark Dietz safe access to the project site necessary for the performance of the services. 18. ASSIGNMENT. The rights and obligations of this Agreement cannot be assigned by either party without written permission of the other party. This Agreement shall be binding upon and insure to the benefit of any permitted assigns. 19. HAZARDOUS MATERIALS. Clark Dietz and Clark Dietz’ consultants shall have no responsibility for discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. If required by law, the client shall accomplish all necessary inspections and testing to determine the type and extent, if any, of hazardous materials at the project site. Prior to the start of services, or at the earliest time such information is learned, it shall be the duty of the Client to advise Clark Dietz (in writing) of any known or suspected hazardous materials. Removal and proper disposal of all hazardous materials shall be the responsibility of the Client. Page 44 of 181 9Clark Dietz: PSA Updated 01/26 Both parties acknowledge that Clark Dietz’s scope of services does not include services related to the presence, identification, abatement or removal of any Hazardous Materials. In the event Clark Dietz or any other person or entity involved in the Project encounters any Hazardous Materials, or should it become known to Clark Dietz that any Hazardous Material may be present on or about the jobsite, Clark Dietz may, at its sole option and without liability for consequential or other damages, suspend performance of its services until the Client identifies, abates and removes the Hazardous Materials and indicates the jobsite is in full compliance with applicable laws and regulations. The Client agrees to the fullest extent permitted by law, to indemnify and hold harmless Clark Dietz, its officers, directors, employees, agents and subconsultants from and against any claims, suits, demands, liabilities, losses, damages or costs arising out of or in connection with the detection, presence, handling, removal, abatement, or disposal of any Hazardous Materials, except for the sole negligence or willful misconduct of Clark Dietz. 20. REMODELING AND RENOVATION. For Clark Dietz’ services provided to assist the Client in making changes to an existing facility, the Client shall furnish documentation and information upon which Clark Dietz may rely for its accuracy and completeness. Unless specifically authorized or confirmed in writing by the Client, Clark Dietz shall not be required to perform or have others perform destructive testing or to investigate concealed or unknown conditions. The Client shall indemnify and hold harmless Clark Dietz, Clark Dietz’ consultants, and their employees from and against claims, damages, losses and expenses which arise as a result of documentation and information furnished by the Client. 21. CLIENT’S CONSULTANTS. Contracts between the Client and other consultants retained by Client for the Project shall require the consultants to coordinate their drawings and other instruments of service with those of Clark Dietz and to advise Clark Dietz of any potential conflict. Clark Dietz shall have no responsibility for the components of the project designed by the Client’s consultants. 22. NO WAIVER. No waiver by either party of any default by the other party in the performance of any particular section of this Agreement shall invalidate another section of this Agreement or operate as a waiver of any future default, whether like or different in character. 23. SEVERABILITY. The various terms, provisions and covenants herein contained shall be deemed to be separate and severable, and the invalidity or unenforceability of any of them shall not affect or impair the validity or enforceability of the remainder. 24. STATUTE OF LIMITATION. To the fullest extent permitted by law, parties agree that, except for claims for indemnification, the time period for bringing claims under this Agreement shall expire one year after Project Completion. 25. DISPUTE RESOLUTION. In the event of a dispute arising out of or relating to this Agreement or the services to be rendered hereunder, Clark Dietz and the Client agree to attempt to resolve such disputes in the following manner: First, the parties agree to attempt to resolve such disputes through direct negotiations between the appropriate representatives of each party. Second, if such negotiations are not fully successful, the parties agree to attempt to resolve any remaining dispute by formal nonbinding mediation conducted in accordance with rules and procedures to be agreed upon by the parties. Page 45 of 181 STATEMENT OF QUALIFICATIONS Administrative & Construction Inspection Services for Telecommunications Permitting Germantown, WI February 27, 2026 Page 46 of 181 CONTENTS Cover Letter 3 Firm Background 4 Project Approach 6 Organizational Chart & Resumes 17 Relevant Projects 22 Page 47 of 181 759 North Milwaukee Street, Suite 624 / Milwaukee, WI 53202 / 414.727.4990 / clarkdietz.com Kevin R. Driscoll, P.E. Village Engineer N112 W17001 Mequon Rd. Germantown, WI 53022 engineering@germantownwi.gov Re: C onsultant Administrative Permitting Services and Construction Inspection Services for T elecommunications Permitting per Ordinance Section 8.065 C C: Matthew Mortwedt – Director of Public Works, Village of Germantown Dear Kevin: Clark Dietz has significant recent experience dealing with broadband fiber installation across Southern Wisconsin and Northern Illinois. In fact, we have most recently developed a process for permit reviews and construction observations within this broad service area with a vetted solution and tracking database to achieve the most efficient result. Enclosed you’ll find details on our approach, considerations, and qualifications of our staff and firm to better explain the following pillars of our capabilities. • Permit submittal expectations for streamlined workflow. Our unique approach consists of upfront development with the permittee regarding plan submittals, insurance requirements, public outreach expectations, performance bond requirements, and restoration specifications. • Fully customized project tracking. Our exceptional GIS capabilities allow us to provide an accessible dashboard, fully customized to the needs of the Village, for tracking this widespread and complex undertaking. Graphical visualization of each project area by stage (plan review, layout verification, installation, restoration and completion) is foundational for improved communication and information sharing. • Understanding of the importance of protecting Germantown’s infrastructure for the future. Not only is the existing underground infrastructure critical, but the community perception and disruption must be managed during widespread impacts. Setting clear expectations upfront is crucial to controlling the speed of installation and thus minimizing Village resources. A project of this size can be a major undertaking, and Clark Dietz proposes to act as a partner in achieving long-term success. Having worked with many communities on this type of project, we know what to prepare for: drain on local resources, risk of field conflicts with existing infrastructure, appropriate installation depths to prevent future disruption after the project is complete, frequent resident communication, and necessary assurances regarding restoration. We look forward to your consideration and please contact me with any additional information or discussion. Sincerely, Emily K. Basalla, PE, CFM Project Manager Senior Vice President/Regional Director emily.basalla@clarkdietz.com February 27 , 2026 Mustafa Emir, PhD, PE Client Liaison Executive Vice President mustafa.emir@clarkdietz.com Page 48 of 181 Village of Germantown / Telecommunications Inspection Services / 4 ILLINOIS / INDIANA / KENTUCKY / MICHIGAN / WISCONSIN / clarkdietz.com OUR HISTORY Our roots go back to the 1940’s to three University of Illinois Engineering professors; James Clark, Eugene Daily, and Jess Dietz. These three formalized their association by incorporating in 1953. By the late 1970s Clark Dietz was a recognized leader among Midwest-based civil engineering companies serving clients from seven regional offices. The original owners sold the firm and it was ultimately owned by CRS Sirrine, one of the nation’s largest engineering and architectural firms. Through an employee buy-out of the Champaign office and the name, Clark Dietz again became a privately held corporation in 1987 . Employee ownership has been a key factor in the success of the firm, with approximately 30 percent of current employees now owning stock in the company and all employees participating through an ESOP. Today Clark Dietz employs more than 195 professionals in 13 offices. OUR LOCATIONS ABOUT US Clark Dietz, Inc. is a multi-disciplined consulting engineering firm operating from offices in Illinois, Indiana, Kentucky, Michigan, and Wisconsin. Our primary areas of service include civil and environmental infrastructure, transportation, structural, mechanical, and electrical engineering. OUR PHILOSOPHY As experienced consultants, we serve as trusted advisors to our clients. As partners, we become fully vested in achieving their goals. We believe in serving our clients to our utmost capacity, period. We operate with integrity, foster collaboration, and expect excellence in all we do. For more than 70 years we have built a reputation for the integrity of our work, our actions, and our results. With an unwavering commitment to our clients, we stand behind everything we do. BELONGING & OPPORTUNITY At Clark Dietz, we believe that the strength of our firm lies in the diverse perspectives, experiences, and talents of our people. As an employee-owned company, we succeed together by cultivating a workplace where every individual feels valued, empowered, and motivated to contribute their best. We are committed to creating an environment where team members can show up authentically and thrive—personally and professionally. Our focus is on fostering engagement, belonging, and collaboration, ensuring that everyone has a fair opportunity to grow and contribute to our shared success. Through partnerships with universities across the Midwest, we are also investing in the next generation of engineering talent by offering scholarships and experiential learning opportunities to students with strong potential and drive. We believe that when people belong, they excel—and when they excel, we all benefit. SUSTAINABILITY Nature’s most precious assets need our protection and we take this responsibility seriously. Our specialists in environmental science, green infrastructure, and our LEED Accredited professionals thoroughly assess the impact a design may have on energy consumption, waterways, habitat, vegetation, and water quality. At Clark Dietz, we are fully committed to optimizing the benefits of sustainability in every solution we design. Page 49 of 181 Village of Germantown / Telecommunications Inspection Services / 5 WATER, WASTEWATER, STORMWATER Supply, Distribution, Storage System Modeling and Studies Facility and Master Plans Treatment Processes System Renewal and Rehabilitation Sanitary Sewer Collection Systems CSOs and SSOs I/I Evaluation and Characterization Geospatial Asset Management TRANSPORTATION Public Involvement Streetscaping and Lighting Traffic Engineering Roadways and Highways Multi-Modal Transportation Intersection Design Urban Drainage Structural Engineering CONSTRUCTION Resident Engineering Observation Services Construction Layout Documentation Cost and Schedule Control MECHANICAL AND ELECTRICAL Heating, Ventilation, Air Conditioning Chiller and Boiler Plants Facility Piping Systems Power Distribution Systems Energy Modeling Building, Site, Roadway Lighting Plumbing and Fire Protection SCADA, Automation, Controls Security and Telecom ARC Flash Hazard Analysis MUNICIPAL SERVICES Municipal Engineering Development Reviews Roadway Maintenance Storm, Sewer, Water Main Maintenance Regulatory Compliance and Reports Grant Funding Assistance Capital Planning Land Acquisition RENEWABLE ENERGY Feasibility Assessments Conceptual Design Civil/Electrical/Structural Analysis Our work is driven by purpose. To have a positive impact on people, the natural environment, and the economic well-being of our client communities. We are engineering more than infrastructure, we are engineering quality of life. Our mission is to collaborate with clients to create infrastructure and built environments that improve the quality of life. ENGINEERING SERVICES CIVIL/STRUCTURAL WATER RESOURCES TRANSPORTATION TRAFFIC MECHANICAL ELECTRICAL CONSTRUCTION Page 50 of 181 Village of Germantown / Telecommunications Inspection Services / 6 Fiber Programs Are Expanding... And Clark Dietz Is Already There. Clark Dietz is currently under contract for fiber installation program management and inspection services in multiple municipalities, giving our team real-time, boots-on-the-ground experience with the exact challenges Germantown is preparing to face: multi-permit phasing, neighborhood coordination, juggling multiple providers at once, restoration enforcement, and public communication. Clark Dietz understands the importance of delivering high-speed fiber infrastructure to the residents of Germantown in a manner that is efficient, well-coordinated, and minimally disruptive. We are currently supporting North Shore communities as well as several municipalities in Northern Illinois as telecommunications providers advance of similar installations. Based on this experience, we have developed a repeatable and scalable process for managing community-wide fiber projects that aligns closely with municipal preferences and operational needs. Our approach emphasizes clear expectations, proactive coordination, transparent tracking, and consistent public communication to ensure a successful outcome for all stakeholders. TASK 1 – PROJECT ADMINISTRATION Pre-construction coordination is critical to the success of a village-wide fiber installation program. The following activities establish a clear baseline for execution and communication. Each task can be adjusted to align with Village preferences; however, Clark Dietz strongly recommends addressing expectations upfront to minimize field conflicts and schedule impacts. 1.1 MEETINGS KICK-OFF MEETING Kick-Off Meeting (Village and Clark Dietz) Establish project expectations prior to commencement. Based on our experience reviewing right-of-way permits for community-wide fiber installations, clear guidelines are essential to maintaining schedule and avoiding surprises. Topics may include: • Submittal procedures • Restoration standards • Inspection and tracking processes • Roles, responsibilities, and communication protocols REGULAR PROGRESS MEETINGS Clark Dietz will lead weekly meetings and prepare agendas and minutes. These meetings will continue at a weekly basis until they can be transitioned to less frequent meetings with mutual consent of the Village and Clark Dietz staff. Topics may include, depending on the timeline of activities: • Schedule updates • Resident issues and resolutions • RFIs and response timelines • Coordination with Village departments • Status of notifications • Dashboard feedback • Process adjustments • Customization or troubleshooting • Overall schedule and progress • Dashboard feedback • Process adjustments • Customization or troubleshooting • Overall schedule and progress • Monthly invoicing by permit area and stage PROJECT APPROACH Page 51 of 181 Village of Germantown / Telecommunications Inspection Services / 7 PRE-CONSTRUCTION MEETING A formal MANDATORY pre-construction meeting with the Contractor will be conducted prior to any field work. At a minimum, the meeting will address: • Utility potholing requirements (hydro-excavation recommended) • Verification of permits outside the public right-of-way • Restoration standards, timelines, and procedures • Notification protocols for field work initiation • Use of centralized email and dashboard updates for stage tracking • Meeting minutes will be prepared and distributed TRACK RESIDENT FEEDBACK, COMPLAINTS, AND PROJECT PROGRESS Clark Dietz will work with the Village’s existing GIS tracking systems, including Survey123, and enhance functionality as needed to manage feedback tracking, project documentation, and status. Village staff will have direct access to view records and submit comments or tasks. Dashboard elements may include: • Permit number with geographic project location • Resident complaints and resolutions (linked spatially) • Stage-based tracking, color-coded for clarity: ○ Plan Review ○ Initial Centerline Layout Inspection ○ Construction ○ Restoration Inspection ○ Reinspection / Spot Inspection ○ Punch List ○ Final Approval ○ Field records summarized by permit area ADJUST SUBMITTAL PROCESS WHEN NEEDED Setting expectations with the permittee/contractor prior to commencement of the project is integral to its success. In our prior experience reviewing right-of- way permits for community-wide fiber installation projects, guidelines are the best way to keep the project on schedule while minimizing surprises. Clark Dietz will be open to discussions with the Village and the permit applicants to fine tune intake and submittal requirements as the project progresses. Task 2 describes an initial list of submittal requirement – however, these conditions may be adjusted to the needs to the Village and the expectations of the residents in living with the disruption of fiber installation. There may also be additional changes needed to accommodate constraint on the contractor and permit applicant. Overall, Clark Dietz will come to the table with an open mind but hold firm in enforcing the letter and the intent of Ordinance 8.065. TROUBLESHOOT ISSUES WITH PERMIT APPLICATIONS In our experience, many permit submittals will be incomplete and some will ignore the established requirements. Clark Dietz is fully prepared to handle these issues and work with applicants to remedy the inconsistencies and incompleteness of submittals. PROJECT APPROACH WHAT SETS OUR APPROACH APART: • Dedicated, experienced staffing • GIS-driven inspection and documentation • Municipal-first mindset: we act on behalf of the Village, not telecomm providers, with a focus on resident needs, locator availability, and speed/schedule of installation. • Proven resident-facing coordination • Approach built from scratch: lessons learned, already applied Page 52 of 181 Village of Germantown / Telecommunications Inspection Services / 8 We have some lessons learned on this matter – such as recognition of ‘systemic’ submittal deficiencies that must be addressed before we are too far into the project. An example of this type of deficiency is the use of the wrong scale, consistently not including necessary items on plans, or consistently not using the appropriate clearance or set back distances etc. In our view, one of the most significant consequences of permit application issues will be the additional review costs that will be incurred by the applicant. In almost every case, the applicant will be completely “surprised” by these additional costs incurred and will demand immediate explanations. The explanations are not difficult, but the financial consequences might be. We are prepared for such inquiry: we will work with the Village in setting up the appropriate amount of escrow or other financial tool to cover these somewhat expected overruns, in the event that they come to reality. UPDATES ON RESPONSES TO COMPLAINTS The tracking dashboard is proposed as a great tool for the maintenance of issue resolution documentation and updates on complaint resolution. Clark Dietz proposes to implement a resident notification system that seeks to prevent most complaints. Stakeholder communication is essential to minimizing disruption and maintaining public confidence. Clark Dietz recommends the following outreach milestones: • Initial Village-wide Mailer ○ Distributed during plan review; includes QR code linking to the Village’s GIS. • Door Hangers by Permit Area ○ Distributed at least 7 days prior to construction, including: ○ Schedule ○ Contractor and contact information ○ FAQs 1.2 SUMM ARY OF SUBMITTALS/STAGES OF WORK Clark Dietz is proposing to leverage and enhance the Village’s existing GIS tools, including Survey123, for project tracking purposes. We have used dashboard concepts on many occasions and have found that it helps in tracking resident and project participant inquiries enables the team to respond to and track resident inquiries during construction. 1.3 SE T UP CALL LINE DEDICATED PHONE NUMBER Clark Dietz will create the toolset to track Emergency Contact and Communications. • Establish a 24-hour emergency response contact for resident inquiries • Develop a centralized email inbox linked to the GIS dashboard to ensure all correspondence is logged and traceable FAQ Clark Dietz will prepare a FAQ document that will be continuously maintained and updated as the project progresses. The FAQ document will be widely distributed and addressed to Village officials as well as residents. PROJECT APPROACH As fiber projects accelerate across the region, Clark Dietz is focused on this specialized municipal infrastructure—bringing accountability, structure, and confidence to a type of project that must be managed with a community’s needs in mind, while maintaining a positive relationship with fiber installers. Page 53 of 181 Village of Germantown / Telecommunications Inspection Services / 9 TRACK RESIDENT COMPLAINTS Ongoing Complaint Tracking will leverage the Village’s GIS tools, including Survey123 and associated tracking dashboards, as enhanced for this project. • Field concerns logged and resolved through the dashboard • Information provided to Village staff for GIS updates, including: ○ Project timeline and purpose ○ Updated schedules ○ FAQs ○ Contact information 1.4 P ERMIT CLOSEOUT/REPORTS/RECORDS PUNCH LIST • Maintain a preliminary punch list during construction within the dashboard • Coordinate formal punch list walkthroughs with Village staff for each permit area • Coordinate punch list completion with the Contractor within 20 working days FINAL WALKTHROUGH AND RECORD DRAWINGS • Conduct final inspections with Village staff • Update dashboard status to Final Approval • Review Contractor-submitted record drawings (hardcopy and GIS formats) • Cross-check as-builts against field-collected survey data TASK 2 – REVIEW PERMITS / INSPECTIONS PER 8.065 2.1 R EVIEW OVERALL NETWORK PLAN APPROVAL OF OVERALL PLAN We strongly recommend that the applicants be required to submit an OVERALL WORKPLAN. Review and approve the overall network vision, including the hub location, prior to individual permit submittals. The review and approval of an overall vision of the network will help address anticipated conflicts with alignment, including the hub (starting point) prior to individual submittals. The overall plan review will accomplish the early identification of: • Alignment conflicts • Non-public right-of-way segments • Environmental or jurisdictional constraints ensures compliance with local requirements and minimizes redesign. COORDINATE REVIEWS WITH VILLAGE STAFF Conduct an initial review of fiber plans prior to the formal pre-construction meeting. Fiber plan detail varies significantly, and early alignment on expectations reduces downstream conflicts. • Conduct a pre-application meeting with the applicants • Provide formal guidance on plan content, level of detail, and conditions PROJECT APPROACH Page 54 of 181 Village of Germantown / Telecommunications Inspection Services / 10 PERMIT APPLICATION WORKFLOW AND GUIDELINES The following items are recommended before submittals begin. These can be adjusted based on the preferences of the Village, but it’s important to address each item early on with all stakeholders. For example, a reasonable submittal framework for the applicant could have the following set of requirements and expectations: • Each submittal to consist of approximately 1 mile of fiber installation (8-10 pages, no more than 1”=60’ scale half size, depending on congestion of the corridor). Anything deviating from this will warrant additional review times and fees. • Establish escrow amount for collection of fees prior to review/inspection. This allows the Village to reduce even temporary expenditures of their taxpayer funds. • Set expectations for the location of any structures (handholes), and requirements for the fiber network alignment (outside of pavement, rear yards, clearance from other utilities, etc.). • Require hydro-excavation for any potholing necessary within Village right-of- way and notification to residents • Determine a process for installation in rear yards and verification of existing easements (if applicable). • Finalize process for review, request for inspections, and final approval (for locations in Village right-of-way and on private property). 