Public Works Committee (Meets 1st Thursday of each month at 5:00 p.m.)

PUBLIC WORKS COMMITTEE MEETING AUGUST 5, 2021 GOVERNMENT CENTER ROOM 204 Members Present: Ruth Ludwig, Nick Ledin Members Absent: Jenny VanSickle, Keith Kern Also Present: Todd Janigo, Chris Carlson, Shelley Nelson, Tylor Elm, Ian Schoening, Thor Trone Councilor Ledin called the meeting to order at 5:00 pm. 1. Approval of the July 1, 2021 meeting minutes. MOTION by Ludwig, second by Ledin and carried to approve the minutes from the July 1, 2021 meeting. 2. Councilor Elm a. 2-way Stop on N 16th at Cumming Avenue and a 2-way stop on Baxter Avenue at N 16th (tabled from July 1, 2021 meeting) Councilor Elm met with some constituents regarding some increased enforcement which did not bring about any change in the safety. He also met with a sub-committee that included Councilor Van Sickle, Director Janigo and the Police Department and they came up with some concepts that might help. He is suggesting North 16th Street traffic stop on Cumming Avenue and then Baxter traffic stop on North 16th Street. The grid concept has not yet been approved or discussed, but is coming in the future, but these stop signs would match that grid concept. Director Janigo said that Public Works is looking at how the stop signs were originally laid out, how the roads are being used, and how they should be used. In this situation you have Lamborn as the straight north/south with a stop sign at 18th Street. That would fit in the every two blocks stop sign grid. They are still early on in looking at all of this. Councilor Elm said there was also discussion on narrowing the streets and removing calendar parking. They found there are already some pretty narrow streets out there so that would create another safety issue. That is all part of the discussions. Director Janigo said that the goal is to have the residential areas have stop signs every two blocks but the more heavily used roads would not have them as often. 1 Pubic Works Committee Meeting August 5, 2021  Officer Trone said that his view is that having a sign is better than no sign at all. Motorists tend to think “no sign, no problem” at the uncontrolled intersections and they just drive through. Whenever you apply a sign, in most cases, even if they do not come to a complete stop at the sign as we would like, they are at least slowing down and that helps the situation. With new stop signs there is a learning curve for motorists. Breaking up the traffic pattern in this two block grid will prevent those higher speeds. It does not mean people won’t go faster than they should, but it tends to keep the honest people honest, which is the majority of motorists. In looking at the grid, Director Janigo found several stop signs that would need to be moved or added and some yield signs that would need to be converted to stop signs so it will be a process to get that all completed. Officer Trone is working with Parking Enforcement to make sure they are enforcing that people do not park too close to intersections. This grid will be a larger discussion at a future Public Works Committee meeting. The goal would also be to have some criteria when resident’s request stop signs that guides what the next steps would be. It would standardize the process going forward. The MUTCD has guidelines on when and where stop signs are requested. MOTION by Ludwig, second by Ledin and carried to approve adding a stop sign on North 16th Street at Cumming Avenue and on Baxter Avenue at North 16th Street. 3. Councilor Ledin a. Continued discussion on traffic calming at N 58th and Baxter Councilor Ledin met with a few of the people that signed the petition that was presented at the July 1 meeting. They still feel traffic is too fast coming in to their area. They are still wanting a stop sign at 58th Street and Baxter. Officer Trone said he believes traffic has slowed down now that the construction is done in that area. It is still a long straight stretch straightaway through that area. Director Janigo mentioned that the sub-committee referred to in item 1. They are looking at a construction project with some lane restrictions. It is hard to guess where people will go but there are some things that can be done to encourage traffic to go in certain directions. That might be a good place for a sidewalk and crosswalk to be created. 2 Pubic Works Committee Meeting August 5, 2021  Officer Trone was having technical difficulties with the sign that was placed out there and so he will work on getting that data to the committee. Ledin asked for opinions on the stop sign and Director Janigo preferred to do more traffic calming with sidewalks, crosswalks and boulevards to make people aware that they are in a residential area. If one of the issues is feeling separated and needing to cross 58th, it would be better to make it look like a crossing so motorists recognize that. Assistant Director Carlson also mentioned that we could also make fog lanes out there. Ledin would like to table this until there is information from the speed signs and a concept with some traffic calming methods. Councilor Ludwig said that if it was one stop sign to allow children to cross then maybe we shouldn’t drag our feet. She is willing to go with what Councilor Ledin wants. Officer Trone said that if we look at a stop sign, it should be at Lamborn to slow people down before they enter the true residential area. There is a speed change at Weeks that goes from 30 to 25. There is also a 4-way stop at 58th and John. Motion by Ledin, second by Ludwig and carried to table this item until the next Public Works Committee Meeting. 