Public Works Committee — Agenda Packet

1 Public Works Committee Regular Meeting Thursday, October 22, 2026, 8:00 AM Highway Department — Meeting Room 410 S. Spring Street, Port Washington, WI The public can access the meeting by viewing the live stream on the County website, Agendas & Minutes page and select the meeting agenda date. The public can submit comments here: Public Comment Form Public Comment Policy & Instructions For Submitting Public Comments Online AGENDA 1. Call to Order 2. Proper Notice 3. Public Comments, Correspondence, Communications 4. Approval of Minutes September 17, 2026 5. Volunteer to Serve on the Energy Action Commission 6. Facilities Management a. Management/Financial/Informational Reports 7. Transit Services a. Action Items 1. Shared Ride Taxi 2027 Exercise of Options 2. Disposition of Transit Vehicles 3. Aging & Disability Resource Center Memorandum of Understanding 4. Veteran Services Memorandum of Understanding 5. Interfaith Caregivers Memorandum of Understanding b. Management/Financial/Informational Reports 8. Highways a. Action Items 1. CTH O Contamination Change Order b. Management/Financial/Informational Reports 9. Next Meeting Date November 19, 2026 10. Adjournment Page 1 of 94 2 A quorum of members of committees or the full County Board of Ozaukee County may be in attendance at this meeting for purposes related to committee or board duties. However, no formal action will be taken by these committees or the board at this meeting. Persons with disabilities requiring accommodation for attendance at this meeting should contact the County Clerk’s Office at 262-284-8110, twenty- four (24) hours in advance of the meeting. Page 2 of 94 Item: Agenda Item Information Sheet To: Public Works Committee From: Kellie Kretlow, County Clerk Meeting Date: October 22, 2026 Department/Office: County Clerk Item Name: September 17, 2026 Summary: Approve the September 17, 2026 minutes. Recommended Action: Approve the September 17, 2026 minutes as submitted. Attachments: 1. PW Minutes September 17 2026 Page 3 of 94 PUBLIC WORKS COMMITTEE MEETING MINUTES Regular Meeting SEPTEMBER 17, 2026 Draft Minutes Pending Committee Approval 1. Call to Order A meeting of the Public Works Committee was held in the Highway office meeting room. Present Supervisor Tom Grabow, Supervisor Tom Bichler, Supervisor Rick Nelson Absent None Excused Supervisor Scott Fischer, Supervisor Kevin Kennedy Supervisor Nelson in attendance as voting member to obtain quorum. Staff present: County Administrator Dzwinel, Public Works Director Edgren, Transit Superintendent Zutz, Project Manager/Construction Superintendent Guettel, Building Superintendent Ardnt, Building Superintendent Tackes, County Clerk Kretlow. Others present: Supervisor Nosko, Bob Eichner - Town Board Supervisor, Town of Fredonia 2. Proper Notice Chairperson Grabow called the meeting to order at 8:00 AM. The clerk noticed the meeting as required. 3. Public Comments, Correspondence, Communications Mr. Eichner addressed the committee, highlighting constituents' concerns regarding the status of the Waubeka bridge. He noted residents' frustrations with the County's lack of clear communication regarding the bridge's condition and the anticipated timeline for repairs. 4. Approval of Minutes August 20, 2026 Motion: Motion to approve the August 20, 2026 minutes as submitted. Result: Passed Moved by: Tom Bichler Seconded by: Tom Grabow Ayes: Tom Grabow, Tom Bichler, Rick Nelson Nays: None Abstain: None 5. Volunteer to Serve on the Energy Action Commission Page 4 of 94 No action taken. This item will be brought back to the committee at the October 22, 2026 meeting. 6. Discussion Items a. 2027 Budget Recommendations for Public Works Committee Mr. Dzwinel reviewed the budget highlights for the departments under the Public Works Committee's oversight including: Facilities - Justice Center Increase in expenses due to salaries and benefits. There are no expansion requests. Facilities - Administration Center Increase in expenses due to supply and utility inflationary costs. There are no expansion requests. Transit Services Minor levy increase due to decreasing revenues and the increased cost for the taxi contract. There are no expansion requests. Changed from suburban to rural. County Fairgrounds Budget remains flat. There are no expansion requests. Highway Department Budget remains flat. The Highway Department is directed to attempt additional work for the State and local towns. There are no expansion requests. 7. Facilities Management a. Management/Financial/Informational Reports Mr. Tackes, Mr. Dzwinel, and Mr. Edgren responded to inquiries concerning the revenue outlined in the report. 8. Transit Services a. Action Items 1. Unaccompanied Minors and Child Safety Restraints Rules Ms. Zutz explained that the primary policy change is the establishment of age 12 as the minimum age for riding independently. This age was selected to align with Washington County's Shared-Ride Taxi minimum age requirement and provide a consistent rule for riders using the Washington- Ozaukee Transit Connection. The revisions will also formally document the child restraint procedures already followed by the Ozaukee County Transit System and its contracted operator. Motion: Motion to approve the updated Ozaukee County Transit Services Rider Rules and Regulations establishing age 12 for riders as unaccompanied minors and the requirement of child safety restraints effective November 1, 2026. Result: Passed Moved by: Rick Nelson Seconded by: Tom Bichler Ayes: Tom Grabow, Tom Bichler, Rick Nelson Nays: None Abstain: None b. Management/Financial/Informational Reports Page 5 of 94 Ridership is increasing with the return of students to school. 9. Highways a. Action Items 1. CTH H Bridge Repair Mr. Edgren explained the bridge's deterioration over the last several years, including multiple temporary closures this year. He also discussed the likelihood that Wisconsin Department of Transportation (WisDOT) Bridge Grant funding will not be available until fall of 2027 and reviewed the viable options being presented to the committee. Motion: Motion to direct the Highway Commissioner to move forward with CTH H Bridge in Waubeka Option #2 — add steel plates within the center section of the bridge, and open the bridge to traffic. Result: Passed Moved by: Tom Bichler Seconded by: Rick Nelson Ayes: Tom Grabow, Tom Bichler, Rick Nelson Nays: None Abstain: None b. Management/Financial/Informational Reports Mr. Edgren provided an update on work completed for other municipalities and departments, as well as ongoing projects.He also reported on curb ramp improvements associated with the Highway 33 Department of Transportation project to ensure compliance with ADA standards. 10. Next Meeting Date October 22, 2026 11. Adjournment Motion made by Supervisor Nelson, seconded by Supervisor Bichler to adjourn. Motion carried. Meeting adjourned at 8:51 AM. Kellie Kretlow, County Clerk Page 6 of 94 Item: 6.a. Agenda Item Information Sheet To: Public Works Committee From: Jon Edgren, Public Works Director Meeting Date: October 22, 2026 Department/Office: Facilities Item Name: Management/Financial/Informational Reports Summary: Facilities Financials Recommended Action: None. Attachments: 1. Facilities Financials - Oct 2026 Page 7 of 94 Current Month Actual 2026 YTD Actual 2026 Amended Budget Budget Balance % Budget YTD Revenues Interdepartmental Charges $6,253 $56,273 $76,530 $20,25 7 73.53% Other Revenue - $712 - ($712) 0.00% Total Revenues $6,253 $56,985 $76,530 $19,545 74.46% Expenditures Salaries $56,160 $693,799 $810,348 $116,549 85.62% Fringe Benefits $23,421 $217,586 $261,830 $44,244 83.10% Travel/Training - - $100 $100 0.00% Supplies $6,035 $71,588 $123,132 $51,544 58.14% Purchased Services $35,893 $317,384 $440,349 $122,965 72 .08% Interdepartment Charges $2,656 $47,209 $58,576 $11,367 8 0.59% Other Expenses - $2,270 $2,270 - 100.00% Total Operating Expenditures $124,165 $1,349,836 $1,69 6,605 $346,769 79.56% Capital Outlay Total Expenditures $124,165 $1,349,836 $1,696,605 $346, 769 79.56% Net Increase (Decrease) ($117,912) ($1,292,851) ($1,62 0,075) ($327,224) 79.80% E q u i t y: Ozaukee County Committee Report General Fund Facilities Management For the Nine Months Ending Wednesday, September 30, 2026 Profit and Loss Statement ACTUAL TO AMENDED BUDGET CommRpt2026 2026 Oversight Comm Recommended PnL Amen ded Bdgt 10/13/2026 Page 8 of 94 Current Month Actual 2026 YTD Actual 2026 Amended Budget Budget Balance % Budget YTD Revenues Taxes $9,566 $86,093 $114,791 $28,698 75.00% Public Charges for Services $10,125 $124,433 $244,378 $ 119,945 50.92% Interest Revenue - - $10,000 $10,000 0.00% Other Revenue - - $3,000 $3,000 0.00% Total Revenues $19,691 $210,526 $372,169 $161,643 56.57% Expenditures Salaries $8,135 $83,650 $99,909 $16,259 83.73% Fringe Benefits $3,743 $37,023 $45,202 $8,179 81.91% Travel/Training - - $501 $501 0.00% Supplies $630 $25,673 $24,677 ($996) 104.04% Purchased Services $24,269 $245,569 $183,804 ($61,765) 1 33.60% Interdepartment Charges $327 $16,179 $11,824 ($4,355) 13 6.83% Other Expenses - $8,610 $6,251 ($2,359) 137.74% Total Operating Expenditures $37,104 $416,704 $372,168 ($44,536) 111.97% Capital Outlay Total Expenditures $37,104 $416,704 $372,168 ($44,536) 1 11.97% Net Increase (Decrease) ($17,413) ($206,178) $1 $206,17 9 - 2061780 0.00% E q u i t y: Governmental Fund Balance - ($122,425) - $122,425 0.00% Ozaukee County Committee Report Special Revenue Fund Fair Grounds For the Nine Months Ending Wednesday, September 30, 2026 Profit and Loss Statement ACTUAL TO AMENDED BUDGET CommRpt2026 2026 Oversight Comm Recommended PnL Amen ded Bdgt 10/13/2026 Page 9 of 94 Item: 7.a.1. Agenda Item Information Sheet To: Public Works Committee From: Kerise Zutz, Transit Superintendent Meeting Date: October 22, 2026 Department/Office: Transit Item Name: Shared Ride Taxi 2027 Exercise of Options Summary: BACKGROUND INFORMATION: Ozaukee County Transit Service contracts with Riteway Bus Service, Inc. dba GO Riteway Transportation Group for operation of the Ozaukee County Shared Ride Taxi program under Contract OCTS2217. The contract was procured in 2022 and includes annual options for continuation of service. Calendar Year 2027 represents the fifth and final year of the current contract. Exercising the option will extend the existing Shared Ride Taxi service contract for one year, from January 1, 2027 through December 31, 2027. As part of the annual process to exercise the contract option, WisDOT requires completion of the Exercise of Options form, including a price analysis supporting the updated contractor rate. Applicable federal clauses must also be executed by the contractor and submitted to WisDOT. See documents attached. ANALYSIS: Staff recommends exercising the fifth and final contract option for 2027 to continue Shared Ride Taxi services from January 1, 2027 through December 31, 2027. The current contractor rate is $36.84 per service hour. In accordance with the contract, the annual rate adjustment is based on the June Midwest Consumer Price Index for All Urban Consumers (CPI-U). The June 2026 Midwest CPI-U increase is 3.8%. Applying the 3.8% adjustment increases the contractor rate from $36.84 to $38.24 per service hour for 2027. The maximum amount for the 2027 contract extension is $2,248,512, based on 58,800 annual service hours at the 2027 rate of $38.24 per service hour. The Exercise of Options documentation includes the required price analysis and determination that the 2027 hourly rate is fair and reasonable. The existing contract requirements and applicable federal requirements will remain in effect during the final option year. Page 10 of 94 FISCAL IMPACT: Balance Current Year: --- Next Year’s Estimated Cost: $2,248,512 FUNDING SOURCE: County Levy: X Non-County Levy: X Indicate source: Applicable State and Federal Transit Funding Recommended Action: Approve the Shared Ride Taxi’s 2027 Exercise of Options. Attachments: 1. OCTS - 2027 Exer of Option - GO Riteway Page 11 of 94 EXERCISE OF OPTIONS FOR SHARED-RIDE TAXI (SRT) SERVICES Instructions: Transit Systems must complete all yellow/blue sections of this form. The federal clauses (separate attachment) must also be signed by the supplier and submitted to Joe Turchi. Please note: Transit systems that have a 2-year base contract and do not require an exercise of options do not need to complete and submit this form. Transit Name Ozaukee County Transit Services Contract Number OCTS2217 I In what year was the solicitation of 1 2022 this contract completed? Shared-Ride Taxi (SRT) contracts include options to ensure the future availability of services, so long as the Transit System is able to justify those options as needed for its public transportation or project purposes. An option is a unilateral right in a contract by which, for a specified time, a recipient may acquire additional equipment, supplies, or services than originally procured. As required by Federal Transit Administration's (FTA) Circular 4220.IG , Transit Systems must complete a price analysis for every mutually agreed upon Shared Ride Taxi contract option. Exercise of Options Transit system must notate a check next to the appropriate cell: D CY2027 will be the second year of the contract and it needs an exercise of options. D CY2027 will be the third year of the contract and it needs an exercise of options. D CY2027 will be the fourth year of the contract and it needs an exercise of options. 181 CY2027 will be the fifth year of the contract and it needs an exercise of options. Updated Vendor's Hourly Rate To calculate the vendor's updated hourly rate for the next year, apply the annual inflation rate percentage from June 2026 to the vendor's current rate. The Consumer Price Index for all items as published on the Bureau of Labor Statistics web site can be found here . The current rate (CPI-U) for all items used for this calculation is 3.8%, based on the annual Midwest rate for June 2026 as required by the Transit System's RFP. Ozaukee County Transit Current Rate of Inflation Rate that will be paid in 2027 Services current rate per hour (To reflect the increase this rate (Sum of Cell A multiplied by Cell B) (A) is presented as "I +percent") (B) $36.84 1.038 $38.24 Page 12 of 94 Transit System must compare the 2027 rate with the spreadsheet of Shared-Ride Taxi service costs for systems statewide (taking into account similar percentage increases for inflation as calculated above). Contract Max Amount The maximum amount of funding for this contract extension shall be $2.248,512 based on 58,800 hours of service at the rate of $38.24 per hour. (Note: Hours of service were identified in the original procurement) Fair and Reasonable Justification Transit System must provide a written justification, with specific information, why the Vendor's 2027 hourly rate is.fair and reasonable (Stating "per contract" is not an adequate response to comply with FTA requirements). The Vendor's rate is fair and reasonable because it follows the CPI-U percentage increase specific to the Midwest, consistent with the cost analysis that Ozaukee County performed as part of its service contract procurement. By signing this form, Ozaukee County Transit Services agrees to a one-year extension of the shared-ride taxi service contract with Riteway Bus Service, Inc. dba GO Riteway Transportation Group. The extension is in accordance with the original contract, Request for Proposal solicitation, all attachments, addenda and revisions, the contractor's proposal, and all applicable federal certifications and clauses. This extension is valid from January 1, 2027, through December 31, 2027. Please have this document signed by the supplier and a transit system signatory authority, email the signed document to Joe Turchi josepho.turchi@dot.wi.gov 608-267-3568 The federal clauses (separate attachment) must also be signed by the supplier and submitted to Joe Turchi. GO Ritewa \ -Tristan Garbisch /~~cubU-td 09/21/2026 Vendor/Pro ider Name and Signature Date Oz~kee County Transit Services I Ozaukee County , c.. ,,.. r t!--. ;---; Date Page 13 of 94 Federal ClausesforFederal ContractsPrepared by the Wisconsin Department of Transportation Bureau of Transit, Local Roads, Railroads and HarborsEffective Date: July 30, 2026 Page 14 of 94 Table of Contents Overview: All Federal Clauses in this document apply to this solicitation and subsequent award, in addition to the Terms and Conditions specified in this solicitation. By submitting a response to this solicitation, the Bidder is agreeing to all Federal Clauses included in this document. Instructions: Review all the Federal Clauses and sign the Federal Clauses that require a "Bidder Signature". Bidders must attach this Federal Clauses document to the bid submission, along with the required signatures specified in the table below. No. TITLE BIDDER SIGNATURE REQUIRED 1 SPECIAL NOTIFICATION REQUIREMENTS FOR STATES - 2 LOBBYING YES 3 GOVERNMENT-WIDE DEBARMENT AND SUSPENSION YES 4 TAX LIABILITY CERTIFICATION YES 5 PROHIBITION ON PROVIDING OR USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT YES 6 NOTIFICATION TO FEDERAL TRANSIT ADMINISTRATION (FTA) - 7 DISADVANTAGED BUSINESS ENTERPRISE (DBE) - 8 FLY AMERICA REQUIREMENTS - 9 CHARTER BUS REQUIREMENTS - 10 SCHOOL BUS REQUIREMENTS - 11 CARGO PREFERENCE REQUIREMENTS - 12 SEISMIC SAFETY REQUIREMENTS - 13 ENERGY CONSERVATION REQUIREMENTS - 14 CLEAN WATER REQUIREMENTS - 15 ACCESS TO RECORDS AND REPORTS - 16 FEDERAL CHANGES - 17 BONDING REQUIREMENTS - 18 CLEAN AIR - 19 RECYCLED PRODUCTS - 20 DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS - 21 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT - 22 EQUAL EMPLOYMENT OPPORTUNITY - 23 NO GOVERNMENT OBLIGATION TO THIRD PARTIES - 24 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS - 25 TERMINATION - 26 PRIVACY ACT - 27 CIVIL RIGHTS REQUIREMENTS - 28 BREACHES AND DISPUTE RESOLUTION - 29 PATENT AND RIGHTS IN DATA - 30 TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS - Page 15 of 94 31 INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS - 32 DRUG AND ALCOHOL TESTING - 33 SAFE OPERATION OF MOTOR VEHICLES - 34 ADA ACCESS - 35 VETERANS EMPLOYMENT - 36 NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES - 37 TRAFFICKING IN PERSONS - 38 SOLID WASTES (RECOVERED MATERIALS) - 39 DOMESTIC PREFERENCE FOR PROCUREMENT - Page 16 of 94 1. SPECIAL NOTIFICATION REQUIREMENTS FOR STATES FTA Master Agreement Federal grant monies $2,248,512 fund this contract, in whole or in part Section 5311 ALN 20.509). As such, agencies receiving such funds and contractors awarded contracts that use such funds must comply with certain Federal certifications and clause requirements. This includes, for purchases of rolling stock over $150,000, compliance with Buy America Act requirements, including pre-award and post-delivery audit requirements and certifications, as well as requirements and certifications applicable under the Federal Motor Vehicle Safety Standard (FMVSS). It is the Agency for the instant procurement and ensure compliance with such requirements prior to award and throughout the term of any resultant contract. The full text of these clauses is available at the National Rural Transit Assistance The website address is: http://www.nationalrtap.org/ . 