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

PUBLIC WORKS COMMITTEE MEETING December 2, 2021 GOVERNMENT CENTER ROOM 204 Members Present: Nick Ledin, Jenny Van Sickle, Ruth Ludwig Members Absent: Keith Kern Also Present: Todd Janigo, Jodi Saylor, Shelley Nelson, Thor Trone, Lindsey Graskey Councilor Van Sickle called the meeting to order at 5:00 pm. 1. Approval of the November 4, 2021 meeting minutes. MOTION by Ludwig, second by Ledin and carried to approve the November 4, 2021 meeting minutes. 2. Councilor Graskey a. Request approval to eliminate calendar parking on North 6th Street between Hammond and Grand and add no parking on the even side of North 6th Street between Hammond and Grand. Councilor Graskey received a couple of emails from residents one regarding their driveway being blocked often and another regarding some safety issues with school bus drop offs. Director Janigo pointed out some different access points in that area, so if you eliminate calendar parking and let everyone park on the north side, it expands parking in that area. MOTION by Ludwig, second by Ledin and carried to approve eliminating calendar parking on North 6th Street between Hammond and Grand and add no parking on the even side of North 6th Street between Hammond and Grand. 3. Parks, Recreation & Forestry a. Purchase of Additional Snow Flake Holiday Decorations. (no action required) Additional snow flake decorations would be replacements and additional stock. Councilor Van Sickle has ideas for some summer decorations and so Director Janigo suggested a separate meeting to discuss expanding decorations in the City. 4. Public Works a. Request approval for Municipal Services Building (MSB) Cleaning Services Amendment with Jack Rabbit Cleaning, LLC. This contract has been ongoing for several years. This year the rates are not being raised and will be extended through 2022. They are doing a good job and so recommend they continue to have the contract. MOTION by Ledin, second by Ludwig and carried to approve the Municipal Services Building (MSB) Cleaning Services Amendment with Jack Rabbit Cleaning, LLC. 1 Pubic Works Committee Meeting December 2, 2021 b. Recommendation of approval to renew the Professional Engineering Services Agreement with Weyandt, LLC. For the last five to seven years, Public Works has gone through a process for service agreements where all of the details and language are setup so when it comes time for needing one of these companies, the contract is ready to go. These engineering companies are also used for smaller tasks as needed. Anything above that $5K range, multiple quotes would be sought, anything over $25K goes to the RFP process. This just sets the language out for the smaller stuff and makes bigger stuff go through more quickly. MOTION by Ledin, second by Ludwig and carried to approve the renewal of the Professional Engineering Services Agreement with Weyandt, LLC. c. Recommendation of Renewal of Contract: Professional Engineering Services Agreement with Short Elliot Hendrickson, Inc. Same as discussed above. MOTION by Ludwig, second by Ledin and carried to approve the renewal of the Contract: Professional Engineering Services Agreement with Short Elliot Hendrickson, Inc. d. Recommendation to approve the State Municipal Agreement (SMA) Revision 3 between the City and the Wisconsin Department of Transportation (WISDOT) for the completed N 28th Street Resurfacing Project. The SMA is allowing the funding to be moved around as necessary to cover different projects. If we don’t update the SMA some of the funding levels can go down. This process also sets the cost straight on what the project actually was and what the actual cost was. For example at the railroad crossing between Hill Avenue and the tracks, an additional $450K was added due to having to do a rail crossing since the project was in that area. There was no way for us to get away from this cost as we were so far down the road with it. In order to meet the DOT requirements it has to be signed off by the designing engineer showing that there is a 10 year life expectancy. We do keep a contingency amount in the case that these types of changes happen. This was reflected on the last CIP and on the new update coming through. Without doing this, without finishing the project, the $827,960 in Urban Funds would have been lost and we would have had to pay back the design cost. That area is pretty wide open right now, so we are looking at a project in that area to create a 10 foot wide bike path, do some grading, add some green space, etc. to make it look like an actual road. There was hope that this would happen with the original project, but when the rail crossing was added the money shifted to that. Director Janigo has some preliminary cross sections from the company that designed the 28th Street Project because they designed this project so we just need to work on the design and get ready to go for 2023. MOTION by Ludwig, second by Ledin and carried to approve the State Municipal Agreement (SMA) Revision 3 between the City and the Wisconsin Department of Transportation (WISDOT) for the completed N 28th Street Resurfacing Project. 