Agenda for Regular Common Council Meeting

1 Regular Council Meeting October 6, 2026 AGENDA FOR REGULAR COMMON COUNCIL MEETING CITY OF SUPERIOR, WISCONSIN October 6, 2026 at 6:30 p.m. Government Center, Board Room 201, 1316 N 14th Street, Superior, WI 54880 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. PRESENTATIONS AND PUBLIC HEARINGS 3.1. Public hearing to consider O26-4441, an ordinance repealing and replacing City Code, Chapter 122 – Zoning, Article VIII – Floodplains. 4. APPROVAL OF MINUTES 4.1. September 15, 2026 – Regular Common Council Meeting 5. CORRESPONDENCE TO BE FILED 6. MAYOR’S REPORT 6.1. Report from Mayor Paine 6.2. Approve R26-13891, a resolution setting a public hearing for 6:30pm on November 10, 2026, pertaining to the proposed 2027 General Fund Budget and subsequent amendments. 7. STANDING COMMITTEE REPORTS 7.1. Human Resources Committee (Meeting held September 28, 2026) Report from the Chair. RECOMMENDATIONS: 7.1.1. Request to adjust the wage placement of all Police Sergeants currently assigned to Grade K of the non-union pay plan. (held from the August HRC meeting) 7.1.2. Reclassify IT System Analyst position from pay grade I to pay grade J. 7.1.3. Extend Denise McDonald’s temporary employment with Parks, Recreation, and Forestry Department. 2 Regular Council Meeting October 6, 2026 7.2. Public Works Committee (Meeting held October 1, 2026) Report from the Chair. RECOMMENDATIONS: 7.2.1. Publish a resolution relating to the water utility acquisition. 7.2.2. Secure memberships in APPA, MEUW, APGA, and WIAWWA/WIWARN to support utility acquisition planning. Annual membership dues are estimated at $4,930.00. 7.2.3. Award the Nemadji Golf Course Irrigation Construction Phase Contract to Mid-America Golf and Landscape, Inc., in an amount not to exceed $3,878,026.42. 7.2.4. Purchase two Flygt Model 3171 pumps for Lift Station 6 and the Sanitary Sewer Station in Allouez from Electric Pump in an amount not to exceed $97,776.00. 7.2.5. Approve Amendment No. 3 for Phase III Professional Services for the Blatnik Bridge Sanitary Sewer Relocation with Short Elliott Hendrickson, Inc. in the amount of $117,970.00. 7.2.6. Approve O26-4439, an ordinance amending City Code Chapter 112, Traffic Code, Schedule E, No Parking in Designated Spaces; Section 3, No Parking – Automated Garbage Removal (Section. 112-56(6)) to update the designated no parking restrictions for garbage collection and facilitate garbage truck movement. 7.2.7. Approve O26-4440, an ordinance amending City Code , Chapter 58 – Garbage and Trash, Article IV. – Recyclable Waste Materials; Section 58- 110(a), Responsibilities of owners of nonresidential facilities and properties, to incorporate the language requested by the Wisconsin Department of Natural Resources. 7.3. Finance Committee (Meeting held September 22, 2026) Report from the Chair. RECOMMENDATIONS: 7.3.1. Approve the Fire Protection and Fire Inspection Services Agreement between the City of Superior and the Village of Superior. 7.3.2. Discussion regarding Property Tax Transparency. 7.4. Licenses and Fees Committee (No meeting to report) 3 Regular Council Meeting October 6, 2026 7.5. Public Safety Committee (Meeting held September 17, 2026) Report from the Chair. RECOMMENDATIONS: 7.5.1. Approve O26-4437, an ordinance amending City Code Chapter 112, Traffic Code, Schedule A - Stops – Section 3 – One- and Two-Way Stops, to remove Garfield Avenue and North 18th Street as a two way stop. 7.5.2. Approve O26-4438, an ordinance amending City Code Chapter 112 - Traffic Code, Schedule A – Stops, Section 1 - Four-Way Stops, to add Garfield Avenue and North 18th Street as a four-way stop. 7.5.3. Approve request for surplus declaration and transfer of 1996 Freightliner Hazmat Rig to the Sawyer County Hazmat Team. 8. SPECIAL COMMITTEE REPORTS 8.1. REPORTS WITH RECOMMENDATIONS 8.1.1. Parks and Recreation Commission (Meeting held September 24, 2026) Report from the Chair. RECOMMENDATIONS: 8.1.1.1. Approve the Ice Sculpture Agreement with Ice Guro Events for the 2027 Lake Superior Ice Festival in an amount not to exceed $42,060.00. 8.1.1.2. Approve a Fundraising Memorandum of Understanding with COGGS for trail improvements and future connections. 8.1.1.3. Approve a Trail Maintenance Agreement with COGGS for Pokegama, Kelly Ravine, and Senior Slide. 8.2. REPORTS SANS RECOMMENDATIONS 8.2.1. Police and Fire Commission (Meeting held September 9, 2026) Report from the Chair. 9. OLD BUSINESS 10. NEW BUSINESS 10.1. “Class B” Liquor and Class “B” Beer license change of agent request for Superior Joes Dec LLC, d/b/a Average Joe’s at 1310 N 5th Street, from Sydney Thompson to Susan Ketter-Pederson, for the current license period effective through June 30, 2027. 4 Regular Council Meeting October 6, 2026 10.2. “Class B” Liquor and Class “B” Beer license renewal request for Superior Curling Club, Incorporated, d/b/a Superior Curling Club at 4700 Tower Avenue for the license period October 15, 2026 through April 14, 2027. 10.3. Approve R26-13890, a resolution setting a public hearing on October 20, 2026, for adoption of a final resolution to pave the alleys in 2027 and assess costs to abutting property owners. 11. BUSINESS BY PUBLIC Due to the requirements of the Wisconsin Open Meetings laws, only matters placed on this agenda may be approved by the Council at this meeting. Citizens who wish to address the council may do so during Business by Public by signing up with the city clerk and indicating the agenda item they wish to address. All comments by members of the public shall be limited to three minutes in length. Electioneering or personal attacks are not allowed. The City of Superior complies with the Americans with Disabilities Act of 1990. If you need an accommodation to participate in the public meeting process, please contact the City Clerk’s Office at (715) 395 -7200 (OR dial 711 for Telecommunications Relay Se rvice) prior to the scheduled meeting. The city will attempt to accommodate any reasonable request depending on the amount of notice received. In compliance with Wisconsin Open Meetings Law, this agenda was posted on 10/02/2026 at the following locations: Superior Government Center, Douglas County Courthouse, and online at https://www.superiorwi.gov/agendacenter. It was also emailed to the Superior Telegram and the Superior Public Library. O26-xxx Floodplains 1 ORDINANCE # O26-4441 AN ORDINANCE REPEALING AND REPLACING CITY CODE, CHAPTER 122 – ZONING, ARTICLE VIII. – FLOODPLAINS The Common Council of the City of Superior, Wisconsin, does ordain as follows: SECTION 1: City Code Chapter 122 – Zoning, Article VIII. – Floodplains, is hereby repealed and replaced as follows: ARTICLE VIII. – FLOODPLAINS Sec. 122-930. – STATUTORY AUTHORIZATION, FINDING OF FACT, STATEMENT OF PURPOSE, TITLE, AND GENERAL PROVISIONS (a) STATUTORY AUTHORIZATION This ordinance is adopted pursuant to the authorization in s. 61.35 and 62.23, for cities; and the requirements in s. 87.30, Stats. (b) FINDING OF FACT Uncontrolled development and use of the floodplains and rivers of this municipality would impair the public health, safety, convenience, general welfare, and tax base. (c) STATEMENT OF PURPOSE This ordinance is intended to regulate floodplain development to: (1) Protect life, health and property; (2) Minimize expenditures of public funds for flood control projects; (3) Minimize rescue and relief efforts undertaken at the expense of the taxpayers; (4) Minimize business interruptions and other economic disruptions; (5) Minimize damage to public facilities in the floodplain; (6) Minimize the occurrence of future flood blight areas in the floodplain; (7) Discourage the victimization of unwary land and homebuyers; (8) Prevent increases in flood heights that could increase flood damage and result in conflicts between property owners; and O26-xxx Floodplains 2 (9) Discourage development in a floodplain if there is any practicable alternative to locate the activity, use or structure outside of the floodplain. (d) TITLE This ordinance shall be known as the Floodplain Zoning Ordinance for the city of Superior, Wisconsin. (e) GENERAL PROVISIONS (1) AREAS TO BE REGULATED This ordinance regulates all areas of special flood hazard identified as zones A, AO, AH, A1- 30, AE, VE, V1-30, or V on the Flood Insurance Rate Map. Additional areas identified on maps approved by the Department of Natural Resources (DNR) and local community may also be regulated under the provisions of this ordinance, where applicable. (2) OFFICIAL MAPS & REVISIONS Special Flood Hazard Areas (SFHA) are designated as zones A, A1-30, AE, AH, AO, VE, V1-30, or V on the Flood Insurance Rate Maps (FIRMs) based on flood hazard analyses summarized in the Flood Insurance Study (FIS) listed in subd. a. below. Additional flood hazard areas subject to regulation under this ordinance are identified on maps based on studies approved by the DNR and listed in subd. b. below. These maps and revisions are on file in the office of the City of Superior Planning Department; City/County Government Center; 1316 North 14th Street; Superior, WI 54880. a. OFFICIAL MAPS: Based on the Flood Insurance Study (FIS): 1. Flood Insurance Rate Map (FIRM), panel numbers 55031C0054E, 55031C0056E, 55031C0057E, 55031C0058E, 55031C0059E, 55031C0066E, 55031C0067E, 55031C0076E, 55031C0077E, 55031C0078E, 55031C0079E, 55031C0081E, 55031C0083E, 55031C0084E, 55031C0086E, 55031C0087E, 55031C0091E, 55031C0092E, 55031C0095E, 55031C0103E, 55031C0111E, 55031C0112E, and 55031C0116E, dated 12/10/2026; 2. Flood Insurance Study (FIS) for Douglas County, dated 12/10/2026. Approved by: The DNR and FEMA (3) ESTABLISHMENT OF FLOODPLAIN ZONING DISTRICTS The flood hazard areas regulated by this ordinance are divided into districts as follows: a. The Floodway District (FW), is the channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional floodwaters, within AE Zones as shown on the FIRM, or within A Zones shown on the FIRM when determined according to s. 122-934(a)(5). O26-xxx Floodplains 3 b. The Floodfringe District (FF) is that portion of a riverine special flood hazard area outside the floodway within AE Zones on the FIRM, or, when floodway limits have been determined according to s. 122-934(a)(5), within A Zones shown on the FIRM. c. The General Floodplain District (GFP) is those riverine areas that may be covered by floodwater during the regional flood in which a floodway boundary has not been delineated on the FIRM and also includes shallow flooding areas identified as AH and AO zones on the FIRM. d. The Coastal Floodplain District (CFP) is an area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast, and any other area subject to high velocity wave action from storms, including areas identified as zone V, V1-30, or VE on the FIRM. Where a riverine AE floodway extends into the CFP district, development within the floodway must comply with the regulations for both the FW and CFP districts. Where a riverine A zone or AE zone with no floodway determination abuts the CFP district, the riverine study’s floodway limit must be determined based on standard floodway expansion principles within the CFP district and development within the floodway must comply with the standards for both the FW and CFP districts. (4) LOCATING FLOODPLAIN BOUNDARIES Discrepancies between the exterior boundaries of zones A1-30, AE, AH, or A on the official floodplain zoning map and actual field conditions may be resolved using the criteria in subd a. or b. below. If a significant difference exists, the map shall be amended according to s. 122-937 Amendments. The floodplain zoning administrator can rely on a boundary derived from a profile elevation to grant or deny a land use permit, whether or not a map amendment is required. The floodplain zoning administrator shall be responsible for documenting actual pre-development field conditions and the basis upon which the district boundary was determined. Disputes between the floodplain zoning administrator and an applicant over the district boundary line shall be settled according to s. 122-936(c)(3) and the criteria in a. and b. below. Where the flood profiles are based on established base flood elevations from a FIRM, FEMA must approve any map amendment or revision pursuant to s. 122-937 Amendments. a. If flood profiles exist, the map scale and the profile elevations shall determine the district boundary. The regional or base flood elevations shall govern if there are any discrepancies. b. Where flood profiles do not exist for projects, including any boundary of zone A, AO, V1-30, VE, or V, the location of the boundary shall be determined by the map scale. (5) REMOVAL OF LANDS FROM FLOODPLAIN a. Compliance with the provisions of this ordinance shall not be grounds for removing land from the floodplain unless it is filled at least two feet above the regional or base flood elevation, the fill is contiguous to land outside the floodplain, and the map is amended pursuant to s. 122-937 Amendments. O26-xxx Floodplains 4 b. The delineation of any of the Floodplain Districts may be revised by the community where natural or man-made changes have occurred and/or where more detailed studies have been conducted. However, prior to any such change, approval must be obtained from the Wisconsin Department of Natural Resources and Federal Emergency Management Agency. A completed Letter of Map Revision is a record of this approval. The floodplain administrator shall not sign a community acknowledgement form unless all criteria set forth in the following paragraphs are met: 1. The land and/or land around the structure must be filled at least two feet above the regional or base flood elevation; 2. The fill must be contiguous to land outside the floodplain; Applicant shall obtain floodplain development permit before applying for a LOMR or LOMR-F; c. Removal of lands from the floodplain may also occur by operation of §87.30(1)(e), Wis. Stat. if a property owner has obtained a letter of map amendment from the federal emergency management agency under 44 C.F.R. 70. (6) COMPLIANCE a. No structure or use within areas regulated by this ordinance shall hereafter be located, erected, constructed, reconstructed, repaired, extended, converted, enlarged, or altered without full compliance with the terms of these regulations and all other applicable regulations that apply to uses within the jurisdiction of these regulations. b. Failure to obtain a floodplain development permit shall be a violation of these regulations and shall be punishable in accordance with s. 122-938. c. Floodplain development permits issued on the basis of plans and applications approved by the Floodplain Administrator authorize only the use, and arrangement, set forth in such approved plans and applications, or amendments thereto if approved by the Floodplain Administrator. Use, arrangement, or construction contrary to that authorized shall be deemed a violation of these regulations and punishable in accordance with s. 122-938. (7) MUNICIPALITIES AND STATE AGENCIES REGULATED Unless specifically exempted by law, all cities, villages, towns, and counties are required to comply with this ordinance and obtain all necessary permits. State agencies are required to comply if s. 13.48(13), Stats., applies. The construction, reconstruction, maintenance and repair of state highways and bridges by the Wisconsin Department of Transportation is exempt when s. 30.2022, Stats., applies. Although exempt from a local zoning permit and permit fees, DOT must provide sufficient project documentation and analysis to ensure that the community is in compliance with Federal, State, and local floodplain standards. If a local transportation project is located within a Zone A floodplain and is not a WisDOT project under s. 30.2022, then the road project design documents (including appropriate detailed plans and profiles) may be sufficient to meet the requirements for issuance of a local floodplain permit if the following apply: The applicant provides documentation to the O26-xxx Floodplains 5 Floodplain Administrator that the proposed project is a culvert replacement or bridge replacement under 20’ span at the same location, the project is exempt from a DNR permit under s. 30.123(6)(d), the capacity is not decreased, the top road grade is not raised, and no floodway data is available from a federal, state, or other source. If floodway data is available in the impacted area from a federal, state, or other source that existing data must be utilized by the applicant in the analysis of the project site. (8) ABROGATION AND GREATER RESTRICTIONS a. This ordinance supersedes all the provisions of any municipal zoning ordinance enacted under s. 62.23 for cities; or s. 87.30, Stats., which relate to floodplains. A more restrictive