4. Public Works a. Fleet Vehicle Auction Removals (no action needed) This is just a notification to the Committee that we auctioned off a lowboy tractor that was recently replaced. b. Request approval for the US DOT FAA Entitlement Transfer Agreement We get an entitlement from the BOA for our airport and we have a certain number of years to use it. If we don’t use it, it goes back to the BOA which then goes back to the Feds. The last couple of years we have been planning a taxiway project that is taking quite a bit longer so they transferred our entitlement funding to different airports to build a bank up. We will have our entitlement funding for this 5 year period plus this bank of about $400K to go towards the parallel taxiway project. This allows it to stay all in Wisconsin rather than go back to the Feds. MOTION by Ludwig, second by Ledin and carried to approve the US DOT FAA Entitlement Transfer Agreement. 3 Pubic Works Committee Meeting August 5, 2021 c. Revision #1 to the State Municipal Agreement with WisDOT for Phase II of the 2024 Hammond Ave reconstruction Similar to the Federal funding from the AIP for the airport, this is another type of funding but through the DOT. We have a certain amount of time to use it and if we do not use it, it gets transferred back to the State and then back to the Feds. We have applied for STP Urban Funding for the Barker’s Island Causeway project which, to date, hasn’t been funded, so if that was a 2023 build, we would use it in time. We are taking the STP money from that and moving it to the STP portion of the Hammond Avenue project so we are increasing the funding by $228K in the Hammond Avenue project, thus increasing our cost share by 20% of that. We will be spending more than that based on our CIP allocation. We may or may not get STP funding for the Barker’s Island Causeway when that is approved, but we do not want to lose the money now. We have put a lot of our STP funding into the Hammond Avenue project, as well as some LRIP funding, (we received a $450K LRIP discretionary funding), so we are putting all of those into Hammond Avenue. When the next cycle comes around in 2024 that will cover projects that might be happening at that time. It is a rolling number so depending on how much you use it rolls to the next time you use funding. Director Janigo has it plugged back in to the 2021 CIP with the request for funding for the Barker’s Island Causeway. MOTION by Ludwig, second by Ledin and carried to approve the Revision #1 to the State Municipal Agreement with WisDOT for Phase II of the 2024 Hammond Ave reconstruction. d. Purchase of Replacement Garbage Carts (no action needed) We are purchasing garbage carts through a purchasing organization bid program so we do not need approval, however it is over $25K so this is the notification to the Committee about this purchase. There are 530 cans being purchased for $58 each. There will probably be 3 purchases every two years going forward. When the garbage fee was first implemented and we picked up all those second cans, it took us about 5 years to go through all those cans with fixing and putting them back out so now we are back to purchasing every two years. We have about 11 – 12,000 carts out there and are going through about 700 per year, so that is a pretty low percent. We do have someone that does repair cans as long as they can. 4 Pubic Works Committee Meeting August 5, 2021  5. ESD Director’s Report Received and filed. 6. Public Works Director’s Report a. Parks Department - Painting proposal for Fairlawn Mansion for $12,500 that we did a contract for. There was an installation of a furnace vent that caused some damage to the paint and so this is to correct that. b. Parks Department - There is a $3,000 contract for some Boreal native plantings at the Barker’s Island parking lot. c. We did receive one additional odor complaint from the Itasca neighborhood about a week and a half ago. They have been treating for about three weeks now. It is getting better but they are still having some disruptions. d. The Sidewalk program is just about completed. There are three spots in Billings Park to finish up. Should be close to being seeded this week. e. Garbage Route reconfiguration seems to have gone fairly well. f. We are waiting on some signals and then after Labor Day will finish up the East 2nd Street project. Councilor Ledin adjourned the meeting at 5:40 p.m. The next Public Works Committee meeting will be held September 2, 2021 at 5 p.m. in room 204 of the Government Center. Minutes submitted to the Council Meeting of August 17, 2021. 