2.2 R EVIEW INDIVIDUAL WORK PLANS COORDINATE PERMIT TRACKING Tracking individual permits will be done through an online system built upon and integrated with the Village’s existing GIS tools (including Survey123), with enhancements added as necessary. The system leverages an automatic notification process for each request by sending an email to Clark Dietz and the Village. This process of direct input by the permittee/contractor to request each of the 4 Stages of the project (Plan Review, Initial Centerline (CL) Inspection, Final Inspection, or Reinspection) would allow better clarity and organization and improve efficiency of communication. This Task will help to minimize the shuffling of paperwork, scanning documents, and inconsistencies during submittal intake. • There is a potential to create additional functionality in addition to the Village’s current GIS tools. PROJECT APPROACH Proven, Repeatable Municipal Fiber Program Mode: Clark Dietz is not developing this process from scratch. We are currently supporting multiple North Shore and Northern Illinois communities through similar scale fiber installations. Our approach is refined, field-tested, and scalable— reducing learning curves, preventing common pitfalls, and accelerating program startup for Germantown. Page 55 of 181 Village of Germantown / Telecommunications Inspection Services / 11 REVIEW EACH SUBMITTAL FOR 8.065 COMPLIANCE In order to clearly demonstrate compliance with Section 8.065, Clark Dietz will create a form that mimics the contents of that section for use by the applicants. In our experience, having a stand-alone document that contains all of the requirements of the ordinance is a great resource, both for the review agent and the applicant. In the past, we have transformed stormwater ordinances into a stormwater management plan approval application, the erosion control ordinance into an erosion control permit application, etc. The ordinance in fact refers to an application form, which may be available already. The ordinance also refers to the “required attachments,” in other words, many of the items we would expect to use are already in place, though may also need some tweaks and updates to clarify the intent of the Village. The application form will essentially “bridge” the ordinance requirements with the engineering review, and thereby offer a comprehensive tool that satisfies the intent of the ordinance and the practicalities of construction. Here’s the excerpt from the ordinance regarding permit applications: EXCAVATION PERMIT APPLICATION. Application for a permit shall be made to the Department. Permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: 1) Registration with the Department if required by this chapter; 2) Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all existing and proposed facilities; 3) Payment of all money due to the Village for: a. Applicable permit fees and costs as set forth below; b. Subject to section e., unpaid fees or costs due for prior excavations; or c. Subject to section e., any loss, damage, or expense suffered by the Village because of applicant’s prior excavations of the rights-of-way or any emergency actions taken by the Village. d. When an excavation permit is requested for purposes of installing additional facilities, and the posting of a restoration bond for the additional facilities is insufficient, the posting of an additional or larger restoration bond for the additional facilities may be required. e. The Department shall not deny a registrant an excavation permit because of a dispute between the Village and the registrant, related to subsections b. and/or c. if the dispute has been adjudicated in favor of the registrant or if the dispute is the subject of an appeal filed by the registrant and no decision in the matter has at yet been rendered. PROJECT APPROACH Unlike traditional spreadsheet-based tracking, we’ll use the Village’s GIS tools to provide spatial permit tracking, stage-based color coding, resident complaint linkage, photo documentation, and a full “who-what- when” accountability chain. This creates transparency for Village staff, improves response time, and provides defensible documentation aligned with Section 8.065 requirements. This is real-time accountability, not just a permit-log. Page 56 of 181 Village of Germantown / Telecommunications Inspection Services / 12 UNDERSTAND SCOPE OF WORK FOR EACH SUBMITTAL Part of the requirement of an overall plan is to understand where in the network at any given permit application fits – in other words, our understanding and access of the overall plan helps in positioning any given permit application within the overall network. And understanding the position of a permit application within the network gives us and the Village and understanding of the constraints that the segment may create or solve as part of the overall network. For example, a less-than-optimal location of a hub (or ring) may affect connecting network links to the hub to potential space or alignment constraints. At Clark Dietz, we have developed an understanding of fitting each component of a network in the overall system and predict potential pitfalls. SET LOCATION AND ALIGNMENT EXPECTATIONS Clark Dietz will assist the Village in establishing clear program-wide guidelines, including: • Submittal Criteria ○ Maximum plan scale requirements ○ Identification of all existing utilities ○ Recommendation that all permit areas be submitted concurrently, when feasible, to avoid connectivity conflicts • GIS Data Requirements ○ Require submittal of proposed fiber linework in GIS format ○ Integrate approved alignments into the project dashboard to support inspections and coordination • Aboveground Infrastructure Standards ○ Locations and placement requirements ○ Clearance from existing utilities • Fiber Conduit Depth ○ Preferred depth: 24–36 inches ○ Balance shallow installation (utility avoidance) with long-term Village maintenance needs (e.g., sidewalks) • Agency Coordination ○ Address permit requirements with WisDOT, Washington County DOT, WDNR, and other agencies as applicable • Escrow Consideration ○ Assistance in establishing an escrow account for review and inspection fees to reduce any use of Village funds COORDINATE INSTALLS/EXCAVATIONS IN PUBLIC ROW Clark Dietz will require that the contractor/applicant perform hydro-excavation for any potholing necessary within Village right-of-way and notification to residents. This will greatly reduce disturbance to both the public realm and affected private properties. PROJECT APPROACH Clark Dietz transforms ordinance language into functional application tools and review checklists that help applicants achieve compliance the first time. By creating structured intake forms and clear submittal standards, we reduce rework, minimize disputes over fees, and protect Village resources. Page 57 of 181 Village of Germantown / Telecommunications Inspection Services / 13 COORDINATE INSTALLS/EXCAVATIONS OUTSIDE OF PUBLIC ROW Outside of the public ROW, Clark Dietz believes that the installations in private property are tightly defined and prescribed by the applicant. We will require that the contractor determine and present for approval a process for installation on private property and verification of existing easements. FINAL APPROVALS AND INSPECTION NEEDS Before the permit intake process is started, Clark Dietz will work with Village staff to create a clear submittal requirements document for the applicants. The workflow we envision as a deliverable for this work is as follows: • Stage 1: Plans and application are submitted for review: ○ Enter/confirm plan location, documents, and application into the GIS database ○ Verify presence of existing easement (rear yard installation) ○ Draw schematic location of centerline alignment (based on plan) ○ Notify contractor of comments/revisions or approval of plan • Stage 2: Centerline alignment is staked in the field and utilities located: ○ Conduct preliminary field inspection to ensure location matches approved plans ○ Track photos, comments, and create a field report in the GIS database ○ Notify contractor of comments/revisions or approval of centerline • Stage 3: Installation and restoration is complete: ○ Conduct final field inspection ○ Track photos, comments, and create a field report in the GIS database ○ Notify contractor of comments/punchlist items or final approval • Stage 4: Re-Inspections requested by Village or necessary for follow-up of comments: ○ Conduct additional field inspection ○ Track photos, comments, and create a field report in the GIS database ○ Determine next steps (if any) or resolution and notify contractor and Village ARCGIS SURVEY 123 UPDATES We will work with the Village to leverage its Survey 123 system to keep track of the project. • Each time the permit application moves through the intake-review- comment-approval-construction-verification workflow, the Online dashboard is updated, and accountability chain is recorded. • Each time a complaint is filed, and response-action-resolution workflow is implemented, the Online Dashboard is updated, and accountability chain is recorded. Our GIS Specialist will be available for troubleshooting and modifications as necessary during ongoing maintenance of the dashboard and corresponding database throughout the life of the project. Note: “accountability chain” refers to the recording of “who, what, when” for responses to permit movements or complaint resolution. PROJECT APPROACH Page 58 of 181 Village of Germantown / Telecommunications Inspection Services / 14 TRACK SUBMITTALS, REVIEWS, INSTALLS, INSPECTIONS We will use the Village’s GIS tools to track the fiber installation. Our specialists may offer enhancements for existing tools to elevate the functionality of existing tools. This is a completely customized setup to fit the needs of the Village, including custom summaries, ability to submit feedback and detailed daily activities. Permit applications and status tracking will be accomplished through an enhanced version of the Villages Survey 123 tool described above. The dashboard will offer Stage-based tracking, color-coded for clarity: • Permit number with geographic “project” location established for each submittal • Tracking of Stage (color coded for easy visual navigation) with database information captured for each stage: ○ Stage 1: Plan Review ▪ Reviewer ▪ Comments/Next Steps ▪ Approval Date ○ Stage 2: Init ial CL Inspection ▪ Inspector ▪ Photos ▪ Comments/Next Steps ▪ Approval Date ○ Stage 3: Final Inspection ▪ Inspector ▪ Photos ▪ Comments/Next Steps ▪ Approval Date ○ Stage 4: R einspection/Spot Inspection (as needed or requested) ▪ Inspector ▪ Photos ▪ Comments/Next Steps ▪ Final Approval Date • Resident complaints and resolutions (linked to permit number location) • Summary section of # of submittals in each Stage and linear footage 2.3 W EEKLY REPORTS The proposed Project dashboard will have the capability to produce weekly (or any other frequency) reports for distribution. The distribution may be internal project participants or to a wider audience as directed by the Village staff. PROJECT APPROACH Proactive Resident Communication: Fiber installation is highly visible and disruptive. Our layered communication strategy—Village- wide mailers, door hangers, 24-hour call line, centralized email logging, and live dashboard tracking—prevents most complaints before they occur and provides defensible documentation when issues arise. This protects public trust while minimizing staff time spent responding to escalations. Page 59 of 181 Village of Germantown / Telecommunications Inspection Services / 15 TASK 3 – INSPECTION SERVICES The Construction phase services consist of the following main elements: • Pre-construction photos and video • Daily field reports integrated into ArcGIS Online, including: • Work activities • Field notes • GIS-based photos and survey shots • Resident outreach and resolutions 3.1 CENTERLINE LA YOUT VERIFICATION • Require Contractor to stake or paint the proposed centerline prior to construction • Clark Dietz will verify alignment against approved plans and confirm JULIE locates • Recommend a pre-application meeting with JULIE due to current locate delays 3.2 INSTALLAT ION AND RESTORATION VERIFICATION • Conduct final field inspection • Track photos, comments, and create a field report in the GIS database • Notify contractor of comments/punchlist items or final approval 3.3 RE-INSPECTIONS IF NEEDED OR REQUIRED Re-Inspections requested by Village or necessary for follow-up of comments: • Conduct additional field inspection • Track photos, comments, and create a field report in the GIS database • Determine next steps (if any) or resolution and notify contractor and Village PROFESSIONAL FEES AND INVOICE DETAILS As you know, the devil in computing the fee is in the details. For this purpose, we are assuming that the limits and rules set for permit applications and submittals will roughly follow the example given in the above referenced PERMIT APPLICATION WORKFLOW AND GUIDELINES. Under this scenario, we would expect to receive and process about 100 permit applications (each for about a mile of installation). Task 1: Project Administration (2 yrs) 400 hours $80,000 Task 2: Track and Review 100 Permits (1 Review Per Permit) 1,000 hours $140,000 Task 3: Inspection Services (2 Field Visits Per Permit) 1,000 hours $140,000 TOTAL: 2,400 hours $360,000 For a 100-mile fiber installation, br oken into 100 separate submittals, the above fee structure can be presented as: • 2 0 hours of review and inspections per 1 mile submittal. • $2,800 in professional fees for review and inspections per 1 mile submittal. • We are anticipating that the hours and fee breakdown between review and inspection will be 50-50. • The above numbers do not include potential additional expenses for re-inspections, violations of permit conditions, or submittals that require additional revisions due to incomplete materials etc. Once an o verall plan is discussed and approved, submittal limitations and process are established, work will be conducted with a mix of the staff below, as necessary. Assigned Staff and Rates Project Manager Emily Basalla $255/hr GIS Specialist Devin Car lson $175/hr Reviews Andy Ashley $180/hr Tania Tkatchuk $140/hr Inspections Steve Wlaho vich $180/hr Tania Tkatchuk $140/hr Jake Westall $135/hr Monthly invoices to the Village will be formatted exactly in the three categories listed above and will include permit number and location. PROJECT APPROACH Page 60 of 181 Village of Germantown / Telecommunications Inspection Services / 16 Inspections Using Field Maps Clark Dietz recognizes GIS as an integral and rapidly evolving technology. Our team is committed to leveraging its potential to enhance our services. Guided by our values of flexibility, community, and trust, we design solutions that combine process improvement principles with geospatial technology. We balance infrastructure needs with economic pressures, ensuring that our solutions are not only effective, but also aligned to the unique needs of our clients and the communities we serve. In the ever-evolving landscape of Construction Management, our team recognized a growing challenge: traditional inspection processes were often time-consuming, prone to errors, and lacked the ability to capture real-time data. To address these issues, we developed a GIS-based Construction Inspection Solution that streamlines inspection workflows and project management. Our Construction Inspection Solution was developed with the needs of Field Inspectors, Project Managers, and our Clients in mind. Central to this solution is our ArcGIS based inspection app, which empowers inspectors to collect data and project photos directly from the field using mobile devices. This data is instantly uploaded to a cloud-based, centralized database, eliminating the need for cumbersome paper forms and reducing the risk of errors. While GIS platforms are not new to the Engineering industry, Clark Dietz has developed a way to give up-to-date information to our Clients in real time. Our construction site observers enter the data into their smartphone or tablet, and the customized dashboard populates for both the project/ construction manager and client to access. This information includes: • Resident contacts (time of call, name, address, inquiry, date of resolution, and needed follow-up); • Field data input information (similar to field book with weather, conditions, challenges, and workings of the day); • Quantity tracking (both preliminary and final at the end of the field day); • Project photos (including geolocated location and direction of each photo); • Reporting options, such as weekly progress reports. Our GIS solution can be fully customizable to the needs and desires of the Client. Additionally, once this information is housed in the GIS, cloud-based database, certain information can be posted for the public to see as well such as phase maps for a project, anticipated start of construction, updates, contact information, and so much more. PROJECT APPROACH GIS EXPERIENCE & SOLUTIONS Why GIS Fiber installation infrastructure projects require tracking information on a parcel-by-parcel basis. With GIS, data tracking includes quantities, photos, and resident inquiries, and engineering coordination. Managing this complexity with GIS allows for clear communication among the Village, contractor, consultant, and public, now and into the future. How We Use It Our GIS-integrated inspection system enables real-time field data collection, parcel- based documentation, custom dashboards for staff updates, and streamlined reporting and regulatory compliance. Field-Ready Tools We tailor GIS solutions for construction inspection, utility asset management, and communication, using mobile tools designed with inspectors, engineers, and municipal staff in mind. The Result A structured, location-based platform that supports accurate documentation, improved public transparency, faster project delivery, and smarter infrastructure decisions. Explore More Scan the QR code to explore our GIS StoryMap. Page 61 of 181 Village of Germantown / Telecommunications Inspection Services / 17 TEAM ORGANIZATION* GIS SPECIALIST Program Manager/ GIS Specialist Devin Carlson, GISP KENOSHA OFFICE PROJECT MANAGER Emily Basalla, PE, CFM MILWAUKEE OFFICE CLIENT LIAISON Mustafa Emir, PhD, PE MILWAUKEE OFFICE INSPECTION PLAN REVIEW Plan Reviewer Andy Ashley, PE MILWAUKEE OFFICE Plan Reviewer/ Field Observer Tania Tkatchuk, EIT MILWAUKEE OFFICE Construction Oversight Steve Wlahovich MILWAUKEE OFFICE Field Observer Jake Westall MILWAUKEE OFFICE *OUR MILWAUKEE OFFICE IS LESS THAN 20 MILES FROM GERMANTOWN Page 62 of 181 Village of Germantown / Telecommunications Inspection Services / 18 EXPERIENCE 22 Years EDUCATION BS, Civil Engineering, Univ. of Missouri Columbia REGISTRATIONS PE, WI, E-41026 PE, MI, 6201313671 PE, IN, 12100316 ASFPMCFM, MST, US-17- 09577 PE, IL, 062.061744 ADDITIONAL TRAINING Using Hec-Ras to Model Bridges, Culverts and Floodplains, University of WI - Madison BMP-LID Design with EPA- SWMM, IAFSM WinSLAMM for Urban Stormwater Quality Management, NASECA Wisconsin Designing Bio/Infiltration BMPs for Stormwater Quality Improvement, University of WI-Madison XP-SWMM Training, XP TEAM RESUMES EMILY BASALLA, PE, CFM PROJECT MANAGER CLARK DIETZ Emily Basalla is a senior project manager with more than 20 years of experience in municipal, environmental, and civil engineering, with deep expertise in stormwater management and permitting. Her experience includes storm sewer and drainage design, roadway and pavement projects, water main relocations, sanitary sewer systems, and wastewater processes. Emily is a Certified Floodplain Manager and regularly supports communities with floodplain mapping, regulatory compliance, and flood risk reduction strategies. Emily is particularly valued for her leadership in municipal permitting and developer review services. She is highly experienced with NPDES, state, and local permitting processes and serves as a trusted on-call reviewer for multiple municipalities, handling stormwater design, grading and drainage, floodplain impacts, and hydrologic and hydraulic analyses. Her balanced approach protects neighborhood integrity while supporting responsible development, ensuring municipalities receive technically sound, defensible reviews that stand up to regulatory and public scrutiny. ▸ Gurnee Fiber Management, Gurnee, IL ▸ Glendale Fiber Management, Glendale, WI ▸ Elmhurst Fiber Design & Management, Elmhurst, IL ▸ Village Engineering, Green Oaks, IL ▸ Village Engineering Services, Bayside, WI ▸ Scott Street Basin Design, Franklin Park, IL ▸ Stormwater Quality Initiative, Glendale, WI ▸ City Engineering Services, Glendale, WI ▸ Village Staff Eng. Services, Harwood Heights, IL ▸ Village Engineering, Shorewood, WI ▸ Village Engineering Services, River Hills, WI ▸ Village Staff Eng. Services, Franklin Park, IL “Large-scale fiber installations are not traditional construction projects, and they shouldn’t be managed like them. They are utility programs that touch nearly every neighborhood, every right- of-way condition, and every municipal department at once. The difference between a smooth program and a community headache is proactive inspection, clear expectations, and constant coordination. Clark Dietz is already navigating this exact challenge for fiber installations in communities like Gurnee and Warren Township, where we serve as the City’s extension, coordinating with contractors, managing resident concerns, protecting municipal infrastructure, and documenting every step through GIS-based tracking and reporting. We understand how quickly issues can escalate if they are not addressed in real time, particularly related to right-of-way restoration, erosion control, and utility conflicts. For Germantown, our focus is simple: be present in the field, responsive to residents, and accountable to the Village. Our inspection approach is structured, repeatable, and proven, aiding efficiency of the fiber network installation while the character, infrastructure, and standards of the community are protected throughout construction and long after the work is complete.” Emily Says... Page 63 of 181 Village of Germantown / Telecommunications Inspection Services / 19 TEAM RESUMES DEVIN CARLSON, GISP PROGRAM MANAGER/ GIS SPECIALIST CLARK DIETZ Devin Carlson is a Certified GIS Professional and Clark Dietz GIS Specialist with more than 15 years of experience supporting municipal infrastructure programs. Her expertise includes GIS-based asset management, potable water and sanitary sewer systems, field data collection, and utility mapping. Devin has developed and maintained GIS platforms that help municipalities better understand, manage, and plan for their infrastructure investments. Devin plays a key leadership role in integrating GIS with stormwater, water, and sewer programs. Her experience includes stormwater quality modeling support, erosion control enforcement mapping, utility inspections, and coordination with county and state agencies. By leveraging GIS to link inspection data, CCTV footage, and maintenance records, Devin provides municipalities with actionable information that improves decision-making, transparency, and long-term system performance. ▸ Gurnee Fiber Management, Gurnee, IL ▸ Glendale Fiber Management, Glendale, WI ▸ Elmhurst Fiber Design & Management, Elmhurst, IL ▸ Village Engineering, Green Oaks, IL ▸ City Engineering Services, Glendale, WI ▸ Village Engineering Services, Bayside, WI ▸ Village Engineering, River Hills, WI ▸ Village Engineering, Random Lake, WI ▸ Municipal Engineering Services, Kenosha, WI ▸ Erosion Control Enforcement, Glendale, WI ▸ Engineering Services, Whitefish Bay, WI ▸ General Engineering, Elmhurst, IL ▸ Village Engineering, Brown Deer, WI EXPERIENCE 15 Years EDUCATION AS, Civil Engineering, Fresh Water Resources, Gateway Technical College AS, Architectural Structural Engineering, Gateway Technical College BA, Environmental Science, Carthage College MS, Cartography & GIS, University of Wisconsin - Madison ADDITIONAL TRAINING Certified GIS Professional WinSLAMM for Urban Stormwater Quality Management ESRI Training - Going Places with Spatial Analysis ESRI Training - Field Data Collection and Management Using ArcGIS Esri Training - Cartography ANDREW ASHLEY, PE PLAN REVIEWER CLARK DIETZ Andy Ashley is a civil engineer with broad municipal planning, design, and construction observation experience that supports effective plan review and inspection for infrastructure projects. His background includes street, sanitary sewer, and stormwater design; surveying; hydrologic and hydraulic modeling; water main replacement; and construction management, with regular involvement in reviewing plans for constructability and compliance with municipal standards. Andy serves as a trusted municipal engineer to multiple communities, acting as the primary consultant for roadway rehabilitation and traffic engineering in Whitefish Bay and leading annual water main replacement programs in Glendale that replace more than 7 ,000 feet of pipe per year. His experience also includes roadway resurfacing and reconstruction design, traffic studies, bidding support, and incorporation of green infrastructure and sustainable design elements. In addition, Andy assists municipalities with grant identification and application development and supports park and trail planning efforts that reflect local conditions and community priorities. ▸ Gurnee Fiber Management, Gurnee, IL ▸ Glendale Fiber Management, Glendale, WI ▸ Elmhurst Fiber Design & Management, Elmhurst, IL ▸ City of Glendale, 2021 Resurfacing Construction, Glendale, WI ▸ 2015 Stormwater Plan Review, New Albany, IN ▸ Alley Construction, Glendale, WI ▸ Brown Deer 2023 Permit Review Services, Brown Deer, WI ▸ Old Grand Ave Water Main, Gurnee, IL ▸ 2022 City Engineering, Glendale, WI ▸ Bayside 2024 Village Engineering, Bayside, WI ▸ Village Engineering, Whitefish Bay, WI ▸ General Engineering Services, Shorewood, WI ▸ 2022 Village Engineering Services, River Hills, WI ▸ General Engineering Services, Pleasant Prairie, WI EXPERIENCE 14 Years EDUCATION BS, Civil Engineering, University of Wisconsin Milwaukee REGISTRATIONS PE, IL, 062.070457 PE, WI, 45780-6 AFFILIATIONS American Public Works Association Page 64 of 181 Village of Germantown / Telecommunications Inspection Services / 20 TEAM RESUMES TANIA TKACHUK, EIT FIELD OBSERVER CLARK DIETZ Tania is a civil engineer with an emphasis in structural engineering and extensive experience in construction inspection for municipal infrastructure projects. She has served as a construction inspector on a wide range of public works projects, including water main installations, paving, sidewalks and ramps, parking structures, demolition, and reservoir upgrades. Tania is trained in erosion control through NASECA and has inspected projects funded by agencies such as MMSD, including Regenerative Stormwater Conveyance (RSC) and Green Alley improvements. She is experienced in monitoring contractor compliance, maintaining thorough documentation, and coordinating with residents, contractors, and municipal stakeholders to keep projects on schedule and minimize community disruption. Her professional and approachable demeanor helps maintain clear communication throughout construction. In addition to her inspection work, Tania is proficient in AutoCAD, Civil 3D, ArcGIS Pro, Survey123, and Bluebeam, allowing her to efficiently review plans, track field changes, and support accurate project recordkeeping. Her combined field and design experience brings a practical, detail-oriented approach to infrastructure inspection projects. ▸ Port Washington & Jean Nicolet Water Sewer Construction Inspection, Glendale, WI ▸ Lateral Replacement Inspection, Glendale, WI ▸ Annual Sidewalk and C&G Inspection, Kenosha, WI ▸ Komatsu Mining Parking Lot Inspection, Oak Creek, WI ▸ Vel R. Phillips Plaza Construction Inspection Services, Milwaukee, WI ▸ Lead Service Line Replacement Program Construction Inspection Services, Milwaukee, WI ▸ Sump Collection Inspection, Franklin, WI ▸ Rosenow Creek Trail Construction Inspection, Oconomowoc, WI EXPERIENCE 9 Years EDUCATION BS, Civil Engineering, Univ. of Wisconsin Platteville REGISTRATIONS EIT, WI, 514139-500 ADDITIONAL TRAINING Naseca, Construction Site Erosion Control & Stormwater Permit Compliance Training WinSLAMM for Urban Stormwater Quality Management STEVEN WLAHOVICH CONSTRUCTION OVERSIGHT CLARK DIETZ Steven is a seasoned Construction Inspector with more than 20 years of field experience. His experience includes managing daily field operations of public infrastructure projects including water main, sanitary, storm sewer, and roadway construction. He completes detailed documentation of daily field operations (IDR’s), measure and document job quantities, plan review, implementation of job specifications and local governing specifications, implementing soil erosion/ soil control procedures, project estimating, preparing bidding documents and progress payments for various projects, survey and layout, preparing record drawings, and on the job problem solving. As a former Construction Manager for the Village of Pleasant Prairie, Steven managed the Construction Management department operations, budgeting, and field staff. Steven had full oversight of Village projects related to Public Infrastructure: survey, design, estimating, bidding documents, contract administration, permitting, and specification documents. Other responsibilities included management of GPS Village assets, plan reviews, job specification review and local governing specification review, traffic control plan review, and job safety review, right-of-way inspection and permitting, and implementation of soil erosion/soil control procedures. ▸ Kenosha Water Utility, Redevelopment Block I Inspection, Kenosha, WI ▸ Annual Sidewalk and C&G Inspection, Kenosha, WI ▸ Vel R. Phillips Plaza Construction Inspection Services, Milwaukee, WI ▸ Maple Fields Site Development Phase 2, Construction Inspection, Jackson, WI ▸ PPII Sump Collection Inspection, Franklin, WI ▸ Lake County Public Works, Oak Terrace Wellhouse Construction Services, Lake County, IL ▸ East Side Sewer Construction, Bayside, WI ▸ Resurfacing Construction, Glendale, WI ▸ Glencoe Sewer Construction Services, Bayside, WI EXPERIENCE 24 Years EDUCATION AAS, Civil Engineering Technician-Highway, Gateway Technical College ADDITIONAL TRAINING Medium Diameter Pipe Fusion Certified Page 65 of 181 Village of Germantown / Telecommunications Inspection Services / 21 TEAM RESUMES Our Milwaukee-based team, less than 20 miles from Germantown, combines senior municipal permitting leadership, dedicated GIS expertise, and experienced construction inspectors. Our strategy pairs ordinance-level review expertise with real-time, parcel-based inspection tracking. The result is a field-tested, accountable program model that protects Village infrastructure, minimizes staff burden, and maintains public trust from permit intake through final restoration. Our decades of public infrastructure experience will provide Germantown with responsive, defensible information through the project lifecycle. JAKE WESTALL FIELD OBSERVER CLARK DIETZ Jacob (Jake) Westall is an Environmental Engineer with Clark Dietz, supporting municipal infrastructure and construction projects throughout Wisconsin and Illinois. A December 2024 graduate of the University of Wisconsin–Milwaukee with a Bachelor of Science in Environmental Engineering, Jake brings strong technical skills in GIS, AutoCAD, and hydraulic modeling, along with hands-on experience in roadway, sidewalk, storm sewer, and watermain improvement projects. His Clark Dietz project experience, led by high-hour involvement on major construction assignments such as the City of Kenosha 38th Street Construction project and the City of Glendale 2024 ARPA Sidewalk Construction program, reflects substantial participation in active construction environments and coordination with municipal stakeholders. Jake’s background includes construction-phase support, field coordination, inspection assistance, and contractor communication. His prior field and GIS experience with the Milwaukee Metropolitan Sewerage District further strengthened his inspection, documentation, and utility coordination capabilities. ▸ 38th Street Construction, Kenosha, WI ▸ 2024 ARPA Sidewalk Construction, Glendale, WI ▸ 2024 Emergency Storm Sewer Improvements, Whitefish Bay, WI ▸ 2024 Alley Construction, Glendale, WI ▸ 38th Street Construction, Kenosha County, WI ▸ 2024 Resurfacing Construction, Glendale, WI ▸ Glen Flora Avenue Construction, Gurnee, IL ▸ East Side Sewer Construction, Bayside, WI ▸ Construction Inspection, Oconomowoc, WI ▸ Watermain Design, Elmhurst, IL ▸ 2026 Watermain and Road Design, Glendale, WI ▸ Sewer Lateral Digitization, Milwaukee, WI EXPERIENCE 1 Year EDUCATION BS, Environmental Engineering, University of Wisconsin Milwaukee ADDITIONAL TRAINING Medium Diameter Pipe Fusion Certified Page 66 of 181 FIBER INSTALLATION/INSPECTION PROJECTS City-Wide Fiber Optic Installation City of Elmhurst, IL Clark Dietz designed and provided construction oversight for 12 miles of fiber optic cable throughout the City of Elmhurst. Clark Dietz was responsible for permitting the length of the fiber through City owned properties and right of way, IDOT roadways, Illinois Prairie Path crossings, and creek crossings. A majority of the fiber was installed in residential areas which required heavy coordination with the City and residents. The work required potholing of all utility crossings, including all water and gas services, installation of fiber handholes, directional drilling of 2” conduit with tracer wire, pulling fiber, and fiber terminations and connections to various facilities. Weekly map updates were delivered to residents detailing where crews would be and what to expect along with City website updates throughout the project. We developed a GIS dashboard for monitoring installation locations and documenting photos of the work, including before, during, and restoration which streamlined our ability to respond to resident questions and concerns. Village of Gurnee Fiber Management Program Village of Gurnee, Illinois The Village of Gurnee reached out to Clark Dietz for assistance regarding the management of a community-wide fiber installation project. Clark Dietz and the Village worked together to develop a construction monitoring dashboard, brainstorming and customizing ways to organize the permit review submittals, comments, project stage and overall mapping for easy access by Village staff. Clark Dietz established permit requirements, service request processes, and created standard permit applications and restoration specifications for fiber optic installation permitting. Services include plan reviews for conflicts with existing utilities, restoration requirements, and construction inspections for alignment and restoration.  