ordinance shall continue in full force and effect to the extent of the greater restrictions, but not otherwise. b. This ordinance is not intended to repeal, abrogate, or impair any existing deed restrictions, covenants, or easements. If this ordinance imposes greater restrictions, the provisions of this ordinance shall prevail. (9) INTERPRETATION In their interpretation and application, the provisions of this ordinance are the minimum requirements liberally construed in favor of the governing body and are not a limitation on or repeal of any other powers granted by the Wisconsin Statutes. If a provision of this ordinance, required by ch. NR 116, Wis. Adm. Code, is unclear, the provision shall be interpreted in light of the standards in effect on the date of the adoption of this ordinance or in effect on the date of the most recent text amendment to this ordinance. (10) WARNING AND DISCLAIMER OF LIABILITY The flood protection standards in this ordinance are based on engineering experience and research. Larger floods may occur, or the flood height may be increased by man-made or natural causes. This ordinance does not imply or guarantee that non-floodplain areas or permitted floodplain uses will be free from flooding and flood damages. This ordinance does not create liability on the part of, or a cause of action against, the municipality or any officer or employee thereof for any flood damage that may result from reliance on this ordinance. (11) SEVERABILITY Should any portion of this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected. (12) ANNEXED AREAS FOR CITIES AND VILLAGES The Douglas County floodplain zoning provisions in effect on the date of annexation shall remain in effect and shall be enforced by the municipality for all annexed areas until the municipality adopts and enforces an ordinance which meets the requirements of ch. NR 116, Wis. Adm. Code and 44 CFR 59-72, National Flood Insurance Program (NFIP). O26-xxx Floodplains 6 These annexed lands are described on the municipality's official zoning map. County floodplain zoning provisions are incorporated by reference for the purpose of administering this section and are on file in the office of the municipal floodplain zoning administrator. All plats or maps of annexation shall show the regional flood elevation and the floodway location. Sec. 122-931. – GENERAL STANDARDS APPLICABLE TO ALL FLOODPLAIN DISTRICTS The community shall review all permit applications to determine whether proposed building sites will be reasonably safe from flooding and assure that all necessary permits have been received from those governmental agencies whose approval is required by federal or state law. (1) If a proposed building site is in a flood-prone area, all new construction and substantial improvements shall: a. be designed and anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy; b. be constructed with flood-resistant materials; c. be constructed by methods and practices that minimize flood damages; and d. Mechanical and utility equipment must be elevated to or above the flood protection elevation. (2) If a subdivision or other proposed new development is in a flood-prone area, the community shall assure that: a. such proposed subdivision or other proposed new development is consistent with the need to minimize flood damage within the flood-prone area; b. public utilities and facilities such as sewer, gas, electrical, and water systems are located and constructed to minimize or eliminate flood damage; and c. adequate drainage is provided to reduce exposure to flood hazards. All subdivision proposals (including manufactured home parks) shall include regional flood elevation and floodway data for any development that meets the subdivision definition of this ordinance and all other requirements in s. 122-936(a)(2). (a) HYDRAULIC AND HYDROLOGIC ANALYSES (1) No floodplain development shall: a. Obstruct flow, defined as development which blocks the conveyance of floodwaters by itself or with other development, causing any increase in the regional flood height; or O26-xxx Floodplains 7 b. Cause any increase in the regional flood height due to floodplain storage area lost. (2) The floodplain zoning administrator shall deny permits if it is determined the proposed development will obstruct flow or cause any increase in the regional flood height, based on the officially adopted FIRM or other adopted map, unless the provisions of s. 122-937 Amendments are met. (b) WATERCOURSE ALTERATIONS No land use permit to alter or relocate a watercourse in a mapped floodplain shall be issued until the local official has notified in writing all adjacent municipalities, the Department and FEMA regional offices, and required the applicant to secure all necessary state and federal permits. The standards of s. 122-931(a) must be met and the flood carrying capacity of any altered or relocated watercourse shall be maintained. As soon as is practicable, but not later than six months after the date of the watercourse alteration or relocation and pursuant to s. 122-937 Amendments, the community shall apply for a Letter of Map Revision (LOMR) from FEMA. Any such alterations must be reviewed and approved by FEMA and the DNR through the LOMC process. (c) CHAPTER 30, 31, WIS. STATS., DEVELOPMENT Development which requires a permit from the Department, under chs. 30 and 31, Stats., such as docks, piers, wharves, bridges, culverts, dams, and navigational aids, may be allowed if the necessary permits are obtained and amendments to the floodplain zoning ordinance are made according to s. 122-937 Amendments. (d) PUBLIC OR PRIVATE CAMPGROUNDS Public or private campgrounds shall have a low flood damage potential and shall meet the following provisions: (1) The campground is approved by the Department of Agriculture, Trade and Consumer Protection; (2) A land use permit for the campground is issued by the floodplain zoning administrator; (3) The character of the river system and the campground elevation are such that a 72-hour warning of an impending flood can be given to all campground occupants; (4) There is an adequate flood warning procedure for the campground that offers the minimum notice required under this section to all persons in the campground. This procedure shall include a written agreement between the campground owner, the floodplain zoning agency or floodplain zoning administrator, the municipal emergency government coordinator and the chief law enforcement official which specifies the flood elevation at which evacuation shall occur, personnel responsible for monitoring flood elevations, types of warning systems to be used and the procedures for notifying at-risk parties, and the methods and personnel responsible for conducting the evacuation; O26-xxx Floodplains 8 (5) This agreement shall be for no more than one calendar year, at which time the agreement shall be reviewed and updated - by the officials identified in sub. (4) - to remain in compliance with all applicable regulations, including those of the state Department of Agriculture, Trade and Consumer Protection and all other applicable regulations; (6) All mobile recreational vehicles placed on site must meet one of the following: a. Be fully licensed, if required, and ready for highway use; or b. Not occupy any site in the campground for more than 180 consecutive days, at which time the recreational vehicle must be removed from the floodplain for a minimum of 24 hours; or c. Meet the requirements in either s. 122-932, 122-933, 122-934(a), or 122-934(b) for the floodplain district in which the structure is located; A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions. (7) All camping units that remain on site for more than 30 days shall be issued a limited authorization by the campground operator, a written copy of which is kept on file at the campground. Such authorization shall allow placement of a camping unit consistent with 122-931(d)(6) and shall ensure compliance with all the provisions of this section; (8) The municipality shall monitor the limited authorizations issued by the campground operator to assure compliance with the terms of this section; (9) The campground shall have signs clearly posted at all entrances warning of the flood hazard and the procedures for evacuation when a flood warning is issued; and (10) All service facilities, including but not limited to refuse collection, electrical