5 Pubic Works Committee Meeting August 5, 2021  $ ! " $ " ! $ ! " JOHN AV JOHN AV JOHN AV JOHN AV $ ! " JOHN AV $ ! " $ " ! $ " ! $ ! " N 18TH ST N 17TH ST N 16TH ST HUGHITT AV HUGHITT AV $ ! "!$ " HUGHITT AV HUGHITT AV $ " ! HUGHITT AV $ ! "!$ " $ " ! N 18TH ST N 17TH ST N 16TH ST $ ! " $ " ! $ " ! HAMMOND HAMMOND AV HAMMOND AV HAMMOND AV HAMMOND AV HAMMOND AV HAMMOND AV HAMMOND AV HAMMOND AV AV $ " ! $ ! " $ ! " $ ! " $ ! " N 19TH ST N 18TH ST N 17TH ST HARRISON ST N 16TH ST $ " ! 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Public reporting for this collection of information is estimated to be approximately 8 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, completing and reviewing the collection of information. All responses to this collection of information are required under 49 U.S.C. Section 47105 to retain a benefit and to meet the reporting requirements of 2 CFR 200. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Information Collection Clearance Officer, Federal Aviation Administration, 10101 Hillwood Parkway, Fort Worth, TX 76177-1524. FAA Form 5100-110  U.S. Department of Transportation OMB CONTROL NUMBER: 2120-0569 Federal Aviation Administration EXPIRATION DATE: 6/30/2023 Request for FAA Approval of Agreement for Transfer of Entitlements In accordance with 49 USC § 47117(c)(2), Name of Transferring Sponsor: City of Superior hereby waives receipt of the following amount of funds apportioned to it under 49 USC § 47114(c) for the: Name of Transferring Airport (and LOCID): Richard I Bong ( SUW ) for each fiscal year listed below: Entitlement Type (Passenger, Cargo or Fiscal Year Amount Nonprimary) Block Grant 89 2017 $ 143,000.00 Total N/A $ 143,000.00 The Federal Aviation Administration has determined that the waived amount will be made available to: Name of Airport (and LOCID) Receiving Transferred Entitlements: Waukesha County Airport ( UES ) Name of Receiving Airport’s Sponsor: Waukesha County a public use airport in the same state or geographical areas as the transferring airport for eligible projects under 49 USC § 47104(a). The waiver expires on the earlier of (date) or when the availability of apportioned funds lapses under 49 USC § 47117(b). For the United States of America, Federal Aviation Administration: Signature: Name: David M. Greene Title: Director, Bureau of Aeronautics Date: FAA Form 5100-110 (8/20) SUPERSEDES PREVIOUS EDITION Page 1 of 2 Certification of Transferring Sponsor I declare under penalty of perjury that the foregoing is true and correct. I understand that knowingly and willfully providing false information to the federal government is a violation of 18 USC § 1001 (False Statements) and could subject me to fines, imprisonment, or both. Executed on this day of , Name of Sponsor: Name of Sponsor’s Authorized Official: Title of Sponsor’s Authorized Official: Signature of Sponsor’s Authorized Official: Certificate of Transferring Sponsor’s Attorney I, , acting as Attorney for the Sponsor do hereby certify that in my opinion the Sponsor is empowered to enter into the foregoing Agreement under the laws of the state of . Further, I have examined the foregoing Agreement and the actions taken by said Sponsor and Sponsor’s official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said state and 49 USC § 47101, et seq. Dated at (City, State), this day of , Signature of Sponsor’s Attorney: ________________________________________________________ Submit by Email FAA Form 5100-110 (8/20) SUPERSEDES PREVIOUS EDITION Page 2 of 2  REVISION #1 Revised Date: July 19, 2021 STATE/MUNICIPAL AGREEMENT Date: June 25, 2020 FOR A STATE- LET STP-URBAN PROJECT I.D.: 8998-00-35/36 Road Name: C Superior, Hammond Avenue This agreement supersedes the agreement signed by the Municipality on Limits: N 21st Street to N 28th Street 08/10/2020 and signed by the State on County: Douglas 08/20//2020. Roadway Length: 0.49 mile Functional Classification: Minor Arterial Program Name: STP-Urban Project Sponsor: City of Superior Population Group: 50k – 200k Construction Schedule: State Fiscal Year 2024 Sub-program #: 206 Cycle: 2020-2025 The signatory, City of Superior, hereinafter called the Municipality, through its undersigned duly authorized officers or officials, hereby requests the State of Wisconsin Department of Transportation, hereinafter called the State, to initiate and effect the highway or street improvement hereinafter described. The authority for the Municipality to enter into this agreement with the State is provided by Sections 86.25(1), (2), and (3) and Section 66.0301 of the Statutes. NEEDS AND ESTIMATE SUMMARY: All components of the project must be defined in the environmental document if any portion of the project is federally funded. The Municipality agrees to complete all participating and any non-participating work included in this improvement