Warren Township Highway Department (WTHD) Fiber Management Program Warren Township, Lake County, Illinois Clark Dietz is currently assisting the WTHD with fiber company coordination. Two different fiber companies have applied for permits for community-wide fiber optic in northern Illinois. Being a small township entity, WTHD reached out to Clark Dietz to help develop a right-of-way permit application, set permit requirements for plan submittals, provide recommendations on escrow and insurance limits, and work to file a Master License Agreement with each company. Clark Dietz led a process expectation meeting with the WTHD and two fiber companies, is currently reviewing submittals, providing comments, ensuring permits from other agencies are being received, and handling part-time construction inspection and restoration expectations. Village of Germantown / Telecommunications Inspection Services / 22 PROJECT EXPERIENCE Page 67 of 181 Village of Germantown / Telecommunications Inspection Services / 23 RIGHT OF WAY (ROW) PERMIT REVIEW PROJECTS Right-of-Way Permit & Development Review Services Village of Green Oaks, Illinois Clark Dietz provides right-of-way permit review and development review services for the Village of Green Oaks as part of our role as Village Engineer. Clark Dietz reviews ROW permit applications and associated plans for compliance with Village ordinances, floodplain and stormwater requirements, erosion control standards, and accepted engineering practices. Reviews are coordinated with Village staff and outside agencies as needed to ensure consistency and timely approvals. During construction, Clark Dietz provides inspection oversight within the public right-of-way to verify compliance with approved permits and standards, while maintaining clear documentation and communication through project closeout. Right-of-Way Permit Review & Construction Coordination City of Glendale, Wisconsin Clark Dietz performs right-of-way permit review services for the City of Glendale, supporting development and utility projects within the public right-of-way. Services include review of permit applications, construction plans, and supporting documentation for compliance with municipal codes, stormwater and erosion control requirements, and infrastructure standards. Clark Dietz coordinates closely with City staff, contractors, and utility providers to address conflicts, clarify requirements, and expedite reviews. Construction inspections are conducted as needed to confirm permitted work is installed in accordance with approved plans, protecting City infrastructure and minimizing impacts to residents and traffic. Right-of-Way Permit & Engineering Review Services Village of Bayside, Wisconsin Clark Dietz assists the Village of Bayside with right-of-way permit reviews for public and private projects, ensuring proposed work complies with Village ordinances and engineering standards. Reviews include evaluation of roadway, grading, drainage, utility, and restoration details within the public right-of-way, with particular sensitivity to established residential neighborhoods. Clark Dietz provides clear review comments and works directly with applicants and Village staff to resolve issues efficiently. When construction occurs, Clark Dietz supports compliance through field coordination and inspection, helping ensure safe, orderly, and properly restored rights-of-way. Right-of-Way Permit Review & Compliance Oversight Village of Brown Deer, Wisconsin Clark Dietz provides right-of-way permit review services for the Village of Brown Deer, supporting development, utility, and infrastructure projects within the public right-of-way. Clark Dietz reviews permit submittals for compliance with municipal codes, subdivision and zoning requirements, stormwater and erosion control standards, and accepted engineering practices. Our staff coordinates reviews with Village departments and utility providers to identify conflicts early and maintain efficient permit processing. Construction activities within the right-of-way are monitored as needed to verify compliance with approved permits and restoration requirements. Right-of-Way Permit Review & Neighborhood-Focused Coordination Village of Whitefish Bay, Wisconsin Clark Dietz provides right-of-way permit review services for the Village of Whitefish Bay, supporting development and utility work within a highly developed and neighborhood-focused community. Clark Dietz reviews ROW permit applications and associated engineering plans for compliance with Village ordinances, stormwater and erosion control requirements, and infrastructure standards, with careful attention to constructability and neighborhood impacts. Our team coordinates closely with Village staff, contractors, and residents to clearly communicate requirements and expectations. When construction occurs, Clark Dietz supports the Village through field coordination and inspection to ensure permitted work is completed properly and public rights-of-way are restored in accordance with Village standards. PROJECT EXPERIENCE Page 68 of 181 Village of Germantown / Telecommunications Inspection Services / 24 PROJECT EXPERIENCE EROSION CONTROL PROJECTS Erosion Control Plan Review & Inspection Services Village of Green Oaks, Illinois Clark Dietz serves as the Village Engineer and Erosion Control Enforcement Officer for the Village of Green Oaks, providing erosion control plan review, permitting support, and construction-phase inspections for public and private projects. Clark Dietz reviews development applications for compliance with local ordinances and Lake County Watershed Development Ordinance requirements, coordinates reviews with Village staff and outside agencies, and conducts routine and follow- up site inspections to identify deficiencies and protect downstream resources. Inspection findings are documented and communicated to permit holders and Village staff, and corrective actions are tracked through project closeout. This structured, responsive approach allows the Village to maintain consistent ordinance enforcement while minimizing construction impacts to residents and natural resources. Erosion Control Inspection & Ordinance Administration City of Glendale, Wisconsin Clark Dietz provides erosion control inspection services for the City of Glendale, administering the City’s erosion control ordinance and enforcing compliance with WDNR and NPDES construction site requirements. Services include review of erosion control plans prior to permit issuance and routine inspections of active construction sites, including projects one acre or greater, conducted at frequencies required by NPDES permits. Clark Dietz documents site conditions, identifies non-compliance or potential threats to waters of the state, and works directly with contractors and City staff to ensure timely corrective action. Inspection records are maintained and shared with the City to support enforcement, compliance tracking, and reporting. Municipal Erosion Control Review & Construction Oversight Village of Bayside, Wisconsin Clark Dietz assists the Village of Bayside with erosion control plan review and construction-phase inspection services for development and infrastructure projects. Clark Dietz evaluates erosion control and grading plans for ordinance compliance and constructability, then performs field inspections to verify proper installation and maintenance of approved best management practices, particularly within public rights-of-way and established residential areas. Deficiencies are communicated directly to contractors and Village staff, with corrective actions tracked to resolution. This proactive inspection and coordination approach supports Bayside’s development goals while protecting adjacent properties and environmental resources. Erosion Control Permitting & Inspection Services Village of Brown Deer, Wisconsin Clark Dietz provides erosion control permitting support and inspection services for the Village of Brown Deer, assisting with plan review, permit administration, and construction-phase compliance monitoring. Erosion control plans are reviewed for adherence to Village ordinances and applicable regulatory standards, followed by routine site inspections to verify implementation and maintenance of approved measures. Clark Dietz documents inspection findings, coordinates corrective actions with contractors and Village staff, and maintains organized permit and inspection records through project closeout. This approach helps the Village manage construction activity efficiently while safeguarding public infrastructure and waterways. Page 69 of 181 Village of Germantown / Telecommunications Inspection Services / 25 PROJECT EXPERIENCE CONSTRUCTION INSPECTION PROJECTS Vel R. Phillips Plaza Construction Inspection Services City of Milwaukee, Wisconsin Clark Dietz is providing construction inspection and oversight services for the City of Milwaukee’s $15 million Vel R. Phillips Plaza development at 401 West Wisconsin Avenue, a 30,000-square-foot civic space honoring the legacy of civil rights leader Vel R. Phillips and designed to serve as a gateway gathering place in the Westtown district. The project includes a 2,900-square-foot food and beverage tenant space, landscaped public plaza areas, integration with the MCTS East-West Bus Rapid Transit (BRT), and provisions for a future Milwaukee Streetcar extension. During construction, Clark Dietz identified a modified design approach that significantly reduced the volume of contaminated soil requiring off- site disposal, saving the City more than $500,000 while maintaining project quality and schedule. In partnership with Ellis Engineering and Construction Management Services (EECMS), our team has provided full-time inspection, pay quantity oversight, budget management, documentation, and coordination to address unforeseen site conditions, expedite permitting, and support successful delivery of this highly visible public project. Watermain Construction Administration City of Elmhurst, Illinois Clark Dietz provided construction administration and inspection services for the City of Elmhurst’s 2022 Water Main Improvements Project, which included the replacement of approximately 3,500 linear feet of water main along IL-83 and Fellows Court and was completed in 2024. Our team oversaw construction activities within the State Highway 83 right- of-way, ensuring contractor compliance with project specifications, schedules, and budget requirements while monitoring water main installation, pavement replacement, and parkway restoration. Construction inspectors managed contract administration, reviewed and tracked pay quantities, maintained paperless daily reports and project documentation, and coordinated closely with City staff, IDOT, and contractors. Advanced traffic control measures were monitored to maintain public and worker safety along this high-traffic corridor, and GIS-supported, digital reporting tools were used for real-time tracking and efficient project management. Through consistent field oversight and proactive coordination, Clark Dietz helped deliver the project on time, within budget, and in full compliance with City and state standards. Oak Terrace Well House/Interconnect Construction Observation Lake County, Illinois Clark Dietz provided construction observation services for the Oak Terrace Well House Interconnect and System Improvements project for Lake County Public Works. Our inspection team monitored the construction of the new well house and integration with the existing water distribution system, including installation of well pumps, treatment equipment, controls, site piping, HVAC, a backup generator, and a sanitary sewer relocation. Throughout construction, we verified compliance with project plans, regulatory requirements, safety standards, and quality control procedures, coordinating closely with the contractor and County staff to support successful system integration and project completion. Special Service Areas Construction Engineering and Inspection Village Green Oaks, Illinois Clark Dietz provided construction engineering and inspection services for Special Service Areas 14 and 15 and associated Village-funded water system extensions in the Village of Green Oaks. The project included installation of approximately 5,100 linear feet of new water main serving 29 residential lots along Cranbrook Road, Kenton Lane, and Lexington Road, as well as roadway rehabilitation using full-depth reclamation with cement stabilization. Our construction staff coordinated closely with Village representatives, contractors, and residents, providing field inspection, quantity tracking, and documentation to support multiple funding sources. Services also included resident coordination, inspection of water main installation and testing, oversight of roadway reconstruction, and verification that all improvements met Village standards and IEPA requirements prior to project closeout. Page 70 of 181 Village of Germantown / Telecommunications Inspection Services / 26 REFERENCES What our Clients have to say ... “Clark Dietz’s professionalism, teamwork, ingenuity, and collaboration brought improvements well beyond the original goal... Their genuine interest in listening to our needs and vision to optimize the result brought our entire community a [project] of which they can be proud...” – Robert Vanden Noven, PE, Director of Public Works Port Washington, WI “Clark Dietz remained committed to delivering a successful product, ultimately contributing to a project that has positively impacted our community in meaningful ways. The 60th Street Reconstruction project not only fulfilled its original objectives but also introduced additional benefits, such as increased mobility throughout the corridor, incorporation of planned flooding relief, and all six segments designed and constructed over $1.5M below the City’s budget, despite unforeseen challenges. Thanks to the dedication and expertise of Clark Dietz, the project stands as a lasting example of thoughtful engineering and community-driven solutions.” – Brian Cater, PE, Director of Public Works Kenosha, WI “The Brush Hill Roadway Improvements included a section of road that was a full reconstruction and raising of the pavement in front of two large condo buildings and a church. [Clark Dietz’s] excellent communication between the contractor, city staff and these properties made this project a success, as the City didn’t need to address any complaints or issues from these properties for the entire month of pavement removal, a temporary stone pavement section and paving operations.” – Michael Litwin, Civil Engineer II City of Elmhurst Client relationships are important to Clark Dietz. We believe strong relationships are built by listening to and understanding our clients. We see our clients as integral members of our project teams, and we genuinely value our rapport with them. We encourage you to contact our clients listed below to discuss their experiences working with us. Ted Sianis, PE City Engineer City of Elmhurst 630.530.3769 ted.sianis@elmhurst.org Amy Sarver Highway Commissioner Warren Township 847 .244.1101 x301 highway@warrentownship.net Nicholas Leach, PE, CFM Village Engineer Village of Gurnee 847 .599.7586 nleach@village.gurnee.il.us Page 71 of 181 Emily Basalla, PE, CFM Senior Vice President Project Manager Clark Dietz, Inc. 759 North Milwaukee Street, Suite 624 Milwaukee, WI 53202 414.727.4990 emily.basalla@clarkdietz.com clarkdietz.com Join us on social media: Page 72 of 181 BUSINESS OF THE PUBLIC WORKS & HIGHWAYS COMMITTEE GERMANTOWN, WI MEETING DATE: March 4, 2026 AGENDA ITEM: New Business ITEM TITLE: Fiberoptic Telecommunications Agreements SUBMITTED BY: Kevin Driscoll – Village Engineer SUMMARY EXPLANATION: The Village anticipates Fiberoptic Telecommunications installations in 2026 in STH 145/Fond du Lac Ave, Donges Bay Road, Pilgrim Road, and the subdivisions of Glenwood Heights, Pilgrim Park, Lone Oaks, Meadow Creek Crossing and Rustic M eadows. This includes one fiberoptic installation over two miles , and a second fiberoptic installation beginning with a five-mile ring that is expected to build out with significant expansion from that ring in the future. Village staff historically have issued permits under the Village of Germantown Code of Ordinance “Section 8.06 - Street Excavations” for utility work in the right -of-way based on a fixed fee per permit application. That fee is typically $500 for street cut permit, and $150 for work outside of the roadway. In addition to 8.06, the Village of Germantown Code of Ordinance “Section 8.065 Regulation of Rights of Way” was established following the Telecommunications Act of 1996 to recover costs. It is anticipated that Village staff time for the plan reviews and inspections may exceed the $500 fee and the Village would not recover 100% of the costs to review and inspect the proposed Fiberoptic Telecommunications work. In coordination with the Village Attorney, Village staff are looking to establish agreements with the respective fiberoptic utility applicants. These agreements are intended to recover 100% of the costs associated with permit review and inspection of the fiberoptic work . The Village is looking to contract consultant services for permit reviews and inspections. Village staff have been in communication with the prospective applicants of the respective utility companies regarding these agreements based on 8.065. ATTACHMENT: ORDINANCE RESOLUTION OTHER _____ Exhibit of anticipated Fiberoptic Work Areas, Draft Agreements, Ordinances RECOMMENDATION: Staff requests that the Public Works and Highways Committee recommend approval to the Village Board to enter into agreements with the respective utility companies that allows the Village to pass through costs of Consultant Permit Reviews and Inspection Services, contingent upon final review by the Village Attorney. COMMITTEE ACTION: A motion to support authorize staff and a vote “Aye” is in the affirmative to support the agreements. Page 73 of 181 Print Date: 2/27/2026 Village of Germantown GIS Proposed Fiberoptic Utility Installations 24,000.00 Village Of Germantown N112 W17001 Mequon Road Germantown, WI 53022 262-250-4700 SCALE: 1 = 2000' DISCLAIMER: This map is not a survey of the actual boundary of any property this map depicts. The Village of Germantown Does not guarantee the accuracy of the material contained here in and is not responsible for any misuse or misrepresentation of this information or its derivatives. Exhibit 1 - Overview Map Page 74 of 181 1 LICENSE AGREEMENT THIS LICENSE AGREEMENT ("this Agreement") is entered into by and between the Village of Germantown, a village organized and existing under the laws of the state of Wisconsin (“Village”), and Metro Fibernet, LLC, a Nevada limited liability company (“Licensee”) , for the use of Village’s rights-of-way for the installation, operation and maintenance of telecommunications facilities. WHEREAS, the Village is the owner of certain public rights -of-way, and has adopted official standards governing the construction of facilities within those rights-of-way; and WHEREAS, the Village is authorized under applicable law , including Village of Germantown Code of Ordinance 8.065, to grant, renew and revoke licenses for the use of the public rights-of-way for the installation, operation and maintenance of telecommunications facilities within its municipal boundaries; and WHEREAS, Licensee desires to construct, install, operate, and maintain telecommunications facilities in and/or upon the Village's public rights -of-way (the "ROWs") within the Village's boundaries, subject to the provisions of this Agreement; and WHEREAS, the Village desires to permit Licensee to utilize the ROWs for such purposes, subject to the provisions of this Agreement; and WHEREAS, the Village Board has determined that establishing a License Agreement for telecommunications use of public rights-of-ways will provide an efficient and consistent framework for managing the deployment of telecommunications facilities , while ensuring compliance with applicable laws and Village standards, and without requiring a telecommunications company to seek separate Village Board approval for each site-specific permit involving a Village right-of-way; and WHEREAS, Licensee is authorized and empowered to enter into this Agreement and to perform the covenants and promises herein made and undertaken. NOW, THEREFORE, in consideration of the above stated preambles and the mutual covenants and promises hereinafter contained, the Licensee and the Village agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated into this License Agreement as if fully set forth in herein. 2. Grant of License. For and in consideration of the mutual covenants herein, and subject to the terms and conditions set forth herein and compliance with all Federal, State and local laws and regulations, the Village grants a non -exclusive revocable license (“License”) to Licensee to use the ROWs to install, operate and maintain telecommunications and broadband equipment (the “Facilities”). This License does not convey to Licensee any right, title or interest (including Exhibit 2 - Metronet Draft Agreement Page 75 of 181 2 leasehold interest) in the ROWs, but constitutes only a license to use and occupy the ROWs for the purposes stated herein. The rights granted to Licensee are and shall remain at all times subordinate to the Village’s superior rights of ingress, egress, and use of the public ROWs. This Agreement and the rights granted herein are non -exclusive and do not, explicitly or implicitly, preclude the Village from granting other licenses or permissions for the installation and operation of telecommunications facilities within the Village’s municipal boundaries. 3. Term. The term of this Agreement shall be for a period of five (5) years, beginning on the date approved by the Village Board and ending five (5) years thereafter, unless sooner terminated as provided for herein. Upon expiration of the initial term , this Agreement shall automatically renew for successive five (5) year terms. Either party may terminate this Agreement at the end of the initial term or renewal term by provid ing the other party with at least twelve months (12) months’ prior written notice of termination. 4. Title; Condition of ROWs. It is understood and agreed that the Village makes no representations, warranties, or assurances regarding: (a) the condition of title or boundaries of the ROWs; (b) the condition of any underground ducts, conduits, utilities, or other facilities within the ROWs; (c) any improvements or soil conditions located on the ROWs; or (d) the suitability of the ROWs for Licensee’s intended use. Licensee assumes all risks associated with the placement, operation, and maintenance of the Facilities within the ROWs, including the suitability of the ROWs for such Facilities. Licensee accepts the ROWs in an “AS IS, WHERE IS” condition, including any environmental conditions. Accordingly, the Village shall not be liable for any damages, claims, or liabilities arising from or related to adverse claims concerning the title, boundaries, or condition of the ROWs. 5. Location. The location of the Facilities shall be subject to approval by the Village’s Director of Public Works or designee. Unless otherwise specified in a permit issued by the Village, Licensee shall not place the Facilities in any manner that unreasonably interferes with the use of the ROWs by the Village, any utility, the general public, or other persons lawfully authorized to use or be present in the public ROWs. Licensee shall comply with all applicable Village ordinances and regulations , including the Village of Germantown Development Handbook, regarding permitting for the design, installation, operation, and maintenance of the Facilities. If any portion of the Facilities is designed to be installed in a location that does not comply with permit requirements or applicable standards, Licensee shall, at its sole cost and expense, promptly relocate such Facilities to a location approved by the Village. 6. Use of ROWs. In its use of the ROWs and any work performed thereon, Licensee shall comply with all applicable laws, ordinances, regulations, and requirements of Federal, State, County, and local regulatory authorities, including all applicable Village ordinances governing permitting and construction within the ROWs , including Germantown Munici pal Code §8.065, attached as an exhibit to this agreement. Page 76 of 181 3 Prior to work in the ROW , applicant to provide registration information as outlined in sections 8.065 (d) and (e). Upon authorization from Village, Licensee shall use and occupy the ROWs solely for the installation, operation, and maintenance of the Facilities, which shall be limited to: • underground conduit, fiber optic telecommunications cable, and related equipment where existing similar utilities are underground; and • aerial fiber optic telecommunications cable and related equipment where existing similar utilities are aerial. Applicant shall satisfy all requirements of the excavation permit as outlined in the Village Code of Ordinances 8.06 and 8.065. In addition, applicant to provide a traffic control plan conforming with the MUTCD, a staging plan showing equipment and materials storage areas, a communication plan for resident outreach and complaints, and a corresponding schedule for the traffic control and staging and operations. These plans are to be in accordance with the Village of Germantown Development Handbook Section 1.2 and be provided by the applicant to the Village for review, comment and approval in advance of mobilizing and beginning work. It is specifically understood that the ROWs shall not be used for the burning of refuse, the accumulation or storage of debris or other material, or for any unsanitary or unhealthful purposes. All parts of Licensee’s Facilities shall be underground except in areas where existing similar utilities are aerial. Any unauthorized or impermissible use of the ROWs shall constitute a material breach of this License Agreement. If necessary, Licensee shall adjust and/or relocate any affected portion of a permitted or unpermitted utility facility that occupies Village ROW to facilitate the alteration, improvement, safety enhancement or maintenance of a highway as may be directed by the Village . The adjustment or relocation may affect facilities off the ROW as well. A utility is responsible for all costs associated with the adjustment or relocation unless a specific Village executed utility parcel or agreement otherwise provides. This paragraph shall not impact utility priorities otherwise established by law. 7. Installation, Operation and Maintenance. In performing any work or exercising any rights under this Agreement, Licensee shall not obstruct or interfere in any manner with the Village’s ROWs, existing utility easements, private rights-of-way, sanitary sewers, sewer laterals, water mains, storm drains, gas mains, poles, aerial facilities, or other existing telecommunications facilities without the express written approval of the Village or the owners, including franchisees, of the affected property. Maintenance of the Facilities within the ROWs shall be the sole responsibility of Licensee. Licensee shall maintain the Facilities in good and safe condition and in compliance with all applicable Federal, State, and local laws, regulations, and policies. T he Village reserves the right to enter upon and repair any damage to areas surrounding the licensed premises. If such damage is caused by Licensee, the actual, reasonable, and documented cost of such repair shall be borne by Licensee. Page 77 of 181 4 Notwithstanding any provisions to the contrary, in the event of an unexpected repair or emergency (“Emergency Maintenance”), Licensee is required to notify the Village’s on site representative (Inspector) and may access the ROWs and commence such Emergency Maintenance work, following communication with the Director of Public Works and as required under the circumstances. 