2 Pubic Works Committee Meeting December 2, 2021  e. Recommendation of a Resolution Requiring the Repair of a Railroad Crossing at Catlin Avenue north of Winter Street (FRA# 186166U) A couple of months ago, the City did a resolution directing the railroad to fix their crossing. They did not respond within the 30 days and so we now file the paperwork with the OCR and go through a hearing process. These crossings are in pretty bad shape and need to be repaired. We did this North 12th and E 5th. Now we are doing the ones on Winter Street because these are also pretty bad. The one on Winter Street down by Hill under the viaduct will be repaired or replaced with the 2024 DOT project so we are not going to put too much effort in to that one as they take so long. We are trying to get a few in the queue to see how the process works. The hope is that the E 5th/N12th crossing will be fixed in 2023 sometime once we get through the process. MOTION by Ledin, second by Ludwig and carried to approve the resolution requiring the Repair of a Railroad Crossing at Catlin Avenue north of Winter Street (FRA# 186166U). f. Recommendation of a Resolution Requiring the Repair of a Railroad Crossing at Winter Street east of Catlin Avenue (FRA# 186165M) Included in discussion above MOTION by Ledin, second by Ludwig and carried to approve Resolution Requiring the Repair of a Railroad Crossing at Winter Street east of Catlin Avenue (FRA# 186165M). 5. ESD Director’s Report Received and filed. 6. Public Works Director’s Report a. Janigo hopes to give this committee a Blatnik update at the January meeting. The WISDOT will be sending out a tweet tomorrow to inform people of a Public Meeting about the bridge so we plan to share that as well. b. Parkland Sanitary District resumed normal operations on the15th. They are doing much better, but they are not quite there yet. ESD is working with their consultant and trying to dial in the chemical feed rates. They still have some hydrogen sulfide, they are testing the water for sulfides. They still have some gas. The levels are not typically above the IDLH (Immediately Dangerous to Life and Health). There is still some risk but it is much lower than it was. There have been a couple of odor complaints this last week. The City has been giving Parkland data once a day. Once spring and warm weather come, it will likely change the waste water so will need to adjust at that point again. c. 39th and E 2nd Street should be pretty well done. There are a couple of punch list items yet to be completed. There have been some issues at 39th – it is like someone hit the pedestrian button every time signal changes so there is a programming issue there. Once that is wrapped up and the signals are all working find, that should be the end of the project. d. Hammond Ave, we are planning to have a public input meeting after first of the year. We will give the cross sections and get feedback on things such as parking or no parking, trail, trees, etc. Going to be hard to get in everything everyone wants in that corridor but we will try to incorporate a good balance. From Belknap to 28th, the first design and first priority is to design and fit it in without taking trees down. Open House but with a 3 Pubic Works Committee Meeting December 2, 2021  presentations of about 20-30 minutes. People will be given the opportunity to put a ideas and notes on the map. Will have online option as well. e. Tower Ave signal at Central – had an issue out there yesterday, the signal arms came down when there was no train during heavy morning traffic. That was fixed and it is working now. Director Janigo is planning to do a quick walk through on Monday morning. f. The Sander tracking application is now live so people can login and see where the sanders are and where they have been. The public facing side is not the greatest, not designed to do that, so there is a little glitch. You can see when they started and where they are at. We are working on portal out of that program that puts that live feed on a different map showing what has been done in last 2, 4, 6 hours, etc. and all priority routes. Easier for public to see and understand. g. The Sustain Our Great Lakes (SOGL) project should go out to bid right after first of the year. We hope to have a contract ready in February. There is a webpage on the City’s website that shows the rendering and information about the project. h. Councilor Van Sickle asked about Tower 26. Director Janigo just received some info from AECom looking at road diet information. Meeting set up next week to go over that info. Councilor Van Sickle gave an update on the Blatnik. So far, they committee has eliminated 2 of 4 options. There will be no tunnels and no connecting to Connors Point. The options left are largely what we suspected. There was discussion surrounding concerns with traffic coming in to Superior and how that will be handled. Councilor Van Sickle adjourned the meeting at 5:54 p.m. The next Public Works Committee meeting will be held December 2, 2021 at 5 p.m. in Room 204 of the Government Center. Minutes submitted to the Council Meeting of November 16, 2021. 4 Pubic Works Committee Meeting December 2, 2021 ORDINANCE #021- AN ORDINANCE INTRODUCED BY THE PUBLIC WORKS COMMITTEE AMENDING THE CITY CODE, CHAPTER 112, TRAFFIC CODE, ARTICLE III, PARKING. The Common Council of the City of Superior, Wisconsin does ordain as follows: SECTION 1. City Code Chapter 112, Traffic Code, Article III, Parking, Schedule D, No Parking on Even-Numbered Side of Street, is hereby amended as follows under: SECTION 1. No Parking on Even Side of Street North 6th Street between Hammond Avenue and Grand Avenue SECTION 2. Signs. The Department of Public Works is hereby authorized and directed to erect official traffic signs. SECTION 3. All ordinance and parts of ordinances in conflict herewith are hereby repealed. SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. SECTION 5. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law. Passed and adopted this 21st day of December, 2021. Approved this 21st day of December, 2021. ________________________________________ Mayor Attest: _________________________________ City Clerk ORDINANCE #O21- AN ORDINANCE INTRODUCED BY THE PUBLIC WORKS COMMITTEE AMENDING THE CITY CODE, CHAPTER 112, TRAFFIC CODE, ARTICLE VII, SCHEDULE I, STREETS EXCLUDED FROM CALENDAR PARKING The Common Council of the City of Superior, Wisconsin, does ordain as follows: SECTION 1. City Code Chapter 112, Traffic Code, Article VII, Schedule I, Streets Excluded from Calendar Parking of the City Code is hereby amended by adding: North 6th Street between Hammond Avenue and Grand Avenue SECTION 2. Signs. The Department of Public Works is hereby authorized and directed to erect official traffic signs. SECTION 3. All ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION 4. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by reason of any decision of any court of competent jurisdiction, such decision shall not affect the validity of any other section, subsection, sentence, clause or phrase or portion thereof. SECTION 5. This ordinance shall take effect and be in force from and after its passage and publication, as provided by law. Passed and adopted this 21st day of December, 2021. Approved this 21st day of December, 2021. ______________________________________ Mayor Attest: ___________________________________ City Clerk  Amendment V Cleaning Services Agreement Between The City of Superior And Jack Rabbit Cleaning, LLC The City of Superior, a municipal corporation existing by and under the authority of the laws of the State of Wisconsin, by and through its Public Works Department (“City”) and Jack Rabbit Cleaning, LLC, a Wisconsin limited liability corporation (“Contractor”), are parties to an Agreement dated May 1, 2018, Amendment I dated January 1, 2019, Amendment II dated January 1, 2020. Amendment III dated January 1, 2021, and Amendment IV dated January 1, 2021 for cleaning services to be provided to the City of Superior. The parties desire to amend the Agreement, as of January 1, 2022 as follows: Term: The City and the Contractor do hereby agree to extend the Agreement through December 31, 2022. This Agreement may be renewed annually as agreed upon by both parties, upon sixty (60) days’ notice from the City of Superior to the Contractor. All other terms of this Agreement shall remain in full force and effect. Name: JACK RABBIT CLEANING LLC 73360 Boulevard Rd Iron River, WI 54847 __________________________________ Jean Humes, Owner Date ATTEST: CITY OF SUPERIOR, WISCONSIN ___________________________________ Mayor City Clerk ___________________________________ Finance Director City Attorney Approved at the Public Works Committee meeting: Approved at the Superior Council meeting:  AMENDMENT VI TO THE PROFESSIONAL ENGINEERING CONSULTANT SERVICES AGREEMENT By and Between The City of Superior And Weyandt, LLC The City of Superior, a Wisconsin municipal corporation, located at 1316 North 14th Street, Superior, Wisconsin, and Weyandt, LLC, a Wisconsin limited liability company, located at 65635 Shady Lane, Iron River, Wisconsin, are parties to a Master Services Agreement dated July 8, 2015. The parties hereby wish to amend the Agreement, effective as of January 1, 2022, as follows: TERM: The City of Superior and Weyandt, LLC do hereby agree to extend the Agreement through December 31, 2022. SERVICES AND FEES: Consultant shall provide services at the rate of one hundred forty-six dollars ($146.00) per hour, inclusive of all taxes and expenses. All other terms and conditions of this Agreement remain in full force and effect. IN WITNESS WHEREOF, the parties have signed the Amendment as of the date first written above. ATTEST: Weyandt, LLC By:______________________________ Scott Weyandt ATTEST: City of Superior _________________________________ ________________________________ Mayor City Clerk _________________________________ ________________________________ Finance Director City Attorney Provision has been made to pay the liability that will accrue under this Agreement. *Approved by the City of Superior Common Council on  Professional Engineering Services Agreement Between Short Elliott Hendrickson, Inc And The City of Superior This master agreement, made this ___ day of _________, ____, by and between, Short Elliott Hendrickson, Inc (SEH) , a Minnesota corporation with an office at 418 West Superior Street, Duluth, Minnesota (herein known as ‘Consultant’), and the City of Superior, a municipal corporation, through its Public Works Department located at 1316 North 14th Street, Superior, Wisconsin (herein known as ‘City’). The parties to this Agreement shall be bound by the following terms and conditions. Purpose The purpose of this Agreement is for the purpose of the Consultant to provide professional engineering services on an as needed basis, in accordance with the terms and conditions of this Agreement. Scope The scope services under this Agreement includes, but is not limited to, all of the tasks, activities and requirements included in Exhibit A, “Scope of Services” and other tasks and responsibilities as identified by the City. By reference, Exhibit A is hereby incorporated into this Agreement, but shall not in any way restrict the services provided by Consultant, nor prohibit the City from requesting other tasks or procedures germane to the Agreement. Tasks that are beyond the scope identified in Exhibit