consistent with the environmental document. No work on final engineering and design may occur prior to approval of the environmental document. Existing Facility - Describe and give reason for request: The existing facility is a two-lance urban cross section with 11 FT lanes. Pavement is combination with asphalt over concrete. Shoulders are curb and gutter. It was last improved in 2019. There are existing sidewalks and bicycle/pedestrian accommodations. The numerous layers of hot mix asphalt over the concrete sections results in heaving of the roadway, cracking though the asphalt, and persistent surface deterioration. This facility is an important north-south route and north of the proposed project is the terminus of the Blatnik Bridge (I- 535). Proposed Improvement - Nature of work: The proposed improvement will reconstruct an urban cross section of 2,627 feet. Grading will be moderate. Pavement will be hot mix asphalt with a face of curb to face of curb width of 48 feet. Reconstruction will include removal of all pavement surfaces, placement of base and subbase materials, installation of subbase drainage, and installation of HMA surface. Improvements will be made to bicycle and pedestrian facilities. 5 foot sidewalks will be included for a total length of 5,255 feet. Work will include pavement marking, as well as signing. No additional right- of-way will be required. Describe non-participating work included in the project and other work necessary to completely finish the project that will be undertaken independently by the Municipality. Please note that non-participating components of a project/contract are considered part of the overall project and will be subject to applicable federal requirements: A nominal amount is included for any necessary maintenance or repair of haul roads. PLN\LocalProgram\STP_Local_Bridge\2020-2025 Local Bridge & STP\SMAs\STP-UrbanPage 1 of 7 ID 8998-00-35/36 NW Region The Municipality agrees to the following 2020-2025 Urbanized Area project funding conditions: Project design costs are 100% Municipally funded, including state review. Project construction costs are funded with up to 80% federal/state funding up to a funding limit of $1,376,275. The Municipality agrees to provide the remaining 20% and any funds in excess of the $1,376,275 federal/state funding limit. Non- participating costs are 100% the responsibility of the Municipality. Any work performed by the Municipality prior to federal authorization is not eligible for federal funding. The Municipality will be notified by the State that the project is authorized and available for charging. This project is currently scheduled in State Fiscal Year 2024. In accordance with the State’s sunset policy for STP-Urban Program projects, the subject 2020-2025 STP-Urban Program improvement must be constructed and in final acceptance within six years from the start of State Fiscal Year 2021, or by June 30, 2026. Extensions may be available upon approval of a written request by or on behalf of the Municipality to State. The written request shall explain the reasons for project implementation delay and revised timeline for project completion. The dollar amounts shown in the Summary of Costs Table below are estimates. The final Municipal share is dependent on the final federal participation, and actual costs will be used in the final division of cost for billing and reimbursement. In no event shall federal or State funding exceed the estimate of $1,376,275 in the Summary of Costs Table, unless such increase is approved in writing by the State through the State’s Change Management Policy prior to the Municipality incurring the increased costs. SUMMARY OF COSTS Federal Municipal PHASE Total Est. Cost Funds % Funds % ID 8998-00-35 Design 0% $0 100% State Review $10,000 $0 0% $10,000 100% ID 8998-00-36 Participating Construction $1,710,344 $1,368,275 80% $342,069 20% + BAL Non-Participating Construction $500 $0 0% $500 100% State Review $10,000 $8,000 80% $2,000 20% + BAL Total Est. Cost Distribution $1,730,844 $1,376,275 MAX $354,569 N/A *Design ID# 8998-00-35 is 100% locally funded, including state review. *Construction ID# 8998-00-36 federal funding is limited to $1,376,275. This request is subject to the terms and conditions that follow (pages 2 – 7]) and is made by the undersigned under proper authority to make such request for the designated Municipality and upon signature by the State and delivery to the Municipality shall constitute agreement between the Municipality and the State. No term or provision of neither the State/Municipal Agreement nor any of its attachments may be changed, waived or terminated orally but only by an instrument in writing executed by both parties to the State/Municipal Agreement. Signatures certify the content has not been altered by the municipality. Signed for and in behalf of: City of Superior (please sign in blue ink.) Name Title Date Signed for and in behalf of the State: Name Title Date PLN\LocalProgram\STP_Local_Bridge\2020-2025 Local Bridge & STP\SMAs\STP-UrbanPage 2 of 7 ID 8998-00-35/36 NW Region GENERAL TERMS AND CONDITIONS: 1. All projects must be in an approved Transportation Improvement Program (TIP) or State Transportation Improvement Program (STIP) prior to requesting authorization. 