2. LOBBYING 31 U.S.C. 1352 49 CFR Part 19 49 CFR Part 20 Applicability to Contracts: The Lobbying requirements apply to Construction/Architectural and Engineering/Acquisition of Rolling Stock/Professional Service Contract/Operational Service Contract/Turnkey contracts over $100,000. Flow Down Requirement: The Lobbying requirements mandate the maximum flow down, pursuant to Byrd Anti- Lobbying Amendment, 31 U.S.C. § 1352(b)(5) and 49 C.F.R. Part 19, Appendix A, Section 7. Mandatory Clause/Language: Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A. Modifications have been made to the Clause pursuant to Section 10 of the Lobbying Disclosure Act of 1995, P.L. 104- 65 [to be codified at 2 U.S.C. § 1601, et seq. ] Lobbying Certification and Disclosure of Lobbying Activities for Third Party contractors are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on Lobbying," at 49 CFR § 20.110(d) Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A, Section 7, which provides that contractors file the certification required by 49 CFR Part 20, Appendix A. Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A. Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] - Contractors who apply or bid for an award of $50,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING Page 17 of 94 Certification for Contracts, Grants, Loans, and Cooperative Agreements(To be submitted with each bid or offer exceeding $100,000)The undersigned [Contractor] certifies, to the best of his or her knowledge and belief, that:A.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officeror employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.B.If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contacts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form toReport Lobbying," in accordance with its instructions [as amended by "Government wide Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note: Language in paragraph (2) herein has been modified in accordance with Section 10 of the Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]C.The undersigned shall require that the language of this certification be included in the award documents for allsubawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into thistransaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.[Note: Pursuant to 31 U.S.C. § 1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend a required certification or disclosure form shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure or failure.]The Contractor,GO Riteway Transportation Groupcertifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any.In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if anyDate09/21/2026Name ofOfficialTristan GarbischSignature ofOfficialTitle ofOfficialDirector of OperationsCompany NameGO Riteway Transportation Group Page 18 of 94 3. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION CFR part 180 CFR part 1200 CFR § 200.213 CFR part 200 Appendix II (I) Executive Order 12549 Executive Order 12689 Background and Applicability A contract award (of any tier) in an amount expected to equal or exceed $25,000 or a contract award at any tier for a federally required audit (irrespective of the contract amount) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. part 180. The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Recipients, contractors, and subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) with which they propose to contract or subcontract is not excluded or disqualified. This is done by: (a) checking the SAM exclusions; (b) collecting a certification from that person; or (c) adding a clause or condition to the contract or subcontract. Flow Down Recipients, contractors, and subcontractors who enter into covered transactions with a participant at the next lower level, must require that participant to: (a) comply with subpart C of 2 C.F.R. part 180, as supplemented by 2 C.F.R. part 1200; and (b) pass the requirement to comply with subpart C of 2 C.F.R. part 180 to each person with whom the participant enters into a covered transaction at the next lower tier. Debarment, Suspension, Ineligibility and Voluntary Exclusion Suspension and 2 C.F.R. part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Contractor shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be: A. Debarred from participation in any federally assisted Award; B. Suspended from participation in any federally assisted Award; C. Proposed for debarment from participation in any federally assisted Award; D. Declared ineligible to participate in any federally assisted Award; E. Voluntarily excluded from participation in any federally assisted Award; or F. Disqualified from participation in ay federally assisted Award. By signing and submitting its bid or proposal, the bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the Recipient. If it is later determined Page 19 of 94 by the Recipient that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the Recipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. part 180, subpart C, as supplemented by 2 C.F.R. part 1200, while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.DateName ofOfficialSignature ofOfficialTitle ofOfficialCompany NameGO Riteway Transportation Group4.TAX LIABILITY CERTIFICATIONThis certificate applies to all contracts. Offers that do not include this completed certification will be rejected as nonresponsive. The Proposer certifies that: 1. It has no unpaid federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; 2. It has not been convicted of a felony criminal violation under any federal law within the preceding 24 months; and 3. It shall require that the language of this certification be included in the award documents for all subcontractors and material suppliers at all tiers, and that all subcontractors and material suppliers shall certify and disclose accordingly.The Proposer certifies or affirms the truthfulness and accuracy of the contents of the statements submitted on or with this certification. In addition, the Proposer understands and agrees that the provisions of 31 U.S.C. §§ 3801 et al. are applicable to this certification.DateName ofOfficialSignature ofOfficialTitle ofOfficial October 6th, 2026Tristan GarbischDirector of Operations October 6th, 2026Tristan GarbischDirector of Operations Page 20 of 94 Company NameGO Riteway Transportation Group5. PROHIBITION ON PROVIDING OR USING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENTSection 889Consistent with Section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. 115-232 (Aug. 13, 2018), CONTRACTOR must not: (a)or(as that term is defined in Section 889 of theAct) as part of its performance under this Contract, if such equipment or services will be used as a substantial or essential component of any system or as critical technology as part of any system; or (b) use such covered telecommunication equipment or services as a substantial or essential component of any system or as critical technology as part of any system, regardless of whether that use is in connection with performance of work under this Contract, subject only to the exception that covered telecommunications equipment or services may be provided or used if the equipment or services cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. DateName ofOfficialSignature ofOfficialTitle ofOfficialCompany NameGO Riteway Transportation Group6. NOTIFICATION TO FEDERAL TRANSIT ADMINISTRATION (FTA)If a current or prospective legal matter that may affect the Federal Government emerges, the Recipient must promptly notify the FTA Chief Counsel and FTA Regional Counsel for the Region in which the Recipient is located. The Recipient must include a similar notification requirement in its Third-Party Agreements and must require each Third Party Participant to include an equivalent provision in its subagreements at every tier, for any agreement that is aaccording to 2 C.F.R. §§180.220 and 1200.220.4) The types of legal matters that require notification include, but are not limited to, a major dispute,breach, default, litigation, or naming the Federal Government as a party to litigation or a legal disagreement in any forum for any reason.5) Matters that may affect the Federal Government include, but are not limited to, the Federal October 6th, 2026Tristan GarbischDirector of Operations Page 21 of 94 Amendments thereto, or the Federal administration or enforcement of federal laws, regulations, and requirements.6) The Recipient must promptly notify the U.S. DOT Inspector General in addition to the FTA Chief Counsel or Regional Counsel for the Region in which the Recipient is located, if the Recipient has knowledge of potential fraud, waste, or abuse occurring on a Project receiving assistance from FTA. The notification provision applies if a person has or may have submitted a false claim under the False Claims Act, 31 U.S.C. § 3729 et seq., or has or may have committed a criminal or civil violation of law pertaining to such matters as fraud, conflict of interest, bribery, gratuity, or similar misconduct. This responsibility occurs whether the Project is subject to this 18 Agreement or another agreement between the Recipient and FTA, or an agreement involving a principal, officer, employee, agent, or Third Party Participant of the Recipient. It also applies to subcontractors at any tier. Knowledge, as used in this paragraph, includes, but is not limited to, knowledge of a criminal or civil investigation by a Federal, state, or local law enforcement or other investigative agency, a criminal indictment or civil complaint, or probable cause that could support a criminal indictment, or any other credible information in the possession of the Recipient. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) The current federal DBE program has been suspended by the U.S. Department of Transportation pursuant to interim final rule (FR Document 2025-19426, 90 FR 48116-48117). Accordingly, for federally funded proposals, no federal DBE program requirement will be applied. 8. FLY AMERICA REQUIREMENTS 49 U.S.C. §40118 41 CFR Part 301-10 Applicability to Contracts The Fly America requirements apply to the transportation of persons or property, by air, between a place in the U.S. and a place outside the U.S., or between places outside the U.S., when the FTA will participate in the costs of such air transportation. Transportation on a foreign air carrier is permissible when provided by a foreign air carrier under a code share agreement when the ticket identifies the U.S. air carrier's designator code and flight number. Transportation by a foreign air carrier is also permissible if there is a bilateral or multilateral air transportation agreement to which the U.S. Government and a foreign government are parties and which the Federal DOT has determined meets the requirements of the Fly America Act. Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under 10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000. Flow Down Requirements: The Fly America requirements flow down from FTA recipients and subrecipients to first tier contractors, who are responsible for ensuring that lower tier contractors and subcontractors are in compliance. Model Clause/Language: The relevant statutes and regulations do not mandate any specified clause or language. FTA proposes the following language. Fly America Requirements - The Contractor agrees to comply with 49 U.S.C. 40118 (the "Fly America" Act) in accordance with the General Services Administration's regulations at 41 CFR Part 301-10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S Government-financed international air travel and transportation of their personal effects or property, to the extent Page 22 of 94 such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. The Contractor shall submit, if a foreign air carrier was used, an appropriate certification or memorandum adequately explaining why service by a U.S. flag air carrier was not available or why it was necessary to use a foreign air carrier and shall, in any event, provide a certificate of compliance with the Fly America requirements. The Contractor agrees to include the requirements of this section in all subcontracts that may involve international air transportation. 9. CHARTER BUS REQUIREMENTS 49 U.S.C. 5323(d) 49 CFR Part 604 Applicability to Contracts The Charter Bus requirements apply to the following type of contract: Operational Service Contracts. Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases. Flow Down Requirements: The Charter Bus requirements flow down from FTA recipients and subrecipients to first tier service contractors. Model Clause/Language: The relevant statutes and regulations do not mandate any specific clause or language. The following clause has been developed by FTA. Charter Service Operations - The contractor agrees to comply with 49 U.S.C. 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. 10. SCHOOL BUS REQUIREMENTS 49 U.S.C. 5323(F) 49 CFR Part 605 Applicability to Contracts: The School Bus requirements apply to the following type of contract: Operational Service Contracts. Flow Down Requirements: The School Bus requirements flow down from FTA recipients and subrecipients to first tier service contractors. Model Clause/Language: The relevant statutes and regulations do not mandate any specific clause or language. The following clause has been developed by FTA. School Bus Operations - Pursuant to 69 U.S.C. 5323(f) and 49 CFR Part 605, recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities. 11. CARGO PREFERENCE REQUIREMENTS 46 U.S.C. 1241 46 CFR Part 381 Page 23 of 94 Applicability to Contracts: The Cargo Preference requirements apply to all contracts involving equipment, materials, or commodities which may be transported by ocean vessels. Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000. Flow Down Requirements: The Cargo Preference requirements apply to all subcontracts when the subcontract may be involved with the transport of equipment, material, or commodities by ocean vessel. Model Clause/Language: The MARAD regulations at 46 CFR 381.7 contain suggested contract clauses. The following language is proffered by FTA. Cargo Preference - Use of United States-Flag Vessels - The contractor agrees: A. to use privately owned United States-Flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to the underlying contract to the extent such vessels are available at fair and reasonable rates for United States-Flag commercial vessels; B. to furnish within 20 working days following the date of loading for shipments originating within the United States or within 30 working days following the date of leading for shipments originating outside the United States, a legible copy of a rated, on-board commercial ocean bill-of -lading in English for each shipment of cargo described in the preceding paragraph to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590 and to the FTA recipient (through the contractor in the case of a subcontractors bill-of-lading.) C. to include these requirements in all subcontracts issued pursuant to this contract when the subcontract may involve the transport of equipment, material, or commodities by ocean vessel. 12. SEISMIC SAFETY REQUIREMENTS 42 U.S.C. 7701 et seq. 49 CFR Part 41 Applicability to Contracts: The Seismic Safety requirements apply only to contracts for the construction of new buildings or additions to existing buildings. Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000. Flow Down Requirements: The Seismic Safety requirements flow down from FTA recipients and subrecipients to first tier contractors to assure compliance, with the applicable building standards for Seismic Safety, including the work performed by all subcontractors. Model Clauses/Language: The regulations do not provide suggested language for third-party contract clauses. The following language has been developed by FTA. Seismic Safety - The contractor agrees that any new building or addition to an existing building will be designed and constructed in accordance with the standards for Seismic Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part 41 and will certify to compliance to the extent required by the regulation. The contractor also agrees to ensure that all work performed under this contract including work performed by a subcontractor is in compliance with the standards required by the Seismic Safety Regulations and the certification of compliance issued on the project. 13. ENERGY CONSERVATION REQUIREMENTS 42 U.S.C. 6321 et seq. 2 CFR Part 1201 Page 24 of 94 Applicability to Contracts: The Energy Conservation requirements are applicable to all contracts. Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000. Flow Down Requirements: The Energy Conservation requirements extend to all Third-Party contractors and their contracts at every tier and subrecipients and their subagreements at every tier. Model Clause/Language: No specific clause is recommended in the regulations because the Energy Conservation requirements are so dependent on the state energy conservation plan. The following language has been developed by FTA. Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 14. CLEAN WATER REQUIREMENTS 33 U.S.C. 1251 Applicability to Contracts: The Clean Water requirements apply to each contract and subcontract which exceeds $150,000. Flow Down Requirements: The Clean Water requirements flow down to FTA recipients and subrecipients at every tier. Model Clause/Language: While no mandatory clause is contained in the Federal Water Pollution Control Act, as amended, the following language developed by FTA contains all the mandatory requirements. Clean Water A. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. B. The Contractor also agrees to include these requirements in each subcontract exceeding $50,000 financed in whole or in part with Federal assistance provided by FTA. 15. ACCESS TO RECORDS AND REPORTS 49 U.S.C. 5325 18 CFR 18.36 (i) 49 CFR 633.17 Applicability to Contracts: Reference Chart "Requirements for Access to Records and Reports by Type of Contracts" Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000. Flow Down Requirement: FTA does not require the inclusion of these requirements in subcontracts. Model Clause/Language: The specified language is not mandated by the statutes or regulations referenced, but the language provided paraphrases the statutory or regulatory language. Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 18 C. F. R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also Page 25 of 94 agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. Where the Purchaser is a State and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the Purchaser, the FTA Administrator or his authorized representatives, including any PMO Contractor, access to the Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major capital project excludes contracts of less than the simplified acquisition threshold currently set at $250,000. C. Where the Purchaser enters into a negotiated contract for other than a small purchase or under the simplified acquisition threshold and is an institution of higher education, a hospital or other non-profit organization and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to provide the Purchaser, FTA Administrator, the Comptroller General of the United States or any of their duly authorized representatives with access to any books, documents, papers and record of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. D. Where any Purchaser which is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding, the Contractor shall make available records related to the contract to the Purchaser, the Secretary of Transportation and the Comptroller General or any authorized officer or employee of any of them for the purposes of conducting an audit and inspection. E. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. F. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 18 CFR 18.39(i)(11). G. FTA does not require the inclusion of these requirements in subcontracts. Page 26 of 94 H. REQUIREMENTS FOR ACCESS TO RECORDS AND REPORTS BY TYPES OF CONTRACT Operational Service Contract Turnkey Contract Construction Contract Arch. or Engineering Contract Rolling Stock Contract Professional Service Contract State Grantees Contracts below Simplified Acquisition Threshold (Small Purchase) ($250,000) None Those imposed on state pass thru to Contractor None None None None Contracts above $100,000/Capital Projects None unless1 non- competitive award Those imposed on state pass thru to contractor Yes, if non- competitive award or if funded thru2 5307, 5309, 5311 None unless non- competitive award None unless non- competitive award None unless non- competitive award Non-State Grantees Contracts below Simplified Acquisition Threshold (Small Purchase) ($250,000) Yes Those imposed on non-state Grantee pass thru to Contractor Yes Yes Yes Yes Contracts above $100,000/Capital Projects Yes Those imposed on non-state Grantee pass thru to Contractor Yes Yes Yes Yes Sources of Authority:49 USC 5325 (a), 49 CFR 633.17, 18 CFR 18.36 (i) 16. FEDERAL CHANGES 2 CFR Part 1201 Applicability to Contracts: The Federal Changes requirement applies to all contracts. Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000. Flow Down Requirement: The Federal Changes requirement flows down appropriately to each applicable changed requirement. Model Clause/Language: No specific language is mandated. The following language has been developed by FTA. Federal Changes - Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. Page 27 of 94 17. BONDING REQUIREMENTS Applicability to Contracts: For those construction or facility improvement contracts or subcontracts exceeding $250,000, FTA may accept the bonding policy and requirements of the recipient, provided that they meet the minimum requirements for construction contracts as follows: A. A bid guarantee from each bidder equivalent to five (5) percent of the bid price. The "bid guarantees" shall consist of a firm commitment such as a bid bond, certifies check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of his bid, execute such contractual documents as may be required within the time specified. B. A performance bond on the part to the Contractor for 100 percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's obligations under such contract. C. A payment bond on the part of the contractor for 100 percent of the contract price. A "payment bond" is one executed in connection with a contract to assure payment, as required by law, of all persons supplying labor and material in the execution of the work provided for in the contract. Payment bond amounts required from Contractors are as follows: 1) 50% of the contract price if the contract price is not more than $1 million; 2) 40% of the contract price if the contract price is more than $1 million but not more than $5 million; or 3) $2.5 million if the contract price is more than $5 million. D. A cash deposit, certified check or other negotiable instrument may be accepted by a grantee in lieu of performance and payment bonds, provided the grantee has established a procedure to assure that the interest of FTA is adequately protected. An irrevocable letter of credit would also satisfy the requirement for a bond. Flow Down Requirement: Bonding requirements flow down to the first tier contractors. Model Clauses/Language: FTA does not prescribe specific wording to be included in Third Party contracts. FTA has prepared sample clauses as follows: Bid Bond Requirements (Construction) A. Bid Security - A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient) and listed as a company currently authorized under 31 CFR, Part 223 as possessing a Certificate of Authority as described thereunder. B. Rights Reserved - In submitting this Bid, it is understood and agreed by bidder that the right is reserved by (Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids, without the written consent of (Recipient). It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days after the bid opening without the written consent of (Recipient), shall refuse or be unable to enter into this Contract, as provided above, or refuse or be unable to furnish adequate and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided above, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security therefor. It is further understood and agreed that to the extent the defaulting bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official Bank Check (excluding any income generated thereby which has been retained by (Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall prove inadequate to fully recompense (Recipient) for the damages occasioned by default, then the Page 28 of 94 undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient) the difference between the bid security and (Recipient's) total damages, so as to make (Recipient) whole. The undersigned understands that any material alteration of any of the above or any of the material contained on this form, other than that requested, will render the bid unresponsive. Performance and Payment Bonding Requirements (Construction) The Contractor shall be required to obtain performance and payment bonds as follows: A. Performance bonds 1) The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2) The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. B. Payment bonds 1) The penal amount of the payment bonds shall equal: i. Fifty percent of the contract price if the contract price is not more than $1 million. ii. Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or iii. Two and one half million if the contract price is more than $5 million. 2) If the original contract price is $5 million or less, the (Recipient) may require additional protection as required by subparagraph 1 if the contract price is increased. Performance and Payment Bonding Requirements (Non-Construction) The Contractor may be required to obtain performance and payment bonds when necessary to protect the (Recipient's) interest. A. The following situations may warrant a performance bond: 1) (Recipient) property or funds are to be provided to the contractor for use in performing the contract or as partial compensation (as in retention of salvaged material). 2) A contractor sells assets to or merges with another concern, and the (Recipient), after recognizing the latter concern as the successor in interest, desires assurance that it is financially capable. 3) Substantial progress payments are made before delivery of end items starts. 4) Contracts are for dismantling, demolition, or removal of improvements. B. When it is determined that a performance bond is required, the Contractor shall be required to obtain performance bonds as follows: 1) The penal amount of performance bonds shall be 100 percent of the original contract price, unless the (Recipient) determines that a lesser amount would be adequate for the protection of the (Recipient). 2) The (Recipient) may require additional performance bond protection when a contract price is increased. The increase in protection shall generally equal 100 percent of the increase in contract price. The (Recipient) may secure additional protection by directing the Contractor to increase the penal amount of the existing bond or to obtain an additional bond. Page 29 of 94 C. A payment bond is required only when a performance bond is required, and if the use of payment bond is in the (Recipient's) interest. D. When it is determined that a payment bond is required, the Contractor shall be required to obtain payment bonds as follows: 1) The penal amount of payment bonds shall equal: i. Fifty percent of the contract price if the contract price is not more than $1 million; ii. Forty percent of the contract price if the contract price is more than $1 million but not more than $5 million; or iii. Two and one half million if the contract price is increased. Advance Payment Bonding Requirements The Contractor may be required to obtain an advance payment bond if the contract contains an advance payment provision and a performance bond is not furnished. The (Recipient) shall determine the amount of the advance payment bond necessary to protect the (Recipient). Patent Infringement Bonding Requirements (Patent Indemnity) The Contractor may be required to obtain a patent indemnity bond if a performance bond is not furnished and the financial responsibility of the Contractor is unknown or doubtful. The (Recipient) shall determine the amount of the patent indemnity to protect the (Recipient). Warranty of the Work and Maintenance Bonds A. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials and equipment furnished under this Contract will be of highest quality and new unless otherwise specified by (Recipient), free from faults and defects and in conformance with the Contract Documents. All work not so conforming to these standards shall be considered defective. If required by the [Project Manager], the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. B. The Work furnished must be of first quality and the workmanship must be the best obtainable in the various trades. The Work must be of safe, substantial and durable construction in all respects. The Contractor hereby guarantees the Work against defective materials or faulty workmanship for a minimum period of one (1) year after Final Payment by (Recipient) and shall replace or repair any defective materials or equipment or faulty workmanship during the period of the guarantee at no cost to (Recipient). As additional security for these guarantees, the Contractor shall, prior to the release of Final Payment [as provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form acceptable to (Recipient) written by the same corporate surety that provides the Performance Bond and Labor and Material Payment Bond for this Contract. These bonds shall secure the Contractor's obligation to replace or repair defective materials and faulty workmanship for a minimum period of one (1) year after Final Payment and shall be written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT SUM, as adjusted (if at all). 18. CLEAN AIR 42 U.S.C. 7401 et seq 40 CFR 15.61 2 CFR Part 1201 Applicability to Contracts: The Clean Air requirements apply to all contracts exceeding $150,000, including indefinite quantities where the amount is expected to exceed $150,000 in any year. Page 30 of 94 Flow Down Requirement: The Clean Air requirements flow down to all subcontracts which exceed $150,000. Model Clauses/Language: No specific language is required. FTA has proposed the following language. A. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq . The Contractor agrees to report each violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. B. The Contractor also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. 19. RECYCLED PRODUCTS 42 U.S.C. 6962 40 CFR Part 247 Executive Order 12873 Applicability to Contracts: The Recycled Products requirements apply to all contracts for items designated by the EPA, when the purchaser or contractor procures $10,000 or more of one of these items during the fiscal year, or has procured $10,000 or more of such items in the previous fiscal year, using Federal funds. New requirements for "recovered materials" will become effective May 1, 1996. These new regulations apply to all procurement actions involving items designated by the EPA, where the procuring agency purchases $10,000 or more of one of these items in a fiscal year, or when the cost of such items purchased during the previous fiscal year was $10,000. Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases. Flow Down Requirement: These requirements flow down to all to all contractor and subcontractor tiers. Model Clause/Language: No specific clause is mandated, but FTA has developed the following language. Recovered Materials - The contractor agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247. 20. DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS Background and Application The Davis-Bacon and Copeland Acts are codified at 40 USC 3141, et seq. and 18 USC 874. The Acts apply to grantee contract over $2,000. 40 USC 3142(a), 29 CFR 5.5(a). for purposes of the incorporated into a single clause (see 29 CFR 3.11) enumerated at 29 CFR 5.5(a) and reproduced below. The clause language is drawn directly from 29 CFR 5.5(a) and any deviation from the model clause below should be Clause Language - Davis-Bacon and Copeland Anti-Kickback Acts Page 31 of 94 (1) Minimum wages (i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classifications and wage rates conformed under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii) (A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination, and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination; and (4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in the area in which the work is performed. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. Page 32 of 94 (C) In the event the contractor, the laborers, or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (v) (A) The contracting officer shall require that any class of laborers or mechanics which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefor only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a Page 33 of 94 determination with 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (2) Withholding The Recipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the Recipient may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis- Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii) (A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the Recipient for transmission to the Federal Transit Administration. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5. This information may be submitted in any form desired. Optional Form WH-347 is available for this purpose and may be purchased from the Superintendent of Documents (Federal Stock Number Page 34 of 94 029-005-00014-1), U.S. Government Printing Office, Washington, DC 20402. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph C (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the Federal Transit Administration or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees (i) Apprentices - Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually Page 35 of 94 performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator of the Wage and Hour Division of the U.S. Department of Labor determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity - The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements - The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses contained Page 36 of 94 in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal Transit Administration may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis-Bacon and Related Act requirements - All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards - Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. 21. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT Background and Application The Contract Work Hours and Safety Standards Act is codified at 40 USC 3701, et seq. The Act applies to grantee 40 USC 3701(b)(1)(B)(iii) and (b)(2), 29 CFR 5.2(h), 18 CFR 18.36(i)(6). Although the original Act required its application in any construction contract over $2,000 or non-construction contract to which the Act applied over $2,500 (and language to that effect is still found in 18 CFR 18.36(i)(6)), the 3701(b)(3)(A)(iii). The Act applies to construction contracts and, in very limited circumstances, non-construction projects that employ -construction applications do not generally apply to transit procurements because transit 3707, 41 USC 403 (12). A grantee that contemplates entering into a contract to procure a developmental or unique item should consult counsel to determine if the Act applies to that procurement and that additional language required by 29 CFR 5.5(c) must be added to the basic clause below. The clause language is drawn directly from 29 CFR 5.5(b) and any deviation from the model clause below should be Clause Language - Contract Work Hours and Safety Standards Page 37 of 94 (1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in suchworkweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages - The (write in the name of the grantee) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts - The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section. 22. EQUAL EMPLOYMENT OPPORTUNITY 41 CFR §60-1.4 Applicability to Contracts: Applicable to all contracts except micro-purchases (except for construction contracts over $2,000. Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases. Flow Down Requirement: Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent. Model Clause/Language: Federal Requirements and Guidance. The Recipient agrees to prohibit, and assures that each Third Party Participant will prohibit, discrimination on the basis of race, color, religion, sex, or national origin, and: A. Comply with Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq., B. 42 U.S.C. § 2000e note, and as further amended by Executive Order 13672, Amendments to Executive Order 11478, Equal Page 38 of 94 Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment 2014, C. Comply with Federal transit law, specifically 49 U.S.C. § 5332, as provided in section 13.a of this Master Agreement, and D. Follow Federal guidance pertaining to Equal Employment Opportunity laws and regulations, and prohibitions against discrimination on the basis of disability, Specifics. The Recipient agrees: A. Prohibited Discrimination. As provided by Executive Order 11246, as amended, and as specified by U.S. Department of Labor regulations, to ensure that applicants for employment are employed and employees are treated during employment without discrimination on the basis of their: 1. Race, 2. Color, 3. Religion, 4. National origin, 5. Disability, 6. Age, 7. Sexual origin, 8. Gender identity, or 9. Status as a parent, and B. Affirmative Action. Take affirmative action that includes, but is not limited to: 1. Recruitment advertising, recruitment, and employment, 2. Rates of pay and other forms of compensation, 3. Selection for training, including apprenticeship, and upgrading, and 4. Transfers, demotions, layoffs, and terminations, but C. Indian Tribe. Title VII of the Civil Rights Act of 1964, as amended, exempts Indian Tribes under the Equal Employment Opportunity Requirements for Construction Activities. In addition to the foregoing, when undertaking as recognized by the U.S. Department of Labor (U.S. DOL), the Recipient agrees to comply, and assures that each Third-Party Participant will comply, with: A. U.S. DOL regulations, of Federal Contract Compliance Programs, Equal Employment Opportunity, B. Executive as amended by Executive Order 11375, Executive Order 11246, Relating to Equal Employment 42 U.S.C. § 2000e note. 23. NO GOVERNMENT OBLIGATION TO THIRD PARTIES Applicability to Contracts: Applicable to all contracts Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000. Flow Down Requirement: Not required by statute or regulation for either primary contractors or subcontractors, this concept should flow down to all levels to clarify, to all parties to the contract, that the Federal Government does not have contractual liability to third parties, absent specific written consent. Model Clause/Language: While no specific language is required, FTA has developed the following language. No Obligation by the Federal Government. Page 39 of 94 A. The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. B. The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 24. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS 31 U.S.C. 3801 et seq. 49 CFR Part 31 18 U.S.C. 1001 49 U.S.C. 5307 Applicability to Contracts: These requirements are applicable to all contracts. Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000. Flow Down Requirement: These requirements flow down to contractors and subcontractors who make, present, or submit covered claims and statements. Model Clause/Language: These requirements have no specified language, so FTA proffers the following language. Program Fraud and False or Fraudulent Statements or Related Acts. A. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. B. The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. C. The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 25. TERMINATION 2 CFR Part 1201 2 CFR 200 FTA Circular 4220.1F Page 40 of 94 Applicability to Contracts: All contracts (with the exception of contracts with nonprofit organizations and institutions of higher education,) in excess of $10,000 shall contain suitable provisions for termination by the grantee including the manner by which it will be affected and the basis for settlement. (For contracts with nonprofit organizations and institutions of higher education the threshold is $250,000.) In addition, such contracts shall describe conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated because of circumstances beyond the control of the contractor. Flow Down Requirement: The termination requirements flow down to all contracts in excess of $10,000, with the exception of contracts with nonprofit organizations and institutions of higher learning. Model Clause/Language: FTA does not prescribe the form or content of such clauses. The following are suggestions of clauses to be used in different types of contracts: A. Termination for Convenience (General Provision) The (Recipient) may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to (Recipient) to be paid the Contractor. If the Contractor has any property in its possession belonging to the (Recipient), the Contractor will account for the same, and dispose of it in the manner the (Recipient) directs. B. Termination for Default [Breach or Cause] (General Provision) If the Contractor does not deliver supplies in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the (Recipient) may terminate this contract for default. Termination shall be affected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the (Recipient) that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the (Recipient), after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. C. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in the case of a termination for breach or default, allow the Contractor [an appropriately short period of time] in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If Contractor fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor of written notice from (Recipient) setting forth the nature of said breach or default, (Recipient) shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude (Recipient) from also pursuing all available remedies against Contractor and its sureties for said breach or default. D. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. E. Termination for Convenience (Professional or Transit Service Contracts) The (Recipient), by written notice, may terminate this contract, in whole or in part, when it is in the Government's interest. If this contract is terminated, the Recipient shall be liable only for payment under the payment provisions of this contract for services rendered before the effective date of termination. F. Termination for Default (Supplies and Service) If the Contractor fails to deliver supplies or to perform the services within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall Page 41 of 94 terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner or performance set forth in this contract.If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. G. Termination for Default (Transportation Services) If the Contractor fails to pick up the commodities or to perform the services, including delivery services, within the time specified in this contract or any extension or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of default. The Contractor will only be paid the contract price for services performed in accordance with the manner of performance set forth in this contract. If this contract is terminated while the Contractor has possession of Recipient goods, the Contractor shall, upon direction of the (Recipient), protect and preserve the goods until surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on payment for the preservation and protection of goods. Failure to agree on an amount will be resolved under the Dispute clause. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the (Recipient). H. Termination for Default (Construction) If the Contractor refuses or fails to prosecute the work or any separable part, with the diligence that will insure its completion within the time specified in this contract or any extension or fails to complete the work within this time, or if the Contractor fails to comply with any other provisions of this contract, the (Recipient) may terminate this contract for default. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature of the default. In this event, the Recipient may take over the work and compete it by contract or otherwise, and may take possession of and use any materials, appliances, and plant on the work site necessary for completing the work. The Contractor and its sureties shall be liable for any damage to the Recipient resulting from the Contractor's refusal or failure to complete the work within specified time, whether or not the Contractor's right to proceed with the work is terminated. This liability includes any increased costs incurred by the Recipient in completing the work. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this clause if- 1. The delay in completing the work arises from unforeseeable causes beyond the control and without the fault or negligence of the Contractor. Examples of such causes include: acts of God, acts of the Recipient, acts of another Contractor in the performance of a contract with the Recipient, epidemics, quarantine restrictions, strikes, freight embargoes; and 2. The contractor, within [10] days from the beginning of any delay, notifies the (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient), the delay is excusable, the time for completing the work shall be extended. The judgment of the (Recipient) shall be final and conclusive on the parties, but subject to appeal under the Disputes clauses. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default, or that the delay was excusable, the rights and obligations of the parties will be the same as if the termination had been issued for the convenience of the Recipient. I. Termination for Convenience or Default (Architect and Engineering) The (Recipient) may terminate this contract in whole or in part, for the Recipient's convenience or because of the failure of the Contractor to fulfill the contract obligations. The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination specifying the nature, extent, and effective date of the termination. Upon receipt of the notice, the Contractor shall (1) immediately discontinue all services affected (unless the notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings, specifications, reports, estimates, summaries, and other information and Page 42 of 94 materials accumulated in performing this contract, whether completed or in process. If the termination is for the convenience of the Recipient, the Contracting Officer shall make an equitable adjustment in the contract price but shall allow no anticipated profit on unperformed services. If the termination is for failure of the Contractor to fulfill the contract obligations, the Recipient may complete the work by contact or otherwise and the Contractor shall be liable for any additional cost incurred by the Recipient. If, after termination for failure to fulfill contract obligations, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Recipient. J. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient) may terminate this contract, or any portion of it, by serving a notice or termination on the Contractor. The notice shall state whether the termination is for convenience of the (Recipient) or for the default of the Contractor. If the termination is for default, the notice shall state the manner in which the contractor has failed to perform the requirements of the contract. The Contractor shall account for any property in its possession paid for from funds received from the (Recipient), or property supplied to the Contractor by the (Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract provides for a fee, to be paid the contractor in proportion to the value, if any, of work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the (Recipient) and the parties shall negotiate the termination settlement to be paid the Contractor. If the termination is for the convenience of the (Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the contract provided for payment of a fee, in proportion to the work performed up to the time of termination. If, after serving a notice of termination for default, the (Recipient) determines that the Contractor has an excusable reason for not performing, such as strike, fire, flood, events which are not the fault of and are beyond the control of the contractor, the (Recipient), after setting up a new work schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. 26. PRIVACY ACT 5 U.S.C. 552 Applicability to Contracts: When a grantee maintains files on drug and alcohol enforcement activities for FTA, and those files are organized so that information could be retrieved by personal identifier, the Privacy Act requirements apply to all contracts. Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000. Flow Down Requirement: The Federal Privacy Act requirements flow down to each Third Party contractor and their contracts at every tier. Model Clause/Language: The text of the following clause has not been mandated by statute or specific regulation, but has been developed by FTA. Contracts Involving Federal Privacy Act Requirements - The following requirements apply to the Contractor and its employees that administer any system of records on behalf of the Federal Government under any contract: A. The Contractor agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Contractor agrees to obtain the express consent of the Federal Government before the Contractor or its employees operate a system of records on behalf of the Federal Government. The Contractor understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. Page 43 of 94 B. The Contractor also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 27. CIVIL RIGHTS REQUIREMENTS 29 U.S.C. § 623, 42 U.S.C. § 2000 42 U.S.C. § 6102, 42 U.S.C. § 12112 42 U.S.C. § 12132, 49 U.S.C. § 5332 29 CFR Part 1630, 41 CFR Parts 60 et seq. Applicability to Contracts: The Civil Rights Requirements apply to all contracts. Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000. Flow Down Requirement: The Civil Rights requirements flow down to all third-party contractors and their contracts at every tier. Model Clause/Language: The following clause was predicated on language contained at 49 CFR Part 19, Appendix A, but FTA has shortened the lengthy text. Civil Rights - The following requirements apply to the underlying contract: The following requirements apply to the underlying contract: A. Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. B. Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: 1) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. 2) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor Page 44 of 94 agrees to comply with any implementing requirements FTA may issue. 3) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. C. The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 28. BREACHES AND DISPUTE RESOLUTION 2 CFR Part 1201 FTA Circular 4220.1F Applicability to Contracts: All contracts in excess of $250,000 shall contain provisions or conditions which will allow for administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. This may include provisions for bonding, penalties for late or inadequate performance, retained earnings, liquidated damages or other appropriate measures. Flow Down: The Breaches and Dispute Resolutions requirements flow down to all tiers. Model Clauses/Language: FTA does not prescribe the form or content of such provisions. What provisions are developed will depend on the circumstances and the type of contract. Recipients should consult legal counsel in developing appropriate clauses. The following clauses are examples of provisions from various FTA Third Party contracts. A. Disputes - Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of the Recipient. This decision shall be final and conclusive unless within [ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Recipient. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Recipient shall be binding upon the Contractor and the Contractor shall abide be the decision. B. Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall continue performance under this Contract while matters in dispute are being resolved. C. Claims for Damages - Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. D. Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes and other matters in question between the (Recipient) and the Contractor arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the State in which the (Recipient) is located. E. Rights and Remedies - The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing. Page 45 of 94 29. PATENT AND RIGHTS IN DATA 2 CFR Part 1201 37 CFR Part 401 49 CFR Part 19 Applicability to Contracts: Patent and rights in data requirements for federally assisted projects ONLY apply to research projects in which FTA finances the purpose of the grant is to finance the development of a product or information. These patent and data rights requirements do not apply to capital projects or operating projects, even though a small portion of the sales price may cover the cost of product development or writing the user's manual. Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000. Flow Down Requirement: The Patent and Rights in Data requirements apply to all contractors and their contracts at every tier. Model Clause/Language: The FTA patent clause is substantially similar to the text of 49 C.F.R. Part 19, Appendix A, Section 5, but the rights in data clause reflects FTA objectives. For patent rights, FTA is governed by Federal law and regulation. For data rights, the text on copyrights is insufficient to meet FTA's purposes for awarding research grants. This model clause, with larger rights as a standard, is proposed with the understanding that this standard could be modified to FTA's needs. CONTRACTS INVOLVING EXPERIMENTAL, DEVELOPMENTAL, OR RESEARCH WORK. A. Rights in Data - This following requirements apply to each contract involving experimental, developmental or research work: 1) The term "subject data" used in this clause means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under the contract. The term includes graphic or pictorial delineation in media such as drawings or photographs; text in specifications or related performance or design-type documents; machine forms such as punched cards, magnetic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term "subject data" does not include financial reports, cost analyses, and similar information incidental to contract administration. 