A, will be considered extra services and can be added to this agreement by an amendment or a supplemental agreement. Term The term of this Agreement shall be from the date of the agreement through December 31, 2022. The Agreement shall be renewable in one year intervals as agreed upon by both parties. Services and Fees Consultant shall provide a scope and fee estimate for each project. If scope and fee is not able to be determined and agreed upon prior to starting work, work will be completed according to the attached rate table. Such payment shall be full compensation for services performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the services. Changes to services and/or fees must be agreed upon by both parties and acknowledged in an amendment signed by both parties. City of Superior Service Agreement Payments Consultant may invoice the Director of Public Works on a monthly basis during the progress of the work for partial payment on account for work completed and accepted to date, and shall not impose any penalties or interest for amounts invoiced. The invoice shall be itemized and in a form satisfactory to the City, of expenses incurred in the previous period. The City shall pay agreed upon amounts within thirty (30) days of receipt. Insurance Consultant shall provide up-to-date, accurate professional liability information on Consultant’s Data Record, including amount of insurance, deductible, carrier and expiration date of coverage. Consultant shall furnish the City with an endorsement for earlier notice of cancellation and/or non-renewal and the Certificate of Insurance showing the type, amount, deductible, effective date and date of expiration of such policy. Consultant shall not cancel or materially alter this coverage without prior written approval by the City. Consultant shall be responsible for consultants maintaining professional liability insurance during the life of their Agreement and for 2 years after final acceptance for the service. Consultant and its subconsultants retained under the terms of this Agreement shall procure and maintain professional liability insurance providing for payment of the insured's liability for errors, omissions or negligent acts arising out of the performance of the professional services required under this Agreement. It is hereby agreed and understood that the insurance required by the City is primary coverage and that any insurance or self-insurance maintained by the City, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the Agreement or listed below whichever is longer. 1. PROFESSIONAL LIABILITY A. Limits (1) $1,000,000 each claim (2) $1,000,000 annual aggregate B. Must continue coverage for 2 years after final acceptance for service/job 2. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $1,000,000 each occurrence limit (2) $1,000,000 personal liability and advertising injury (3) $2,000,000 general aggregate (4) $2,000,000 products - completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (1) Premises and Operations Liability SEH Master Agreement 2 City of Superior Service Agreement (2) Contractual Liability (3) Personal Injury (4) Explosion, collapse and underground coverage (5) Products/Completed Operations must be carried for 2 years after acceptance of completed work. (6) The general aggregate must apply separately to this project/location 3. BUSINESS AUTOMOBILE COVERAGE A. $1,000,000 combined single limit for Bodily Injury and Property Damage each accident B. Must cover liability for Symbol #1 - "Any Auto" - including Owned, Non-Owned and Hired Automobile Liability. 4. WORKERS COMPENSATION AND EMPLOYERS LIABILITY A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease - Each Employee 5. UMBRELLA LIABILITY - Provide coverage at least as broad as the underlying Commercial General Liability, Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of $10,000. 6. ADDITIONAL INSURANCE PROVISIONS A. Primary and Non-contributory requirement - all insurance must be primary and non- contributory to any insurance or self-insurance carried by City B. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VII, and who are authorized as an admitted insurance company in the state of Wisconsin. C. Additional Insured Requirements - The following must be named as additional insureds on the General Liability and Business Automobile liability coverage arising out of project work - City. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 and also include Products - Completed Operations additional insured coverage per ISO form CG 20 37 07 04 or their equivalents for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. Deductibles and Self-Insured Retentions - Any deductible or self-insured retention must be declared to and approved by the City. D. Evidences of Insurance - Prior to execution of the Agreement, the Consultant shall file with the City a certificate of insurance (Accord Form 25-S or equivalent) signed by the insurer's representative evidencing the coverage required by this Agreement. In addition form CG 20 10 07 04 for ongoing work exposure and form CG 20 37 07 04 for products-completed operations exposure must also be provided SEH Master Agreement 3 City of Superior Service Agreement or its equivalent. General Terms and Conditions 1. No Relationship. Consultant understands and agrees that the relationship of Consultant and the City arising out of this Agreement is that of a contracted service provider, not an employee or contracted employee of the City of Superior, the Public Works Department, the Mayor’s office, or any other entity within the municipality, and therefore, is not entitled to any benefits provided to employees of the City of Superior. 