2. Work prior to federal authorization is ineligible for federal funding. 3. The Municipality, throughout the entire project, commits to comply with and promote all applicable federal and state laws and regulations that include, but are not limited to, the following: a. Environmental requirements, including but not limited to those set forth in the 23 U.S.C. 139 and National Environmental Policy Act (42 U.S.C. 4321 et seq.) b. Equal protection guaranteed under the U.S. Constitution, WI Constitution, Title VI of the Civil Rights Act and Wis. Stat. 16.765. The municipality agrees to comply with and promote applicable Federal and State laws, Executive Orders, regulations, and implementing requirements intended to provide for the fair and equitable treatment of individuals and the fair and equitable delivery of services to the public. In addition, the Municipality agrees not to engage in any illegal discrimination in violation of applicable Federal or State laws and regulations. This includes but is not limited to Title VI of the Civil Rights Act of 1964 which provides that “no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.” The Municipality agrees that public funds, which are collected in a nondiscriminatory manner, should not be used in ways that subsidize, promote, or perpetuate illegal discrimination based on prohibited factors such as race, color, national origin, sex, age, physical or mental disability, sexual orientation, or retaliation. c. Prevailing wage requirements, including but not limited to 23 U.S.C 113. d. Buy America Provision and its equivalent state statutes, set forth in 23 U.S.C. 313 and Wis. Stat. 16.754. e. Competitive bidding and confidentiality requirements set forth in 23 U.S.C 112 and Wis. Stat. 84.06. This includes the sharing of financial data prior to the conclusion of the competitive bid period. f. All applicable Disadvantaged Business Enterprise (DBE) requirements that the State specifies. g. Federal statutes that govern the Surface Transportation Program (STP), including but not limited to 23 U.S.C. 133. h. General requirements for administering federal and state aid set forth in Wis. Stat. 84.03. STATE RESPONSIBILITIES AND REQUIREMENTS: 4. Funding of each project phase is subject to inclusion in Wisconsin’s approved 2020-2025 Urbanized Area STP-Urban program. Federal funding will be limited to participation in the costs of the following items, as applicable to the project: a. The grading, base, pavement, and curb and gutter, sidewalk, and replacement of disturbed driveways in kind. b. The substructure, superstructure, grading, base, pavement, and other related bridge and approach items. c. Storm sewer mains necessary for the surface water drainage. d. Catch basins and inlets for surface water drainage of the improvement, with connections to the storm sewer main. PLN\LocalProgram\STP_Local_Bridge\2020-2025 Local Bridge & STP\SMAs\STP-UrbanPage 3 of 7 ID 8998-00-35/36 NW Region  e. Construction engineering incident to inspection and supervision of actual construction work (except for inspection, staking, and testing of sanitary sewer and water main). f. Signing and pavement marking. g. New installations or alteration of street lighting and traffic signals or devices. h. Landscaping. i. Construction oversight and state review services. 5. The work will be administered by the State and may include items not eligible for federal participation. 6. As the work progresses, the State will bill the Municipality for work completed which is not chargeable to federal funds. Upon completion of the project, a final audit will be made to determine the final division of costs subject to project funding limits in the Summary of Costs Table. If reviews or audits show any of the work to be ineligible for federal funding, the Municipality will be responsible for any withdrawn costs associated with the ineligible work. MUNICIPAL RESPONSIBILITIES AND REQUIREMENTS: 7. Work necessary to complete the 2020-2025 Urbanized Area STP-Urban improvement project to be financed entirely by the Municipality or other utility or facility owner includes the items listed below. a. Preliminary engineering and design, including state review. b. New installations of or alteration of sanitary sewers and connections, water, gas, electric, telephone, telegraph, fire or police alarm facilities, parking meters, and similar utilities. c. Damages to abutting property after project completion due to change in street or sidewalk widths, grades or drainage. d. Detour routes and haul roads. The municipality is responsible for determining the detour route. e. Conditioning, if required and maintenance of detour routes. f. Repair of damages to roads or streets caused by reason of their use in hauling materials incident to the improvement. g. All work related to underground storage tanks and contaminated soils. h. Street and bridge width in excess of standards, in accordance with the current WisDOT Facilities Development Manual. i. Real estate for the improvement. 