2) The following restrictions apply to all subject data first produced in the performance of the contract to which this Attachment has been added: (a) Except for its own internal use, the Purchaser or Contractor may not publish or reproduce subject data in whole or in part, or in any manner or form, nor may the Purchaser or Contractor authorize others to do so, without the written consent of the Federal Government, until such time as the Federal Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to any contract with an academic institution. (b) In accordance with 49 C.F.R. § 18.34 and 49 C.F.R. § 19.36, the Federal Government reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for "Federal Government purposes," any subject data or copyright described in subsections (2)(b)1 and (2)(b)2 of this clause below. As used in the previous sentence, "for Federal Government purposes," means use only for the direct purposes of the Federal Government. Without the copyright owner's consent, the Federal Government may not extend its federal license to any other party. (1) Any subject data developed under that contract, whether or not a copyright has been obtained; and Page 46 of 94 (2) Any rights of copyright purchased by the Purchaser or Contractor using Federal assistance in whole or in part provided by FTA. (c) When FTA awards Federal assistance for experimental, developmental, or research work, it is FTA's general intention to increase transportation knowledge available to the public, rather than to restrict the benefits resulting from the work to participants in that work. Therefore, unless FTA determines otherwise, the Purchaser and the Contractor performing experimental, developmental, or research work required by the underlying contract to which this Attachment is added agrees to permit FTA to make available to the public, either FTA's license in the copyright to any subject data developed in the course of that contract, or a copy of the subject data first produced under the contract for which a copyright has not been obtained. If the experimental, developmental, or research work, which is the subject of the underlying contract, is not completed for any reason whatsoever, all data developed under that contract shall become subject data as defined in subsection (a) of this clause and shall be delivered as the Federal Government may direct. This subsection (c), however, does not apply to adaptations of automatic data processing equipment or programs for the Purchaser or Contractor's use whose costs are financed in whole or in part with Federal assistance provided by FTA for transportation capital projects. (d) Unless prohibited by state law, upon request by the Federal Government, the Purchaser and the Contractor agree to indemnify, save, and hold harmless the Federal Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or intentional violation by the Purchaser or Contractor of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of any data furnished under that contract. Neither the Purchaser nor the Contractor shall be required to indemnify the Federal Government for any such liability arising out of the wrongful act of any employee, official, or agents of the Federal Government. (e) Nothing contained in this clause on rights in data shall imply a license to the Federal Government under any patent or be construed as affecting the scope of any license or other right otherwise granted to the Federal Government under any patent. (f) Data developed by the Purchaser or Contractor and financed entirely without using Federal assistance provided by the Federal Government that has been incorporated into work required by the underlying contract to which this Attachment has been added is exempt from the requirements of subsections (b), (c), and (d) of this clause , provided that the Purchaser or Contractor identifies that data in writing at the time of delivery of the contract work. (g) Unless FTA determines otherwise, the Contractor agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. 1) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (i.e., a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual, etc.), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. 2) The Contractor also agrees to include these requirements in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. B. Patent Rights - This following requirements apply to each contract involving experimental, developmental, or research work: Page 47 of 94 1) General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Purchaser and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until FTA is ultimately notified. 2) Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Purchaser and the Contractor agree to take the necessary actions to provide, through FTA, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. 3) The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by FTA. 30. TRANSIT EMPLOYEE PROTECTIVE ARRANGEMENTS 49 U.S.C. § 5310, § 5311, and § 5333 29 CFR Part 215 Applicability to Contracts: The Transit Employee Protective Provisions apply to each contract for transit operations performed by employees of a Contractor recognized by FTA to be a transit operator. (Because transit operations involve many activities apart from directly driving or operating transit vehicles, FTA determines which activities constitute transit "operations" for purposes of this clause.) Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases, except for construction contracts over $2,000. Flow Down Requirement: These provisions are applicable to all contracts and subcontracts at every tier. Model Clause/Language: Since no mandatory language is specified, FTA had developed the following language. Transit Employee Protective Provisions. (1) The Contractor agrees to comply with applicable transit employee protective requirements as follows: (a) General Transit Employee Protective Requirements - To the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terms and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b), and U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions stated in that U.S. DOL letter. The requirements of this subsection (1) however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals and individuals with disabilities authorized by 49 U.S.C. § 5310(a) or (2) for projects for nonurbanized areas authorized by 49 U.S.C. § 5311. Alternate provisions for those projects are set forth in subsections (b) and (c) of this clause. (b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. § 5310(a)(2) for Elderly Individuals and Individuals with Disabilities - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. § 5333(b) are necessary or appropriate for the state and the public body subrecipient for which work Page 48 of 94 is performed on the underlying contract, the Contractor agrees to carry out the Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S.C. § 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215, and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth Grant Agreement or Cooperative Agreement with the state. The Contractor agrees to perform transit operations in connection with the underlying contract in compliance with the conditions stated in that U.S. DOL letter. (c) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C.§ 5311 in Nonurbanized Areas - If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. § 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the U.S. Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. The Contractor also agrees to include any applicable requirements in each subcontract involving transit operations financed in whole or in part with Federal assistance provided by FTA. 31. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS FTA Circular 4220.1F Applicability to Contracts: The incorporation of FTA terms applies to all contracts. Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000. Flow Down Requirement: The incorporation of FTA terms has unlimited flow down. Model Clause/Language: FTA has developed the following incorporation of terms language: Incorporation of Federal Transit Administration (FTA) Terms - The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1F are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any (name of grantee) requests which would cause (name of grantee) to be in violation of the FTA terms and conditions. 32. DRUG AND ALCOHOL TESTING 49 U.S.C. §5331 49 CFR Part 655 Applicability to Contracts: The Drug and Alcohol testing provisions apply to Operational Service Contracts. Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases, except for construction contracts over $2,000. Flow Down Requirements: Anyone who performs a safety-sensitive function for the recipient or subrecipient is required to comply with FTA regulation 49 CFR 655 of Alcohol Misuse and Prohibited Drug Use in Transit Explanation of Model Clause/Language Federal regulations 49 CFR 655 includes the following elements. Page 49 of 94 A. First, they require recipients to ensure that any entity performing a safety-sensitive function on the recipient's behalf (usually subrecipients and/or contractors) implement a complex drug and alcohol testing program that complies with 49 CFR Part 655. B. Second, the rules condition the receipt of certain kinds of FTA funding on the recipient's compliance with the rules; thus, the recipient is not in compliance with the rules unless every entity that performs a safety-sensitive function on the recipient's behalf is in compliance with the rules. C. Third, the rules do not specify how a recipient ensures that its subrecipients and/or contractors comply with them. Explanation of Model Contract Clauses - Drug and Alcohol Testing The contractor agrees to: A. Establish and implement a drug and alcohol testing program that complies with Federal Transit Administration and Prohibited Drug Use in Transit B. Participate in the Drug and Alcohol Testing Consortium administered by approved Third Party Administrator that complies with 49 CFR Part 655. C. Provide documentation and reports necessary to establish its compliance with Part 655, as amended, and permit any authorized representative of the United States Department of Transportation or its operating administrations and/or the State of Wisconsin, Department of Transportation or its authorized agents, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 CFR Part 655 as amended and review the testing process. 33. SAFE OPERATION OF MOTOR VEHICLES 23 U.S.C. part 402 Executive Order No. 13043 Executive Order No. 13513 U.S. DOT Order No. 3902.10 Applicability to Contracts The Safe Operation of Motor Vehicles requirements apply to all federally funded Third Party contracts. In compliance with Federal Executive in the April 16, 1997, 23 U.S.C. Section 402 note, FTA encourages each Third Party contractor to adopt and promote on-the-job seat belt use policies and programs for its employees and other personnel that operate company owned, rented, or personally operated vehicles, and to include this provision in each Third Party subcontract involving the project. Additionally, recipients are required by FTA to include a Distracted Driving clause that addresses distracted driving, including text messaging in each of its Third Party agreements supported with Federal assistance. Flow Down Requirements: The Safe Operation of Motor Vehicles requirements flow down to all Third Party contractors at every tier. Model Clause/Language: There is no required language for the Safe Operation of Motor Vehicles clause. Recipients can draw on the following language for inclusion in their federally funded procurements. Safe Operation of Motor Vehicles Requirements - Seat Belt Use: The Contractor is encouraged to adopt and promote on-the-job seat belt use policies and programs Page 50 of 94 for its employees and other personnel that operate company-owned vehicles, company A-60 rented vehicles, or personally operated vehicles. The terms - and - refer to vehicles owned or leased either by the Contractor or AGENCY.Distracted Driving: The Contractor agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Contactor owns, leases, or rents, or a privately-owned vehicle when on official business in connection with the work performed under this agreement. 34. ADA ACCESS 49 USC 531 (d) Applicability to Contracts: The ADA Access Requirements apply to all contracts. Applicability to Micro-Purchases: Micro-purchases are defined as those purchases under $10,000. These requirements do not apply to micro-purchases; except for construction contracts over $2,000. Flow Down Requirement: The ADA Access Requirements flow down to all Third Party contractors and their contracts at every tier. Model Clause/Language: ADA Access. The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and ensures equal opportunity and access for persons with disabilities. Access Requirements for Persons with Disabilities Contractor shall comply with 49 USC 5301(d), stating Federal policy that the elderly and persons with disabilities have the same rights as other persons to use mass transportation services and facilities and that special efforts shall be made in planning and designing those services and facilities to implement that policy. Contractor shall also comply with all applicable requirements of Sec. 504 of the Rehabilitation Act (1973), as amended, 29 USC 794, which prohibits discrimination on the basis of handicaps, and the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC 12101 et seq., which requires that accessible facilities and services be made available to persons with disabilities, including any subsequent amendments thereto. 35. VETERANS EMPLOYMENT FTA Circular 4220.1F (Chapter IV) 49 USC §5325(K) Applicability to Contracts: The Veterans Employment provisions apply to all construction contracts. Veterans Employment. Recipients and subrecipients of Federal financial assistance under this chapter shall ensure that contractors working on a capital project funded using such assistance give a hiring preference, to the extent practicable, to veterans (as defined in section 2108 of title 5) who have the requisite skills and abilities to perform the construction work required under the contract. This subsection shall not be understood, construed or enforced in any manner that would require an employer to give preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, an individual with a disability, or former employee. Page 51 of 94 36. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIESThe AGENCY and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation of this Contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to the AGENCY, Contractor or any other party (whether or not a party to that Contract) pertaining to any matter resulting from the Contract. Contractor shall include the above clause in each subcontract financed in whole or in part with Federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 37. TRAFFICKING IN PERSONS Contractor and its subcontractors or their employees shall not: A. Engage in severe forms of trafficking in persons during the Contract Term; B. Procure a commercial sex act during the Contract Term; or C. Use forced labor in the performance of the Contract. Contractor shall inform AGENCY immediately of any information Contractor receives from any source alleging a violation of a prohibition in this section. AGENCY may terminate this Contract for any violation of this section; such right of termination is in addition to all other remedies for noncompliance that are available to the AGENCY 38. SOLID WASTES (RECOVERED MATERIALS) A Recipient that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 39. DOMESTIC PREFERENCE FOR PROCUREMENT (2 CFR 184, 2 CFR 200.322 & 2 CFR Appendix II (L)) Contract must comply with 2 CFR § 200.322. As appropriate and to the extent consistent with law, the non-Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. Page 52 of 94 Item: 7.a.2. Agenda Item Information Sheet To: Public Works Committee From: Kerise Zutz, Transit Superintendent Meeting Date: October 22, 2026 Department/Office: Transit Item Name: Disposition of Transit Vehicles Summary: BACKGROUND INFORMATION: Ozaukee County Transit Services (OCTS) acquired four (4) 2025 Ford E-450 cutaway buses in 2025 for use in the Shared Ride Taxi program. The vehicles are numbered internally as 183, 184, 187, and 188. Each vehicle was purchased for $152,548 and was funded with an 80% federal and 20% local funding share. After approximately one year of operation, staff has determined that the E-450s are not a good long-term fit for OCTS's demand-response service. The vehicles accommodate up to 14 passengers; however, OCTS does not routinely experience passenger loads requiring this capacity. Vehicle utilization also reflects this difference. For example, one of the E-450s has accumulated approximately 23,000 miles, while Vehicle 185, a smaller Ford Transit Van acquired during the same 2025 procurement period, had accumulated approximately 80,000 miles as of October 1, 2026. Although the E-450s are configured to accommodate two wheelchairs, the shorter wheelchair track configuration makes it difficult to safely and efficiently position two wheelchairs at the same time, particularly depending on the size and type of mobility devices being used. As a result, the larger overall vehicle does not provide the accessibility benefit that might otherwise be expected from a vehicle of this size. The E-450s also present operational and safety challenges when navigating residential driveways, business entrances, parking lots, and other confined pickup and drop-off locations routinely served by the Shared Ride Taxi program. Their larger size and rear tail swing require additional clearance when maneuvering, and OCTS has experienced more incidents involving these larger vehicles. OCTS contacted the Wisconsin Department of Transportation (WisDOT) regarding the potential disposition of the four vehicles. Because the vehicles have not reached their federally established useful life, WisDOT recommends transfer to another eligible public or specialized transit provider as the preferred method of disposition. WisDOT has advised that all four vehicles may Page 53 of 94 be considered for disposition. ANALYSIS: Staff recommends proceeding with the disposition of Vehicles 183, 184, 187, and 188, with transfer to eligible public or specialized transit providers as the preferred method. WisDOT will establish the market value of each vehicle based on comparable sales and assist with outreach to eligible providers. For vehicles that are transferred, the federal interest would remain with the vehicle. If OCTS is unable to transfer some or all of the vehicles, staff recommends proceeding with an approved public sale for any remaining vehicles in accordance with WisDOT requirements. The proposed disposition would not require OCTS to purchase additional replacement vehicles. OCTS already has four (4) new replacement vehicles budgeted for 2027 as part of the normal fleet replacement schedule. Additionally, due to vehicle backorders and procurement delays, the timing of the 2025 vehicle procurement resulted in a fleet of 29 vehicles rather than the anticipated 27, creating a two- vehicle surplus. Four vehicles had previously been identified for retirement. If all four E-450s are successfully disposed of, OCTS would retain two of those four older vehicles for an additional year and retire the remaining two as appropriate based on service needs. This approach would maintain the appropriate fleet size while allowing OCTS to transition away from vehicles that are not well suited to the operational needs of the Shared Ride Taxi program. The four E-450 vehicles were originally purchased in 2025 for $152,548 each, for a combined purchase price of $610,192. The vehicles were funded with an 80% federal and 20% local funding share. The original local share was approximately $30,510 per vehicle, or $122,038 for all four vehicles. The current market value of the vehicles has not yet been established. For an approved transfer, WisDOT will establish the current market value of each vehicle, and