service, gas lines, propane tanks, sewage systems and wells shall be properly anchored and placed at or floodproofed to the flood protection elevation; and (11) Standards for structures in a campground: a. All structures must comply with section 122-931(d) or meet the applicable requirements in ss. 122-932, 122-933, 122-934(a), or 122-934(b) for the floodplain district in which the structure is located; b. Deck/landing-a portable landing may be allowed for a camping unit for each entry provided that the landing is not permanently attached to the ground or camping unit, is no more than 200 square feet in size, shall be portable, contain no walls or roof, and can be removed from the campground by a truck and/or trailer. Sections of such portable landings may be placed together to form a single deck not greater than 200 square feet at one entry point. Provisions for the removal of these temporary landings during flood events must be addressed within the written agreement with the municipality compliant O26-xxx Floodplains 9 with section 122-931(d)(4). Any such deck/landing structure may be constructed at elevations lower than the flood protection elevation but must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. c. Decks/patios that are constructed completely at grade may be allowed but must also comply with applicable shoreland zoning standards. d. Camping equipment and appurtenant equipment in the campground may be allowed provided that the equipment is not permanently attached to the ground or camping unit, is not used as a habitable structure, and must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. Provisions for the removal of this equipment during flooding events shall be addressed within the written agreement with the municipality compliant with section 122- 931(d)(4). e. Once a flood warning in the written agreement has been issued for the campground, the campground owner or the designated operator shall ensure that all persons, camping units, decks, camping equipment and appurtenant equipment in the campground shall be evacuated within the timelines specified within the written agreement with the municipality compliant with section 122-931(d)(4). (12) A land use permit shall be obtained as provided under 122-936(a)(2) before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. Sec. 122-932. – FLOODWAY DISTRICT (FW) (a) APPLICABILITY This section applies to all floodway areas on the floodplain zoning maps and those identified pursuant to s. 122-934(a)(5). (b) PERMITTED USES The following open space uses are allowed in the Floodway District and the floodway areas of the General Floodplain District, if: • they are not prohibited by any other ordinance; • they meet the standards in s. 122-932(c) and 122-932(d); and • all permits or certificates have been issued according to s. 122-936(a). (1) Agricultural uses, such as: farming, outdoor plant nurseries, horticulture, viticulture, and wild crop harvesting. (2) Nonstructural industrial and commercial uses, such as loading areas, parking areas and airport landing strips. O26-xxx Floodplains 10 (3) Nonstructural recreational uses, such as golf courses, tennis courts, archery ranges, picnic grounds, boat ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting, trap, and skeet activities, hunting and fishing areas and hiking and horseback riding trails, subject to the fill limitations of s. 122-932(c)(4). (4) Uses or structures accessory to open space uses or classified as historic structures that comply with s. 122-932(c) and 122-932(d). (5) Extraction of sand, gravel or other materials that comply with s. 122-932(c)(4). (6) Functionally water-dependent uses, such as docks, piers or wharves, dams, flowage areas, culverts, navigational aids and river crossings of transmission lines, and pipelines that comply with chs. 30 and 31, Stats. (7) Public utilities, streets and bridges that comply with s. 122-932(c)(3). (8) Portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and Ch. SPS 383, Wis. Adm. Code. (9) Public or private wells used to obtain potable water for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code. (10) Wastewater treatment ponds or facilities permitted under s. NR 110.15(3)(b), Wis. Adm. Code. (11) Sanitary sewer or water supply lines to service existing or proposed development located outside the floodway that complies with the regulations for the floodplain area occupied. (c) STANDARDS FOR DEVELOPMENT IN THE FLOODWAY (1) GENERAL a. Any development in the floodway shall comply with s. 122-931 and have a low flood damage potential. b. Applicants shall provide an analysis calculating the effects of this proposal on the regional flood height to determine the effects of the proposal according to s. 122-931(a) and 122-936(a)(2)c. The analysis must be completed by a registered professional engineer in the state of Wisconsin. c. Any encroachment in the regulatory floodway is prohibited unless the data submitted for subd. 122-932(c)(1)b. above demonstrates that the encroachment will cause no increase in flood elevations in flood events up to the base flood at any location or removes the encroached area from the regulatory floodway as provided in s. 122-930(e)(5). (2) STRUCTURES O26-xxx Floodplains 11 Structures accessory to permanent open space uses, including utility and sanitary facilities, or functionally dependent on a waterfront location may be allowed by permit if the structures comply with the following criteria: a. Not designed for human habitation, does not have a high flood damage potential and is constructed to minimize flood damage; b. Shall either have the lowest floor elevated to or above the flood protection elevation or shall meet all the following standards: 1. Have the lowest floor elevated to or above the regional flood elevation and be dry floodproofed so that the structure is watertight with walls substantially impermeable to the passage of water and completely dry to the flood protection elevation without human intervention during flooding; 2. Have structural components capable of meeting all provisions of Section 122- 932(c)(2)g. and; 3. Be certified by a registered professional engineer or architect, through the use of a Federal Emergency Management Agency Floodproofing Certificate, that the design and methods of construction are in accordance with Section 122-932(c)(2)g. c. Must be anchored to resist flotation, collapse, and lateral movement; d. Mechanical and utility equipment must be elevated to or above the flood protection elevation; and e. Must not obstruct flow of flood waters or cause any increase in flood levels during the occurrence of the regional flood. f. For a structure designed to allow the automatic entry of floodwaters below the Regional Flood Elevation, the applicant shall submit a plan that meets s. 122-932(c)(2)a. through 122-932(c)(2)e. and meets or exceeds the following standards: 1. The lowest floor must be elevated to or above the regional flood elevation; 2. a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; 3. the bottom of all openings shall be no higher than one foot above the lowest adjacent grade; openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters, otherwise must remain open. 4. The use must be limited to parking, building access or limited storage. g. Certification: Whenever floodproofing measures are required, a registered professional engineer or architect shall certify that the following floodproofing measures will be O26-xxx Floodplains 12 utilized, where appropriate, and are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the regional flood: 1. Reinforcement of floors and walls to resist rupture, collapse, or lateral movement caused by water pressures or debris buildup; 2. Construction of wells, water supply systems and waste treatment systems so as to prevent the entrance of flood waters in such systems and must be in accordance with provisions in Sections 122-932(d)(4) and 122-932(d)(5); 3. Subsurface drainage systems to relieve external pressures on foundation walls and basement floors; 4. Cutoff valves on sewer lines or the elimination of gravity flow basement drains; and 5. Placement of utilities to or above the flood protection elevation. (3) PUBLIC UTILITIES, STREETS AND BRIDGES Public utilities, streets and bridges may be allowed by permit, if: a. Adequate floodproofing measures are provided to the flood protection