8. The construction of the subject improvement will be in accordance with the appropriate standards unless an exception to standards is granted by State prior to construction. The entire cost of the construction project, not constructed to standards, will be the responsibility of the Municipality unless such exception is granted. 9. Work to be performed by the Municipality without federal funding participation necessary to ensure a complete improvement acceptable to the Federal Highway Administration and/or the State may be done in a manner at the election of the Municipality but must be coordinated with all other work undertaken during construction. 10. The Municipality is responsible for financing administrative expenses related to Municipal project responsibilities. PLN\LocalProgram\STP_Local_Bridge\2020-2025 Local Bridge & STP\SMAs\STP-UrbanPage 4 of 7 ID 8998-00-35/36 NW Region 11. The Municipality will include in all contracts executed by them a provision obligating the contractor not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in Wis. Stat.51.01 (5), sexual orientation as defined in Wis. Stat. 111.32 (13m), or national origin. 12. The Municipality will pay to the State all costs incurred by the State in connection with the improvement that exceed federal financing commitments or are ineligible for federal financing. To guarantee the Municipality’s foregoing agreements to pay the State, the Municipality, through its above duly authorized officers or officials, agrees and authorizes the State to set off and withhold the required reimbursement amount as determined by the State from any moneys otherwise due and payable by the State to the Municipality. 13. In accordance with the State’s sunset policy for Urbanized Area STP-Urban projects, the subject 2020-2025 Urbanized Area STP-Urban improvement must be constructed and in final acceptance within six years from the start of State Fiscal Year 2021 or by June 30, 2026. Extensions may be available upon approval of a written request by or on behalf of the Municipality to State. The written request shall explain the reasons for project implementation delay and revised timeline for project completion. 14. If the Municipality should withdraw the project, it will reimburse the State for any costs incurred by the State on behalf of the project. 15. The Municipality will at its own cost and expense: a. Maintain all portions of the project that lie within its jurisdiction (to include, but not limited to, cleaning storm sewers, removing debris from sumps or inlets, and regular maintenance of the catch basins, curb and gutter, sidewalks and parking lanes [including snow and ice removal]) for such maintenance in a manner consistent with reasonable industry standards, and will make ample provision for such maintenance each year. b. Regulate [or prohibit] parking at all times in the vicinity of the proposed improvements during construction. c. Regulate [or prohibit] all parking at locations where and when the pavement area usually occupied by parked vehicles will be needed to carry active traffic in the street. d. Assume general responsibility for all public information and public relations for the project and to make fitting announcement to the press and such outlets as would generally alert the affected property owners and the community of the nature, extent, and timing of the project and arrangements for handling traffic within and around the project. e. Provide complete plans, specifications, and estimates to State upon request. f. Provide relocation orders and real estate plats to State upon request. g. Use the WisDOT Utility Accommodation Policy unless it adopts a policy, which has equal or more restrictive controls. h. Provide maintenance and energy for lighting. i. Provide proper care and maintenance of all landscaping elements of the project including replacement of any plant materials damaged by disease, drought, vandalism or other cause. 16. It is further agreed by the Municipality that: a. The Municipality assumes full responsibility for the design, installation, testing and operation of any sanitary sewer and water main infrastructure within the improvement project and relieves the state and all of its employees from liability for all suits, actions, or claims resulting from the sanitary sewer and water main construction under this agreement. PLN\LocalProgram\STP_Local_Bridge\2020-2025 Local Bridge & STP\SMAs\STP-UrbanPage 5 of 7 ID 8998-00-35/36 NW Region  b. The Municipality assumes full responsibility for the plans and special provisions provided by their designer or anyone hired, contracted or otherwise engaged by the Municipality. The Municipality is responsible for any expense or cost resulting from any error or omission in such plans or special