the receiving provider would pay Ozaukee County the 20% local-share portion of that value. The County would not be required to repay the federal share. If we conservatively estimate the vehicles are only worth $80,000 each, then Ozaukee County would be reimbursed $16,000 per vehicle or $64,000 for all four vehicles. If a vehicle cannot be transferred and is instead sold before reaching its useful life, WisDOT would calculate the depreciated value and the County would be required to repay Federal Transit Administration (FTA) the 80% federal share of that value. If we conservatively estimate the vehicles are only worth $80,000 each, then Ozaukee County would anticipate selling all four for $320,000, of which Ozaukee County would retain $64,000 and return $256,000 to the FTA. FISCAL IMPACT: Balance Current Year: Increase of $64,000 Next Year’s Estimated Cost: --- Page 54 of 94 FUNDING SOURCE: County Levy: --- Non-County Levy: --- Indicate source: --- No support documentation. Recommended Action: Approve the disposition of OCTS Vehicles 183, 184, 187, and 188, four (4) 2025 Ford E-450 cutaway buses, with transfer to eligible public or specialized transit providers as the preferred method, and authorize the public sale of any vehicles that cannot be transferred. Attachments: None Page 55 of 94 Item: 7.a.3. Agenda Item Information Sheet To: Public Works Committee From: Kerise Zutz, Transit Superintendent Meeting Date: October 22, 2026 Department/Office: Transit Item Name: Aging & Disability Resource Center Memorandum of Understanding Summary: BACKGROUND INFORMATION: Ozaukee County Transit Service (OCTS) administers Ozaukee County’s Section 85.21 transportation program, which provides funding for transportation services for older adults and individuals with disabilities. The Aging and Disability Resource Center of Ozaukee County (ADRC) coordinates transportation assistance for eligible older adults and individuals with disabilities. Transportation funded through this program is provided through the Ozaukee County Shared Ride Taxi program, with funding applied to eligible rider accounts identified by the ADRC. The ADRC currently receives $7,200 annually through the Section 85.21 program and has requested an increase in funding beginning in 2027. The ADRC did not request a specific funding amount. The attached Memorandum of Understanding formalizes the arrangement between OCTS and the ADRC and establishes each department’s responsibilities related to the administration, use, and reporting of Section 85.21 funding. ANALYSIS: Staff recommends increasing the annual Section 85.21 funding allocated to the ADRC from $7,200 to up to $10,000 beginning in 2027. The recommended amount provides additional funding to support eligible transportation needs while aligning the annual funding level with the amount recommended for the Ozaukee County ADRC under the Section 85.21 program. Under the proposed Memorandum of Understanding, the ADRC will identify eligible riders and provide OCTS with the eligibility, passenger classification, trip purpose, and other information necessary for Section 85.21 reporting. OCTS will administer the funding through eligible rider accounts, provide transportation through the Shared Ride Taxi program, monitor expenditures, and complete required WisDOT reporting. Funding is subject to the County’s annual Section 85.21 application, available funding, and required approvals. Unused funding will not carry over into the following calendar year. Page 56 of 94 FISCAL IMPACT: Balance Current Year: --- Next Year’s Estimated Cost: $10,000 FUNDING SOURCE: County Levy: X Non-County Levy: X Indicate source: Wisconsin Section 85.21 Specialized Transportation Assistance Program Recommended Action: Approve the Memorandum of Understanding between Ozaukee County Transit Service and the Aging and Disability Resource Center of Ozaukee County for up to $10,000 annually. Attachments: 1. OCTS & ADRC - MOU - 10-13-26 Page 57 of 94 OZAUKEE COUNTY, WISCONSIN 1 MEMORANDUM OF UNDERSTANDING Between Ozaukee County Transit Service and the Aging and Disability Resource Center of Ozaukee County RECITALS WHEREAS, Wisconsin Statutes Section 85.21 provides funding for transportation services for older adults and individuals with disabilities; and WHEREAS, Ozaukee County Transit Service (OCTS) administers the County’s Section 85.21 transportation program; and WHEREAS, the Aging and Disability Resource Center of Ozaukee County (ADRC) assists eligible older adults and individuals with disabilities who need transportation for a variety of eligible trip purposes; and NOW, THEREFORE, the parties agree as follows: 1. Purpose This Memorandum of Understanding establishes the responsibilities of Ozaukee County Transit Service and the Aging and Disability Resource Center of Ozaukee County for transportation services funded through OCTS’s Section 85.21 program. 2. Term This agreement will become effective January 1, 2027, and will remain in effect until amended or terminated. 3. Ozaukee County Transit Service Contribution and Responsibilities Ozaukee County Transit Service agrees to: • Include the ADRC transportation project in the County’s annual Section 85.21 application. • Provide up to $10,000 per calendar year for eligible transportation provided through the Ozaukee County Shared Ride Taxi program. • Process the funding through an internal County transfer and apply the funding to OCTS rider accounts identified by the ADRC. • Provide eligible transportation through the Ozaukee County Shared Ride Taxi program. • Monitor transportation expenses and the remaining annual ADRC funding balance. • Use Ecolane software trip records and information provided by ADRC to complete required WisDOT Section 85.21 reporting. • Communicate any changes to funding or WisDOT requirements that may affect this agreement. Page 58 of 94 OZAUKEE COUNTY, WISCONSIN 2 Funding is subject to the County’s annual Section 85.21 application, available funding, annual budget approval, and required approvals. Funding must be used only for eligible transportation expenses under the Section 85.21 program. Unused funding will not carry over into the next calendar year. 4. Responsibilities of the ADRC The ADRC agrees to: • Identify eligible riders who should receive transportation funding and confirm that participating riders meet applicable Section 85.21 eligibility requirements. • Notify OCTS of the amount of funding to be applied to each eligible rider’s account. • Coordinate transportation assistance for eligible participants. • Provide and confirm rider eligibility and passenger classification information needed for WisDOT Section 85.21 reporting. • Provide or confirm applicable trip-purpose information, including nutrition, medical, shopping, employment, personal business, social/recreational, and other applicable trip purposes. • Provide any additional participant or program information reasonably necessary for OCTS to complete required Section 85.21 reporting. • Notify OCTS of any changes to a participating rider’s eligibility, passenger classification, or approved funding amount. • Coordinate with OCTS regarding participating rider account balances and the remaining annual ADRC funding balance. Transportation costs exceeding the annual $10,000 funding amount will be the responsibility of the ADRC unless otherwise approved in writing by OCTS. 5. Compliance This agreement is subject to applicable federal, state, and local laws, WisDOT requirements, County policies, annual budget approval, and available funding. 6. Amendments This agreement may be amended by mutual written agreement, including any change to the annual funding amount. 7. Termination Either party may terminate this agreement by providing thirty (30) days’ written notice to the other party. Page 59 of 94 OZAUKEE COUNTY, WISCONSIN 3 8. Entire Agreement This agreement represents the entire understanding between the parties regarding the transportation support described herein and supersedes any prior written or verbal understandings regarding the subject of this agreement. 9. Authorized Representatives Ozaukee County Transit Service Name: _______________________________________________ Title: ________________________________________________ Signature: _____________________________________________ Date: _________________________________________________ Aging and Disability Resource Center of Ozaukee County Name: _______________________________________________ Title: ________________________________________________ Signature: _____________________________________________ Date: _________________________________________________ Page 60 of 94 Item: 7.a.4. Agenda Item Information Sheet To: Public Works Committee From: Kerise Zutz, Transit Superintendent Meeting Date: October 22, 2026 Department/Office: Transit Item Name: Veteran Services Memorandum of Understanding Summary: BACKGROUND INFORMATION: Ozaukee County Transit Service (OCTS) administers Ozaukee County’s Section 85.21 transportation program, which provides funding for transportation services for older adults and individuals with disabilities. The Ozaukee County Veterans Service Office provides out of County transportation services for eligible veterans using vehicles operated by the Veterans Service Office. OCTS includes this transportation project in the County’s annual Section 85.21 application. For more than 10 years, the Veterans Service Office has received $5,000 annually through the Section 85.21 program to support eligible transportation expenses. The Veterans Service Office has requested an increase in annual funding from $5,000 to $10,000 beginning in 2027. The attached Memorandum of Understanding formalizes the arrangement between OCTS and the Veterans Service Office and establishes each department’s responsibilities related to the use, administration, and reporting of Section 85.21 funding. ANALYSIS: Staff recommends increasing the annual Section 85.21 funding provided to the Veterans Service Office from $5,000 to $10,000 beginning in 2027. Under the proposed Memorandum of Understanding, the Veterans Service Office will be responsible for confirming participant eligibility, using the funding only for eligible transportation expenses, maintaining supporting records, and providing OCTS with quarterly ridership and operating information required for WisDOT reporting. Funding is subject to the County’s annual Section 85.21 application, available funding, and required approvals. Transportation costs exceeding the approved annual funding amount will remain the responsibility of the Veterans Service Office unless otherwise approved in writing by OCTS. FISCAL IMPACT: Page 61 of 94 Balance Current Year: --- Next Year’s Estimated Cost: $10,000 FUNDING SOURCE: County Levy: X Non-County Levy: X Indicate source: Wisconsin Section 85.21 Specialized Transportation Assistance Program Recommended Action: Approve the Memorandum of Understanding between Ozaukee County Transit Service and the Ozaukee County Veterans Service Office for up to $10,000 annually. Attachments: 1. OCTS & Veterans - MOU - 10-13-26 Page 62 of 94 OZAUKEE COUNTY, WISCONSIN 1 MEMORANDUM OF UNDERSTANDING Between Ozaukee County Transit Service and the Ozaukee County Veterans Service RECITALS WHEREAS, Wisconsin Statutes Section 85.21 provides funding for transportation services for older adults and individuals with disabilities; and WHEREAS, Ozaukee County Transit Service (OCTS) administers the County’s Section 85.21 transportation program; and WHEREAS, the Ozaukee County Veterans Service Office assists eligible veterans who need transportation services; and NOW, THEREFORE, the parties agree as follows: 1. Purpose This Memorandum of Understanding establishes the responsibilities of Ozaukee County Transit Service and the Ozaukee County Veterans Service Office for transportation services supported through OCTS’s Section 85.21 program. 2. Term This agreement will become effective January 1, 2027, and will remain in effect until amended or terminated. 3. Ozaukee County Transit Service Contribution and Responsibilities Ozaukee County Transit Service agrees to: • Include the Veterans Service Office transportation project in the County’s annual Section 85.21 application. • Provide up to $10,000 per calendar year to support eligible transportation services provided by the Veterans Service Office using its own vehicles. • Use the Veterans Service Office’s quarterly ridership and operating information to complete required WisDOT reporting. • Communicate any changes to funding or WisDOT requirements that may affect this agreement. Funding is subject to the County’s annual Section 85.21 application, available funding, annual budget approval, and required approvals. Funding must be used only for eligible transportation expenses under the Section 85.21 program. Nothing in this agreement guarantees funding beyond the amount approved and available through the County’s Section 85.21 program. Page 63 of 94 OZAUKEE COUNTY, WISCONSIN 2 4. Responsibilities of the Veterans Service Office The Veterans Service Office agrees to: • Coordinate and provide transportation for eligible veterans using vehicles operated by the Veterans Service Office. • Confirm that participating veterans meet Section 85.21 eligibility requirements. • Use funding provided under this agreement only for eligible transportation expenses. • Provide quarterly ridership information necessary for WisDOT Section 85.21 reporting. • Report one-way trips by passenger type, including senior ambulatory, senior non- ambulatory, disabled non-senior ambulatory, disabled non-senior non-ambulatory, and other, as applicable. • Provide transportation expenses, trip miles, and hours of service, as applicable. • Maintain records supporting the use of the funds and make those records available for WisDOT reporting, audits, or program review. Transportation costs exceeding the annual amount provided under this agreement will be the responsibility of the Veterans Service Office unless otherwise approved in writing by OCTS. 5. Compliance This agreement is subject to applicable federal, state, and local laws, WisDOT requirements, County policies, annual budget approval, and available funding. 6. Amendments This agreement may be amended by mutual written agreement, including any change to the annual funding amount. 7. Termination Either party may terminate this agreement by providing thirty (30) days’ written notice to the other party. Page 64 of 94 OZAUKEE COUNTY, WISCONSIN 3 8. Entire Agreement This agreement represents the entire understanding between the parties regarding the transportation support described herein and supersedes any prior written or verbal understandings regarding the subject of this agreement. 9. Authorized Representatives Ozaukee County Transit Service Name: _______________________________________________ Title: ________________________________________________ Signature: _____________________________________________ Date: _________________________________________________ Ozaukee County Veterans Service Office Name: _______________________________________________ Title: ________________________________________________ Signature: _____________________________________________ Date: _________________________________________________ Page 65 of 94 Item: 7.a.5. Agenda Item Information Sheet To: Public Works Committee From: Kerise Zutz, Transit Superintendent Meeting Date: October 22, 2026 Department/Office: Transit Item Name: Interfaith Caregivers Memorandum of Understanding Summary: BACKGROUND INFORMATION: Ozaukee County Transit Service (OCTS) administers Ozaukee County’s Section 85.21 transportation program, which provides funding for transportation services for older adults and individuals with disabilities. OCTS has a long-standing partnership with Interfaith Caregivers of Ozaukee County. Interfaith provides volunteer transportation services that complement Ozaukee County Shared-Ride Taxi by offering additional assistance. Volunteers may escort individuals from door to door, accompany them during medical appointments, and remain with them until the appointment is complete before providing return transportation. The County has historically supported Interfaith’s transportation program through fuel provided at County fuel facilities and vehicle maintenance and repairs performed by County staff. When necessary, approved maintenance, repairs, parts, or other eligible services may be obtained from outside vendors. Beginning in 2027, OCTS proposes including Interfaith’s transportation program as a project in the County’s annual Section 85.21 application to support eligible transportation expenses through available program funding rather than relying solely on County levy support. The attached Memorandum of Understanding formalizes the existing fuel, maintenance, and repair arrangement, establishes an annual funding limit, and defines each party’s responsibilities for eligibility, recordkeeping, and reporting. ANALYSIS: Historically, the County’s annual support for Interfaith has generally ranged from approximately $3,000 to $5,000. Current-year usage is expected to reach approximately $10,000. Based on historical usage, current-year costs, and available funding, staff recommends including Interfaith’s transportation program in the County’s 2027 Section 85.21 application with funding of up to $10,000 annually. However, Interfaith has requested $15,000. (See attached letter.) Under the proposed Memorandum of Understanding, Interfaith will be responsible for confirming participant eligibility, maintaining supporting records, and providing OCTS with quarterly ridership Page 66 of 94 and operating information required for WisDOT reporting. Funding will support eligible transportation expenses through the existing fuel, maintenance, and repair arrangement. The annual limit applies to the entire approved Interfaith vehicle fleet. No funds will be paid directly to Interfaith. Funding is subject to the County’s annual Section 85.21 application, available funding, and required approvals. Transportation costs exceeding the approved annual funding amount will remain the responsibility of Interfaith unless otherwise approved in writing by OCTS. FISCAL IMPACT: Balance Current Year: --- Next Year’s Estimated Cost: $10,000 FUNDING SOURCE: County Levy: X Non-County Levy: X Indicate source: Wisconsin Section 85.21 Specialized Transportation Assistance Program Recommended Action: Approve the Memorandum of Understanding between Ozaukee County Transit Service and Interfaith Caregivers of Ozaukee County for up to $10,000 annually. Attachments: 1. OCTS & Interfaith - 2027 MOU - 10-13-26 Page 67 of 94 OZAUKEE COUNTY, WISCONSIN 1 MEMORANDUM OF UNDERSTANDING Between Ozaukee County Transit Service and Interfaith Caregivers of Ozaukee County RECITALS WHEREAS, Wisconsin Statutes Section 85.21 provides funding for transportation services for older adults and individuals with disabilities; and WHEREAS, Ozaukee County Transit Service (OCTS) administers the County’s Section 85.21 transportation program; and WHEREAS, Interfaith Caregivers of Ozaukee County provides volunteer door-through-door transportation and additional passenger assistance that complement the County’s Shared-Ride Taxi program; and NOW, THEREFORE, the parties agree as follows: 1. Purpose This Memorandum of Understanding establishes the responsibilities of Ozaukee County Transit Service and Interfaith Caregivers of Ozaukee County for transportation services supported through OCTS’s Section 85.21 program. 