2. Taxes. Consultant will act as an independent consultant and will be responsible for all federal, state and local taxes arising in accordance with this Agreement, as well as any other taxes, fees or licensing expenses pertaining to these services. 3. Confidentiality. Consultant shall diligently protect the confidentiality of any information, documentation or communication received from the City that contains personal, financial or other information of a confidential nature, and shall not disclose said information to any other persons, organizations or entities without the expressed written approval of the City. 4. Qualifications. By accepting this Agreement, Consultant represents that he possesses the necessary skills and qualifications to perform work under this Agreement. Consultant will comply with all local, state, and federal licensure requirements and will provide proof upon request. 5. Legal Relations. All recommendations, policies, procedures and other communications provided by the Consultant under this Agreement will comply with all laws, ordinances, rules and regulations promulgated and enforced by the City and any other proper authority having jurisdiction over the conduct of the operations of the City of Superior. The Consultant shall comply with and observe federal, state and local laws that may be applicable to the project. In carrying out provisions of this Agreement or exercising power or authority granted to the Consultant thereby, there shall be no personal liability to the City of Superior, it being understood that in such matters the City of Superior act as representatives of the State. The Consultant is not an agent of the State. 6. Assignment of Agreement. The Consultant shall not subcontract, assign or transfer any part of this work to any other parties without the express written agreement of the City. 7. Disclosures. Consultant shall not engage the services of any person or persons so employed without the prior written approval of the City. 8. Claims. Claims, disputes and other matters in question arising from the performance of this Agreement shall be brought to the Director of Public Works prior to mediation, SEH Master Agreement 4 City of Superior Service Agreement which is a condition precedent for litigation for all disputes aside from outstanding invoices. Consultant and City will in good faith efforts attempt to resolve disputes through a mutually agreed upon acceptable alternative. 9. Ownership of Documents. All drawings, specifications, renderings, models, approved copies, manuals and other such documents prepared by the Consultant or any party pursuant to this Agreement shall become the property of the City on completion and acceptance of any of the Consultant’s work, or upon termination of the Agreement, and shall be delivered to the City upon request. 10. Indemnifications. The Consultant hereby agrees to indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, representatives and volunteers, and each of them, from and against suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorneys' fees, costs, and expenses to the extent caused by a negligent act, error or omission, of Consultant or of anyone acting under its direction or control or on its behalf. The obligation to indemnify, and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, shall be applicable unless liability results from the sole negligence of the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers. The Consultant agrees to provide the City with all defense costs from any third party claim brought against the City to the extent that such claim is caused by any negligent act, error or omission of the Consultant or by anyone acting under the Consultant’s direction or control. In the event that Consultant employs other persons, firms, corporations or entities (sub- contractor) or volunteers as part of the work covered by this Agreement, it shall be Consultant’s responsibility to require and confirm that each sub-contractor enters into an Indemnity Agreement in favor of the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers, which is identical to this Indemnity Agreement. This indemnity provision shall survive the termination or expiration of this Agreement. 11. Deficiencies. Consultant shall not be entitled to payment for work found deficient or failing to conform to the requirements set forth in this Agreement or as outlined in a supplemental Agreement, and is not entitled to further payments until corrected. The City will inform the Consultant of any deficiencies and/or items that do not conform to this Agreement within thirty (30) days of receipt. 12. Final Payment. Prior to final payment (per project), the Director of Public Works shall review project documents, recommendations, tasks and procedures, etc., and all other recommendations submitted by Consultant to determine the satisfaction thereof; it will be at the Director of Public Works’ sole discretion when the final payment is made. Final payment will be made to Consultant within thirty (30) days of the City’s acceptance of services as complete. SEH Master Agreement 5 City of Superior Service Agreement 13. Termination. This Agreement may be terminated by either party without cause upon thirty (30) days written notice to the other. In the event of termination, Consultant shall be paid for services performed to termination date. The results of the work by Consultant shall immediately be turned over to the City of Superior, and is a condition of final payment. 