8. Marking. Prior to and during any installation or relocation of any underground cables or utility lines, Licensee shall contact the Diggers Hotline One Call System (commonly known as “Call Before You Dig” or “811”) to obtain planning prints for design and for hotline markings in the respective field location to ascertain the presence and location of existing aboveground and underground facilities within the ROWs to be occupied by Licensee’s Facilities and shall install route markers in accordance with applicable law . On application materials submitted to the Village, applicant to provide Diggers Hotline registration certificate number as required by Village of Germantown Ordinance section 8.065 (e)(1)a, along with other contact registration information Licensee agrees that it will become a member of the One Call System (811) as a requirement of this Agreement. This system is designed to alert Licensee to planned work in the rights-of-way so that Licensee can mark the location of its Facilities to avoid damage. In the event the field markings are different than the plan drawings, such as due to changes in underground utility locations , Contractor to stop and cease work in that area, and applicant to resubmit updated plans for that excavation area. 9. Public Safety. Licensee or other person acting on its behalf, at its own expense, shall submit a traffic control plan for the placement and use of suitable barricades, flags, flagmen, lights, flares and other measures as required per the Manual for Uniform Traffic Control for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of any work in or affecting the ROWs or other property. The Village may require regular weekly meetings, and interim phone calls with the Foreman, to discuss safety and schedule and communication and overall project plans and progress. 10. Restoration of ROWs. Within fourteen (14) days after completion of initial construction operations or any repair, relocation, or removal of the Facilities, Licensee shall grade and restore all areas disturbed by such work to a condition substantially similar to that which exis ted prior to the work. This time period may be reasonably extended upon written request by Licensee for good cause shown. Applicant is required to notify the Village’s representative (Inspector) of restoration activity, as scheduled, to document the restoration condition and proceed as outlined in Village of Germantown Code of Ordinances sections 8.065 (j) and (k). If weather or other conditions prevent full restoration within the required time, Licensee shall perform temporary restoration at its sole expense and shall promptly complete permanent restoration when conditions permit. In the event Licensee fails to restore disturbed areas or make necessary repairs to the ROWs or other Village property as required herein, the Village may, after providing Licensee with at least Page 78 of 181 5 fourteen (14) days’ prior written notice and an opportunity to cure, perform or cause such restoration or repairs to be made. The Village may then seek reimbursement from Licensee for the actual, reasonable, and documented costs incurred, which shall be supported by invoices and documentation provided to Licensee. Licensee shall remit payment within thirty (30) days of receipt of such documentation. Alternatively, the Village may draw upon any security posted by Licensee to recover such costs. 11. Damage to Licensee’s Facilities. The Village shall not be liable for, and Licensee expressly waives, any claims for damage to or loss of Licensee’s Facilities within the ROWs arising from or in connection with public works, public improvements, construction, excavation, grading, filling, or other work of any kind in the ROWs by or on behalf of the Village, except to the extent such damage or loss is caused by the Village’s gross negligence or willful misconduct. 12. Reimbursement of Village Expenses. Licensee shall reimburse the Village for all actual, reasonable, and documented costs incurred by the Village for third-party contracted services and related expenses directly attributable to Licensee’s activities under this Agreement, including but not limited to: (a) inspection services; (b) engineering or technical review; (c) traffic control services; and (d) restoration work performed by contractors on behalf of the Village. The Village shall provide Licensee with written documentation of such costs, including copies of invoices and receipts. Licensee shall remit payment within thirty (30) days of receipt of such documentation. In accordance with Wisconsin statutory requirements, the Village shall not charge Licensee overhead or administrative costs in excess of those amounts recoverable under state law, and any such charges must be separately itemized and supported by documentation. This Section shall comply with applicable Wisconsin statutes and municipal ordinances governing municipal cost recovery. 13. No Transfer or Assignment. This License Agreement shall be binding upon and shall inure to the benefit of the parties and their successors and assigns. During the term of this License Agreement, Licensee acknowledges and agrees that it does not have the right or authority to transfer or assign this License Agreement or any interest herein without the prior written consent of the Village; provided, however that Licensee shall have the right, without the Village’s prior written consent, to assign or otherwise transfer this Licensee Agreement to any successor entity or affiliate or subsidiary of Licensee, or to any entity into which Licensee may be merged or consolidated or which purchases all or substantially all of the assets of Licensee. Any such written consent required under this Section 1 2 may not be unreasonably withheld or delayed . Any Page 79 of 181 6 transferee or assignee must, at a minimum, show satisfactory evidence that it meets the insurance requirements and other terms, conditions, and provisions contained herein. 14. Indemnity/Hold Harmless. Each party (the “Indemnifying Party”) agrees to defend, indemnify, and hold harmless the other party (the “Indemnified Party”), including its officers, directors, employees, agents, affiliates, successors, and permitted assigns, from and against any and all third-party claims, actions, proceedings (including administrative or informal proceedings), judgments, damages, penalties, fines, costs, liabilities, or losses, together with reasonable attorneys’ fees and other expenses, to th e extent arising directly out of or directly related to: (a) the Indemnifying Party’s breach of this Agreement; or (b) the negligent acts, errors, or omissions, or willful misconduct of the Indemnifying Party or its contractors, agents, or employees in connection with activities undertaken pursuant to this Agreement. This indemnity shall not apply to the extent that any claim or liability results from the negligence or willful misconduct of the Indemnified Party. Nothing contained within this License Agreement is intended to be a waiver or estoppel of the Village or its insurer to rely upon the limitations, defenses, and immunities contained within Wisconsin law, including those contained within Wisconsin Statutes §§ 893.80, 895.52, and 345.05. To the extent that indemnification is available and enforceable, the Village or its insurer shall not be liable in indemnity or contribution for an amount greater than the limits of liability for municipal claims established by Wisconsin Law. 15. Insurance. Licensee shall, at its sole expense, cause to be issued and maintained during the Term of this Agreement insurance coverages of the types and in the amounts set forth below, as applicable: Type of Insurance Limit General Liability (including General Aggregate $2,000,000 contractual liability) written Prod./Comp. Op. Agg. $1,000,000 on an occurrence basis Personal & Adv. Injury $1,000,000 Each Occurrence $1,000,000 Automobile Liability, including Combines Single Limit $1,000,000 any auto, hired auto and non- owned autos Excess Liability, Umbrella Form Each Occurrence $2,000,000 Aggregate $2,000,000 Workers’ Compensation Each Accident $ 500,000 Page 80 of 181 7 Prior to commencing work on the Facilities described herein, Licensee shall furnish the Village with the appropriate Certificates of Insurance, and applicable policy endorsements. Licensee shall have the Commercial General Liability, Automobile Liability, and Umbrella/Excess Liability policies endorsed to add the “ Village of Germantown, its officers, officials, agents and employees” as “additional insureds”. 17. No Encumbrances. Licensee shall not place, permit, or allow any liens, mortgages, security interests, pledges, claims, or other encumbrances to attach to or be filed against the Village’s title to the ROWs. This provision shall not restrict Licensee from granting security interests or liens in its own Facilities, provided that such interests do not encumber or otherwise affect the Village’s ownership of the ROWs. 18. Taxes. Nothing contained in this License Agreement shall be construed to exempt Licensee from any fee, tax, property tax levy or assessment, which is or may be hereinafter lawfully imposed on it relative to its use of the ROWs or its operation of the Facilities. 19. Termination. The Village may terminate this License Agreement and the License granted herein for any of the following reasons: (i) Fraud or Misrepresentation: Licensee knowingly made fraudulent, false, or materially incomplete statements in the permit application; or (ii) Failure to Cure Breach: Licensee fails to cure a material breach of this Agreement or noncompliance with any material provision after receiving written notice and a forty - five (45) day cure period; provided, however, that if such noncompliance cannot reasonably be cured within f orty-five (45) days, the cure period shall be extended for such additional time as is reasonably necessary under the circumstances, provided Licensee has commenced and is diligently pursuing such cure; or (iii) Public Safety Threat: Licensee’s physical presence or the presence of its Facilities within the ROWs presents a direct or imminent threat to public health, safety, or welfare; or (iv) Failure to Construct as Approved: Licensee fails to construct the Facilities substantially in accordance with the permit and approved plans; or (v) Traffic Control Deficiencies: Licensee fails to provide required traffic control and does not respond to Village requests to correct such deficiencies within a reasonable time frame. Upon termination of this Agreement for any reason, Licensee shall, within one hundred eighty (180) days of written notice from the Village, remove its Facilities from all Village ROWs and restore all ROWs as required herein. Page 81 of 181 8 This paragraph shall not apply to decisions to non-renew this License under paragraph 3. 20. No Waiver. The waiver by one party of any breach of this Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof will be limited to the particular instance and will not operate or be deemed to waive any fu ture breaches of this Agreement and will not be construed to be a waiver of any provision except for the particular instance. 21. Amendments. This Agreement represents the entire agreement between the parties. No oral changes or modifications of this Agreement shall be permitted or allowed. Changes or modifications to this Agreement shall be made only in writing and upon necessary and proper signature of the Licensee and the Village. 22. Notices. Any notice will be in writing and will be deemed to be effectively served when deposited in the mail with sufficient first-class postage affixed and addressed to the party at the party's place of business. Notices shall be addressed to designated representatives of both parties as follows: Village: Department of Public Works – Engineering Section N112 W17001 Mequon Road Germantown, WI 53022 Licensee: Metro Fibernet, LLC Attn: Sr. Vice President OSP 3701 Communications Way Evansville, IN 47715 With a copy to: Metro Fibernet, LLC Attn: Legal – ROW Permitting 11880 College Boulevard. Ste 100 Overland Park, KS 66210 23. Severability. In the event that any provision of this License Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereto. 24. Conflict with Village Ordinances. In the event of any conflict or inconsistency between the provisions of this License Agreement and any applicable Village ordinance, the terms of this License Agreement shall control and govern the rights and obligations of the parties with respect to the subject matter herein. Page 82 of 181 9 25. Law and Venue. This License Agreement shall be governed by, interpreted, and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in a state or federal court of comp etent jurisdiction located within the State of Wisconsin who’s jurisdiction includes Washington County, and each party hereby consents to the jurisdiction and venue of such courts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and to become effective as of the date first written above. METRO FIBERNET, LLC VILLAGE OF GERMANTOWN By:_______________________________ By:________________________________ Printed Name:_______________________ Its: Printed Name:_______________________ Its: Village President Date: ______________, 20____ Date: ______________, 20____ Page 83 of 181 Created: 2025-10-07 14:03:29 [EST] (Supp. No. 29) Page 1 of 10 8.065 REGULATION OF RIGHTS-OF-WAY. (Cr. Ord. #05-16) (a) FINDINGS AND PURPOSE. The Village finds that the passage of the Telecommunications Act of 1996 has resulted in increased use of the public rights-of-way and increased costs to the taxpayers of the Village and that these costs are likely to continue into the foreseeable future. The Village finds that excavation and occupancy of the public rights -of-way causes direct and indirect costs to be borne by the Village and its taxpayers, including but not limited to: (1) Administrative costs associated with public right-of-way projects, such as registration, permitting, inspection and supervision, supplies and materials. (2) Management costs associated with ongoing management activities necessitated by public right -of-way users. (3) Repair costs to the roadway associated with the actual excavation into the public right -of-way. (4) Degradation costs defined as depreciation caused to the roadway in terms of decreased useful life, due to excavations into the public rights-of-way. In response to the foregoing facts, the Village hereby enacts this ordinance relating to administration of and permits to excavate, obstruct and/or occupy the public rights-of-way, together with an ordinance making necessary revisions to other Code provisions. This ordinance imposes reasonable regulations on the placement and maintenance of facilities currently within its rights-of-way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. The Village's authority to enact this ordinance is pursuant, but not limited to, the following federal, state and local authority: 47 U.S.C. 253(c); Wis. Stat. § 61.34(1); Wis. Stat. § 66.0425; Wis. Stat. § 66.0915; Wis. Stat. § 86.16; Wis. Stat. § 182.017; Wis. Stat. § 196.58; and Wis. Stat. § 196.499(1). The purpose of this [section] is to provide the Village a legal framework within which to regulate and manage the public rights-of-way, and to provide for recovery of costs. This [section] provides for the health, safety and welfare of the residents of the Village as they use the rights-of-way of the Village, as well as to ensure the structural integrity of the public rights-of-way. The Village desires to minimize and anticipate the number of excavations taking place thereon and to regulate the placement of facilities within the rights-of-way to ensure that they remain available for public services. The taxpayers of the Village bear the financial burden for the upkeep of the rights -of- way. A primary cause for the early and excessive deterioration of its righ ts-of-way is the frequent excavation by persons who locate facilities therein. Under this chapter, all persons who excavate, obstruct and/or occupy the public rights-of-way will reimburse the Village's administrative, ongoing management and degradation cos ts. Right- of-way users will bear a fair share of the financial responsibility for the integrity of the public rights -of-way. (b) DEFINITIONS. The following definitions apply in this [section]. References hereafter to "sections" are unless otherwise specified references to sections in this [section]. Defined terms remain defined terms whether or not capitalized. "Alternative Telecommunications Utility Other" has the meaning in Wis. Stat. § 196.01. "Applicant" means any person requesting permission to excavate, obstruct and/or occupy a right -of-way. "Degradation" means the accelerated depreciation of the right-of-way, caused by an excavation of the right-of- way, resulting in the need to reconstruct such right-of-way earlier than would be required if the excavation did not occur, "Department" means the Department of Public Works of the Village. "Department Inspector" means any person authorized by the Department to carry out inspections related to the provisions of this chapter. Exhibit 3 - Village Ordinance for Telecommunications Page 84 of 181 Created: 2025-10-07 14:03:29 [EST] (Supp. No. 29) Page 2 of 10 "Emergency" means a condition that (1) poses a clear and immediate danger to life or health, or of a significant loss of property; or (2) requires immediate repair or replacement in order to restore service to a customer. "Excavate" means to dig into or in any way remove or physically disturb or penetrate any part of a right -of-way. "Facilities" means all equipment owned, operated, leased or subleased in connection with the operation of a service or utility service, and shall include but is not limited to poles, wires, pipes, cables, underground conduits, ducts, manholes, vaults, fiber optic cables, lines and other structures and appurtenances. "In," when used in conjunction with "right-of-way," means over, above, in, within, on or under a right-of-way. "Local Representative" means a local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this chapter. "Obstruct" means to place any object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. "Occupy" means to dwell or reside above, on, in, or below the boundaries of the public rights -of-way. "Permittee" means any person to whom a permit to excavate or occupy a right -of way has been granted by the Village under this chapter. "Person" means, municipality, corporation, company, association, firm, partnership, limited liability company, limited liability partnership and individuals and their lessors, transferees and receivers. "PSC" means the Public Service Commission of the State of Wisconsin. "Public Utility" has the meaning provided in Wis. Stats. § 196.01. "Registrant" means any person who has registered with the Village (1) to have its facilities located in any right -of- way, or (2) to use or seek to occupy or use the right-of-way or any facilities in the right-of-way. "Repair" means to perform construction work necessary to make the right -of-way useable for travel, according to department specifications, or to return facilities to an operable condition. "Repair Bond" means a performance bond, a letter of credit, or cash deposit posted to ensure the availability of sufficient funds to assure that right-of-way excavation repair work is completed in both a timely and quality manner, per Department specifications. "Restore or Restoration" means the process by which an excavated right-of-way and surrounding area, including pavement and foundation, is reconstructed according to Department specifications. "Restoration Bond" means a performance bond, a letter of credit, or cash deposit posted to ensure the availability of sufficient funds to assure that right-of-way excavation restoration work is completed in both a timely and quality manner, per Department specifications. "Right-of-Way" means the surface and space above and below a public roadway, highway, street, bicycle lane and public sidewalk in which the Village has an interest, including other dedicated rights -of-way for travel purposes. "Service" or "Utility Service" includes municipal sewer and water services and also includes, except as provided herein, but is not limited to (1) those services provided by a public utility as defined in Wis. Stat. § 196.01(5); (2) telecommunications, pipeline, fire and alarm communications, water, electricity, light, heat, cooling energy, or power services; (3) the services provided by a district heating or cooling system; and (4) cable service as defined and regulated under 47 U.S.C. 521 through 573. Wireless telecommunications service and cellular mobile radio telecommunications (CMRS) services as defined by Section 332(d) of the Federal Communications Act of 1996 (47 U.S.C. 332 (d)(l)) are excluded, unless these services have a presence in the right -of-way. "Supplementary Application" means an application made to excavate or obstruct more of the right -of-way than allowed in, or to extend, a permit that had already been issued. Page 85 of 181 Created: 2025-10-07 14:03:29 [EST] (Supp. No. 29) Page 3 of 10 "Telecommunications Carrier" has the meaning in Wis. Stat. § 196.01. "Telecommunications Provider" has the meaning in Wis. Stat. § 196.01. "Telecommunications Rights-of-Way User" means a person owning or controlling a facility in the public right -of- way, or seeking to own or control a facility in the public right-of-way, that is used or is intended to be used for transporting telecommunication or other voice or data information. This includes telecommunications providers, utilities, ATUs, and carriers. For purposes of this chapter, a cable television system defined and regulated under Wis. Stat. § 66.082(2)(d), and telecommunication activities related to providing natural gas or electric energy services, and which are not offered for resale as telecommunications services, are not telecommunications right - of-way users. "Telecommunications Service" means the offering for sale or the conveyance of voice, data or other information at any frequency over any part of the electromagnetic spectrum, including the sale of service for collection, storage, forwarding, switching and delivery incidental to such communication and including the regulated sale of customer premises equipment. Telecommunications service does not include cable television service, wireless service or broadcast service. "Telecommunications Utility" has the meaning in Wis. Stat. § 196.01. "Unusable Facilities" means facilities in the right-of-way which have remained unused for one year and for which the registrant is unable to provide proof that it has either a plan to begin using them within the next 24 months or a potential purchaser or user of the facilities. "Village" means the Village of Germantown, Wisconsin, a Wisconsin municipal corporation. (c) ADMINISTRATION. The Department of Public Works ("Department") is responsible for the administration of the rights-of-way, and the permits and ordinances related thereto. (d) REGISTRATION FOR RIGHT-OF-WAY OCCUPANCY. (1) Registration. Each person who occupies, uses, or seeks to occupy or use, the right -of-way or any facilities in the right-of-way, including by lease, sublease or assignment, or who has, or seeks to have, facilities located in any right-of-way shall register with the Department and pay the fee set forth in subsection (f). Registration will consist of providing application information and paying a registration fee. This section shall not apply to those persons exclusively utilizing facilities provided by another right -of- way user. (2) Registration Prior to Work. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof in any right-of-way without first being registered with the Department. (3) Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a Village ordinance requiring persons to plant or maintain the tree lawn in the area of the right -of-way between their property and the street curb, construct sidewalks, install street signs or perform other similar activities. Persons performing such activities shall not be required to obtain any permits under this Chapter. (e) REGISTRATION INFORMATION. (1) Information Required. The information provided to the Department at the time of registration shall include, but not be limited to: a. Each registrant's name, Diggers Hotline registration certificate number, address and e -mail address, if applicable, and telephone and facsimile numbers. b. The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current Page 86 of 181 Created: 2025-10-07 14:03:29 [EST] (Supp. No. 29) Page 4 of 10 information regarding how to contact the local representative in an emergency shall be provided at the time of registration. c. All right-of-way users shall demonstrate to the satisfaction of the Village the financial capability to cover any liability which might arise out of their presence in the right -of-way. d. If the person is a corporation, a LLC or LLP, a copy of any certificate required to be filed under Wisconsin statute as recorded and certified to by the Department of Financial Institutions. e. A copy of the person's certificate of authority from the Wisconsin Public Service Commission or other applicable state or federal agency, where the person is lawfully required to have such certificate from said commission or other state or federal agency. f. Execution of an indemnification agreement in a form prescribed by the Department, which is consistent with, and shall not exceed the obligations provided in, Section 1.24 herein. (2) Notice of Changes. The registrant shall keep all of the information listed above current at all times by providing to the Department information as to changes within 15 working days following the date on which the registrant has knowledge of any change. (f) REGISTRATION FEE. (1) Registration Fee. The Department shall establish the registration fee in an amount sufficient to recover the costs incurred by the Village for processing registrants. This fee shall be computed as the average of labor costs, indirect costs, and other costs associated with registration. (2) Fee Computation. The Village may recalculate, and by resolution, establish the registration fee. (g) EXCAVATION PERMIT REQUIREMENT. (1) Excavation permit required. Except as otherwise provided in this chapter or other chapters of the Village Code, no person shall excavate any right-of-way or place facilities in a right-of-way without first having obtained an excavation permit from the Department. No person shall ex cavate the right-of-way or maintain an excavation in the right-of-way beyond the date or area specified in the permit unless such person makes a supplementary application for another excavation permit before the expiration of the initial permit, pursuant to subsection (n), and a new permit or permit extension is granted. (2) Permit Display. A copy of any permit issued under this chapter shall be made available at all times by the permittee at the indicated work site and shall be available for inspection by the Department upon request. (h) EXCAVATION PERMIT APPLICATION. Application for a permit shall be made to the Department. Permit applications shall contain, and will be considered complete only upon compliance with the requirements of the following provisions: (1) Registration with the Department if required by this chapter; (2) Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all existing and proposed facilities; (3) Payment of all money due to the Village for: a. Applicable permit fees and costs as set forth below; b. Subject to section e., unpaid fees or costs due for prior excavations; or c. Subject to section e., any loss, damage, or expense suffered by the Village because of applicant's prior excavations of the rights-of-way or any emergency actions taken by the Village. Page 87 of 181 Created: 2025-10-07 14:03:29 [EST] (Supp. No. 29) Page 5 of 10 d. When an excavation permit is requested for purposes of installing additional facilities, and the posting of a restoration bond for the additional facilities is insufficient, the posting of an additional or larger restoration bond for the additional facilities may be required. e. The Department shall not deny a registrant an excavation permit because of a dispute between the Village and the registrant, related to subsections b. and/or c. if the dispute has been adjudicated in favor of the registrant or if the dispute is the subj ect of an appeal filed by the registrant and no decision in the matter has at yet been rendered. (i) EXCAVATION PERMIT FEE. (1) Fee Calculation. The excavation permit fee shall be established by the Department in an amount sufficient to recover the costs incurred by the Village. This fee shall recover costs incurred by the Village for each of the following categories as provided herein: a. Administrative: The general formula for computing the administrative fee shall be the average per-permit costs for labor plus indirect and other costs. b. Repair: No repair fee shall be collected by the Village, however the Permittee shall be required to repair the public right-of-way to Department specifications, subject to inspection and acceptance by the Department, as per subsection (j), and to pay a degradatio n fee. c. Degradation: The general formula for computing the degradation fee shall be the cost per square yard for street, overlay and seal coat multiplied by the appropriate depreciation rate for that street multiplied by the area of the patch. The area of the patch shall be c alculated by adding 2 feet to each side of the actual street cut. Depreciation schedules shall be provided by type of street. d. The total excavation permit fee shall be calculated as follows: Total Excavation Permit Fee = Administrative Cost + Degradation Fee (if applicable). (2) Village Exemption. Notwithstanding subsection (1)c., the Village and its contractors shall not pay degradation fees. (3) Payment of Permit Fees. No excavation permit shall be issued without payment of applicable fees. 4. Non refundable. Permit fees paid for a permit that the Department has revoked for a breach as stated in subsection (q) are not refundable. (j) RIGHT-OF-WAY REPAIR. (1) Timing. The work to be done under the excavation permit, and the repair of the right -of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the con trol of the permittee or when work was prohibited as unseasonable or unreasonable under subsection (p). (2) Repair. In addition to repairing its own work, the permittee must repair the general area of the work, and the surrounding areas, including the paving and its foundations, to the specifications of the Department. The Department shall inspect the area of the work and accept the work when it determines that proper repair has been made, per specifications of the Department. A Permittee may request to have the Village repair the right-of-way. a. Village Repair. If the permittee requests to have the Village repair the right-of-way, the Village may accept or reject the request at its sole option. If the Village accepts, the permittee shall be billed for the Village's costs, and shall pay the amount thereof within 30 days of billing. b. Permittee Repair. If the Permittee chooses to repair the right- of-way, it shall at the time of application for an excavation permit post a repair bond in an amount determined by the Page 88 of 181 Created: 2025-10-07 14:03:29 [EST] (Supp. No. 29) Page 6 of 10 Department to be sufficient to cover the cost of repairing the right-of-way to Department specifications. If, 36 months after completion of the repair of the right -of-way, the Department determines that the right-of-way has been properly repaired, the surety on the repair bond shall be released. (3) Standards. The Permittee shall perform repairs according to the specifications of the Department and/or in the conditions specified in the permit the Department shall have the authority to prescribe the manner and extent of the repair, and may do so in written procedures of general application or on a case-by-case basis. (4) Guarantees. The permittee guarantees its work and shall maintain it for 36 months following its completion, except for organic material which shall be maintained for 12 months. During this period it shall, upon notification from the Department, correct all repair work to the extent necessary, using the method required by the Department. Said work shall be completed within 10 calendar days of the receipt of the notice from the Department, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable under subsection (p). (5) Failure to Repair. If the permittee fails to repair the right-of-way in the manner and to the condition required by the Department, or fails to satisfactorily and timely complete all repair required by the Department, the Department at its option may do such work. In that event the permittee shall pay to the Village, within 30 days of billing, the cost of repairing the right-of-way. If permittee fails to pay as required, the Village may exercise its rights under the repair bond. (k) RESTORATION IN LIEU OF REPAIR AND DEGRADATION. The permittee may elect to restore the excavation and surrounding pavement in lieu of repair and a degradation fee. If restoration is elected, the Department shall specify the area to be restored, and the methods and materials to be used for the restorati on. The permittee shall then also comply with the preceding subsectuib (j), as applied to restoration instead of repair. (l) INSPECTION. (1) Notice of Completion. When the work under any permit hereunder is completed, the permittee shall notify the Department. (2) Site Inspection. Permittee shall make the work site available to the Department and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. (3) Authority of Department. At the time of inspection, the Village may order the immediate cessation of any work which poses a threat to the life, health, safety or well being of the public. The Village may issue an order to the registrant for any work that does not conform to the applicable standards, conditions or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within 10 days after issuance of the order, the registrant shall present proof to the Department that the violation has been corrected. If such proof has not been presented within the required time, the Department may revoke the permit pursuant to subsection (q). (m) ONGOING MANAGEMENT FEES. (1) Fee Basis. Fees shall reflect the ongoing or long-term costs to the Village of managing access to the right-of-way. These costs are exclusive of Administrative costs collected under Excavation Permit Fees. Fees shall be initially set, and may be annually re-computed, to recover the costs incurred by the Village in ongoing management of the right-of-way. Ongoing management costs include, but are not limited to, inventory maintenance, facility tracking, GIS, tree trimming, grass mowing, right of way maintenance, location marking and general inquiries related to public right -of-way users. The fee shall be based on the number of feet of right-of-way occupancy by a Telecommunications Right-of-Way Page 89 of 181 Created: 2025-10-07 14:03:29 [EST] (Supp. No. 29) Page 7 of 10 User. The per foot management fee shall be calculated as follows: Annual management fee per foot = Total annual management cost/Total ROW occupancy feet. (2) Payment of Fees. Ongoing management fees shall be subject to adjustment and correction at the conclusion of the calendar year. Such fees shall be paid for all and any part of a calendar year, prorated on a daily basis, during any time period in which the said person uses or occupies the right-of-way to furnish telecommunications service, or places, maintains or uses the person's wires, mains, pipes, or any other facilities in the right-of-way. (n) JOINT APPLICATIONS. (1) Joint Application. Registrants may jointly apply for permits to excavate the right-of-way at the same place and time. (2) With Village Projects. Registrants who join in a scheduled excavation performed by the Village, whether or not it is a joint application by two or more registrants or a single application, are not required to pay the degradation portion of the excavation permit fee. (3) Shared Fees. Registrants who apply for permits for the same excavation, which the Department does not perform, may share in the payment of the excavation permit fee. Registrants must agree among themselves as to the portion each will pay and indicate the same on thei r applications. (o) SUPPLEMENTARY APPLICATIONS. (1) Limitations on Area. An excavation permit is valid only for the area of the right-of-way specified in the permit. No permittee may perform any work or excavate outside the area specified in the permit, except as provided herein. Any permittee which determines that an area gr eater than that specified in the permit must be excavated must, before working in that greater area (1) make application for a permit extension and pay any additional fees required thereby, and (2) be granted a new permit or permit extension. (2) Limitation on Dates. An excavation permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the perm it end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. (3) Fees for Supplementary Applications. A permittee shall pay administration costs for any additional permits. A permittee is not required to pay an additional degradation fee for the same excavation, if one has already been paid on the original permit. (p) OTHER OBLIGATIONS. (1) Compliance with Other Laws. Obtaining a permit to excavate and/or occupy the right-of-way does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by any other Village, County, State, or Federal rules, laws o r regulations. A permittee shall comply with all requirements of local, state and federal laws. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsi ble for all work done in the right-of-way pursuant to its permit, regardless of who does the work. (2) Prohibited Work. Except in an emergency, or with the approval of the Department, no right -of-way excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. (q) REVOCATIONS, SUSPENSIONS, REFUSALS TO ISSUE OR EXTEND PERMITS. (1) Grounds. The Department may refuse to issue a permit or may revoke, suspend or refuse to extend an existing permit if it finds any of the following grounds: Page 90 of 181 Created: 2025-10-07 14:03:29 [EST] (Supp. No. 29) Page 8 of 10 a. The applicant or permittee is required by subsection (d) to be registered and has not done so; b. The applicant or permittee is seeking to perform work not included in its construction and major maintenance plan required under subsection (g); which work was reasonably foreseeable by the applicant or permittee at the time said plan was filed; c. Issuance of a permit for the requested date would or interfere with an exhibition, celebration, festival, or other event; d. Misrepresentation of any fact by the applicant or permittee; e. Failure of the applicant or permittee to maintain required bonds and/or insurance; f. Failure of the applicant or permittee to complete work in a timely manner; g. The proposed activity is contrary to the public health, safety or welfare, including factors related to clear zones, fall zones and other similar concerns; h. The extent to which right-of-way space where the permit is sought is available; i. The competing demands for the particular space in the right -of-way; j. The availability of other locations in the right-of-way or in other rights-of-way for the facilities of the permit applicant; k. The applicability of ordinances or other regulations of the right -of-way that affect location of facilities in the right-of-way; l. The condition and age of the right-of-way, and whether and when its is scheduled for total or partial reconstruction; or m. The applicant or permittee is otherwise not in full compliance with the requirements of this chapter or other local, state or federal law. (2) Discretionary Issuance. Notwithstanding subsection (1)b., the Department may issue a permit where issuance is necessary (a) to prevent substantial economic hardship to a customer of the permittee or applicant, or (b) to allow such customer to materially improve its utility serv ice, or (c) to allow the permittee or applicant to comply with state or federal law or Village ordinance or an order of a court or administrative agency. (3) Appeals. Any person aggrieved by a decision of the Department revoking, suspending, refusing to issue or refusing to extend a permit may file a request for review with the Public Works and Highways Committee. A request for review shall be filed within 10 days of the decision being appealed. Following a hearing, the Public Works and Highways Committee may affirm, reverse or modify the decision of the Department. (r) WORK DONE WITHOUT A PERMIT. (1) Emergency Situations. Each registrant shall immediately notify the Village by verbal notice on an emergency phone number provided by the Village of any event regarding its facilities that it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Within 2 business days after the occurrence of the emergency the registrant shall apply for the necessary permits, pay the fees associated therewith and otherwise fully comply with the requirements of this Chapter. If the Village becomes aware of an emergency regarding a registrant's facilities, the Department may attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. The Village may take whatever action it deems necessary to protect the public safety as a result of the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency. Page 91 of 181 Created: 2025-10-07 14:03:29 [EST] (Supp. No. 29) Page 9 of 10 (2) Non-Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, excavates a right-of-way must subsequently obtain a permit, and shall in addition to any penalties prescribed by ordinance, pay double the normal fee for said per mit, pay double all the other fees required by this chapter or other chapters of the Village Code, deposit with the Department the fees necessary to correct any damage to the right-of-way and comply with all of the requirements of this chapter. (s) SUPPLEMENTARY NOTIFICATION. If the excavation of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the Department of the accurate information as soon as this information is known. (t) LOCATION OF FACILITIES. (1) Undergrounding. Under conformity with local, state and federal law, unless existing aboveground facilities is used, the installation of new facilities and replacement of old facilities shall be done underground or contained within buildings or other structures in confor mity with applicable codes except where otherwise authorized by the Department. (2) Corridors. The Department may assign specific corridors within the right-of-way, consistent with Wisconsin Public Service Commission standards. All excavation or other permits issued by the Department involving the installation or replacement of facilities shall de signate the proper corridor for the facilities at issue consistent with the Wisconsin Public Service Commission's corridor selection standards. (3) Limitation of Space. The Department may prohibit or limit the placement of new or additional facilities within the right-of-way if there is insufficient space to accommodate all of the requests of persons to occupy and use the right-of-way. In making such decisions, the Department shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but may prohibit or limit the placement of new or additional facilities when required to protect the public, health, safe ty or welfare. (u) RELOCATION OF FACILITIES. Except as prohibited by State or Federal law, a Registrant must promptly and at its own expense, with due regard for seasonal working conditions, permanently remove and relocate its facilities in the right-of-way whenever the Department requests such removal and relocation, and shall restore the right-of-way to the same condition it was in prior to said removal or relocation. The Department may make such request to prevent interference by the company's facilities with (i) a pre sent or future Village use of the right- of-way, (ii) a public improvement undertaken by the Village, (iii) an economic development project in which the Village has an interest or investment, (iv) when the public health, safety and welfare require it, or (v) when necessary to prevent interference with the safety and convenience of ordinary travel over the right-of-way. Notwithstanding the foregoing, a person shall not be required to remove or relocate its facilities from any right -of- way which has been vacated in favor of a non-governmental entity unless and until the reasonable costs thereof are first paid to the person therefor. (v) INTERFERENCE WITH OTHER FACILITIES DURING MUNICIPAL CONSTRUCTION. When the Village performs work in the right-of-way and finds it necessary to maintain, support, shore, or move a registrant's facilities , the Village shall notify the local representative. The registrant shall meet with the Village's representative within 24-hours and coordinate the protection, maintenance, supporting, and/or shoring of the registrant's facilities. The registrant shall accomplish the needed work within 72-hours, unless the Village agrees to a longer period. In the event that the registrant does not proceed to maintain, support, shore, or move its facilities, the Village may arrange to do the work and bill the registrant, said bill to be paid within 30 days. (w) INDEMNIFICATION. Permittee expressly acknowledges and agrees, by acceptance of the permit, to indemnify, defend, and hold harmless the Village, its officers, boards, committees, commissions, elected Page 92 of 181 Created: 2025-10-07 14:03:29 [EST] (Supp. No. 29) Page 10 of 10 officials, employees and agents, from and against all loss or expense (including liability costs and attorney's fees) by reason of any claim or suit, or of liability imposed by law upon the Village or its agents or employees for damages because of bodily injury, including death at any time resulting therefrom, sustained by any person or persons or on account of damages to property, including loss of use thereof, arising from, in connection with, caused by or resulting from the permittee's acts or omissions in the exercise of its rights under this permit, whether caused by or contributed to by the Village or its agents or employees. (x) ABANDONED FACILITIES. (1) Discontinued Operations. A registrant who has determined to discontinue its operations in the Village must either: a. Provide information satisfactory to the Department that the registrant's obligations for its facilities under this chapter have been lawfully assumed by another registrant; or b. Submit to the Department a proposal and instruments for dedication of its facilities to the Village. If a registrant proceeds under this clause, the Village may, at its option: i. Accept the dedication for all or a portion of the facilities; or ii. Require the registrant, at its own expense, to remove the facilities in the right -of-way at ground or above ground level; or iii. Require the registrant to post a bond or provide payment sufficient to reimburse the Village for reasonably anticipated costs to be incurred in removing the facilities. However, any registrant who has unusable and abandoned facilities in any right -of-way shall remove it from that right-of-way within 2 years, unless the Department waives this requirement. (2) Abandoned Facilities. Facilities of a registrant who fails to comply with subsection (1) and which, for 2 years, remains unused shall be deemed to be abandoned. Abandoned facilities are deemed to be a nuisance. In addition to any remedies or rights it has at law or in equity, the Village may, at its option (i) abate the nuisance, (ii) take possession of the facilities, or (iii) require removal of the facilities by the registrant, or the registrant's successor in interest. (3) Public Utilities. This section shall not apply to a public utility as defined by Wis. Stat. § 196.01(5). (y) RESERVATION OF REGULATORY AND POLICE POWERS. The Village, by the granting of a permit to excavate, obstruct and/or occupy the right-of-way, or by registering a person under this chapter does not surrender or to any extent lose, waive, impair, or lessen the lawful powers and rights, which it has now or maybe hereafter granted to the Village under the Constitution and statutes of the State of Wisconsin to regulate the use of the right-of-way by the permittee; and the permittee by its acceptance of a permi t to excavate, obstruct and/or occupy the right-of-way or of registration under this chapter agrees that all lawful powers and rights, regulatory power, or police power, or otherwise as are or the same may be from time to time vested in or reserved to the Village, shall be in full force and effect and subject to the exercise thereof by the Village at any time. A permittee or registrant is deemed to acknowledge that its rights are subject to the regulatory and police powers of the Village to adopt and enforce general ordinances necessary to the safety and welfare of the public and is deemed to agree to comply with all applicable general law, and ordinances enacted by the Village pursuant to such powers. (z) SEVERABILITY. If any section, subsection, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court or administrative agency of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Page 93 of 181 1 LICENSE AGREEMENT THIS LICENSE AGREEMENT ("this Agreement") is entered into by and between the Village of Germantown, a Village organized and existing under the laws of the state of Wisconsin (“Village”), and AT&T (“Licensee”), for the use of Village’s rights-of-way for the installation, operation and maintenance of telecommunications facilities. WHEREAS, the Village is the owner of certain public rights -of-way, and has adopted official standards governing the construction of facilities within those rights-of-way; and WHEREAS, the Village is authorized under applicable law , including Village of Germantown Code of Ordinance 8.065, to grant, renew and revoke licenses for the use of the public rights-of-way for the installation, operation and maintenance of telecommunications facilities within its municipal boundaries; and WHEREAS, Licensee desires to construct, install, operate, and maintain telecommunications facilities in and/or upon the Village's public rights -of-way (the "ROWs") within the Village's boundaries, subject to the provisions of this Agreement; and WHEREAS, the Village desires to permit Licensee to utilize the ROWs for such purposes, subject to the provisions of this Agreement; and WHEREAS, the Village Board has determined that establishing a License Agreement for telecommunications use of public rights-of-ways will provide an efficient and consistent framework for managing the deployment of telecommunications facilities , while ensuring compliance with applicable laws and Village standards, and without requiring a telecommunications company to seek separate Village Board approval for each site-specific permit involving a Village right-of-way; and WHEREAS, Licensee is authorized and empowered to enter into this Agreement and to perform the covenants and promises herein made and undertaken. NOW, THEREFORE, in consideration of the above stated preambles and the mutual covenants and promises hereinafter contained, the Licensee and the Village agree as follows: 1. Recitals. The foregoing recitals are hereby incorporated into this License Agreement as if fully set forth in herein. 2. Grant of License. For and in consideration of the mutual covenants herein, and subject to the terms and conditions set forth herein and compliance with all Federal, State and local laws and regulations, the Village grants a non -exclusive revocable license (“License”) to Licensee to use the ROWs to install, operate and maintain telecommunications and broadband equipment (the “Facilities”). This License does not convey to Licensee any right, title or interest (including Exhibit 4 - Draft Agreement for AT&T Page 94 of 181 2 leasehold interest) in the ROWs, but constitutes only a license to use and occupy the ROWs for the purposes stated herein. The rights granted to Licensee are and shall remain at all times subordinate to the Village’s superior rights of ingress, egress, and use of the public ROWs. This Agreement and the rights granted herein are non -exclusive and do not, explicitly or implicitly, preclude the Village from granting other licenses or permissions for the installation and operation of telecommunications facilities within the Village’s municipal boundaries. 3. Term. The term of this Agreement shall be for a period of five (5) years, beginning on the date approved by the Village Board and ending five (5) years thereafter, unless sooner terminated as provided for herein. Upon expiration of the initial term , this Agreement shall automatically renew for successive five (5) year . Either party may terminate this Agreement at the end of the initial term or renewal term by providing the other party with at least twelve months (12) months’ prior written notice of termination. 4. Title; Condition of ROWs. It is understood and agreed that the Village makes no representations, warranties, or assurances regarding: (a) the condition of title or boundaries of the ROWs; (b) the condition of any underground ducts, conduits, utilities, or other facilities within the ROWs; (c) any improvements or soil conditions located on the ROWs; or (d) the suitability of the ROWs for Licensee’s intended use. Licensee assumes all risks associated with the placement, operation, and maintenance of the Facilities within the ROWs, including the suitability of the ROWs for such Facilities. Licensee accepts the ROWs in an “AS IS, WHERE IS” condition, including any environmental conditions. Accordingly, the Village shall not be liable for any damages, claims, or liabilities arising from or related to adverse claims concerning the title, boundaries, or condition of the ROWs. 5. Location. The location of the Facilities shall be subject to approval by the Village’s Director of Public Works or designee. Unless otherwise specified in a permit issued by the Village, Licensee shall not place the Facilities in any manner that unreasonably interferes with the use of the ROWs by the Village, any utility, the general public, or other persons lawfully authorized to use or be present in the public ROWs. Licensee shall comply with all applicable Village ordinances and regulations , including the Village of Germantown Development Handbook, regarding permitting for the design, installation, operation, and maintenance of the Facilities. If any portion of the Facilities is designed to be installed in a location that does not comply with permit requirements or applicable standards, Licensee shall, at its sole cost and expense, promptly relocate such Facilities to a location approved by the Village. 6. Use of ROWs. In its use of the ROWs and any work performed thereon, Licensee shall comply with all applicable laws, ordinances, regulations, and requirements of Federal, State, County, and local regulatory authorities, including all applicable Village ordinances governing permitting and construction within the ROWs , including Germantown Munici pal Code §8.065, attached as an exhibit to this agreement. ExhibitVillage Ordinance for Telecommunications Page 95 of 181 3 Prior to work in the ROW , applicant to provide registration information as outlined in 8.065 sections (d) and (e). Upon autho rization from Village, Licensee shall use and occupy the ROWs solely for the installation, operation, and maintenance of the Facilities, which shall be limited to: • underground conduit, fiber optic telecommunications cable, and related equipment where existing similar utilities are underground; and • aerial fiber optic telecommunications cable and related equipment where existing similar utilities are aerial. Applicant shall satisfy all requirements of the excavation permit as outlined in the Village Code of Ordinances 8.06 and 8.065 Sections (g) and (h) . In addition, applicant to provide a traffic control plan conforming with the MUTCD , a staging plan showing equipment and materials storage areas, a communication plan for resident outreach and complaints, and a corresponding schedule for the traffic control and staging and operations. These plans are to be in accordancprovided by the applicant to the Village for review, comment and approval in a dvance of mobilizing and beginning work. It is specifically understood that the ROWs shall not be used for the burning of refuse, the accumulation or storage of debris or other material, or for any unsanitary or unhealthful purposes. All parts of Licensee’s Facilities shall be underground except in areas where existing similar utilities are aerial. Any unauthorized or impermissible use of the ROWs shall constitute a material breach of this License Agreement. 