2. Term This agreement will become effective January 1, 2027, and will remain in effect until amended or terminated. 3. Ozaukee County Transit Service Contribution and Responsibilities Ozaukee County Transit Service agrees to:  Include Interfaith’s transportation project in the County’s annual Section 85.21 application.  Provide up to $10,000 per calendar year for eligible transportation expenses across the entire approved Interfaith vehicle fleet. OCTS will provide fuel through County fuel facilities and provide or pay directly for approved maintenance, repairs, tires, parts, and other eligible vehicle operating services through County staff or outside vendors. No funds will be paid directly to Interfaith.  Monitor expenses against the annual funding limit and provide expense information to Interfaith quarterly and upon request.  Use Interfaith’s quarterly ridership and operating information to complete required WisDOT reporting.  Communicate any changes to funding or WisDOT requirements that may affect this agreement. Page 68 of 94 OZAUKEE COUNTY, WISCONSIN 2  Provide two designated parking spaces at the Ozaukee County Transit Terminal, located at 410 S. Spring Street, Port Washington, WI 53074, and access to the outdoor key box located outside the entrance to the Ozaukee County Highway Department building. Funding is subject to the County’s annual Section 85.21 application, available funding, annual budget approval, and required approvals. Funding must be used only for eligible transportation expenses under the Section 85.21 program. Nothing in this agreement guarantees funding beyond the amount approved and available through the County’s Section 85.21 program. 4. Responsibilities of Interfaith Caregivers of Ozaukee County Interfaith agrees to:  Coordinate and provide volunteer door-through-door transportation and appropriate passenger assistance using vehicles owned and operated by Interfaith.  Confirm that participants receiving transportation supported under this agreement meet Section 85.21 eligibility requirements.  Use support provided under this agreement only for eligible transportation expenses.  Maintain all required vehicle registrations, licenses, and appropriate insurance coverage.  Operate and maintain its vehicles in compliance with applicable federal, state, and local laws.  Provide OCTS with a current list of vehicles, including each vehicle’s year, make, model, and vehicle identification number.  Obtain written approval from OCTS before any new, additional, or replacement vehicle receives support under this agreement. Approval of a vehicle will not increase the annual funding limit.  Obtain approval from OCTS before completing non-emergency major repairs when funding under this agreement is requested.  Refrain from incurring costs or entering into obligations on behalf of Ozaukee County without prior authorization from OCTS.  Provide quarterly ridership and operating information necessary for WisDOT Section 85.21 reporting, including one-way trips by passenger type, transportation expenses, trip miles, and hours of service, as applicable. Passenger types include senior ambulatory, senior non-ambulatory, disabled non-senior ambulatory, disabled non-senior non- ambulatory, and other.  Maintain records supporting participant eligibility and the use of funding, and make those records available for WisDOT reporting, audits, or program review.  Use the designated parking spaces and key box only for vehicles participating in this program.  Notify OCTS of anticipated operational changes that may significantly affect the transportation project or support provided under this agreement. Transportation costs exceeding the annual amount provided under this agreement will be the responsibility of Interfaith unless otherwise approved in writing by OCTS. Page 69 of 94 OZAUKEE COUNTY, WISCONSIN 3 5. Compliance This agreement is subject to applicable federal, state, and local laws, WisDOT requirements, County policies, annual budget approval, and available funding. 6. Amendments This agreement may be amended by mutual written agreement, including any change to the annual funding amount or the approved vehicle fleet. 7. Termination Either party may terminate this agreement by providing thirty (30) days’ written notice to the other party. 8. Entire Agreement This agreement represents the entire understanding between the parties regarding the transportation support described herein and supersedes any prior written or verbal understandings regarding the subject of this agreement. 9. Authorized Representatives Ozaukee County Transit Service Name: ________________________________________ Title: _________________________________________ Signature: _____________________________________ Date: _________________________________________ Interfaith Caregivers of Ozaukee County Name: ________________________________________ Title: _________________________________________ Signature: _____________________________________ Date: _________________________________________ Page 70 of 94 Item: 7.b. Agenda Item Information Sheet To: Public Works Committee From: Jon Edgren, Public Works Director Meeting Date: October 22, 2026 Department/Office: Transit Item Name: Management/Financial/Informational Reports Summary: Transit Monthly Report/ Financials/ Update Recommended Action: None. Attachments: 1. Transit - PWC Monthly Update 10-22-26 2. Transit Ridership Report - Aug 2026 3. Transit Financials - Oct 2026 Page 71 of 94 TO: Public Works Committee FROM: Kerise Zutz SUBJECT: Transit Monthly Update DATE: October 22, 2026 TRANSIT UPDATES 1. No-Show/Late Cancellation Policy: Administrative Update  Following the August approval of the No-Show/Late Cancellation Policy, staff revised the notification process to reduce administrative workload.  Riders will receive a phone call following the first incident and written notifications following the second and third incidents. All other policy provisions remain unchanged. 2. Grafton Homecoming Parade: Community Engagement  Ozaukee County Transit Services partnered with GO Riteway to provide two large buses to assist with blocking portions of the Grafton Homecoming Parade route.  Two GO Riteway drivers volunteered their time to support the event.  This partnership provided an opportunity to give back to the community and increase awareness of County transit services. 3. Wisconsin Public Transportation Association (WIPTA) Conference  Staff attended the WIPTA Conference in Green Bay in September, connecting with transit professionals from across Wisconsin.  Established connections with Milwaukee County Transit System (MCTS) and Walworth County to explore opportunities for collaboration, information sharing, and regional transportation coordination.  Gained insight into transit operations, industry best practices, and WIPTA's advocacy and professional development resources. 4. 2027 Section 85.21 Grant Application  Staff are preparing the 2027 Section 85.21 Specialized Transportation Assistance Program application.  Staff are working to include Interfaith Caregivers as a separate project under the grant to support transportation services for older adults and individuals with disabilities.  A public hearing is planned for the November Public Works Committee meeting to obtain public input on the proposed use of grant funds. Ozaukee County Transit Services 410 South Spring Street P.O. Box 994 Port Washington, Wisconsin 53074-0994 Jon Edgren – Director of Public Works Kerise Zutz – Transit Superintendent www.ozaukeetransit.com Phone 262.284.8108 Page 72 of 94 MONTH SERVICE DAYS IN MONTH TOTAL TRIPS HOURS FAREBOX INVOICE LESS FARES COST/ TRIP NET COST/ TRIP January 30 9,064 5,546 $ 33,182.30 $ 204,320.90 $ 171,138.60 $ 22.54 $ 18.88 February 28 8,837 5,136 $ 33,288.82 $ 185,538.39 $ 152,249.57 $ 21.00 $ 17.23 March 31 8,943 5,465 $ 33,114.20 $ 206,897.25 $ 173,783.05 $ 23.14 $ 19.43 April 30 9,061 4,917 $ 31,865.46 $ 181,141.05 $ 149,275.59 $ 19.99 $ 16.47 May 30 8,229 4,625 $ 32,821.18 $ 161,006.15 $ 128,184.97 $ 19.57 $ 15.58 June 30 8,357 4,656 $ 31,828.35 $ 171,530.72 $ 139,702.37 $ 20.53 $ 16.72 July 30 August 31 September 29 October 31 November 29 December 30 ANNUAL TOTAL 359 52,491 30,345 $ 196,100.31 $ 1,110,434.46 $ 914,334.15 $ 21.13 $ 17.39 Jan Feb Mar Apr May Jun July Aug Sept Oct Nov Dec Totals Average 2010 Monthly Ridership 5,820 5,665 6,795 6,251 5,803 5,858 5,928 5,666 6,353 6,870 6,870 6,709 74,588 6,216 2011 Monthly Ridership 6,479 5,819 7,561 6,724 6,786 6,433 5,850 6,775 6,872 6,997 6,854 6,736 79,886 6,657 2012 Monthly Ridership 7,780 7,901 7,811 7,240 7,721 6,875 6,769 7,511 7,193 8,807 7,869 7,274 90,751 7,563 2013 Monthly Ridership 8,343 7,809 8,221 8,148 8,403 7,356 7,619 7,612 7,727 8,778 8,202 8,102 96,320 8,027 2014 Monthly Ridership 8,238 9,244 10,091 10,203 10,106 9,204 8,983 8,475 9,004 9,863 8,461 8,719 110,591 9,216 2015 Monthly Ridership 8,900 8,835 9,812 9,523 9,208 9,030 8,611 8,496 9,070 9,613 8,578 8,837 108,513 9,043 2016 Monthly Ridership 9,448 9,601 9,968 9,830 9,282 9,172 8,642 9,374 9,345 9,915 9,547 9,445 113,569 9,464 2017 Monthly Ridership 10,218 9,810 10,512 9,399 9,732 9,222 8,773 9,934 9,543 10,338 9,584 9,214 116,279 9,690 2018 Monthly Ridership 10,143 9,513 10,122 9,565 9,764 8,805 8,376 9,173 8,746 10,245 9,259 8,424 112,135 9,345 2019 Monthly Ridership 8,816 9,252 9,921 10,021 9,648 8,337 8,056 8,798 8,609 9,667 8,535 8,046 107,706 8,976 2020 Monthly Ridership 9,024 8,706 6,011 2,549 2,717 4,275 5,135 5,205 5,926 6,155 5,308 5,456 66,467 5,539 2021 Monthly Ridership 5,568 6,103 6,443 6,396 5,814 6,140 5,770 6,022 5,970 6,083 5,924 6,194 72,427 6,036 2022 Monthly Ridership 6,091 6,263 5,783 6,429 6,097 6,328 5,924 7,163 7,134 7,248 6,852 6,453 77,765 6,480 2023 Monthly Ridership 7,326 6,853 7,678 6,926 7,499 6,761 6,251 7,035 6,714 7,412 6,929 6,535 83,919 6,993 2024 Monthly Ridership 7,447 7,748 7,387 8,082 7,823 7,082 7,776 7,930 7,982 8,681 7,801 7,665 93,404 7,784 2025 Monthly Ridership 8,408 8,101 8,200 8,305 7,968 7,729 7,985 8,247 8,855 9,304 7,835 8,752 99,689 8,307 2026 Monthly Ridership 9,064 8,837 8,943 9,061 8,229 8,357 52,491 8,749 Same month 2025 vs 2026 7.8% 9.1% 9.1% 9.1% 3.3% 8.1% Same month 2026 vs 2019 2.8% -4.5% -9.9% -9.6% -14.7% 0.2% Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Totals Average 2021 N/A N/A N/A 82 80 136 156 125 102 132 126 93 1,032 115 2022 149 140 191 201 201 179 159 211 198 208 165 182 2,184 182 2023 215 202 212 169 181 182 183 231 239 219 195 210 2,438 203 2024 158 156 166 145 164 124 142 131 133 148 108 103 1,678 140 2025 120 101 127 124 141 144 148 143 135 156 122 144 1,605 134 2026 140 116 151 172 160 175 914 152 Same month 2025 vs 202617% 15% 19% 39% 13% 22% 2026 OZ CO SHARED RIDE TAXI Shared Ride Taxi (SRT) Ridership Report Shared Ride Taxi (SRT): Cross-County Trips Page 73 of 94 Current Month Actual 2026 YTD Actual 2026 Amended Budget Budget Balance % Budget YTD Revenues Taxes $20,736 $186,622 $248,829 $62,207 75.00% Intergovernmental Revenues $305,503 $660,144 $2,086,73 3 $1,426,589 31.64% Public Charges for Services $135,890 $583,123 $562,250 ($20,873) 103.71% Interest Revenue $148 $1,345 - ($1,345) 0.00% Other Revenue - $133 $335,787 $335,654 0.04% Total Revenues $462,277 $1,431,367 $3,233,599 $1,802,23 2 44.27% Expenditures Salaries $9,982 $68,940 $150,157 $81,217 45.91% Fringe Benefits $3,564 $25,523 $48,620 $23,097 52.49% Travel/Training - $41 $4,503 $4,462 0.91% Supplies $737 $155,369 $278,814 $123,445 55.72% Purchased Services $502,521 $1,467,145 $2,343,050 $875, 905 62.62% Interdepartment Charges $2,211 $132,955 $154,602 $21,64 7 86.00% Other Expenses - $38,601 $40,602 $2,001 95.07% Total Operating Expenditures $519,015 $1,888,574 $3,02 0,348 $1,131,774 62.53% Capital Outlay Equipment & Furniture - - $213,251 $213,251 0.00% Total Capital Outlay - - $213,251 $213,251 0.00% Total Expenditures $519,015 $1,888,574 $3,233,599 $1,34 5,025 58.40% Net Increase (Decrease) ($56,738) ($457,207) - $457,207 0.00% E q u i t y: Governmental Fund Balance - ($2,587,705) - $2,587,705 0.00% Ozaukee County Committee Report Special Revenue Fund Transit Services For the Nine Months Ending Wednesday, September 30, 2026 Profit and Loss Statement ACTUAL TO AMENDED BUDGET CommRpt2026 2026 Oversight Comm Recommended PnL Amen ded Bdgt 10/13/2026 Page 74 of 94 Item: 8.a.1. Agenda Item Information Sheet To: Public Works Committee From: Jon Edgren, Public Works Director Meeting Date: October 22, 2026 Department/Office: Highway Department Item Name: CTH O Contamination Change Order Summary: BACKGROUND INFORMATION: In Summer of 2024, the Wisconsin Department of Natural Resources (WDNR) notified Ozaukee County and the Village of Saukville that they intended to name us both as Responsible Parties (RP) for soil contamination at the corner of CTH O (Green Bay Avenue) and East Clay Street. The site is an old gas station (Tesker) removed in the 1960’s with contamination discovered as part of a Village of Saukville project in the 1990’s. In December of 2025, Ozaukee County and the Village of Saukville hired Moraine Environmental to perform the necessary testing and monitoring to satisfy the WDNR’s requirements to determine the scope and severity of remaining contamination in the area. Following Moraine Environmental’s initial round of testing and report (See attached.), they’ve requested a change order to install an additional three (3) small diameter wells. Two (2) wells will be used to further define the extent of the contamination and one (1) will be used to assess if a different Tri-Par contamination plume has comingled with the Tesker site. ANALYSIS: In the interest of determining the extents of the contamination and ensuring any contamination from Tri-Par isn’t affecting the Tesker site, we recommend approval of the proposed Change Order, which is attached. FISCAL IMPACT: Balance Current Year: Next Year’s Estimated Cost: $6,200 FUNDING SOURCE: County Levy: $3,100 Non-County Levy: $3,100 Indicate source: Village of Saukville Recommended Action: Approve the CTH O Contamination Change Order as presented. Page 75 of 94 Attachments: 1. CTH O Contamination - Updated Report - 9-2-26 - Report & App A 2. CTH O Contamination Change Order Info Page 76 of 94 766 Tower Drive • Fredonia, WI 53021 • (262) 692-3345 • Fax (262) 692-3348 Email: moraine@execpc.com • www.moraineenvironmental.com Moraine Environmental, Inc. Design • Engineer • Construct September 2, 2026 Project Reference #7277 Ozaukee County Highway Department 410 South Spring Street Port Washington, WI 53074 RE: Status Report Former Tesker Gas (Saukville Village ROW) County Highway O and E. Clay Street Saukville, WI 53080 FID #246135230 BRRT’s #03-46-005124 Moraine Environmental, Inc. (Moraine) was retained by the Ozaukee County Highway Department and the Village of Saukville and, to conduct a Subsurface Soil and Groundwater Investigation in the Village of Saukville at the intersection of E. Green Bay Avenue (CTH “O”) and E. Clay Street, in the area of the former Henry Tesker gas station, which operated from the 1930s to sometime in the 1960s. A Site Location Map (Figure 1) is included in Attachment A. The purpose of this report is to document initial investigative activities on the subject property as well as in two down-gradient locations in the E. Clay Street right-of-way (ROW). Moraine supervised the advancement of eight (8) soil probes, and the subsequent conversion of six (6) of the probes into small diameter groundwater monitoring wells on July 20, 2026. METHODOLOGY Subsurface Soil Boring All soil borings completed were performed using direct push technology. Prior to the beginning of subsurface work, public underground utilities at the site were identified and marked through the Wisconsin Diggers Hotline system and by Subsurface Radar Solutions using ground penetrating radar technology. A continuous core of soil was collected from each boring location using a 2-inch diameter steel probe rod containing disposable plastic sample liners (5 feet in length). Soil boring equipment was cleaned/decontaminated prior to conducting the fieldwork and between each boring advancement to avoid the introduction of contaminants or cross-contamination between boring locations. Soil Field Screening and Classification A Moraine representative visually examined and classified the soil samples in general accordance with the Unified Soil Classification System (USCS) and conducted olfactory observations of the soil cores to detect the obvious presence of contamination. Page 77 of 94 The cores of soil from each boring location were field screened at consecutive intervals using a photoionization detector (PID) following PID screening procedures. PID screening provides a qualitative measure of volatile organic vapors in soils. PID readings greater than 10 instrument units (iu) are generally considered an indication of contamination for products containing VOC’s. As a PID unit detects only volatile organic emissions, less volatile contaminants typically do not exhibit elevated PID readings. The PID readings were used in conjunction with visual, physical, and olfactory observations, such as soil staining and odors, when evaluating soil conditions. A Moraine representative maintained a field log documenting sampling activity, general soil conditions and field screening results. The field logs were used to prepare the soil descriptions on the WDNR soil boring logs, attached. Soil layers were determined based on field logs and sample observations. The stratification lines separating the soil layers are considered approximate boundaries; the transitions between soil types in situ may be gradual in both the horizontal and vertical directions. Soil Sampling and Analytical Testing Soil samples selected for laboratory analysis were chosen based on field screening results and the depths and locations from which they originated. Two soil samples were collected and submitted for analysis from each of soil probes SP-1 through SP-8. Generally, each probe location had soil samples collected for analysis from the direct contact zone (upper 4’ of soil column) and where elevated PID readings were observed or near the water table interface. The samples were placed in a laboratory-supplied cooler and preserved in accordance with WDNR guidelines. Samples were submitted to WDNR-certified Pace Analytical for Petroleum