14. Warranty of Documents. The City, its representatives, employees, and agents make no representations of the accuracy of documents, drawings, procedures, etc., provided to Consultant under this Agreement. All materials provided represent the City’s best understanding at the time of delivery. 15. Entire Agreement. This Agreement contains the entire understanding of the parties with respect to the maters contained herein, and supersedes all other written and oral agreements between the parties with respect to such matters. 16. Modification. This Agreement is binding only when signed by both parties. Any modifications or amendments must be in writing and signed by both parties. 17. Force Majeure. Each party shall be excused from any breach of this Agreement which is causes by war, strike, and act of Nature or other similar circumstances normally deemed outside the control of well-managed businesses. 18. Governing Law. The Agreement will be interpreted, and the rights and liabilities of the Parties determined, in accordance with the laws of the State of Wisconsin. 19. Headings and Captions. Headings and Captions appear solely for convenience of reference. Such headings and captions are not part of this Agreement and shall not be used to construe it. 20. Validity. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 21. Integrated Agreement. This Agreement contains the entire Agreement and understanding among the Parties regarding the matters set forth herein and supersedes all previous negotiations, discussions, and understandings regarding such matters. The Parties acknowledge and represent that they have not relied on any promise, inducement, representation, or other statement made in connection with this Agreement that is not expressly contained herein. The terms of this Agreement are contractual and not a mere recital. 22. Standard of Care. Consultant represents that it will perform the Services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same locality. To the extent Consultant’s services do not meet this standard of care; Consultant shall re-perform its work at no cost to the City. SEH Master Agreement 6 City of Superior Service Agreement 23. Appropriation. State and/or Federal funds may be used to fund all or part of this Agreement. Allowances detailed in the Project scope shall be awarded at the City’s discretion, and is subject to available funding, project progress and other terms and conditions as identified by the City. The City will not be held liable for any damages incurred due to changes in State or Federal funding, including (but not limited to) a reduction, delay, or cancellation of the project. 24. Non-Discrimination. Upon execution of this Agreement, Consultant agrees as follows: Consultant and all Subcontractors do not discriminate against any employee, applicant for employment, independent contractor, or any other persons because of race, color, religion, sex, sexual orientation, gender identity, or national origin. In Witness Whereof, the parties, intending to be legally bound have executed this agreement on the day and year set forth above. Signatures Firm Name: Short Elliott Hendrickson, Inc Address: 418 West Superior Street Duluth, MN 55802 _____________________________ __________________________________ Robert L. Ellis, Principal Matt Bolf, Principal ATTEST: CITY OF SUPERIOR, WISCONSIN ___________________________________ Camila Ramos, City Clerk Jim Paine, Mayor ___________________________________ Ashley Puetz, Finance Director Frog Prell, City Attorney Provision has been made to pay the liability that will accrue under this contract. *Approved at the Common Council meeting on SEH Master Agreement 7 City of Superior Service Agreement Exhibit A Scope of Services Purpose The purpose of this Agreement is to secure professional consulting services to assist the City of Superior for general engineering tasks.  Justification Reports for Infrastructure Projects  Concept Designs for Infrastructure Projects to Define Direction Scope and Budget  Project Design and Mentoring of City Design Staff  Inspection Services and Mentoring of City Construction Inspection Staff  Internal and External Project Team Development for Project Delivery  Preliminary and Detailed Water Resource Design  Floodplain Issues  Project Management Support for Design and Construction  Condition Assessments for Infrastructure  DOT Coordination on Design and Construction Projects  Estimating  Coordination with Environmental Regulatory Agencies and Wetland Mitigation Bank Design  Bidding Support  Project Management and Construction Administration Oversight  Other Tasks as Determined by the City of Superior SEH Master Agreement 8 SEH Hourly Billable Rates – 2022 Classification - Office Staff Billable Rate (1) Principal $155.00 - $240.00 Project Manager $120.00 - $215.00 Senior Project Specialist $140.00 - $195.00 Senior Project Engineer $125.00 - $200.00 Project Engineer $100.00 - $160.00 Staff Engineer $75.00 - $130.00 Senior Project Architect $125.00 - $200.00 Project Architect $95.00 - $150.00 Staff Architect $75.00 - $125.00 Senior Project Scientist $120.00 - $190.00 Project Scientist $70.00 - $130.00 Staff Scientist $70.00 - $120.00 Senior Project Planner $125.00 - $190.00 Project Planner $90.00 - $135.00 Staff Planner $70.00 - $95.00 Project GIS Analyst $70.00 - $140.00 Lead Technician $90.00 - $150.00 Senior Technician $75.00 - $130.00 Technician $75.00 - $105.00 Word