7. Installation, Operation and Maintenance. In performing any work or exercising any rights under this Agreement, Licensee shall not obstruct or interfere in any manner with the Village’s ROWs, existing utility easements, private rights-of-way, sanitary sewers, sewer laterals, water mains, storm drains, gas mains, poles, aerial facilities, or other existing telecommunications facilities without the express written approval of the Village or the owners, including franchisees, of the affected property. Maintenance of the Facilities within the ROWs shall be the sole responsibility of Licensee. Licensee shall maintain the Facilities in good and safe condition and in compliance with all applicable Federal, State, and local laws, regulations, and policies. T he Village reserves the right to enter upon and repair any damage to areas surrounding the licensed premises. If such damage is caused by Licensee, the actual, reasonable, and documented cost of such repair shall be borne by Licensee. Notwithstanding any provisions to the contrary, in the event of an unexpected repair or emergency (“Emergency Maintenance”), Licensee is required to notify the Village’s on site representative (Inspector) and may access the ROWs and commence such Emergency Maintenance work, following communication with the Director of Public Works and as required under the circumstances. Page 96 of 181 4 8. Marking. Prior to and during any installation or relocation of any underground cables or utility lines, Licensee shall contact the Diggers Hotline One Call System (commonly known as “Call Before You Dig” or “811”) to obtain planning prints for design and for hotline markings in the respective field location to ascertain the presence and location of existing aboveground and underground facilities within the ROWs to be occupied by Licensee’s Facilities and shall install route markers in accordance with applicable law . On application materials submitted to the Village, applicant to provide Diggers Hotline registration certificate number as required by Village of Germantown Ordinance 8.065 Section (e)(1)a, along with other contact registration information Licensee agrees that it will become a member of the One Call System (811) as a requirement of this Agreement. This system is designed to alert Licensee to planned work in the rights-of-way so that Licensee can mark the location of its Facilities to avoid damage. In the event the field markings are different than the plan drawings, such as due to changes in underground utility locations , Contractor to stop and cease work in that area, and applicant to resubmit updated plans for that excavation area. 9. Public Safety. Licensee or other person acting on its behalf, at its own expense, shall submit a traffic control plan for the placement and use of suitable barricades, flags, flagmen, lights, flares and other measures as required per the Manual for Uniform Traffic Control for the safety of all members of the general public and to prevent injury or damage to any person, vehicle or property by reason of any work in or affecting the ROWs or other property. The Village may require regular weekly meetings, and interim phone calls with the Foreman, to discuss safety and schedule and communication and overall project plans and progress. 10. Restoration of ROWs. Within fourteen (14) days after completion of initial construction operations or any repair, relocation, or removal of the Facilities, Licensee shall grade and restore all areas disturbed by such work to a condition substantially similar to that which exis ted prior to the work. This time period may be reasonably extended upon written request by Licensee for good cause shown. Applicant is required to notify the Village’s representative (Inspector) of restoration activity, as scheduled, to document the restoration condition and proceed as outlined in Village of Germantown Code of Ordinances 8.065 Sections (j) and (k). If weather or other conditions prevent full restoration within the required time, Licensee shall perform temporary restoration at its sole expense and shall promptly complete permanent restoration when conditions permit. In the event Licensee fails to restore disturbed areas or make necessary repairs to the ROWs or other Village property as required herein, the Village may, after providing Licensee with at least fourteen (14) days’ prior written notice and an opportunity to cure, perform or cause such restoration or repairs to be made. The Village may then seek reimbursement from Licensee for the actual, reasonable, and documented costs incurred, which shall be supported by invoices and documentation provided to Licensee. Licensee shall remit payment within thirty (30) days of receipt of such documentation. Alternatively, the Village may draw upon any security posted by Licensee to recover such costs. Page 97 of 181 5 11. Damage to Licensee’s Facilities. The Village shall not be liable for, and Licensee expressly waives, any claims for damage to or loss of Licensee’s Facilities within the ROWs arising from or in connection with public works, public improvements, construction, excavation, grading, filling, or other work of any kind in the ROWs by or on behalf of the Village, except to the extent such damage or loss is caused by the Village’s gross negligence or willful misconduct. 12. Reimbursement of Village Expenses. Licensee shall reimburse the Village for all actual, reasonable, and documented costs incurred by the Village for third-party contracted services and related expenses directly attributable to Licensee’s activities under this Agreement, including but not limited to: (a) inspection services; (b) engineering or technical review; (c) traffic control services; and (d) restoration work performed by contractors on behalf of the Village. The Village shall provide Licensee with written documentation of such costs, including copies of invoices and receipts. Licensee shall remit payment within thirty (30) days of receipt of such documentation. In accordance with Wisconsin statutory requirements, the Village shall not charge Licensee overhead or administrative costs in excess of those amounts recoverable under state law, and any such charges must be separately itemized and supported by documentation. This Section shall comply with applicable Wisconsin statutes and municipal ordinances governing municipal cost recovery. 13. No Transfer or Assignment. This License Agreement shall be binding upon and shall inure to the benefit of the parties and their successors and assigns. During the term of this License Agreement, Licensee acknowledges and agrees that it does not have the right or authority to transfer or assign this License Agreement or any interest herein without the prior written consent of the Village; provided, however that Licensee shall have the right, without the Village’s prior written consent, to assign or otherwise transfer this Licensee Agreement to any successor entity or affiliate or subsidiary of Licensee, or to any entity into which Licensee may be merged or consolidated or which purchases all or substantially all of the assets of Licensee. Any such written consent required under this Section 1 2 may not be unreasonably withheld or delayed . Any transferee or assignee must, at a minimum, show satisfactory evidence that it meets the insurance requirements and other terms, conditions, and provisions contained herein. 14. Indemnity/Hold Harmless. Each party (the “Indemnifying Party”) agrees to defend, indemnify, and hold harmless the other party (the “Indemnified Party”), including its officers, directors, employees, agents, affiliates, successors, and permitted assigns, from and against any and all third-party claims, actions, proceedings (including administrative or informal proceedings), judgments, damages, penalties, fines, costs, liabilities, or losses, together with reasonable Page 98 of 181 6 attorneys’ fees and other expenses, to the extent arising directly out of or directly related to: (a) the Indemnifying Party’s breach of this Agreement; or (b) the negligent acts, errors, or omissions, or willful misconduct of the Indemnifying Party or its contractors, agents, or employees in connection with activities undertaken pursuant to this Agreement. This indemnity shall not apply to the extent that any claim or liability results from the negligence or willful misconduct of the Indemnified Party. 15. Insurance. Licensee shall, at its sole expense, cause to be issued and maintained during the Term of this Agreement insurance coverages of the types and in the amounts set forth below, as applicable: Type of Insurance Limit General Liability (including General Aggregate $2,000,000 contractual liability) written Prod./Comp. Op. Agg. $1,000,000 on an occurrence basis Personal & Adv. Injury $1,000,000 Each Occurrence $1,000,000 Automobile Liability, including Combines Single Limit $1,000,000 any auto, hired auto and non- owned autos Excess Liability, Umbrella Form Each Occurrence $2,000,000 Aggregate $2,000,000 Workers’ Compensation Each Accident $ 500,000 Prior to commencing work on the Facilities described herein, Licensee shall furnish the Village with the appropriate Certificates of Insurance, and applicable policy endorsements. Licensee shall have the Commercial General Liability, Automobile Liability, and Umbrella/Excess Liability policies endorsed to add the “ Village of ______________, its officers, officials, agents and employees” as “additional insureds”. 17. No Encumbrances. Licensee shall not place, permit, or allow any liens, mortgages, security interests, pledges, claims, or other encumbrances to attach to or be filed against the Village’s title to the ROWs. This provision shall not restrict Licensee from granting security interests or liens in its own Facilities, provided that such interests do not encumber or otherwise affect the Village’s ownership of the ROWs. 18. Taxes. Nothing contained in this License Agreement shall be construed to exempt Licensee from any fee, tax, property tax levy or assessment, which is or may be hereinafter lawfully imposed on it relative to its use of the ROWs or its operation of the Facilities. Page 99 of 181 7 19. Termination. The Village may terminate this License Agreement and the License granted herein for any of the following reasons: (i) Fraud or Misrepresentation: Licensee knowingly made fraudulent, false, or materially incomplete statements in the permit application; or (ii) Failure to Cure Breach: Licensee fails to cure a material breach of this Agreement or noncompliance with any material provision after receiving written notice and a forty - five (45) day cure period; provided, however, that if such noncompliance cannot reasonably be cured within f orty-five (45) days, the cure period shall be extended for such additional time as is reasonably necessary under the circumstances, provided Licensee has commenced and is diligently pursuing such cure; or (iii) Public Safety Threat: Licensee’s physical presence or the presence of its Facilities within the ROWs presents a direct or imminent threat to public health, safety, or welfare; or (iv) Failure to Construct as Approved: Licensee fails to construct the Facilities substantially in accordance with the permit and approved plans; or (v) Traffic Control Deficiencies: Licensee fails to provide required traffic control and does not respond to Village requests to correct such deficiencies within a reasonable time frame. Upon termination of this Agreement for any reason, Licensee shall, within one hundred eighty (180) days of written notice from the Village, remove its Facilities from all Village ROWs and restore all ROWs as required herein. 20. No Waiver. The waiver by one party of any breach of this Agreement or the failure of one party to enforce at any time, or for any period of time, any of the provisions hereof will be limited to the particular instance and will not operate or be deemed to waive any fu ture breaches of this Agreement and will not be construed to be a waiver of any provision except for the particular instance. 21. Amendments. This Agreement represents the entire agreement between the parties. No oral changes or modifications of this Agreement shall be permitted or allowed. Changes or modifications to this Agreement shall be made only in writing and upon necessary and proper signature of the Licensee and the Village. 22. Notices. Any notice will be in writing and will be deemed to be effectively served when deposited in the mail with sufficient first-class postage affixed and addressed to the party at the party's place of business. Notices shall be addressed to designated representatives of both parties as follows: Page 100 of 181 8 Village: Village Clerk Village of Germantown N112 W17001 Mequon Road Germantown, WI 53022 Licensee: AT&T Attn: Jeff Oldenburg <Address> With a copy to: AT&T Attn: Legal – ROW Permitting <Address> 23. Severability. In the event that any provision of this License Agreement shall be held invalid or unenforceable by a court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereto. 24. Conflict with Village Ordinances. In the event of any conflict or inconsistency between the provisions of this License Agreement and any applicable Village ordinance, the terms of this License Agreement shall control and govern the rights and obligations of the parties with respect to the subject matter herein. 25. Law and Venue. This License Agreement shall be governed by, interpreted, and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of law principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in a state or federal court of competent jurisdiction located within the State of Wisconsin, and each party hereby consents to the jurisdiction and venue of such courts. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and to become effective as of the date first written above. AT&T VILLAGE OF GERMANTOWN By:_______________________________ By:________________________________ Printed:____________________________ Title: Printed:____________________________ Title: Village President Date: ______________, 20____ Date: ______________, 20____ Page 101 of 181 Created: 2026-01-06 12:38:25 [EST] (Supp. No. 30) Page 1 of 2 8.06 STREET EXCAVATIONS. (Rep. & Recr. Ord. #5-94) (1) PERMIT REQUIRED. (Am. Ord. #10-05) No person shall excavate in any street, alley or public ground without a permit therefore from the Public Works Department. (2) FEE. (Am. Ord. #9-00; Am. Ord. #10-05; Am. Ord. #36-05) (a) The following permit issuance and administration fees shall be collected by the Public Works Department prior to the issuance of any permit for excavating in the municipal right -of-way but outside paved or improved streets, and excavating within a paved or improved street, except that such fees shall nor apply to telecommunications carriers and utilities, public service corporations, and cooperative associations organized under Ch. 185, Wis. Stats., to furnish telecommunications, gas, light, heat or power services: 1. For excavating in the municipal right-of-way but outside paved or improved streets: $200.00. 2. For excavating within a paved or improved street: $500.00. (b) The following permit issuance and administration fees shall be collected by the Public Works Department prior to the issuance of any permit to telecommunications carriers and utilities, public service corporations, and cooperative associations organized u nder Ch. 185, Wis. Stats., to furnish telecommunications, gas, light, heat or power services, for excavating in the municipal right -of-way but outside paved or improved streets, and excavating within a paved or improved street: 1. For excavating in the municipal right-of-way but outside paved or improved streets, and for excavating within a paved or improved street: $150.00. (3) PROTECTION OF THE PUBLIC. (Am. Ord. #10-05) No permit shall be issued unless the method of construction and location of the work to be performed shall be such that the public safety and convenience will not be impaired. The person seeking the permit (1) shall erect and maintain su ch barriers, warning lights and signs in accordance with the Manual on Uniform Traffic Control Devices as to adequately inform the traveling public of the nature and location of the work being performed, and (2) shall comply wi th all provisions and conditions as stated on the permit. (4) REPAIR OF STREET OPENING. The person to whom a permit is issued under this section shall complete the work involved as soon as possible and shall immediately repair all pavements, gutters and sidewalks in as good condition as before the opening and as may be directed by the Villag e Engineer in accordance with standards and specifications established by the Public Works Committee and on file in the office of the Village Engineer. (5) CERTIFICATE OF INSURANCE REQUIRED. In addition, the applicant shall file with the Village Clerk a certificate of general liability and property damage insurance in the amount of $1,000,000.00 bodily injury per occurrence, $1,000,000.00 aggregate and $500,000.00 property damage per occurren ce, $500,000.00 aggregate, conditioned that the applicant will indemnify and save harmless the Village, its officers and agents against all injuries and property damage resulting or arising from any negligence on the p art of the applicant or his agents, employees or subcontractors and that such applicant or his insurer shall notify the Village, in writing, 10 days prior to the cancellation of any certificate of insurance afforded hereunder. (6) PERFORMANCE BOND. (Cr. Ord. #10-05) Applicant shall submit to the Public Works Department a performance bond or check in the amount of $1,500.00 to be returned upon satisfactory completion of road opening repair and final inspection. (7) EXPIRATION. (Cr. Ord. #23-10) Permits shall remain valid for 90 days from the date of issuance, after which the permit shall expire. Exhibit 5 - Village Ordinance for Excavation in the Right-of-Way Page 102 of 181 Created: 2026-01-06 12:38:25 [EST] (Supp. No. 30) Page 2 of 2 (8) PENALTIES. (Cr. Ord. #23-10) Persons who violate the terms of the permit or who neglect to receive an approved permit before beginning street excavation in the right-of-way shall be penalized as provided in section 25.04 of the Municipal Code. Page 103 of 181 BUSINESS OF THE VILLAGE BOARD MEETING DATE: March 16, 2026 PLACEMENT: Action Item ITEM TITLE: Contract with Ruekert & Mielke to design Main Street Lift Station and Old Farm Lift Station improvements in amount not to exceed $532,659.00 (ACTION) Updated Attachment SUBMITTED BY: Kevin Driscoll, Village Engineer, Timothy Zimmerman, Superintendent SUMMARY EXPLANATION: The Utility Advisory Committee, Public Works and Highway Committee and Village Board authorized the generation of the Sanitary Sewer System Facilities Plan in 2024 and finalized the Main Street and Old Farm Lift Station Facilities Plan Report in 2025. The Village Board approved a budget amount for a consultant contract to design improvements to the Main Street and Old Farm Lift Stations and force mains. Staff requested proposals to select consultants with experience in lift station design. The proposals are summarized: Firm Hours Amount Ruekert Mielke 2,917 $532,659 S.E.H. 3,952 $795,215 ATI 5,352 $1,094,478 MSA 6,513 $1,122,472 Hourly rates are comparable ranging from $172/hr to $204/hr, where the budgeted amount of hours is based on the respective consultants’ project background familiarity of the Village’s sanitary system. ATTACHMENT: 1. Germantown, Village of - Main St_Old Farm Lift Station_Force Mains STAFF RECOMMENDATION: Village Staff requests the Public Works and Highways Committee recommend to the Village Board the award of a contract for Consultant Design Services to Improve Main Street Lift Station and Old Farm Lift Station and Force Mains to Ruekert Mielke on a time and materials basis in an amount not to exceed $532,659. ACTION BY COMMITTEE: A motion to support authorize staff and a vote “Aye” is in the affirmative to support the contract award. Page 104 of 181 VILLAGE OF GERMANTOWN Consultant Design Services to Improve Main Street Lift Station and Old Farm Lift Station and Force Mains (#2609) February 20, 2026 Page 105 of 181 Ruekert Mielke W233 N2080 Ridgeview Parkway, Waukesha, WI 53188 262-542-5733 2 February 20, 2026 Matthew Mortwedt Director of Public Works Village of Germantown N112 W17001 Mequon Road Germantown, WI 53022 Re: Consultant Design Services to Improve Main Street Lift Station and Old Farm Lift Station and Force Mains (#2609) Mr. Mortwedt: Ruekert & Mielke, Inc. is pleased to submit our proposal to provide professional engineering services for the Main Street Lift Station and Old Farm Lift Station and Force Mains project. We have received and reviewed addenda 1 through 4 and have incorporated their requirements into this submittal. A Proven Team Aligned with the Village’s Project Goals The Village is undertaking a critical investment in its wastewater conveyance system to address aging infrastructure, improve reliability, and support long-term growth. Over 45 years of work with the Village culminated most recently in our collaboration on the Facilities Plan for this project. Our long-standing knowledge of the Village’s wastewater system, combined with the recent study efforts and ongoing engagement with Village staff, positions the R/M team and the Village to move forward with confidence in developing this project. In-House Expertise for Efficient Project Execution Our multidisciplinary, in-house team offers comprehensive expertise in wastewater process design, force mains, structural, mechanical, electrical, HVAC, environmental permitting, and SCADA integration. This approach provides continuity, clear accountability, and a coordinated design that supports constructability and long-term system performance. Proven Navigation of WDNR and Clean Water Fund Requirements Our environmental team offers extensive experience navigating WDNR and Clean Water Fund Program requirements. This expertise supports the Village’s regulatory compliance and funding objectives while minimizing delays during permitting and implementation. We appreciate the opportunity to support the Village on this important project and look forward to continuing our long-standing partnership. If you have any questions or would like additional information, please let us know. Sincerely, RUEKERT & MIELKE, INC. Dave Arnott, P .E. Project Manager darnott@ruekert-mielke.com Jerad Wegner, P .E. Client Liaison jwegner@ruekert-mielke.com Page 106 of 181 Ruekert Mielke Your Infrastructure Ally ruekertmielke.com 4 5 7 10 20 26 27 28 29 WHY R/M PROJECT UNDERSTANDING PROJECT APPROACH STAFF EXPERIENCE FIRM EXPERIENCE FIRM DESCRIPTION SCHEDULE CONSULTANT EFFORT & COST LEVEL OF EFFORT KEY DIFFERENTIATORS 45 YEARS OF EXPERIENCE IN THE VILLAGE WELL-ROUNDED PROJECT TEAM PERMITTING EXPERTISE Permitting for a project like this can be complex. Our in-house Environmental Team has years of experience navigating complex regulations and can efficiently get this project approved. R/M brings a well-rounded, experienced project team to the Village. Our expertise spans hydraulics, buried pipelines, mechanical, electrical, plumbing, structural, HVAC, site work, and more allowing us to keep everything in-house. Our understanding of the Village’s wastewater system and completion of the Facilities Plan for this project allows us to enter the design phase for this project efficiently. TABLE OF CONTENTS: 3 Page 107 of 181 Ruekert Mielke Your Infrastructure Ally ruekertmielke.com R/M’s reputation extends beyond the Village, with a proven history of Area operators consistently provide positive references to our work. • Lake Pewaukee Sanitary District • Village of Hartland • City of Oconomowoc • City of Pewaukee • Village of Pewaukee similar successful projects for communities across southeastern Wisconsin, including: Ruekert & Mielke, Inc. (R/M) is uniquely positioned to support the Main Street and Old Farm lift station and force main project with expertise, experience, and a deep understanding of the Village’s specific needs. R/M has worked with the Village for over 45 years on your sanitary sewer system and lift stations. We are familiar with your collection system, lift stations, permitting system, internal committee organization, approval processes, and SCADA system. This will reduce hassle and extra effort on the part of the Village for this project with a tight design timeline. Dave Beyer, Dave Arnott, and Jared Wegner offer a combined 72 years of experience with the Village. Our environmental group delivers comprehensive environmental permitting expertise. This is critical for this project with complex permits, such as waterway crossings, wetland permits and floodplain permits. We will work to identify the critical path for environmental and other permitting at the project onset through a permitting matrix that we will prepare initially with the preliminary Design Study Report. The R/M environmental group will be an asset to the Village for this project with multiple complex permits. R/M has a full-service team that includes electrical, mechanical, structural, plumbing, and HVAC. R/M acquired Axiom Consultants in 2024 to provide our clients with in-house structural, plumbing, and HVAC services. This advantage will provide the Village with structural, plumbing, and HVAC services will provide cohesion and consistency for the design project. R/M offers the Village of Germantown a high-value solution for this project. Our long history with your system, combined with in-house multidisciplinary and environmental expertise, allows us to anticipate challenges, streamline coordination, and deliver a cohesive design that supports reliable operations and long-term performance. EXPERIENCE WITH THE VILLAGE 16 YEARS Jerad Wegner, PE 26 YEARS Dave Arnott, PE 30 YEARS Dave Beyer Our Environmental Experts are skilled in compliance efforts and permits, including: Wetland & Waterway Disturbance Permitting Threatened Endangered Species Compliance Cultural, Archeological, & Historic Compliance Oversight The Axiom addition to R/M also brings enhanced building expertise and design to R/M. No subconsultants for electrical, mechanical, structural, plumbing, and HVAC will be used by R/M on this project. 