provisions. The Municipality will reimburse State if State incurs any cost or expense in order to correct or otherwise remedy such error or omission or consequences of such error or omission. c. The Municipality will be 100% responsible for all costs associated with utility issues involving the contractor, including costs related to utility delays. d. All signs and traffic control devices and other protective structures erected on or in connection with the project including such of these as are installed at the sole cost and expense of the Municipality or by others, will be in conformity with such Manual of Uniform Traffic Control Devices as may be adopted by the American Association of State Highway and Transportation Officials, approved by the State, and concurred with by the Federal Highway Administration. e. The right-of-way available or provided for the project will be held and maintained inviolate for public highway or street purposes. Those signs prohibited under federal aid highway regulations, posters, billboards, roadside stands, or other private installations prohibited by Federal or State highway regulations will not be permitted within the right-of-way limits of the project. The Municipality, within its jurisdictional limits, will remove or cause to be removed from the right-of-way of the project all private installations of whatever nature which may be or cause an obstruction or interfere with the free flow of traffic, or which may be or cause a hazard to traffic, or which impair the usefulness of the project and all other encroachments which may be required to be removed by the State at its own election or at the request of the Federal Highway Administration, and that no such installations will be permitted to be erected or maintained in the future. f. The Municipality is responsible for any damage caused by legally hauled loads, including permitted oversize and overweight loads. The contractor is responsible for any damage caused to haul roads if they do not obey size and weight laws, use properly equipped and maintained vehicles, and do not prevent spilling of materials onto the haul road (WisDOT Standard Specifications 618.1, 108.7, 107.8). The local maintaining authority can impose special or seasonal weight limitations as defined in Wis. Stat. 349.16, but this should not be used for the sole purpose of preventing hauling on the road. The bid item 618.0100 Maintenance and Repair of Haul Roads (project) is ineligible for federal funding on local program projects as per the State/Municipal Agreement. The repair of damages as a result of hauling materials for the project is the responsibility of the Municipality as specified in the State/Municipal Agreement Terms and Conditions under Municipal Responsibilities and Requirements. LEGAL RELATIONSHIPS: 17. The State shall not be liable to the Municipality for damages or delays resulting from work by third parties. The State also shall be exempt from liability to the Municipality for damages or delays resulting from injunctions or other restraining orders obtained by third parties. 18. The State will not be liable to any third party for injuries or damages resulting from work under or for the Project. The Municipality and the Municipality’s surety shall indemnify and save harmless the State, its officers and employees, from all suits, actions or claims of any character brought because of any injuries or damages received or sustained by any person, persons or property on account of the operations of the Municipality and its sureties; or on account of or in consequence of any neglect in safeguarding the work; or because of any act or omission, neglect or misconduct of the Municipality or its sureties; or because of any claims or amounts recovered for any infringement by the Municipality and its sureties of patent, trademark or copyright; or from any claims or amounts arising or recovered under the Worker's Compensation Act, relating to the employees of the Municipality and its sureties; or any other law, ordinance, order or decree relating to the Municipality's operations. PLN\LocalProgram\STP_Local_Bridge\2020-2025 Local Bridge & STP\SMAs\STP-UrbanPage 6 of 7 ID 8998-00-35/36 NW Region 19. Contract modification: This State/Municipal Agreement can only be modified by written instruments duly executed by both parties. No term or provision of either this State/Municipal Agreement or any of its attachments may be changed, waived or terminated orally. 20. Binding effects: All terms of this State/Municipal Agreement shall be binding upon and inure to the benefits of the legal representatives, successors and executors. No rights under this State/Municipal Agreement may be transferred to a third party. This State/Municipal Agreement creates no third-party enforcement rights. 