Processor $55.00 - $90.00 Administrative $75.00 - $115.00 Graphic Designers $80.00 - $100.00 Classification – Field Staff Billable Rate (1) Licensed Land Surveyor $100.00 - $165.00 Lead Project Representative $90.00 - $150.00 Sr. Project Representative $75.00 - $125.00 Project Representative $75.00 - $120.00 Survey Crew Chief $80.00 - $130.00 Survey Instrument Operator $60.00 - $95.00 (1) The actual rate charged is dependent upon the hourly rate of the employee assigned to the project. The rates shown are subject to change. Effective: January 1, 2022 Expires: December 31, 2022  REVISION #3 Revised Date: October 7, 2021 STATE/MUNICIPAL AGREEMENT Revision #2 Date: April 15, 2016 FOR A STATE- LET URBANIZED AREA STP-URBAN PROJECT Revision #1 Date: September 16, 2014 Original Date: April 1, 2014 This agreement supersedes the I.D.: 8998-00-22/23/55/56 agreement signed by the Municipality on June 8, 2016 and signed by DOT on June Road Name: C of Superior, N 28th Street 14, 2016. Limits: Hill Avenue – E 3rd Street Program Name: STP-Urban County: Douglas Population Group: 50,000 – 200,000 Roadway Length: 1.2 miles Sub-program #: 206 Functional Classification: Minor Arterial Project Sponsor: City of Superior Urbanized Area: Duluth/Superior MPO 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 four-lane urban cross- section. It has a total width from 48 – 60 feet. Lane width is 11 feet. Lanes are asphalt and are in poor condition. Shoulders vary from 0 – 22 feet and are asphalt. There are existing sidewalks and bicycle/pedestrian accommodations, and they are designated as part of a regional or local system. There is a railroad facility within 1000 feet of the project limits, with an at-grade crossing. Proposed Improvement - Nature of work: The proposed improvement will be a resurfacing urban cross- section of 6450 feet. No lanes will be added. Pavement will be hot mix asphalt. Total width will be 60 feet with 0 – 22-foot-wide asphalt shoulders. No additional right-of-way will be required. New signals, gates and surface will be installed at the rail crossing. 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: None. The Municipality agrees to the following 2013-2018 Urbanized Area STP-Urban project funding conditions: Participating project costs are funded with 80% federal funding up to a maximum of $826,970 for all federally- funded project phases when the municipality agrees to provide the remaining 20% and all funds in excess of the $826,970 federal funding maximum, in accordance with the STP Urban program guidelines for projects in urbanized areas. 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 N:\Spo\Planning\PrgSched\STP\2013-2018\STP-Urban Program\SMAs Page 1 of 7 ID 8998-00-22/23/55/56 – NW Region notified by the State that the project is authorized and available for charging. This project is currently scheduled in State Fiscal Year 2017. In accordance with the State’s sunset policy for Urbanized Area STP Urban projects, the subject 2013-2018 Urbanized Area STP-Urban improvement must be constructed and in final acceptance within six years from the start of State Fiscal Year 2015, or by June 30, 2020. An extension to the sunset date was granted by WisDOT on August 6, 2019. The project must be constructed and in final acceptance by September 30, 2020. Extensions may be available upon approval of a written request by or on behalf of the Municipality to WisDOT. The written request shall explain the reasons for project implementation delay and revised timeline for project completion. The dollar amounts shown in the Summary Funding Table below are federal maximum amounts unless explicitly identified otherwise. 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. SUMMARY OF ESTIMATED COSTS Total Estimated Federal/State Municipal Phase Cost Funds % Funds % 8998-00-22 Design $66,625.27 $53,300.22 80% $13,325.05 20% + Bal State Review $17,034.97 $13,627.98 80% $3,406.99 20% + Bal Subtotal $83,660.24 $66,928.19 $16,732.05 8998-00-23 Participating Construction $1,030,194.59 $481,084.06 80% $549,110.53 20% + Bal Non-Participating Construction $0.00 $0.00 0% $0.00 100% Construction Engineering $79,122.11 $36,948.73 80% $42,173.38 20% + Bal State Review $4,302.10 $2,009.01 80% $2,293.09 20% + Bal Subtotal $1,113,618.80 $520,041.81 $593,576.99 8998-00-55 RR Signals & Gates $287,944.00 $240,000.00 80% $47,944.00 20% + Bal 8998-00-56 RR Crossing Surface* $163,708.00 $0.00 0% $27,830.00 17%* Total Estimated Costs $1,648,931.04 $826,970.00 $686,083.04 The percentage of project costs covered by federal funding at approval, 80%, is based on TIP Committee Action. Due to the federal funding cap, which is $926,970.00 for all federally-funded project phases, this percentage may change over the life of the project. *8898-00-56: Local share is 17%, remaining costs provided by RR. N:\Spo\Planning\PrgSched\STP\2013-2018\STP-Urban Program\SMAs Page 2 of 7 ID 8998-00-22/23/55/56 – NW Region This request is subject to the terms and conditions that follow (pages 3 – 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. 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 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 and Wis. Stat. 103.50. 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 requirements set forth in 23 U.S.C 112 and Wis. Stat. 84.06. f. All DBE requirements that the State specifies. g. Federal Statutes that govern the Surface Transportation Program, 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. N:\Spo\Planning\PrgSched\STP\2013-2018\STP-Urban Program\SMAs Page 3 of 7 ID 8998-00-22/23/55/56 – NW Region STATE RESPONSIBILITIES AND REQUIREMENTS: 4. Funding of each project phase is subject to inclusion in Wisconsin’s approved 2013-2018 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. 