4 WHY RUEKERT & MIELKE? Page 108 of 181 Ruekert Mielke Your Infrastructure Ally ruekertmielke.com The Village is undertaking a significant upgrade to its two primary wastewater conveyance assets: the Main Street and Old Farm Lift Stations and their associated force mains to address aging infrastructure, operational reliability, and long-term capacity needs. Both stations, constructed in 1986, are critical components of the Village’s conveyance system and are currently challenged by pump clogging, aging mechanical/electrical systems, limited ventilation, aging building assets such as roofing and brickwork, and capacity constraints associated with future growth, including anticipated full build-out with development in the Town of Richfield. The Village’s 2025 Facilities Plan, authored by R/M, outlines a comprehensive improvement strategy that increases conveyance capacity, enhances reliability and safety, and provides the redundancy needed for long-term system resilience. The final WDNR Facilities Plan approval is pending, and the R/M design will incorporate all elements as described in the approved plan. Lift Station Conditions & Drivers Both facilities are wet well/dry well stations with three pumps, a recirculation chopper pump for rag mitigation, and original 1986 equipment. The Main Street station provides 6,250 gpm of firm capacity, and Old Farm provides 7,400 gpm of firm capacity. While structurally sound, both stations require modernization to address capacity, ventilation, safety, and operational issues, particularly the persistent clogging problems that reduce pump efficiency and increase maintenance burden at the most critical times during wet weather events. Force Main Improvements At Main Street, the existing force main consists of a 16-inch ductile iron pipe, while at Old Farm, it is a 20-inch ductile iron pipe. These existing pipes will be retained and lined to backup systems for redundancy. New C-900 PVC force mains with larger diameters (20-inch and 30-inch) will be installed to deliver the increased conveyance capacity needed for anticipated growth. The new mains may follow the current alignment and are likely to be constructed using open-trench methods, which support cost- effectiveness and simplify both permitting and easement processes. Three options for force main alignment will be presented to the Village in the preliminary Design Study Report. We will coordinate with the Village to help determine the optimal force main route from each station. Process, Mechanical, HVAC, Electrical, and Structural Upgrades The project includes comprehensive mechanical improvements: new pumps and motors at Old Farm, upgraded pump impellers at Main Street, and full replacement of original check and plug valves. Aging overhead cranes require replacement due to parts unavailability. PROJECT UNDERSTANDING 5 Page 109 of 181 Ruekert Mielke Your Infrastructure Ally ruekertmielke.com Old Farm Lift Station Main Street Lift Station HVAC upgrades are essential to increase ventilation in the lower pump rooms and avoid Class I, Division 1 classification. Conversion from electric to natural gas heating, heat recovery units in the generator rooms, and corrosion-minimizing exhaust routing are key safety and energy-efficiency improvements for the HVAC systems. Electrical modernization includes new motor control centers, switchgear, PLC-based controls, and upgraded service capacity. The existing variable frequency drives will be reused. New Buildings and Facility Enhancements Two significant new structures will be constructed at each site: the Generator Buildings and the Screenings Buildings. Both will be designed to match the architecture of the existing buildings and will provide expanded functionality. Natural-gas-powered standby generators will be appropriately sized to supply power to all three pumps at each station, ensuring full redundancy and resiliency during outages. The new Screenings Buildings will include an automated fine screen and washer/compactor, which will greatly reduce the frequency of pump clogging and the amount of pump maintenance required. Building and site upgrades will include roof replacement, tuckpointing, wet well HVAC improvements, wet well crack sealing, and replacement of access door interlocks. These improvements are intended to extend the life of existing assets and enhance operator safety. Funding and Regulatory Framework The Village intends to finance the project through the WDNR Clean Water Fund Program (CWFP), which provides low-interest loans and can significantly reduce life-cycle costs. Design must therefore incorporate all CWFP requirements, including Buy America, Build America (BABA) provisions, documentation for financial assistance, and coordination with WDNR throughout permitting and bidding. Old Farm Motor Control Center Main Street Pumps 6 Page 110 of 181 Ruekert Mielke Your Infrastructure Ally ruekertmielke.com There are several technical factors that we will be focusing on early in the project: R/M will utilize our full-service team with our technical expertise to deliver a complete, accurate, constructible, and CWFP-compliant project while minimizing operational disruptions and ensuring long- term performance. 1. Project Initiation and Data Collection We will begin with a comprehensive kick-off meeting to confirm project goals, facility constraints, schedules, and design preferences. Early tasks include: • Reviewing the Facilities Plan and integrating any WDNR feedback. • Verifying pump curves, hydraulic conditions, and operational histories. • Conducting field assessments of structural, mechanical, HVAC, electrical, and Instrumentation & Control (I&C) components. • Surveying force main routes for constructability, utility conflicts, and restoration needs. We plan to use a drone flight for each force main route. We have used drones before on utility projects in the last 5 years to efficiently capture existing utility (paint and flags) and topographic information. These initial tasks were completed by R/M in the successful design of the recent Lake Pewaukee Sanitary District Lift Station 13 Reconstruction project. We will use this experience for the Village of Germantown. 2. Basis of Design Development As a foundation for our design, we will prepare a preliminary and final Design Study Report (DSR) that clearly defines: • A listing of project upgrades based on our kickoff meeting and initial coordination. PROJECT APPROACH R/M will confirm that new station piping is not required for the Old Farm lift station. We expect the fittings immediately before and after the pumps may have to be replaced. We will confirm that no additional pump room space is needed at the Old Farm station. The size of the screening facilities at each station will be critical. The hydraulics of sewer system immediately upstream of each lift station are very important. We will have to determine how much the sewer can be surcharged at each station with a partially blinded screen. It is likely that a screen with a lower capacity compared with the projected peak hour (8.0 MGD for Main Street and 13.7 MGD for Old Farm) capacity may be economical and still provide a significant reduction in the amount of rags entering the wet well. In general, residents do not use more rags in wet weather when flow rates to the lift stations are the highest. However, we also realize that higher-than-normal flow rates can dislodge rags that are caught up in the sewers and temporarily cause a release of significant rags in a slug. The pump controls will be analyzed to accommodate the temporary higher flow rates to the wet well when the screen takes several steps clearing the screen field. When this happens, wastewater at a high flow rate will enter the wet well. R/M will coordinate the screen controls with the pump controls to optimize overall performance. The methodology of lining the existing force main with its bends will be investigated. Detailed specification and design will be completed based on coordination with multiple contractors. R/M has already started this process in the lift stations Facilities Plan. 1 2 3 4 7 Page 111 of 181 Ruekert Mielke Your Infrastructure Ally ruekertmielke.com • An initial size, location and configuration of the Generator and Screenings Buildings. • Three alternatives to the force main alignment for each station. • We will identify how the new force main for Old Farm Lift will be constructed with respect to the Village’s plan to reconstruct Division Road in 2027 from the Jefferson Creek to County Line Road. • Force main lining methodology and constructability. R/M will meet and coordinate with the Village on the preliminary and final Design Study Report. After coordination with the Village and a decision on the chosen route, a Final Design Study Report will be issued along with 30% plans. The deliverables of this report and plans are: • Pump selection and hydraulic modeling for both stations and force mains. • Mechanical and HVAC design standards consistent with code and safety requirements. • Initial footprint, layout, size, and configuration for the new Generator and Screenings Buildings. • Initial electrical one-lines, MCC and PLC configurations, and standby power needs. • Wet well rehabilitation approach and confined- space entry improvements. • Open-trench force main construction sequencing and traffic/restoration requirements. • Geotechnical analysis of the lift station sites and chosen force main route. • 30% plans. • Initial cost estimate. The DSR will be reviewed collaboratively with Village staff to ensure alignment before progressing to detailed design. 3. Detailed Design (60% and 90% Submittals) Design will proceed through structured milestones, each accompanied by cost estimates and permitting updates. Key design elements include: Force Mains: Plan and profile drawings, air release valves, connection/tie-in details, and lining approach for the existing mains. Lift Station Improvements: Pump sizing, structural modifications, valve replacement details, crane replacements, and wet well rehabilitation specifications. Buildings: Architectural, structural, HVAC, plumbing, electrical, and controls design for both new buildings. Electrical Systems: New MCCs, PLC panel design, generator integration, grounding, and safety compliance. I&C and SCADA: Standardized controls architecture that aligns with Village preferences. We will coordinate the new designed controls and telemetry equipment at each location with the Village’s SCADA system. SCADA design will be completed. SCADA integration (most of item Addendum 2, item 5.7.1) will be completed in a future construction phase. Constructability reviews at each stage ensure safe sequencing, efficient tie-ins, and minimized downtime. 4. Permitting and CWFP Coordination We will prepare all WDNR submittals required for: • WDNR lift station and force main plan review and permitting. • Environmental permits (floodplain, storm water, wetland and waterway, other). • CWFP Application and Financial Assistance Agreement and loan closing coordination after the bidding process. Old Farm Hydraulic Curve From Study 8 Page 112 of 181 Ruekert Mielke Your Infrastructure Ally ruekertmielke.com • Buy American Build American compliance and material certifications. Our team maintains up-to-date knowledge of WDNR review timelines and will coordinate closely to avoid schedule delays. 5. Public Bidding Support We will prepare complete, biddable, and clear contract documents including front-end specifications consistent with CWFP requirements (e.g. Disadvantaged Business Enterprise solicitation, Federal wage rates, and Buy America, Build America provisions). Bidding services include: • Conducting a pre-bid meeting. • Answering bidder questions. • Managing addenda. • Attending bid opening. • Reviewing bids and preparing award recommendations. • Our scope includes bidding services for the Old Farm and Main Street projects separately. Main Street will likely be approximately one year after the Old Farm bidding. 6. Construction-Period Support (If Authorized) Although construction management is not part of the RFP , our documents will be prepared with construction-phase clarity in mind. Subconsultants R/M does not propose the use of subconsultants for this project. We will complete all work in-house, which will streamline coordination and support efficient project delivery while keeping the project on schedule. PROJECT SUCCESS We will utilize our technical expertise and knowledge of the Village to deliver a high-quality design for this crucial project. By grounding design decisions in the Facilities Plan, engaging closely with Village operators, and aligning with WDNR CWFP requirements, we will deliver a project that meets future growth needs, enhances safety, and extends the life of critical wastewater assets. Project Flexibility The R/M team also offers the Village project flexibility in the following aspects: R/M will present the option to the Village to bid the Old Farm lift station and force main project approximately 1 year before the bid for the Main Street lift station and force main. R/M will present the option to the Village to bid both lift stations and force main together. In this case, there would be one phase construction project. R/M will present three force main route options for each lift station. The Village can choose the option that is optimum for cost and ongoing maintenance. 9 Page 113 of 181 Ruekert Mielke Your Infrastructure Ally ruekertmielke.com 10 Project Manager Dave Arnott, P .E. ORGANIZATIONAL CHART Project Engineer Ethan Botmen, P .E. Electrical Engineer Eric Widas HVAC/Plumbing Engineer Joe Lomheim, P .E. Structural Engineer Justine Siglin, P .E. Client Liaison Jerad Wegner, P .E. SCADA Analyst Dave Beyer Project Engineer, Quality Control Don Heikkila, P .E. Matt Mortwedt, Tim Zimmerman, Kevin Driscoll Environmental Specialists Kaley Simonis Tiffany Wagner, AEP Force Main Project Engineers Shane Davis, P .E. Mike Blazejovsky Page 114 of 181 Ruekert Mielke Your Infrastructure Ally ruekertmielke.com DON HEIKKILA, P .E. Project Engineer, Quality Control Don brings more than 27 years of experience in the water and wastewater industry. He has expertise in process mechanical, instrumentation, electrical, and building systems. Don’s strong attention to detail and focus on completeness support his role in quality assurance. DAVE ARNOTT, P .E. Project Manager Dave will serve as the Project Manager and oversee overall management for the design and bidding phases. He has more than 25 years of experience in the municipal water and wastewater industry and has completed numerous lift station projects. His expertise includes hydraulics, pump selection, process mechanical design, and lift station plumbing and HVAC. His experience spans the planning, design, bidding, and construction phases. ETHAN BOTMEN, P .E. Project Engineer Ethan will lead the site, process mechanical, and building design. He has four years of experience in the municipal water and wastewater industry, including a recent design project with upgrades at 21 lift station locations. Typical improvements included pump replacements, hydraulic upgrades, and building design. DAVE BEYER SCADA Analyst Dave will assist Eric with the controls and telemetry design for the new lift station components. During construction, Dave will lead telemetry coordination for alarms and generator operational status. He will ensure this information is integrated into the station PLC and communicated back to the City’s main SCADA system. ERIC WIDAS Electrical Engineer Eric will serve as the Project Engineer for electrical and controls. He has completed several lift station upgrades with new or replacement natural gas powered standby generators. He designs 480V power distribution for R/M water and wastewater projects and has experience with SCADA systems, including PLC programming. Eric will work closely with Dave Beyer to ensure the correct controls, SCADA, and telemetry components are specified for the new station. SHANE DAVIS, P .E. MIKE BLAZEJOVSKY Project Engineers Mike will design the existing force main lining and assist Shane with the new force main design. They recently completed the design and construction management of 7,000 feet of force main for the Lake Pewaukee Sanitary District. They will apply this experience to the Village of Germantown project. JUSTINE SIGLIN, P .E. Structural Engineer Justine is a Senior Structural Engineer with over a decade of experience in building design and construction. She will lead the building design for the Screening and Generator Buildings at each lift station. JOE LOMHEIM, P .E. HVAC and Plumbing Engineer Joe is a Senior Mechanical Engineer with over 15 years of experience in building systems design and construction with plumbing and HVAC. He will lead the plumbing and HVAC design for the Screening Building, Generator Building and existing buildings at each lift station. KALEY SIMONIS TIFFANY WAGNER, AEP Environmental Specialists Kaley and Tiffany will oversee environmental compliance, including wetland and waterway disturbance permitting, threatened endangered species compliance, and cultural, archaeological, and historic compliance oversight. 11 OUR TEAM Page 115 of 181 Ruekert Mielke Your Infrastructure Ally ruekertmielke.com EXPERIENCE Dave is an experienced project manager specializing in wastewater infrastructure design and improvement. He has led numerous lift station and treatment facility upgrades, focusing on enhancing safety, efficiency, and providing capacity for future growth. Dave has successfully managed projects involving influent pumping system upgrades, screening facilities upgrades, and standby power improvements. With a strong ability to lead multidisciplinary teams, he ensures projects are completed on time and within budget while prioritizing reliability and cost-effective solutions that benefit operators and communities for decades. LIFT STATION EXPERIENCE Atkinson Street Lift Station Upgrade Village of Mukwonago This project upgraded the Village’s largest lift station by converting the existing dry pit station to a submersible design, eliminating confined space hazards associated with the buried steel pump chamber. The improvements significantly increased station capacity to support future development in the tributary area. A new control building now houses the valves and controls near the wet well, and the station was upgraded from a duplex to a triplex design. The enhanced system also resolved issues with rags accumulating on pump impellers. The existing wet well was reused to reduce costs, and the station now operates without confined spaces. Wastewater Treatment Facility Influent Lift Station Upgrade Village of Mukwonago To meet increased influent pumping demands, this project converted an existing dry pit station with a buried steel pump chamber into a modern dry pit design within a heated, well-lit, and ventilated pump room, eliminating confined space hazards. The new underground pump room houses three larger-capacity dry pit submersible pumps, piping, and valves, providing a peak hour capacity of 3,600 GPM. Upgraded pumps prevent rag accumulation, improving facility operations. Variable speed drives and enhanced controls were also implemented for better performance during peak events. 12 DAVID W. ARNOTT, P .E. PROJECT MANAGER With 27 years of municipal wastewater experience, Dave interfaces with multiple internal project stakeholders to ensure alignment and efficiency on the design process. He is committed to delivering high-quality results and will work closely with the Village to ensure a reliable, long-term solution for the Old Farm and Main Street lift station and force main project. Dave realizes that close communication with the Village throughout the design process is critical to success. • Screening Processes • Hydraulics • Mechanical Equipment • Standby Power • Energy Efficiency • Force Main Design EXPERTISE: CONTACT 262.542.5733 darnott@ruekert-mielke.com Waukesha EDUCATION • Master of Science, Civil Engineering and Mechanics - University of Wisconsin, Milwaukee • Bachelor of Science, Civil and Environmental Engineering - University of Wisconsin, Madison Page 116 of 181 Ruekert Mielke Your Infrastructure Ally ruekertmielke.com DAVID W. ARNOTT, P .E. PROJECT MANAGER Kopmeier Drive Lift Station Village of Pewaukee This project upgrades the existing dry pit lift station to a submersible design, eliminating confined space hazards associated with the buried pump and valve chamber. The improvements increase station capacity to accommodate future growth in the tributary area. A new adjacent control building will house valves, controls, and a standby generator, while the existing concrete wet well will be preserved with an epoxy coating for longevity. Variable speed drives will enhance pumping rate flexibility, and special permitting was required due to the station’s proximity to a railroad. This project is currently in construction. Wastewater Treatment Facility Influent Lift Station Upgrade City of Columbus The City needed extra capacity for its influent pumping at the wastewater treatment facility. Five vertical line shaft pumps were replaced with three larger capacity dry pit submersible pumps for maintenance considerations. The pumps were located in an existing lower level pump room in a building. Valve and pipe fitting changes were made too. With the different style pumps, staff no longer must grease shaft couplings at elevated levels increasing safety. The station capacity was expanded to over 3,500 gpm. The newer pumps no longer catch rags improving the operation of the facility. The pump motors were outfitted with variable speed drives and the controls were upgraded for improved operation during peak events. Jericho Acres Lift Station Upgrade City of Pewaukee This project upgraded an existing dry pit station to a submersible design, eliminating the buried steel pump chamber and associated confined space hazards. The existing wet well was reused to reduce costs. A new building was constructed to house pump controls, switchgear, valves, and a standby generator, with valve access available from both inside and outside the building. The upgrade also increased station capacity to accommodate future development in the tributary area. WWTF UPGRADE EXPERIENCE Wastewater Treatment Facility Screening Upgrade City of Columbus The City replaced their screening facilities that were located on the wet well deck level. The new screen and washer/compactor were located on the finished floor level. The upgrade improved operator safety by eliminating the need to manually carry bagged screenings up a staircase 25 feet deep on a daily basis. The project greatly reduced the operators from needing to access the lower level of the influent wet well which contained hazardous gases. The project included much updated screening and washing equipment and ventilation equipment that benefited the City with enhanced operations. Grit Removal System Wastewater Treatment Facility Upgrade City of Oconomowoc Project Manager for the replacement and upgrade of the facilities grit removal system. Dave led a technical team for planning. design, and construction management for a newer, more efficient grit removal system. This project included mechanical, hydraulic, structural, electrical, and control components. The upgraded system allowed the facility to capture more grit protecting downstream processes and tanks. Wastewater Treatment Facility & Screening Addition Village of Mukwonago The Village replaced their comminuter (cutting and grinding) facilities with screening facilities. A new fine screen was placed in the lift station wet well deck. Rags and debris were removed before the wastewater fell to the lower wet well level. Screenings were automatically transferred to the ground floor level of a building addition where the screenings compactor was located. Here, the screening were washed and compacted before being compressed and collected in a rolling dumpster for disposal. The project included new plumbing, electrical and HVAC equipment for code requirements. The project allowed inert material to be removed at the headworks of the facility instead of collecting in downstream tanks and treatment processes. The farm-applied biosolids from the facility are now cleaner and do not contain rag material that was previously only cut up in smaller pieces. 13 Page 117 of 181 ruekertmielke.com Your Infrastructure Ally Ethan has hands-on and project administration experience with a wide range of municipal engineering and pursued his master’s studies to focus on water and wastewater treatment. Ethan focused on studying the biochemistry involved in treating a variety of constituents, as well as experimenting with different water treatment technologies. EXPERIENCE Lift Station 13 Reconstruction Lake Pewaukee Sanitary District The goal of this project was to convert an existing wet well/dry well “can-style” lift station into a submersible station without routine confined entry concerns. Ethan assisted in the mechanical design of the system and site design, as well as coordinating between disciplines for a canopy-covered wet well and controls building. Mukwonago WWTF Biosolids Study Village of Mukwonago For this ongoing study, Ethan checked calculations for solids generation, developed conceptual designs for alternatives, and conducted equipment sizing and cost coordination. This study will provide the Village with a plan for more efficient management of their biosolids including the potential to accept high strength waste. Waterford Lift Station Upgrades Waterford Sanitary District #1 This design project was to upgrade lift station facilities that were determined to have undersized pumping capabilities in a previous study. Ethan assisted in hydraulic calculations and subsequent pump sizing. He also worked on the site and mechanical design at multiple lift stations, and is currently assisting in ongoing construction administration. Main Street & Old Farm Lift Station Facilities Plan Report Village of Germantown This study focused on identifying the upgrades necessary for two major lift stations in the Village. Ethan assisted in hydraulic calculations and cost estimating for establishing a plan and budget for improvement. Evergreen Lift Station Upgrades City of Cedarburg This project converted an existing wet well/dry well “can-style” lift station into a submersible station with an above ground control and valve building. Ethan was the project manager for this project and designed the hydraulic and mechanical features as well as site design for the lift station and nearby access driveway. ETHAN J. BOTMEN, P .E. PROJECT MANAGER CONTACT 920.876.6382 ebotmen@ruekert-mielke.com Green Bay EDUCATION • B.S. - Civil & Environmental Engineering - University of Wisconsin, Madison • M.S. - Civil & Environmental Engineering - University of Minnesota, Twin Cities REGISTRATIONS & AFFILIATIONS • Professional Engineer - WI 14 Page 118 of 181 ruekertmielke.com Your Infrastructure Ally Don has over 25 years of experience with planning, design, and construction administration related to Wastewater Pumping, Wastewater Treatment, and Water Supply and Treatment facilities. Don is the engineer of record for the Erie Sewer Authority and is the project manager for planning studies and capital projects for the City of Erie/ Erie Sewer Authority Wastewater Treatment Plant. EXPERIENCE Wastewater Treatment Facility Upgrade City of Oconomowoc Lead designer for grit removal system. Project involved replacing the aeration system and grit collection and dewatering system for the existing aerated grit chambers with an induced vortex stacked tray grit removal system and the installation of grit pumps and high efficiency grit classification and dewatering equipment. The project also involved repairs and painting of circular sludge and scum collector mechanisms in one primary clarifier and one secondary clarifier. Wastewater Treatment Facility Upgrade Village of Mukwonago Lead designer. The project involved rehabilitating the existing floating covers for anaerobic digesters, the addition of a pumped mixing system for the anaerobic digesters, replacement of the grit pump and grit classifier and dewatering equipment, enhancements to the grit chamber, and the addition of a septage receiving station. Wastewater Treatment Facilities Design & Planning Sewage Lift Stations Industrial Wastewater Treatment Design & Operation Assistance • Industrial Meat Processing • Dairy/Cheese, WI & MN CONTACT 920.876.6382 dheikkila@ruekert-mielke.com Green Bay EDUCATION • B.S. - Environmental Engineering - Michigan Technological University REGISTRATIONS & AFFILIATIONS • Professional Engineer - WI, PA • Central States Water Environment Association (CSWEA) • Water Environment Federation (WEF) • Wisconsin Wastewater Operators Association (WWOA) • American Waterworks Association (AWWA) DONALD J. HEIKKILA, P .E. PROJECT ENGINEER, QA/QC » professional « engineer P .E. • City of Oconomowoc • City of Peshtigo • Village of Suring • Salem Utility District • City of Waupaca • City of Erie • Town of Baileys Harbor • Village of Mukwonago • City of Oconto Falls • Village of Crivitz • Village of Suamico • City of Peshtigo • Village of Mishicot • Kenosha County Parks • Delevan Lake Sanitary District • City of Columbus • Village of Mukwonago • Village of Crivitz 15 Page 119 of 181 16 ruekertmielke.com SHANE DAVIS, PE FORCE MAIN PROJECT ENGINEER Shane is a project engineer with experience in the design and planning of water supply, distribution systems, and booster stations. Shane also has experience with drinking water and wastewater treatment processes design and construction administration. ADDITIONAL EXPERIENCE MIKE BLAZEJOVSKY FORCE MAIN PROJECT ENGINEER • Water Distribution System Modeling | Village of Howard • Well Head Protection Programs | Village of Oregon • Well Site Investigation | Village of Menomonee Falls Office 90.876.6382 Email sdavis@ruekert-mielke.com Education Master of Science, Civil & Environmental Engineering - Brigham Young University, Utah Bachelor of Science, Civil Engineering - Brigham Young University, Idaho Office 262.542.5733 Email mblazejovsky@ruekert-mielke.com Education Bachelor of Science, Civil Engineering - Marquette University PROJECT HIGHLIGHTS Lift Station 13 Force Main | Lake Pewaukee Sanitary District Shane designed 7,000 feet of new 16-inch force main for the LPSD’s Lift Station 13. The force main is located under a county trunk highway and was carefully designed around existing utilities including water, sewer, gas, and communication lines. Shane’s responsibilities included creation of project drawings, specifications, and project contract, obtain DNR approval, and construction administration. State Highway 117 Water Main Replacement | Village of Bondeul Shane was the primary design engineer for a water main replacement along State Highway 117. The project included roughly 2,700 feet of new water main. Shane’s responsibilities included water main design and writing project specifications for review within the Wisconsin Department of Transportation. Mike has extensive experience managing a wide variety of projects including sanitary and storm sewer inspection, sewer condition analysis, sewer main and lateral rehabilitation, chemical grouting, manhole rehabilitation, sanitary and storm sewer design, sanitary sewer inflow and infiltration studies, cost estimating, and quantity take-offs. Mike also has unique field