Volatile Organic Compound (PVOC), naphthalene, and lead analysis within appropriate holding times. Analysis for lead was conducted since the former Tesker Gas Station was in business at the time of and would have pumped leaded gasoline. Chain of custody procedures were adhered to throughout sample collection, handling, and laboratory submittal. A copy of the chain of custody is included in the soil laboratory analytical report, presented in Attachment C. Moraine compared the laboratory results to the Soil Cleanup Standards set forth in Chapter NR 720 Wisconsin Administrative Code and the WDNR’s soil screening residual contaminant level (RCL) spreadsheet to evaluate the soil quality at this site. Chapter NR 720 WAC establishes generic RCLs for specific VOC’s based on the protection of groundwater referred to as the soil to groundwater pathway. Chapter NR 720 WAC also establishes generic RCLs based on human health risk from direct contact related to land use, which is classified by the WDNR generally, as either “non-industrial” or “industrial.” Small Diameter Monitoring Well Installation & Analytical Testing Six (6) small diameter monitoring wells were installed in soil probes SP-1, SP-2, SP-4, SP-5, SP-7, and SP- 8. The wells were constructed with 1-inch inside diameter PVC well pipes containing 0.01-inch slotted screen and were also properly sand packed, and bentonite sealed. Moraine collected groundwater samples from the wells using polyethylene bailers. Moraine has opted to use, cost effective, small diameter wells during this initial phase of investigation, NR141 wells will be installed as needed later in the investigation process. Page 78 of 94 The groundwater samples were placed into appropriate laboratory-supplied containers, preserved in accordance with WDNR guidelines, and submitted to a WDNR-certified laboratory, Pace Environmental Sciences (Pace) for analysis within appropriate holding times. Chain of custody procedures were adhered to throughout sample collection, handling, and laboratory submittal. A copy of the chain of custody is included in the groundwater laboratory analytical report, presented in Attachment C. Moraine compared the groundwater laboratory results to standards set forth in Chapter NR 140 WAC to evaluate the groundwater quality at this site. Chapter NR 140 WAC establishes a groundwater quality Preventive Action Limit (PAL) and an Enforcement Standard (ES) for specific compounds based on the protection of human health. The PAL is typically considered to be an indicator of a potential contamination problem, and the ES is typically considered to be an indicator of a potential human health risk. Ch. NR 140.10 Table 1 Public Health Groundwater Quality Standards have been used to evaluate the groundwater quality at this site. Soil Analytical Results Generally, subsurface characteristics observed consisted of native sand and silt throughout the investigated interval at depths from the near surface to 15 feet bgs. Broken limestone, possibly bedrock, was encountered in soil probes SP-3 at 7.5 feet bgs and SP-4 at 13 feet bgs, resulting in soil probe refusal. Similar limestone was encountered in several other soil probes at 14.5-15 feet bgs. Soil boring logs are provided in Attachment D. PVOCs and/or naphthalene were detected in shallow and deeper soil collected from probes SP-1 through SP-5, with Groundwater Pathway Residual Contaminant Level (RCL) exceedances in soil collected from SP-1(2’-4’ and 8’-‘10’), in SP-2 (2’-4’), and in SP-4(6’-8’). No PAH or naphthalene Direct Contact RCL exceedances were detected. Lead was detected in all of the soil samples, with Groundwater Pathway RCL exceedances observed in SP-2(2’-4’), SP-3(6’-8’), and SP-6(2’-4’). No lead Direct Contact RCL exceedances were detected. Groundwater Analytical Results Groundwater analytical data showed detections in all of the wells, with Preventative Action Level (PAL) exceedances of PVOCs and/or naphthalene and lead in SD-1, SD-3, SD-4, and SD-5. The highest concentrations observed were those of wells SD-1 and SD-2, with PVOV and naphthalene Enforcement Standard (ES) exceedances and lead PAL exceedances. Based on groundwater flow direction, believed to be southeasterly, toward the Milwaukee River, SD-1 and SD-2 are believed to be side and up gradient of the former filling station area. Low-level benzene PAL exceedance was observed in down-gradient SD-7. Petroleum concentrations in SD-7 and SD-8 were the lowest of all the wells. Groundwater analytical data is provided in Table 2 in Attachment B. Shallow groundwater was encountered between four and ten feet bgs, depending on location. Page 79 of 94 VAPOR INVESTIGATION Moraine compared soil and groundwater analytical results to WDNR Vapor Intrusion Guidance Document RR800. Concentrations in soil and groundwater in nearby SP/SD-5 and in soil in SP-6, were significantly below those where vapor sampling is recommended. As such, Moraine determined vapor sampling is not warranted at the 125 E. Green Bay Ave Residence at this time. Additionally, Moraine determined vapor sampling at the 121 and 133 E. Clay Street residences is also unnecessary due to the low concentrations observed in SD-7 and SD-8. CONCLUSION AND RECOMMENDATIONS Soil and groundwater sampling results confirmed a historic gasoline release had occurred in the area of the former Tesker Gas property and the 125 E. Green Bay Ave property. Based upon results of soil samples analyzed, the most contaminated soil is on and just west of the area of the former Tesker Gas Station. The extent of groundwater contamination is not yet defined. Moraine recommends installation of three (3) additional soil probe/small diameter wells as shown on Figure 2.1 in Attachment A. Two probes/wells will be installed down and side gradient of SD-1 and will serve to further define extent and will provide Moraine with data to assess whether vapor intrusion is a threat to the residence at 1010 E. Clay Street. The third probe/well will be installed up gradient of SD-1 and SD-2 to assess if the groundwater plume has comingled with the up-gradient former Tri-Par plume and to help assess groundwater contamination extents. As with soil probes SP-1 through SP-8, soil samples will be collected from each soil probe location and analyzed for PVOCs and naphthalene, and lead. Each of the three probe locations will then be converted to a small diameter well and will be subsequently developed and sampled. Monitoring will include groundwater sampling and laboratory analysis and recording water levels. Moraine will then survey all of the wells to confirm groundwater flow direction and will determine next steps. Moraine will prepare and submit a change order for the three additional probes and wells for submittal and approval to the Ozaukee County Highway Department and the Village of Saukville. Thank you, Joseph M. Pospichal Project Manager Moraine Environmental, Inc. Attachments cc: Jon Edgren, Ozaukee County Highway Department Warren Guettel, Ozaukee County Highway Department Dan Helm, Village of Saukville tEZ Th ank you , Page 80 of 94 Attachment A Figures Page 81 of 94 Site Location: NE 1/4, NE 1/4, S35, T11N, Figure 1 Site Location Map Village of Saukville ROW - Adjacent to CTH O Page 82 of 94 Soil Probe (SP) Soil Probe/Small Diameter Well (SP/SD) LEGENDFigure 2 Soil Probe & Small Diameter Well Locations Former Tesker Gas County Highway O and E. Clay Street Saukville, Wisconsin Former Tri-Par Station E. Clay Street E. Green Bay Avenue Former Tesker Gas Station SP/SD-1 SP/SD-2 SP/SD-4 SP/SD-5 SP-6 SP/SD-7 SP/SD-8 SP-3 Page 83 of 94 Proposed boring and small diameter well locations Figure 2.1 Proposed Additional Soil Probe & Well Location Map Former Tesker Gas County Highway O and E. Clay Street Saukville, WI Page 84 of 94 Estimate Date 9/9/2026 Estimate # 2423 Name / Address Ozaukee County Highway Department Jon E Edgren Public Works Director 410 South Spring Street Port Washington, WI 53074 Moraine Environmental, Inc. 766 Tower Drive Fredonia, WI 53021 Prj. No. 7277 Total Item Description Qty Rate Total Change Order-This estimate is submitted as an addition to the proposal dated October 6, 2025. This work is needed to further define the extent of groundwater contamination per the September 2026 Status Report. Installation of 3 additional Geoprobe borings to 15' deep, one upgradient on the former Tri-Par grass terrace and two sidegradient of the former Tesker gasoline station on the south grass terrace of E. Clay Street, convert each boring to a small 1" diameter groundwater monitoring well. Please see attached figure for reference. Prep & Mobilize to Site Prep and mobilize driller to site, provide necessary traffic protection, advance the 3 borings, collect soil samples, convert each boring to a small 1" diameter groundwater monitoring well with flush mount covers. 1 3,507.00 3,507.00 Enviro Support Svcs Environmental technician on site the day of drilling to coordinate boring placement, collect, screen and preserve soil samples, submit soil samples to lab for analysis and complete boring logs. Return within 1-2 weeks, collect, preserve and submit groundwater samples to lab for analysis. Soil and water samples will be analyzed for PVOC's + Naphthalene plus lead. Review and tabulate soil and groundwater lab results for addition to the final summary report. 1 2,646.00 2,646.00 *Please note: All costs are considered an estimate. While we try to give you as accurate a cost estimate as possible, we simply cannot know what conditions may be encountered once we access the soil. Based on what we find, additional work may be necessary based on WDNR standards. Additional work above the cost of this estimate will be billed on a time and materials basis. If Moraine anticipates additional costs to you, we will try to notify you in advance of the work being performed. Payment terms are as follows: Work to be added to monthly billing as items are completed. Please indicate your approval of this change order by signing below: Page 1 Page 85 of 94 Estimate Date 9/9/2026 Estimate # 2423 Name / Address Ozaukee County Highway Department Jon E Edgren Public Works Director 410 South Spring Street Port Washington, WI 53074 Moraine Environmental, Inc. 766 Tower Drive Fredonia, WI 53021 Prj. No. 7277 Total Item Description Qty Rate Total _____________________________________ Jon E. Edgren, Public Works Director Ozaukee County Highway Department Page 2 $6,153.00 Page 86 of 94 Page 87 of 94 Item: 8.b. Agenda Item Information Sheet To: Public Works Committee From: Jon Edgren, Public Works Director Meeting Date: October 22, 2026 Department/Office: Highway Department Item Name: Management/Financial/Informational Reports Summary: Highway Financials Recommended Action: None. Attachments: 1. Highway Financials - Oct 2026 Page 88 of 94 Current Month Actual 2026 YTD Actual 2026 Total Budget Budget Balance % Budget YTD Revenues Taxes: 205-1-01-41110-000 Property Tax 276,291.00 2,210,328. 00 3,315,492.00 1,105,164.00 66.67% Total Taxes 276,291.00 2,210,328.00 3,315,492.00 1,105,164.00 66.67 % Intergovernmental Revenues: 205-1-01-42330-000 St Aid - Transportation Aid 1,336 ,990.53 1,780,710.00 443,719.47 75.08% Total Intergovernmental Revenues 1,336,990.53 1,780,710.00 443,719.47 75.08% Total Revenues $276,291.00 $3,547,318.53 $5,096,202.00 $1,548,883.47 6 9.61% Expenditures Interdepartment Charges: 205-1-01-55310-000 CTHS General Maintenance (76,177.76) 1,266,068.02 2,244,160.92 978,092.90 56.42% 205-1-01-55320-000 CTHS Winter Maintenance 6,747.98 7 34,055.56 1,252,030.92 517,975.36 58.63% 205-1-01-55330-000 CTHS Construction 3,070.53 747,046 .09 1,525,020.96 777,974.87 48.99% 205-1-01-55340-000 CTHS Bridge Construction 144.96 4, 963.84 18,990.00 14,026.16 26.14% 205-1-01-55370-000 Surveying 14,717.79 55,999.92 41,282.13 26.28% Total Interdepartment Charges (66,214.29) 2,766,851.3 0 5,096,202.72 2,329,351.42 54.29% Total Operating Expenditures ($66,214.29) $2,766,851. 30 $5,096,202.72 $2,329,351.42 54.29% Total Expenditures ($66,214.29) $2,766,851.30 $5,096,202.72 $2,329,351.42 54.29% Net Increase (Decrease) $342,505.29 $780,467.23 ($0.72 ) ($780,467.95) - 1083982 26.39% OZ-Curr:205-1-01 Ozaukee County County Roads and Bridges For the Eight Months Ending Monday, August 31, 2026 8/31/2026 FRPnL2026 2026 Profit and Loss Statement Page 89 of 94 Current Month Actual 2026 YTD Actual 2026 Total Budget Budget Balance % Budget YTD Revenues Intergovernmental Charges $85,628.35 $1,086,714.67 $2, 016,399.72 $929,685.05 53.89% Total Revenues $85,628.35 $1,086,714.67 $2,016,399.72 $929,685.05 53.8 9% Expenditures Salaries 24,652.06 355,042.86 632,999.52 277,956.66 56.09% Supplies 19,124.78 126,106.89 335,499.36 209,392.47 37.59% Interdepartment Charges 41,778.82 602,666.56 1,047,909 .60 445,243.04 57.51% Other Expenses 55.00 110.00 (110.00) 0.00% Total Operating Expenditures $85,610.66 $1,083,926.31 $2,016,408.48 $932,482.17 53.76% Total Expenditures $85,610.66 $1,083,926.31 $2,016,408.48 $932,482.17 53.7 6% Net Increase (Decrease) $17.69 $2,788.36 ($8.76) ($2,797.12) - 31830.5 9% OZ-Curr:601-4 Ozaukee County HWY State Highway System For the Eight Months Ending Monday, August 31, 2026 8/31/2026 FRPnL2026 2026 Profit and Loss Statement Page 90 of 94 Current Month Actual 2026 YTD Actual 2026 Total Budget Budget Balance % Budget YTD Revenues Intergovernmental Charges $893,320.16 $2,208,540.58 $1 ,834,914.84 ($373,625.74) 120.36% Total Revenues $893,320.16 $2,208,540.58 $1,834,914.84 ($373,625.74) 1 20.36% Expenditures Salaries 96,738.02 312,844.56 353,499.84 40,655.28 88.50% Supplies 628,677.99 1,344,743.40 848,999.52 (495,743.88) 158.39% Purchased Services 1,998.77 3,098.51 (3,098.51) 0.00% Interdepartment Charges 164,644.04 509,425.36 632,414. 76 122,989.40 80.55% Total Operating Expenditures $892,058.82 $2,170,111.8 3 $1,834,914.12 ($335,197.71) 118.27% Total Expenditures $892,058.82 $2,170,111.83 $1,834,914.12 ($335,197.71) 1 18.27% Net Increase (Decrease) $1,261.34 $38,428.75 $0.72 ($38 ,428.03) 5337326 .39% OZ-Curr:601-5 Ozaukee County HWY Local Roads Maintenance and Construction For the Eight Months Ending Monday, August 31, 2026 8/31/2026 FRPnL2026 2026 Profit and Loss Statement Page 91 of 94 Current Month Actual 2026 YTD Actual 2026 Total Budget Budget Balance % Budget YTD Revenues Interdepartmental Charges $287,685.86 $1,842,727.77 $1 ,093,740.00 ($748,987.77) 168.48% Total Revenues $287,685.86 $1,842,727.77 $1,093,740.00 ($748,987.77) 1 68.48% Expenditures Salaries 42,749.47 280,851.73 195,999.96 (84,851.77) 143.29% Supplies 124,662.95 888,204.49 606,999.36 (281,205.13) 146.33% Purchased Services 49.51 2,737.25 5,499.84 2,762.59 49.77% Interdepartment Charges 107,668.12 668,169.28 285,240. 00 (382,929.28) 234.25% Total Operating Expenditures $275,130.05 $1,839,962.7 5 $1,093,739.16 ($746,223.59) 168.23% Total Expenditures $275,130.05 $1,839,962.75 $1,093,739.16 ($746,223.59) 1 68.23% Net Increase (Decrease) $12,555.81 $2,765.02 $0.84 ($2, 764.18) 329169. 05% OZ-Curr:601-6 Ozaukee County HWY Local Departments Non Highway For the Eight Months Ending Monday, August 31, 2026 8/31/2026 FRPnL2026 2026 Profit and Loss Statement Page 92 of 94 Ozaukee County Highway Department 2026 Capital Outlay Equipment Purchases Fleet # Description Budget 2026 Cost Amount (Over) Under Budget Status 65 Betterment for Tow Plow $50,000.00 $5,756.53 In Progress 89 Chevy Silverado $60,000.00 $55,174.02 In Progress 96 Ford Versalift Sign Truck $375,000.00 $93,522.47 In Progress 98 Ford F350 $75,043.79 In Progress 986 Lite Systems Message Board $14,815.58 In Progress 135 Indeco Compactor $11,748.79 ($11,748.79) Complete 189 Diamond C 12 Ton Trailer $17,500.00 $17,212.75 $287.25 Complete 335 Kubota Skid Steer $120,000.00 $68,037.43 $51,962.57 Complete 0001T Tow Plow $210,000.00 $181,143.00 Ordered $932,500.00 $522,454.36 $40,501.03 Other Capital Projects Location Description Budget 2026 Cost Amount (Over) Under Budget Status Port Corghi Tire Machine $50,000.00 $34,741.92 $15,258.08 Completed Port Repave Yard $225,000.00 $82,695.47 $142,304.53 Completed Waubeka Salt Dome Door $60,000.00 $36,997.00 $23,003.00 Completed Waubeka Repave Yard $80,000.00 $21,814.56 In Progress $415,000.00 $154,434.39 $180,565.61 $100,000.00 Page 93 of 94 Ozaukee County Highway Department 2026 Construction Report 2026 Levy Funded Highway Construction Projects Project Type Miles Levy Budgeted Actual Budget vs Actual Budgeted Tons Actual Tons Complete *CTH W - STH 33 to Schowalter Rd 5" Paving 0.40 $450,000.00 $ - $450,000.00 4,500 CTH K - CTH KW to Termaat Rd 2.5" Overlay; Widen to 28' 0.30 $100,000.00 $ - $100,000.00 750 CTH I - CTH Z to Fredonia-Kohler Rd Reconstruction 0.20 $60,000.00 -$ $60,000.00 450 CTH I - Hawthorne Dr to River Park Rd 2.5" Overlay 1.00 $225,000.00 -$ $225,000.00 2,500 $835,000.00 $0.00 $835,000.00 8,200 0 2024/2025 Levy Funded Highway Department Constructions Projects - Not Completed Project Type Miles Levy Budgeted Actual Budget vs Actual Budgeted Tons Actual Tons Complete CTH I - STH 33 to Shady Ln 2.5" Overlay 1.90 $450,000.00 $ - $450,000.00 4,800 CTH I - Lilac Ln to STH 33 2.5" Overlay; Widen to 30' 5.10 $1,100,000.00 -$ $1,100,000.00 13,000 CTH I - Shady Ln to Hawthorne Dr 2.5" Overlay 1.00 $225,000.00 -$ $225,000.00 2,500 $1,775,000.00 $0.00 $1,775,000.00 20,300 0 Split Funding Source Projects - Bid Work Project Type Total Project Cost/Contract Amt Prior Year(s) Cty Funds Budgeted 2026 Cty Funds Budgeted Prior Year(s) Expense 2026 Expense Grand Total Under (Over) Budget Complete CTH W - STH 33 to Schowalter Rd Engineering $120,000.00 $60,000.00 $0.00 $146,881.76 $32,205.50 $179,087.26 ($119,087.26) CTH W - STH 33 to Schowalter Rd ROW Acquisition $0.00 $135,375.58 $23,300.00 $158,675.58 ($158,675.58) *CTH W - STH 33 to Schowalter Rd Construction $2,800,000.00 $300,000.00 $800,000.00 $0.00 $667,441.92 $667,441.92 $432,558.08 CTH KW - CTH H to Lake Drive Engineering $50,000.00 $0.00 $0.00 $0.00 $0.00 $50,000.00 CTH KW - CTH H to Lake Drive Pulverize/Repave $1,000,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 CTH W - CTH W (Port Rd) & CTH C (Pioneer Rd) Traffic Signals $200,000.00 $20,000.00 $0.00 $5,058.14 $8,943.14 $14,001.28 $5,998.72 CTH Y - CTH Y (Granville Rd) & CTH T (Lakefield Rd) Concrete Reconstruction $100,000.00 $0.00 $50,000.00 $0.00 $27,658.50 $27,658.50 $22,341.50 *All ongoing Projects $4,220,000.00 $430,000.00 $850,000.00 $287,315.48 $759,549.06 $1,046,864.54 $233,135.46 *CTH W - STH 33 to Schowalter Rd Construction - $550,000 budgeted in 2024 ($250,000 tax levy + $300,000 fund balance) 2026 Budget 2026 Actual Budget vs Actual $835,000.00 0.00 $835,000.00 $850,000.00 $759,549.06 $90,450.94 $1,685,000.00 $759,549.06 $925,450.94 LRIP-S & CHI-S Funding (75%) - Const 2024 Funding LRIP-S & CHI-S Funding (75%) Levy Funded County Projects Split Funding/Bid Work CHI-D Funding (50/50 Split) CHI-D Funding (50/50 Split) Const 2027 Signal Improvement CHI Funding (50%); Engineering 2026 Page 94 of 94