elevation; and b. Construction meets the development standards of s. 122-931(a). (4) FILLS OR DEPOSITION OF MATERIALS Fills or deposition of materials may be allowed by permit, if: a. The requirements of s. 122-931(a) are met; b. No material is deposited in navigable waters unless a permit is issued by the Department pursuant to ch. 30, Stats., and a permit pursuant to s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344 has been issued, if applicable, and all other requirements have been met; c. The fill or other materials will be protected against erosion by riprap, vegetative cover, sheet piling or bulkheading; and d. The fill is not classified as a solid or hazardous material. (d) PROHIBITED USES All uses not listed as permitted uses in s. 122-932(b) are prohibited, including the following uses: (1) Habitable structures, structures with high flood damage potential, or those not associated with permanent open-space uses; O26-xxx Floodplains 13 (2) Storing materials that are buoyant, flammable, explosive, injurious to property, water quality, or human, animal, plant, fish or other aquatic life; (3) Uses not in harmony with or detrimental to uses permitted in the adjoining districts; (4) Any private or public sewage systems, except portable latrines that are removed prior to flooding and systems associated with recreational areas and Department-approved campgrounds that meet the applicable provisions of local ordinances and ch. SPS 383, Wis. Adm. Code; (5) Any public or private wells which are used to obtain potable water, except those for recreational areas that meet the requirements of local ordinances and chs. NR 811 and NR 812, Wis. Adm. Code; (6) Any solid or hazardous waste disposal sites; (7) Any wastewater treatment ponds or facilities, except those permitted under s. NR 110.15(3)(b), Wis. Adm. Code; and (8) Any sanitary sewer or water supply lines, except those to service existing or proposed development located outside the floodway which complies with the regulations for the floodplain area occupied. Sec. 122-933. – FLOODFRINGE DISTRICT (FF) (a) APPLICABILITY This section applies to all floodfringe areas shown on the floodplain zoning maps and those identified pursuant to s. 122-934(a)(5). (b) PERMITTED USES Any structure, land use, or development is allowed in the Floodfringe District if the standards in s. 122-933(c) are met, the use is not prohibited by this, or any other ordinance or regulation and all permits or certificates specified in s. 122-936(a) have been issued. (c) STANDARDS FOR DEVELOPMENT IN THE FLOODFRINGE Section 122-931 shall apply in addition to the following requirements according to the use requested. Any existing structure in the floodfringe must meet the requirements of s. 122-935 Nonconforming Uses; (1) RESIDENTIAL USES Any structure, including a manufactured home, which is to be newly constructed or moved into the floodfringe, shall meet or exceed the following standards; a. All new construction, including placement of manufactured homes, and substantial improvement of residential structures, shall have the lowest floor elevated to or above O26-xxx Floodplains 14 the flood protection elevation on fill. The fill around the structure shall be one foot or more above the regional flood elevation extending at least 15 feet beyond the limits of the structure. No area may be removed from the floodfringe district unless it can be shown to meet s. 122-930(e)(5). b. Notwithstanding s. 122-933(c)(1)a., a basement or crawlspace floor may be placed at the regional flood elevation if the basement or crawlspace is designed to make all portions of the structure below the flood protection elevation watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. No floor of any kind is allowed below the regional flood elevation; c. Contiguous dryland access shall be provided from a structure to land outside of the floodplain, except as provided in subd. d. d. In developments where existing street or sewer line elevations make compliance with subd. c. impractical, the municipality may permit new development and substantial improvements where roads are below the regional flood elevation, if: 1. The municipality has written assurance from police, fire and emergency services that rescue and relief will be provided to the structure(s) by wheeled vehicles during a regional flood event; or 2. The municipality has a DNR-approved emergency evacuation plan that follows acceptable hazard mitigation planning guidelines. (2) ACCESSORY STRUCTURES OR USES In addition to s. 122-931, new construction and substantial improvements of Accessory structures shall be constructed on fill with the lowest floor at or above the regional flood elevation. (3) COMMERCIAL USES In addition to s. 122-931, any commercial structure which is erected, altered, or moved into the floodfringe shall meet the requirements of s. 122-933(c)(1). Subject to the requirements of s. 122-933(c)(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. (4) MANUFACTURING AND INDUSTRIAL USES In addition to s. 122-931, any manufacturing or industrial structure which is erected, altered, or moved into the floodfringe shall have the lowest floor elevated to or above the flood protection elevation or meet the floodproofing standards in s 122-936(e). Subject to the requirements of s. 122-933(c)(5), storage yards, surface parking lots and other such uses may be placed at lower elevations if an adequate warning system exists to protect life and property. O26-xxx Floodplains 15 (5) STORAGE OF MATERIALS Materials that are buoyant, flammable, explosive, or injurious to property, water quality or human, animal, plant, fish, or aquatic life shall be stored at or above the flood protection elevation or floodproofed in compliance with s. 122-936(e). Adequate measures shall be taken to ensure that such materials will not enter the water body during flooding. (6) PUBLIC UTILITIES, STREETS AND BRIDGES All utilities, streets and bridges shall be designed to be compatible with comprehensive floodplain development plans; and a. When failure of public utilities, streets and bridges would endanger public health or safety, or where such facilities are deemed essential, construction or repair of such facilities shall only be permitted if they are designed to comply with s. 122-936(e). b. Minor roads or non-essential utilities may be constructed at lower elevations if they are designed to withstand flood forces to the regional flood elevation. (7) SEWAGE SYSTEMS All sewage disposal systems shall be designed to minimize or eliminate infiltration of flood water into the system, pursuant to s. 122-936(e)(3), to the flood protection elevation and meet the provisions of all local ordinances and ch. SPS 383, Wis. Adm. Code. (8) WELLS All wells shall be designed to minimize or eliminate infiltration of flood waters into the system, pursuant to s. 122-936(e)(3), to the flood protection elevation and shall meet the provisions of chs. NR 811 and NR 812, Wis. Adm. Code. (9) SOLID WASTE DISPOSAL SITES Disposal of solid or hazardous waste is prohibited in floodfringe areas. (10) DEPOSITION OF MATERIALS Any deposited material must meet all the provisions of this ordinance. (11) MANUFACTURED HOMES a. Owners or operators of all manufactured home parks and subdivisions shall provide adequate surface drainage to minimize flood damage, and prepare, secure approval, and file an evacuation plan, indicating vehicular access and escape routes, with local emergency management authorities. b. In existing manufactured home parks, all new homes, replacement homes on existing pads, and substantially improved homes shall: O26-xxx Floodplains 16 1. have the lowest floor elevated to the flood protection elevation; and 2. be anchored so they do not float, collapse, or move laterally during a flood; c. Outside of existing manufactured home parks, including new manufactured home parks and all single units outside of existing parks, all new, replacement and substantially improved manufactured homes shall meet the residential development standards for the floodfringe in s. 122-933(c)(1). (12) MOBILE RECREATIONAL VEHICLES All mobile recreational vehicles must be on site for less than 180 consecutive days and be either: a. fully licensed and ready for highway use; or b. shall meet the elevation and anchoring requirements in s. 122-933(c)(11)b. and c. A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect utilities and security devices and has no permanently attached additions. Sec. 122-934. – OTHER FLOODPLAIN DISTRICTS (a) GENERAL FLOODPLAIN DISTRICT (GFP) (1) APPLICABILITY The provisions for the General Floodplain District shall apply to development in all floodplains mapped as A, AO, AH, and in AE zones within which a floodway is not delineated on the Flood Insurance Rate Maps identified in s. 122-930(e)(2)a. (2) FLOODWAY BOUNDARIES For proposed development in zone A, or in zone AE within which a floodway is not delineated on the Flood Insurance Rate Map identified in s. 122-930(e)(2)a., the boundaries of the regulatory floodway shall be determined pursuant to s. 122-934(a)(5). If the development is proposed to encroach upon the regulatory floodway, the development is subject to the standards of s 122-932. If the development is located entirely within the floodfringe, the development is subject to the standards of s. 122-933. (3) PERMITTED USES Pursuant to s. 122-934(a)(5) it shall be determined whether the proposed use is located within the floodway or floodfringe. Those uses permitted in the Floodway (s. 122-932(b)) and Floodfringe (s. 122-933(b)) Districts are allowed within the General Floodplain District, according to the standards of s. 122-934(a)(4) provided that all permits or certificates required under s. 122-936(a) have been issued. O26-xxx Floodplains 17 (4) STANDARDS FOR DEVELOPMENT IN THE GENERAL FLOODPLAIN DISTRICT Section 122-932 applies to floodway areas, determined to pursuant to 122-934(a)(5); Section 122-933 applies to floodfringe areas, determined to pursuant to 122-934(a)(5). a. New construction and substantial improvement of structures in zone AO shall have the lowest floor, including basement, elevated: 1. To or above the depth, in feet, as shown on the FIRM above the highest adjacent natural grade; or 2. If the depth is not specified on the FIRM, two feet (2) above the highest adjacent natural grade or higher. b. New Construction and substantial improvement of structures in zone AH shall have the lowest floor, including basement, elevated to or above the flood protection elevation. c. In AO/AH zones, provide adequate drainage paths to guide floodwaters around structures. d. All development in zones AO and zone AH shall meet the requirements of s. 122-933 applicable to floodfringe areas. (5) DETERMINING FLOODWAY AND FLOODFRINGE LIMITS Upon receiving an application for development within zone A, or within zone AE where a floodway has not been delineated on the Flood Insurance Rate Maps, the floodplain zoning administrator shall: a. Require the applicant to submit two copies of an aerial photograph or a plan which shows the proposed development with respect to the general floodplain district limits, stream channel, and existing floodplain developments, along with a legal description of the property, fill limits and elevations, building floor elevations and flood proofing measures and the flood zone as shown on the FIRM. b. Require the applicant to furnish any of the following information deemed necessary by the Department to evaluate the effects of the proposal upon flood height and flood flows, regional flood elevation and to determine floodway boundaries. 1. A Hydrologic and Hydraulic Study as specified in s. 122-936(a)(2)c. 2. Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill or storage elevations; size, location, and layout of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types and other pertinent information. 3. Specifications for building construction and materials, floodproofing, filling, dredging, channel improvement, storage, water supply and sanitary facilities. O26-xxx Floodplains 18 (b) COASTAL FLOODPLAIN DISTRICT (CFD) (1) APPLICABILITY The provisions of this section apply to all Coastal Floodplain Districts (CFD) shown on the floodplain zoning maps, which includes zones V, V1-30, and VE. Where a floodway shown on the floodplain zoning maps, or a floodway determined as explained in s. 122- 930(e)(3)d. or a regulatory floodway identified pursuant to s. 122-934(a)(5), extends into a Coastal Floodplain District, development shall comply with the standards of s. 122-932 and s. 122-934(b). (2) STANDARDS FOR DEVELOPMENT IN THE COASTAL FLOODPLAIN DISTRICT Development in the CFD district shall meet the requirements of s. 122-931, as well as the following: a. New construction shall be located landward of the Ordinary High-Water Mark. b. Bulkheads, seawalls, revetments, and other erosion control measures shall not be connected to the foundation or superstructure of a building and shall be designed and constructed so as not to direct floodwaters or increase flood forces or erosion impacts on the foundation or superstructure of any building. c. Man-made alterations of sand dunes are prohibited unless an engineering report documents that the alterations will not increase potential flood damage by reducing the wave and flow dissipation characteristics of the sand dunes. d. The use of fill for structural support of buildings is prohibited. 1. Non-structural fill shall be permitted only if an engineering report demonstrates that the fill will not cause runup, ramping, or deflection of floodwaters that cause damage to buildings. e. New construction and substantial improvement of buildings shall be elevated, consistent with SPS 321.34, on pilings or columns so that the bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to or above the FPE. 1. The pile or column foundation and structure attached thereto shall be anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. Water loading values shall be those associated with the base flood. Wind loading values shall be those defined according to American Society of Civil Engineers 7-16 Minimum design loads and associated criteria for buildings and other structures, or other equivalent standard. 2. A registered professional engineer or architect shall develop or review the structural design, specifications, and plans for the construction, and shall certify that the design O26-xxx Floodplains 19 and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of s. 122-934(b)(2)e. f. New construction and substantial improvement of buildings shall have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood latticework, or insect screening intended to collapse without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. 1. For the purpose of s. 122-934(b)(2)f., a breakaway wall shall have a design safe loading resistance of not less than 10 and not more than 20 pounds per square foot. 2. Use of breakaway walls which exceed a design safe loading resistance of 20 pounds per square foot (either by design or where so required by local or state codes) may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet all of the following conditions: i. Breakaway wall collapse shall result from a water load less than that which would occur during the base flood; and ii. The elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and non-structural). Water loading values shall be those associated with the base flood. Wind loading values shall be those defined according to American Society of Civil Engineers 7-16 Minimum design loads and associated criteria for buildings and other structures, or equivalent standard. 