experience with hands-on installation of sewer, water, and storm utilities as well as design, permitting, and installation of Private Onsite Wastewater Treatment Systems (POWTS) in the State of Wisconsin. ADDITIONAL EXPERIENCE • Sanitary Sewer System Facilities Plan | Village of Germantown PROJECT HIGHLIGHTS Lift Station 13 Force Main | Lake Pewaukee Sanitary District Completed design, bidding, and construction management for a 7,000 linear foot 16-inch diameter force main installation to serve a new pumping station and alleviate capacity issues within the LPSD sanitary system. The project required significant coordination with other municipal and County stakeholders and was completed early and under budget. Sanitary Sewer Interceptor Rehabilitation | Lake Pewaukee Sanitary District Completed planning, design, bidding, and currently managing construction of televising, lining, and grouting of the Sanitary District’s main sanitary sewer interceptor, which showed signs of severe deterioration in many locations. A key component of the project was planning for bypass of the District’s main lift station, pumping almost continuously through an existing 16” Force Main. Page 120 of 181 17 ruekertmielke.com JUSTINE SIGLIN, PE STRUCTURAL ENGINEER Justine is a Senior Structural Engineer with over a decade of experience in building design and construction. She specializes in multi-story wood, concrete, and steel structures, as well as architectural integration, existing building analysis, and historic rehabilitation. As a team leader, Justine manages projects from concept through completion, ensuring tailored, cost-effective solutions that meet client goals. ADDITIONAL EXPERIENCE JOE LOMHEIM, PE HVAC & PLUMBING ENGINEER • Reasoner Dam Analysis | City of Humboldt • Muscatine County Maintenance Building | City of Muscatine Office 319.519.6220 Email jsiglin@axiom-con.com Education Bachelor of Science, Civil Engineering (Structures) - Iowa State University Office 319.519.6220 Email jlomheim@axiom-con.com Education Bachelor of Science, Mechanical Engineering - University of Iowa PROJECT HIGHLIGHTS Lift Station 13 Reconstruction | Lake Pewaukee Sanitary District Justine completed the structural design efforts, project drawings, and specifications for a new control building, a new adjacent wet well structure, and a canopy structure covering the wet well. The control building was designed as a masonry structure with a wood framed roof, supported on traditional shallow foundation system. The interior design aspects of the control building included a recessed in ground control room, generator pad, and equipment hoist beam. The wet well structure was designed out of concrete and extended 36 feet below grade. The owner also requested the design of a steel framed, open air, canopy structure over the surface of the wet well. Integrated into the design of the canopy was a hoist beam system and two operable roof hatches. The roof hatches were controlled by a hydraulic ram system allowing the hatches to be opened, providing the required access for pumping equipment to easily gain entrance into the wet well for required maintenance and pumping. Joe is a Senior Mechanical Engineer with over 15 years of experience in building systems design and construction. He leads the Mechanical, Electrical, Plumbing, and Technology (MEPT) Division, specializing in systems analysis, specialty studies, and building rehabilitation. He oversees multidisciplinary coordination and ensures seamless delivery from kickoff to completion. His expertise and leadership make him a trusted consultant for integrated solutions that align with client goals. ADDITIONAL EXPERIENCE • The MoLo Historica Rehabilitation | City of Des Moines • Field Day Brewery Co. | City of North Liberty • MidAm Building Supply New HQ | City of Mount Pleasant PROJECT HIGHLIGHTS Harrison Elementary School Additions & Renovations | City of Cedar Rapids Joe provided mechanical engineering leadership for the Harrison Elementary School additions and renovations. His work included HVAC system design, plumbing layouts, and integration with architectural plans to ensure energy efficiency and occupant comfort. Iowa River Power Building Rehabilitations | City of Coralville Joe managed mechanical system upgrades for the historic Iowa River Power Building. He focused on modernizing HVAC and plumbing systems while preserving the building’s character and meeting current code requirements. Page 121 of 181 18 ruekertmielke.com ERIC WIDAS ELECTRICAL ENGINEER Eric has more than 34 years of design and project management experience in the water, automotive, pulp and paper, food, packaging and personal hygiene industries. Eric has a broad range of skill sets including facility power distribution, generators, motor control, instrumentation, CAD, and PLC/SCADA software. ADDITIONAL EXPERIENCE DAVE BEYER SCADA ANALYST • Lift Station Upgrades | Village of Hartland, Village of East Troy, Village of Pewaukee • Well 4 HMO Treatment Upgrade | Village of Pewaukee • SCADA & PLC | City of New Berlin • Wastewater Treatment Facility Aeration Expansion | Village of Slinger • Booster Station Upgrades | City of Muskego Office 920.876.6382 Email ewidas@ruekert-mielke.com Education Bachelor of Science, Electrical Engineering - Michigan Technological University Office 262.542.5733 Email dbeyer@ruekert-mielke.com Education Associate of Science, Electrical Engineering Technology - Wisconsin School of Electronics PROJECT HIGHLIGHTS Lift Station Upgrades | Waterford Sanitary District 20 Lift Station upgrades included electrical designs for three new generator/pump control buildings, new pump control panel specification for all locations, instrumentation and PLC/SCADA upgrades. Well 3 Upgrade & Well 6 Building | Village of Oregon Well 3 upgrade included electrical designs for replacing an existing MCC, new outdoor generator, chemical rooms additions, SCADA/PLC panel replacement, and other facility upgrades. Well 6 new construction included electrical designs for a MCC, building lighting, HVAC, chemical rooms, filter system, PLC/SCADA panel, and generator. Dave brings over 30 years of SCADA experience that includes the design, configuration, start-up, training, and operations support of SCADA systems for water and wastewater utilities. ADDITIONAL EXPERIENCE • SCADA System Design & Analysis • Design & Integration of Controls and SCADA Telemetry (Lift Station Rehabilitation/Upgrade) • PLC Programming & Network Design PROJECT HIGHLIGHTS Water & Wastewater Utility - SCADA System | Village of Grafton Responsibilities included: Evaluation of SCADA system status and preparation of System Analysis report; SCADA system hardware and software design; SCADA computer network and radio network design; supervision of radio system hardware installation and configuration; coordination of the project team throughout system design and deployment; on-going support for the entire SCADA system. Village of Germantown • SCADA Service Work • SCADA Upgrades • Goldendale Booster SCADA Integration • Well 4 Controls & SCADA • Well 7 SCADA PLC Integration • Well 12 SCADA Integration • SCADA Radio System Upgrade Page 122 of 181 19 ruekertmielke.com KALEY SIMONIS ENVIRONMENTAL SPECIALIST & PERMITTING Kaley brings more than 15 years of experience in environmental project management and planning. She specializes in complex permitting, and excels in coordinating field data collection, government communication, and stakeholder engagement to ensure the successful completion of permit applications. Her strategic approach to ecological assessments has led to the successful delineation, routing, and oversight of environmentally sensitive projects. ADDITIONAL EXPERIENCE TIFFANY WAGNER, AEP ENVIRONMENTAL SPECIALIST & PERMITTING • NEPA/WEPA Environmental Assessments for Clean Water Fund/Safe Drinking Water Loan Programs and Community Development Block Grant Office 920.486.6628 Email ksimonis@ruekert-mielke.com Education Bachelor of Science, Environmental Studies, Business Minor, Concentration in Leadership & Management - California University, Pennsylvania Office 262.953.3050 Email twagner@ruekert-mielke.com Education Bachelor of Science, Environmental Studies, Minor in Geoscience - University of Wisconsin, Parkside PROJECT HIGHLIGHTS Wisconsin Public Service Commission (PSC) Construction Authoriza- tions Kaley facilitates project planning and guidance for clients to meet PSC’s Application Filing Requirements for critical infrastructure projects, including water towers, wells, and treatment facilities. Clean Water Act 401/404 Permitting Kaley has been performing wetland and waterway disturbance permitting and compliance for over 15 years. She has worked across the state of Wisconsin to facilitate compliance for projects ranging from private development to large scale municipal infrastructure, and utility scale development. She provides guidance during sitting to facilitate compliance and scheduling. Tiffany plays a key role in integrating environmental considerations into project development and ensuring regulatory compliance. She has supported environmental review efforts for municipal, utility, and private sector projects, including Certified ER Reviews, NEPA/WEPA reviews under the SDWLP , and wetland and waterway permitting and field assessments. Her work includes evaluating natural resource impacts, coordinating with regulatory agencies, and providing field data to support project planning. ADDITIONAL EXPERIENCE • Wetland and Waterway Delineation • Safe Drinking Water Loan Program Environmental Review • Wisconsin Public Service Commission (PSC) Construction Authorization PROJECT HIGHLIGHTS Certified Endangered Resource (ER) Review Perform ER Reviews to screen a proposed project area for potential impacts on endangered resources like rare plants, animals, and natural communities for clients. Wetland and Waterway Permitting Compliance Support municipal, utility, and private sector projects through preparation and coordination of state and federal wetland and waterway permits. Experience includes permitting for road improvements, paths, water main extensions, and other infrastructure. Responsibilities include impact evaluation, preparing applications, coordinating with regulators, and ensuring compliance. Page 123 of 181 Ruekert Mielke Your Infrastructure Ally ruekertmielke.com R/M has partnered successfully with dozens of municipal clients over the past 40 years to complete lift station, force main, and screening projects. The table below highlights our experience with these project types. It includes brief project descriptions, a dot matrix illustrating similarities to the Germantown components, the R/M staff who completed the work and are part of this project team, and reference information. 20 LIFT STATION, FORCE MAIN, SCREENING FACILITIES PROJECT EXPERIENCE Client/Project Name Project Components Clean Water Fund Screening Facilities Building Standby Generator Team/Area of Responsibility Contact City of Columbus WWTF Screening Facilities Design new screenings facilities with fine screen and washer/compactor. Design of building addition to house screening equipment. HVAC upgrades. X X Dave Arnott - Mechanical and Building Don Heikkila - Electrical and Controls Peter Gallun 920-630-0037 WI Dept of Admin. Div. of Facilities Development Oshkosh Correctional Institute Design new heavy duty screenings facilities with fine screen and washer/compactor. Design of building addition to house screening equipment. HVAC upgrades. Plumbing upgrades. X X Dave Arnott - Mechanical and Building Don Heikkila - Electrical and Controls Kathy Kalscheur (retired) Village of Mukwonago WWTF Upgrade Design new screenings facilities with fine screen and washer/compactor. Design of building addition to house screening equipment. HVAC upgrades. Plumbing upgrades. X X Dave Arnott - Mechanical and Building Wayne Castle 262-441-1366 City of Oconomowoc WWTF Septage Receiving Improvements Project management of new septage receiving screening facilities, lift station, and storage system. X X Dave Arnott - Administration and Management Mike Hallada - Inspection Tim Reel 262-569-2192 Lake Pewaukee Sanitary District Lift Station 13 Reconstruction Design of 7,000 feet of 16-inch PVC force main. Design of new lift station, with chopper pumps for rags, building design and canopy design. Project includes standby generator. X X X Dave Arnott, Ethan Botmen - Mechanical and Building Eric Widas, Dave Beyer - Electrical and Controls Shane Davis - Force Main Justine Siglin - Structural Joe Loheim, Plumbing and HVAC Don Heikkila - QA/QC Tom Koepp 262-333-9603 City of Cedarburg Evergreen Lift Station Upgrade Design of new lift station to replace a dry pit station, also included new wet well and bike path. X X Ethan Botmen - Mechanical and Buildings Eric Widas, Dave Beyer - Electrical and Controls Don Heikkila - QA/QC Mike Weiser 262-375-7900 Town of Waterford Sanitary District No. 1 Lift Station Upgrades Design of upgrades at 21 lift stations. Upgrades included new pumps, buildings, generators, controls, and SCADA system. X X X Ethan Botmen, Dave Arnott - Mechanical and Buildings Eric Widas, Dave Beyer - Electrical and Controls Don Heikkila - QA/QC Dan Dickinson 414-331-0065 City of Oconomowoc Northeast Park Lift Station New submersible lift station. Provide generator inside new park shelter building. X X Dave Arnott - Structural, Mechanical, and Site Work Tim Reel 262-569-2192 Village of Mukwonago Atkinson Dr. Lift Station Add generator and vavle building. Replace controls and valves. Convert station to submersible design. X X Dave Arnott - Site Plan and Mechanical Don Heikkila - Electrical and Controls Dave Brown 262-363-6416 City of Columbus Kiwanis Lift Station Renovation Flow rate analysis with pump run time data, pump replacement and generator addition, wet well mixing system addition. X Dave Arnott - Mechanical Don Heikkila - Electrical and Controls Peter Gallun 920-623-5915 Village of Hartland Crystal Drive Lift Station Renovation Building addition, generator addition, telemetry upgrade. X X Dave Arnott - Building Tom Jenson 262-367-8168 City of Cedarburg Dorchester Dr. Lift Station Convert drypit station to submersible design. Provide piping and valves in new generator building. X X Dave Arnott - Mechanical Don Heikkila - Electrical and Controls Mike Wieser 262-375-7900 Village of Benseville Redmond Reservoir Pump Station Upgrade Storm water pump station rehabilitation including mechanical. Dave Arnott - Site Plan and Mechanical Mehul Patel 630-350-3405 City of Crystal Lake Lift Station 12 upgrade Pump replacement, piping upgrades & MCC replacement. Dave Arnott - Mechanical Dan Langguth 815-459- 2020, ext. 4169 Village of Dousman Main Street Lift Station New submersible lift station with building. Electrical & piping upgrades. New force main & gravity sewer. X X Dave Arnott - Site Plan, Mechanical, and Force Main 262-965-3302 City of Muskego McShane Dr. Lift Station Wet well rehabilitation. Emergency force main to creek. Valve replacement. Controls replacement. Dave Arnott - Site Plan and Mechanical Tim Bourdo 262-679-4100 Village of Mukwonago Black Bear Lift Station New submersible lift station with building. X X Dave Arnott - Site Plan and Mechanical Dave Brown 262-363-6416 City of Pewaukee Northmound Dr. Lift Station Replace generator and building. Replace controls. Add auxiliary pump connection. Rehabilitate maintenance elevator. Re-route force main. Reconfigure site. Provide temporary pumping facilities. X Dave Arnott - Mechanical, Structural and Site Plan Jane Mueller 262-691-0804 City of Oconomowoc Lily Rd. Lift Station Replace valves. Replace pumps and a portion of force main. Incorporation of salvaged control panel. Add wet well riser sections. Add valve manhole. Dave Arnott - Mechanical, and Force Main Tim Reel 262-569-2192 City of Pewaukee Jericho Acres Lift Station Convert drypit station to submersible design. Provide piping and valves in new generator building. X X Dave Arnott - Mechanical Jane Mueller 262-691-0804 Village of Menomonee Falls Menomonee Ave Lift Stations and Force Main Wet weather sewage lift stations & force main. Reroute sewage to another party of collection system with greater capacity. Project included 12,000 feet of 12-inch forcemain. X Dave Arnott - Main and Gravity Sewer Force Tom Hoffman 262-535-4415 Village of Germantown Lift Station No. 6 Replace generator in relocated building. Replace pumps, valves, drives and controls. Replace manhole decks. Provide temporary pumping facilities. X X Dave Arnott - Mechanical and Structural Tim Zimmerman 262-253-7765 Village of Hartland Arlene Dr. Lift Station Updated controls, added VFDs, replace pumps. Provide temporary pumping facilities. X Dave Arnott - Mechanical Don Heikkila - Electrical Dave Beyer - Controls and SCADA Tom Jenson 262-367-8168 City of Pewaukee Kopmeier Dr. Lift Station Replace pumps. Add valve manhole. Replace generator, building and controls. Provide temporary pumping facilities. Draw down testing. X Dave Arnott - Mechanical, Structural and Site Work Jane Mueller 262-691-0804 Village of Dousman WWTF Design new screenings facilities with fine screen and washer/compactor X X X Dave Arnott- Mechnical and Process 262-965-3302 Page 124 of 181 Ruekert Mielke Your Infrastructure Ally ruekertmielke.com 21 Client/Project Name Project Components Clean Water Fund Screening Facilities Building Standby Generator Team/Area of Responsibility Contact City of Columbus WWTF Screening Facilities Design new screenings facilities with fine screen and washer/compactor. Design of building addition to house screening equipment. HVAC upgrades. X X Dave Arnott - Mechanical and Building Don Heikkila - Electrical and Controls Peter Gallun 920-630-0037 WI Dept of Admin. Div. of Facilities Development Oshkosh Correctional Institute Design new heavy duty screenings facilities with fine screen and washer/compactor. Design of building addition to house screening equipment. HVAC upgrades. Plumbing upgrades. X X Dave Arnott - Mechanical and Building Don Heikkila - Electrical and Controls Kathy Kalscheur (retired) Village of Mukwonago WWTF Upgrade Design new screenings facilities with fine screen and washer/compactor. Design of building addition to house screening equipment. HVAC upgrades. Plumbing upgrades. X X Dave Arnott - Mechanical and Building Wayne Castle 262-441-1366 City of Oconomowoc WWTF Septage Receiving Improvements Project management of new septage receiving screening facilities, lift station, and storage system. X X Dave Arnott - Administration and Management Mike Hallada - Inspection Tim Reel 262-569-2192 Lake Pewaukee Sanitary District Lift Station 13 Reconstruction Design of 7,000 feet of 16-inch PVC force main. Design of new lift station, with chopper pumps for rags, building design and canopy design. Project includes standby generator. X X X Dave Arnott, Ethan Botmen - Mechanical and Building Eric Widas, Dave Beyer - Electrical and Controls Shane Davis - Force Main Justine Siglin - Structural Joe Loheim, Plumbing and HVAC Don Heikkila - QA/QC Tom Koepp 262-333-9603 City of Cedarburg Evergreen Lift Station Upgrade Design of new lift station to replace a dry pit station, also included new wet well and bike path. X X Ethan Botmen - Mechanical and Buildings Eric Widas, Dave Beyer - Electrical and Controls Don Heikkila - QA/QC Mike Weiser 262-375-7900 Town of Waterford Sanitary District No. 1 Lift Station Upgrades Design of upgrades at 21 lift stations. Upgrades included new pumps, buildings, generators, controls, and SCADA system. X X X Ethan Botmen, Dave Arnott - Mechanical and Buildings Eric Widas, Dave Beyer - Electrical and Controls Don Heikkila - QA/QC Dan Dickinson 414-331-0065 City of Oconomowoc Northeast Park Lift Station New submersible lift station. Provide generator inside new park shelter building. X X Dave Arnott - Structural, Mechanical, and Site Work Tim Reel 262-569-2192 Village of Mukwonago Atkinson Dr. Lift Station Add generator and vavle building. Replace controls and valves. Convert station to submersible design. X X Dave Arnott - Site Plan and Mechanical Don Heikkila - Electrical and Controls Dave Brown 262-363-6416 City of Columbus Kiwanis Lift Station Renovation Flow rate analysis with pump run time data, pump replacement and generator addition, wet well mixing system addition. X Dave Arnott - Mechanical Don Heikkila - Electrical and Controls Peter Gallun 920-623-5915 Village of Hartland Crystal Drive Lift Station Renovation Building addition, generator addition, telemetry upgrade. X X Dave Arnott - Building Tom Jenson 262-367-8168 City of Cedarburg Dorchester Dr. Lift Station Convert drypit station to submersible design. Provide piping and valves in new generator building. X X Dave Arnott - Mechanical Don Heikkila - Electrical and Controls Mike Wieser 262-375-7900 Village of Benseville Redmond Reservoir Pump Station Upgrade Storm water pump station rehabilitation including mechanical. Dave Arnott - Site Plan and Mechanical Mehul Patel 630-350-3405 City of Crystal Lake Lift Station 12 upgrade Pump replacement, piping upgrades & MCC replacement. Dave Arnott - Mechanical Dan Langguth 815-459- 2020, ext. 4169 Village of Dousman Main Street Lift Station New submersible lift station with building. Electrical & piping upgrades. New force main & gravity sewer. X X Dave Arnott - Site Plan, Mechanical, and Force Main 262-965-3302 City of Muskego McShane Dr. Lift Station Wet well rehabilitation. Emergency force main to creek. Valve replacement. Controls replacement. Dave Arnott - Site Plan and Mechanical Tim Bourdo 262-679-4100 Village of Mukwonago Black Bear Lift Station New submersible lift station with building. X X Dave Arnott - Site Plan and Mechanical Dave Brown 262-363-6416 City of Pewaukee Northmound Dr. Lift Station Replace generator and building. Replace controls. Add auxiliary pump connection. Rehabilitate maintenance elevator. Re-route force main. Reconfigure site. Provide temporary pumping facilities. X Dave Arnott - Mechanical, Structural and Site Plan Jane Mueller 262-691-0804 City of Oconomowoc Lily Rd. Lift Station Replace valves. Replace pumps and a portion of force main. Incorporation of salvaged control panel. Add wet well riser sections. Add valve manhole. Dave Arnott - Mechanical, and Force Main Tim Reel 262-569-2192 City of Pewaukee Jericho Acres Lift Station Convert drypit station to submersible design. Provide piping and valves in new generator building. X X Dave Arnott - Mechanical Jane Mueller 262-691-0804 Village of Menomonee Falls Menomonee Ave Lift Stations and Force Main Wet weather sewage lift stations & force main. Reroute sewage to another party of collection system with greater capacity. Project included 12,000 feet of 12-inch forcemain. X Dave Arnott - Main and Gravity Sewer Force Tom Hoffman 262-535-4415 Village of Germantown Lift Station No. 6 Replace generator in relocated building. Replace pumps, valves, drives and controls. Replace manhole decks. Provide temporary pumping facilities. X X Dave Arnott - Mechanical and Structural Tim Zimmerman 262-253-7765 Village of Hartland Arlene Dr. Lift Station Updated controls, added VFDs, replace pumps. Provide temporary pumping facilities. X Dave Arnott - Mechanical Don Heikkila - Electrical Dave Beyer - Controls and SCADA Tom Jenson 262-367-8168 City of Pewaukee Kopmeier Dr. Lift Station Replace pumps. Add valve manhole. Replace generator, building and controls. Provide temporary pumping facilities. Draw down testing. X Dave Arnott - Mechanical, Structural and Site Work Jane Mueller 262-691-0804 Village of Dousman WWTF Design new screenings facilities with fine screen and washer/compactor X X X Dave Arnott- Mechnical and Process 262-965-3302 Client/Project Name Project Components Clean Water Fund Screening Facilities Building Standby Generator Team/Area of Responsibility Contact City of Columbus WWTF Screening Facilities Design new screenings facilities with fine screen and washer/compactor. Design of building addition to house screening equipment. HVAC upgrades. X X Dave Arnott - Mechanical and Building Don Heikkila - Electrical and Controls Peter Gallun 920-630-0037 WI Dept of Admin. Div. of Facilities Development Oshkosh Correctional Institute Design new heavy duty screenings facilities with fine screen and washer/compactor. Design of building addition to house screening equipment. HVAC upgrades. Plumbing upgrades. X X Dave Arnott - Mechanical and Building Don Heikkila - Electrical and Controls Kathy Kalscheur (retired) Village of Mukwonago WWTF Upgrade Design new screenings facilities with fine screen and washer/compactor. Design of building addition to house screening equipment. HVAC upgrades. Plumbing upgrades. X X Dave Arnott - Mechanical and Building Wayne Castle 262-441-1366 City of Oconomowoc WWTF Septage Receiving Improvements Project management of new septage receiving screening facilities, lift station, and storage system. X X Dave Arnott - Administration and Management Mike Hallada - Inspection Tim Reel 262-569-2192 Lake Pewaukee Sanitary District Lift Station 13 Reconstruction Design of 7,000 feet of 16-inch PVC force main. Design of new lift station, with chopper pumps for rags, building design and canopy design. Project includes standby generator. X X X Dave Arnott, Ethan Botmen - Mechanical and Building Eric Widas, Dave Beyer - Electrical and Controls Shane Davis - Force Main Justine Siglin - Structural Joe Loheim, Plumbing and HVAC Don Heikkila - QA/QC Tom Koepp 262-333-9603 City of Cedarburg Evergreen Lift Station Upgrade Design of new lift station to replace a dry pit station, also included new wet well and bike path. X X Ethan Botmen - Mechanical and Buildings Eric Widas, Dave Beyer - Electrical and Controls Don Heikkila - QA/QC Mike Weiser 262-375-7900 Town of Waterford Sanitary District No. 1 Lift Station Upgrades Design of upgrades at 21 lift stations. Upgrades included new pumps, buildings, generators, controls, and SCADA system. X X X Ethan Botmen, Dave Arnott - Mechanical and Buildings Eric Widas, Dave Beyer - Electrical and Controls Don Heikkila - QA/QC Dan Dickinson 414-331-0065 City of Oconomowoc Northeast Park Lift Station New submersible lift station. Provide generator inside new park shelter building. X X Dave Arnott - Structural, Mechanical, and Site Work Tim Reel 262-569-2192 Village of Mukwonago Atkinson Dr. Lift Station Add generator and vavle building. Replace controls and valves. Convert station to submersible design. X X Dave Arnott - Site Plan and Mechanical Don Heikkila - Electrical and Controls Dave Brown 262-363-6416 City of Columbus Kiwanis Lift Station Renovation Flow rate analysis with pump run time data, pump replacement and generator addition, wet well mixing system addition. X Dave Arnott - Mechanical Don Heikkila - Electrical and Controls Peter Gallun 920-623-5915 Village of Hartland Crystal Drive Lift Station Renovation Building addition, generator addition, telemetry upgrade. X X Dave Arnott - Building Tom Jenson 262-367-8168 City of Cedarburg Dorchester Dr. Lift Station Convert drypit station to submersible design. Provide piping and valves in new generator building. X X Dave Arnott - Mechanical Don Heikkila - Electrical and Controls Mike Wieser 262-375-7900 Village of Benseville Redmond Reservoir Pump Station Upgrade Storm water pump station rehabilitation including mechanical. Dave Arnott - Site Plan and Mechanical Mehul Patel 630-350-3405 City of Crystal Lake Lift Station 12 upgrade Pump replacement, piping upgrades & MCC replacement. Dave Arnott - Mechanical Dan Langguth 815-459- 2020, ext. 4169 Village of Dousman Main Street Lift Station New submersible lift station with building. Electrical & piping upgrades. New force main & gravity sewer. X X Dave Arnott - Site Plan, Mechanical, and Force Main 262-965-3302 City of Muskego McShane Dr. Lift Station Wet well rehabilitation. Emergency force main to creek. Valve replacement. Controls replacement. Dave Arnott - Site Plan and Mechanical Tim Bourdo 262-679-4100 Village of Mukwonago Black Bear Lift Station New submersible lift station with building. X X Dave Arnott - Site Plan and Mechanical Dave Brown 262-363-6416 City of Pewaukee Northmound Dr. Lift Station Replace generator and building. Replace controls. Add auxiliary pump connection. Rehabilitate maintenance elevator. Re-route force main. Reconfigure site. Provide temporary pumping facilities. X Dave Arnott - Mechanical, Structural and Site Plan Jane Mueller 262-691-0804 City of Oconomowoc Lily Rd. Lift Station Replace valves. Replace pumps and a portion of force main. Incorporation of salvaged control panel. Add wet well riser sections. Add valve manhole. Dave Arnott - Mechanical, and Force Main Tim Reel 262-569-2192 City of Pewaukee Jericho Acres Lift Station Convert drypit station to submersible design. Provide piping and valves in new generator building. X X Dave Arnott - Mechanical Jane Mueller 262-691-0804 Village of Menomonee Falls Menomonee Ave Lift Stations and Force Main Wet weather sewage lift station