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. Preliminary Engineering and design. j. Management Consultant 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. 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 2013-2018 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. 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. b. Damages to abutting property after project completion due to change in street or sidewalk widths, grades or drainage. c. Detour routes and haul roads. The municipality is responsible for determining the detour route. d. Conditioning, if required and maintenance of detour routes. e. Repair of damages to roads or streets caused by reason of their use in hauling materials incident to the improvement. f. All work related to underground storage tanks and contaminated soils. N:\Spo\Planning\PrgSched\STP\2013-2018\STP-Urban Program\SMAs Page 4 of 7 ID 8998-00-22/23/55/56 – NW Region  g. Street and bridge width in excess of standards, in accordance with the current WisDOT Facilities Development Manual (FDM). h. 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 WisDOT 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. 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 s. 51.01 (5), sexual orientation as defined in s. 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. In order 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 2013-2018 Urbanized Area STP-Urban improvement must be constructed and in final acceptance within six years from the start of State Fiscal Year 2015, or by June 30, 2020. An extension to the sunset date was granted by WisDOT on August 6, 2019. The project must be constructed and in final acceptance by September 30, 2020. Extensions may be available upon approval of a written request by or on behalf of the Municipality to WisDOT. 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 through statutory requirements in a manner satisfactory to the State, 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 their 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 N:\Spo\Planning\PrgSched\STP\2013-2018\STP-Urban Program\SMAs Page 5 of 7 ID 8998-00-22/23/55/56 – NW Region  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. f. Provide relocation orders and real estate plats. 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. 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 WisDOT if WisDOT 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 in 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. 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 N:\Spo\Planning\PrgSched\STP\2013-2018\STP-Urban Program\SMAs Page 6 of 7 ID 8998-00-22/23/55/56 – NW Region  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. 19. Contract Modification: This State/Municipal Agreement can only be modified by written instruments duly executed by both parties. No term or provision of neither this State/Municipal Agreement nor 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. The Municipality agrees to the following 2013-2018 Urbanized Area STP-Urban project funding conditions: a. ID 8998-00-22: Design is funded with 80% federal funding, when the municipality agrees to provide the remaining 20%. This portion of the project is subject to the cumulative project federal funding cap (see sub-item e). Costs for this phase include an estimated amount for state review activities, to be funded 80% with federal funding and 20% by the Municipality. b. ID 8998-00-23: Roadway Construction: i. Costs for construction are funded with 80% federal funding when the municipality agrees to provide the remaining 20%. This portion of the project is subject to the cumulative project federal funding cap (see sub-item e). ii. Costs for this phase include an estimated amount for state review activities, to be funded 80% with federal funding and 20% by the Municipality. This portion of the project is subject to the cumulative project federal funding cap (see sub-item e). iii. Non-participating costs are funded 100% by the Municipality. c. ID 8998-00-55: Railroad Signal and Gates Construction: i. Costs for railroad signals and gates are funded with 80% federal funding when the municipality agrees to provide the remaining 20%. This portion of the project is subject to the cumulative project federal funding cap (see sub-item e). ii. Costs for this phase include an estimated amount for state review activities, to be funded 80% with federal funding and 20% by the Municipality. This portion of the project is subject to the cumulative project federal funding cap (see sub-item e). d. ID 8998-00-56: Railroad Crossing Surface Construction: i. Costs for the railroad crossing surface are funded 87% by the Railroad and 17% by the Municipality. e. Project Cap: In accordance with STP-Urban program guidelines for projects in urbanized areas, State action and TIP Committee action, this project has a federal funding cap of $826,970. This federal N:\Spo\Planning\PrgSched\STP\2013-2018\STP-Urban Program\SMAs Page 7 of 7 ID 8998-00-22/23/55/56 – NW Region  funding cap applies to all federally funded project phases. The Municipality will fund all costs exceeding the federal funding cap. [End of Document] N:\Spo\Planning\PrgSched\STP\2013-2018\STP-Urban Program\SMAs Page 8 of 7 ID 8998-00-22/23/55/56 – NW Region