21. Choice of law and forum: This State/Municipal Agreement shall be interpreted and enforced in accordance with the laws of the State of Wisconsin. The Parties hereby expressly agree that the terms contained herein, and in any deed executed pursuant to this State/Municipal Agreement are enforceable by an action in the Circuit Court of Dane County, Wisconsin. PROJECT FUNDING CONDITIONS 22. Non-appropriation of funds: With respect to any payment required to be made by the State under this State/Municipal Agreement, the parties acknowledge the State’s authority to make such payment is contingent upon appropriation of funds and required legislative approval sufficient for such purpose by the Legislature. If such funds are not so appropriated, either the Municipality or the State may terminate this State/Municipal Agreement after providing written notice not less than thirty (30) days before termination. 23. Maintenance of Records: During the term of performance of this State/Municipal Agreement, and for a period not less than three years from the date of final payment to the Municipality, records and accounts pertaining to the performance of this State/Municipal Agreement are to be kept available for inspection and audit by representatives of the Department. The Department reserves the right to audit and inspect such records and accounts at any time. The Municipality shall provide appropriate accommodations for such audit and inspection. In the event that any litigation, claim or audit is initiated prior to the expiration of said records maintenance period, the records shall be retained until such litigation, claim or audit involving the records is complete. 24. The Municipality agrees to the following 2020-2025 Urbanized Area STP-Urban project funding conditions: a. ID 8998-00-35: Design is funded 100% by the Municipality. This phase includes plan development, management consultant review, and state review. The work includes project review, approval of required reports and documents and processing the final Plan, Specification & Estimate (PS&E) document for award of the contract. b. ID 8998-00-36: Construction: i. Costs for construction are funded with 80% federal/state funding up to a limit of $1,376,275. The Municipality agrees to provide the remaining 20% and any funds in excess of the $1,376,275 federal/state funding limit. ii. Non-participating costs for any maintenance or repair of haul roads are funded 100% by the Municipality. Costs include construction delivery. iii. Costs for this phase include an estimated amount for state review activities, to be funded 80% with federal funding and 20% by the Municipality. [End of Document] PLN\LocalProgram\STP_Local_Bridge\2020-2025 Local Bridge & STP\SMAs\STP-UrbanPage 7 of 7 ID 8998-00-35/36 NW Region  QUOTE Cooperative Agreements H-GAC Contract #RC01-18 MassDEP Contract #FAC87 Sourcewell Contract #041217-CEI formerly NJPA 4950 37th Street SE, Grand Rapids, MI 49512 Date: June 22, 2021 QUOTE PREPARED FOR: SHIP TO: City of Superior Bill to: MU52310 Ms. Ida Sampson Ship to: MU52312 2301 Hill Ave Superior, WI 54880 *Revised 07/21/2021* ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENDED PRICE 96-Gallon Automated Carts 530 $58.08 $30,782.40 PN:96A90872-12 Black w/12" Wheels Subtotal $30,782.40 Freight 1 $0.00 $0.00 Sales Tax (if applicable) 1 $0.00 $0.00 Total $30,782.40 ADDITIONAL INFORMATION Freight Info: 1-load quoted to Superior WI. Freight is included in the cart price. Wheel Size: 12" Wheels per Customer Request Leadtime: Estimated August 13, 2021 Payment Terms: Net 45 Days Warranty: 10 year non-prorated Quote Valid Until: 08-20-21 Taxes: Taxes are not shown. All applicable taxes to be paid by buyer unless tax exemption certificate is provided PRESENTED BY: ACCEPTED BY: Matt Maes, Regional Sales Manager Cascade Engineering, Inc. 4950 37th Street SE Sign and Print Name Date Grand Rapids, MI 49512 Phone: 507-514-1499 Fax: 616-975-4902 Title Phone Email: matt.maes@cascadeng.com Please return signed acceptance to Matt Maes at the email or fax number above. Cascade Engineering Terms & Conditions of Sale Cascade Quote - 96-Gallon Automated Carts - 06-22-2021(Rev.07-21-21).xlsx  Environmental Services Division Public Works Department Phone: (715) 394-0392 Ext. 1034 ES Director Fax: (715) 394-0406 Steve Roberts E-mail: robertss@ci.superior.wi.us 51 E 1st Street Website: www.ci.superior.wi.us Superior, WI 54880 Memorandum DATE: August 12, 2021 TO: Members of the Public Works Committee FROM: Steve Roberts RE: ESD Director’s Report for August 2021 PWC 1) Wastewater Treatment Operations a) 111.9 million gallons of treated effluent were discharged from the main wastewater treatment facility in July. No discharges from combined sewer treatment facilities occurred. b) Discharged effluent has been compliant with 100% of permit limits since November, 2019. The longest previous period of continuous effluent compliance of 410 days was surpassed on January 4th. 2) Collection System Operations a) No Combined Sewer Overflows (CSOs), or Sanitary Sewer Overflows (SSOs) year-to- date. The most recent SSO occurred in April of 2020 and the most recent wet weather SSO occurred in October of 2018. SR/sr C: Jodi Saylor, Todd Janigo, Chris Carlson, ESD Managers