3. All space enclosed by breakaway walls, open wood latticework, or insect screening below the lowest floor shall be used solely for parking, building access, or storage. g. Require within flood-prone areas: 1. New and replacement water supply systems to be designed to minimize or eliminate infiltration of flood waters into the systems; and 2. New and replacement sanitary sewage systems to be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters and onsite waste disposal systems to be located to avoid impairment to them or contamination from them during flooding. h. All mobile recreation vehicles must be on site for less than 180 consecutive days and be either: 1. fully licensed and ready for highway use; or 2. shall meet the standards of ss. 122-934(b)(2)a. through 122-934(b)(2)g. inclusive. O26-xxx Floodplains 20 A mobile recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices and has no permanently attached additions. i. Manufactured homes placed or substantially improved within the Coastal Floodplain District shall meet the standards of ss. 122-934(b)(2)a. through 122-934(b)(2)g. inclusive. Sec. 122-935. – NONCONFORMING USES (a) GENERAL (1) Applicability a. The standards in this section shall apply to all uses and buildings that do not conform to the provisions contained within a floodplain zoning ordinance or with s. 87.30, Stats. and §§ NR 116.12-14, Wis. Adm. Code and 44 CFR 59-72., these standards shall apply to all modifications or additions to any nonconforming use or structure and to the use of any structure or premises which was lawful before the passage of this ordinance or any amendment thereto. A party asserting existence of a lawfully established nonconforming use or structure has the burden of proving that the use or structure was compliant with the floodplain zoning ordinance in effect at the time the use or structure was created. b. As permit applications are received for additions, modifications, or substantial improvements to nonconforming buildings in the floodplain, municipalities shall develop a list of those nonconforming buildings, their present equalized assessed value, and a list of the costs of those activities associated with changes to those buildings. (2) The existing lawful use of a structure or its accessory use which is not in conformity with the provisions of this ordinance may continue subject to the following conditions: a. No modifications or additions to a nonconforming use or structure shall be permitted unless they comply with this ordinance. The words "modification" and "addition" include, but are not limited to, any alteration, addition, modification, structural repair, rebuilding or replacement of any such existing use, structure or accessory structure or use. Maintenance is not considered a modification; this includes painting, decorating, paneling and other nonstructural components and the maintenance, repair or replacement of existing private sewage or water supply systems or connections to public utilities. Any costs associated with the repair of a damaged structure are not considered maintenance. The construction of a deck that does not exceed 200 square feet and that is adjacent to the exterior wall of a principal structure is not an extension, modification, or addition. The roof of the structure may extend over a portion of the deck in order to provide safe ingress and egress to the principal structure. O26-xxx Floodplains 21 b. If a nonconforming use or the use of a nonconforming structure is discontinued for 12 consecutive months, it is no longer permitted and any future use of the property, and any structure or building thereon, shall conform to the applicable requirements of this ordinance; c. The municipality shall keep a record which lists all nonconforming uses and nonconforming structures, their present equalized assessed value, the cost of all modifications or additions which have been permitted, and the percentage of the structure's total current value those modifications represent; d. No modification or addition to any nonconforming structure or any structure with a nonconforming use, which over the life of the structure would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 122-933(c)(1). The costs of elevating the lowest floor of a nonconforming building or a building with a nonconforming use to the flood protection elevation are excluded from the 50% provisions of this paragraph; e. No maintenance on a per event basis to any nonconforming structure or any structure with a nonconforming use, the cost of which would equal or exceed 50% of its present equalized assessed value, shall be allowed unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 122-933(c)(1). Maintenance to any nonconforming structure, which does not exceed 50% of its present equalized assessed value on a per event basis, does not count against the cumulative calculations over the life of the structure for substantial improvement calculations. f. If on a per event basis the total value of the work being done under d. and e. equals or exceeds 50% of the present equalized assessed value, the work shall not be permitted unless the entire structure is permanently changed to a conforming structure with a conforming use in compliance with the applicable requirements of this ordinance. Contiguous dry land access must be provided for residential and commercial uses in compliance with s. 122-933(c)(1). g. Except as provided in subd. h., if any nonconforming structure or any structure with a nonconforming use is destroyed or is substantially damaged, it cannot be replaced, reconstructed, or rebuilt unless the use and the structure meet the current ordinance requirements. A structure is considered substantially damaged if the total cost to restore the structure to its pre-damaged condition equals or exceeds 50% of the structure’s present equalized assessed value. h. For nonconforming buildings that are substantially damaged or destroyed by a nonflood disaster, the repair or reconstruction of any such nonconforming building shall be permitted in order to restore it to the size and use in effect prior to the damage event, O26-xxx Floodplains 22 provided that the following minimum requirements are met, and all required permits have been granted prior to the start of construction: 1. Residential Structures i. Shall have the lowest floor, including basement, elevated to or above the base flood elevation using fill, pilings, columns, posts, or perimeter walls. Perimeter walls must meet the requirements of s. 122-936(e)(2). ii. Shall be anchored to prevent flotation, collapse, or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, and shall be constructed with methods and materials resistant to flood damage. iii. Shall be constructed with electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or elevated so as to prevent water from entering or accumulating within the components during conditions of flooding. iv. In A Zones, obtain, review, and utilize any flood data available from a federal, state or other source. v. In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in s. 122-934(a)(4). vi. in AO Zones, shall have adequate drainage paths around structures on slopes to guide floodwaters around and away from the structure. 2. Nonresidential Structures i. Shall meet the requirements of s. 122-935(a)(2)h.1.i.–vi. ii. Shall either have the lowest floor, including basement, elevated to or above the regional flood elevation; or, together with attendant utility and sanitary facilities, shall meet the standards in s. 122-936(e)(1) or (2). iii. In AO Zones with no elevations specified, shall have the lowest floor, including basement, meet the standards in s. 122-934(a)(4). (3) A nonconforming historic structure may be altered if the alteration will not preclude the structure’s continued designation as a historic structure, the alteration will comply with s. 122-932(c)(1), flood resistant materials are used, and construction practices and floodproofing methods that comply with s. 122-936(e) are used. Repair or rehabilitation of historic structures shall be exempt from the development standards of s. 122-935(a)(2)h.1. if it is determined that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and is the minimum necessary to preserve the historic character and design of the structure. O26-xxx Floodplains 23 (4) Notwithstanding anything in this chapter to the contrary, modifications, additions, maintenance, and repairs to a nonconforming building shall not be prohibited based on cost and the building’s nonconforming use shall be permitted to continue if: a. Any living quarters in the nonconforming building are elevated to be at or above the flood protection elevation; b. The lowest floor of the nonconforming building, including the basement, is elevated to or above the regional flood elevation; c. The nonconforming building is permanently changed to conform to the applicable requirements of 122-931; d. If the nonconforming building is in the floodway, the building is permanently changed to conform to the applicable requirements of 122-932(c)(1), 122-932(c)(2)b. through e., 122-932(c)(3), 122-932(c)(4), and 122-935(b). Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure’s 3-D building envelope must determine the floodway in accordance with section 122-934(a)(5). If the encroachment is in the floodway, it must meet the standards in section 122-932(c)(4); e. If the nonconforming building is in the floodfringe and the building does not conform to the applicable requirements of 122-933(c) and 122-935(c), the building will remain nonconforming. f. Repair or reconstruction of nonconforming structures and substantial improvements of residential buildings in zones A1-30, AE, and AH must have the lowest floor (including basement) elevated to or above the base flood elevation; g. Repair or reconstruction of nonconforming structures and substantial improvements of non-residential buildings in zones A1-30, AE, and AH must have the lowest floor (including basement) elevated to or above the base flood elevation, or (together with attendant utility and sanitary facilities) be designed so that below the base flood elevation the building is watertight with walls substantially impermeable to the passage of water and with structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy: 1. Where a non-residential structure is intended to be made watertight below the base flood elevation, a registered professional engineer or architect must develop and/or review structural design, specifications, and plans for the construction, and must certify that the design and methods of construction are in accordance with accepted standards of practice for meeting the provisions of s. 122-935(a)(4)g. above. 2. The community must maintain a record of such certification including the specific elevation to which each such structure is floodproofed; h. Fully enclosed areas below the lowest floor of repair or reconstruction of nonconforming structures and substantial improvements in zones A1-30, AE, and AH O26-xxx Floodplains 24 that are usable solely for parking of vehicles, building access, or storage, must be designed to adequately equalize hydrostatic forces on exterior walls by allowing for the entry and exit of floodwaters. Subsequent improvements to repaired or reconstructed nonconforming structures must not increase the degree of their nonconformity. Designs for meeting this requirement must either be certified by a registered professional engineer or architect, or meet the following criteria: 1. A minimum of two openings into each enclosed area must be located below the base flood elevation and provide a total net area of not less than one square inch for every square foot of enclosed area. 2. The bottom of all openings must be no higher than one foot above the adjacent grade. 3. Openings may be equipped with screens, louvers, valves, or other coverings if they permit the automatic entry and exit of floodwaters; i. Manufactured homes that are placed or substantially improved within zones A1-30, AE, and AH outside of a manufactured home park or subdivision, in a new manufactured home park or subdivision, in an expansion to an existing manufactured home park or subdivision, or in an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of flood, must be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement; j. Manufactured homes that are placed or substantially improved within zones A1-30, AE, and AH on existing sites in an existing manufactured home park that is not undergoing expansion and on which a manufactured home has not incurred substantial damage as a result of flood must be elevated so that either the lowest floor of the manufactured home is at or above the base flood elevation, or the manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade, and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement; k. Recreational vehicles placed on sites within zones A1-30, AH, and AE must either: 1. Be on site for fewer than 180 consecutive days; or 2. Be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or 3. Meet the elevation and anchoring requirements for manufactured homes in s. 122- 935(a)(4)i. above; l. In a regulatory floodway that has been delineated on the FIRM in zone A1-30 or AE, encroachments, including repair or reconstruction of nonconforming structures, O26-xxx Floodplains 25 substantial improvement, or other development (including fill) must be prohibited unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed encroachment will not result in any increase in flood levels within the community during the occurrence of the base flood discharge. Subsequent improvements to repaired or reconstructed nonconforming structures must not increase the degree of their nonconformity; m. In zone A, the community must obtain, review, and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source as criteria for requiring repair or reconstruction of nonconforming structures, substantial improvement, and other development to meet ss. 122-935(a)(4)f. through l. (inclusive) above. Any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure’s 3-D building envelope must determine the floodway in accordance with section 122-934(a)(5). If the encroachment is in the floodway, it must meet the standards in section 122-932(c)(4). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; n. In zones A1-30 or AE where a regulatory floodway has not been delineated on the FIRM, repair or reconstruction of nonconforming structures, substantial improvement, or any development that adds additional fill or creates an encroachment in the floodplain from beyond the original nonconforming structure’s 3-D building envelope must determine the floodway in accordance with section 122-934(a)(5). If the encroachment is in the floodway, it must meet the standards in section 122-932(c)(4). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; o. In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of residential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified). Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity; or p. In zone AO, repair or reconstruction of nonconforming structures and substantial improvements of nonresidential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the FIRM (at least two feet if no depth number is specified), or (together with attendant utility and sanitary facilities) be structurally dry- floodproofed to that level according to the standard specified in s. 122-935(a)(4)g. above. Subsequent improvements to repair or reconstructed nonconforming structures must not increase the degree of their nonconformity. O26-xxx Floodplains 26 (b) FLOODWAY DISTRICT (1) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use in the Floodway District, unless such modification or addition: a. Has been granted a permit or variance which meets all ordinance requirements; b. Meets the requirements of s. 122-935(a); c. Shall not increase the obstruction to flood flows or regional flood height; d. Any addition to the existing structure shall be floodproofed, pursuant to s. 122-936(e), by means other than the use of fill, to the flood protection elevation; and, e. If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply: 1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade; 2. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials; 3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and 4. The use must be limited to parking, building access or limited storage. (2) No new on-site sewage disposal system, or addition to an existing on-site sewage disposal system, except where an addition has been ordered by a government agency to correct a hazard to public health, shall be allowed in the Floodway District. Any replacement, repair or maintenance of an existing on-site sewage disposal system in a floodway area shall meet the applicable requirements of all municipal ordinances, s. 122-936(e)(3) and Ch. SPS 383, Wis. Adm. Code. (3) No new well or modification to an existing well used to obtain potable water shall be allowed in the Floodway District. Any replacement, repair, or maintenance of an existing well in the Floodway District shall meet the applicable requirements of all municipal ordinances, s. 122-936(e)(3) and chs. NR 811 and NR 812, Wis. Adm. Code. (c) FLOODFRINGE DISTRICT (1) No modification or addition shall be allowed to any nonconforming structure or any structure with a nonconforming use unless such modification or addition has been granted O26-xxx Floodplains 27 a permit or variance by the municipality and meets the requirements of s. 122-933(c) except where s. 122-935(c)(2) is applicable. (2) Where compliance with the provisions of subd. (1) would result in unnecessary hardship and only where the structure will not be used for human habitation or be associated with a high flood damage potential, the Board of Appeals, using the procedures established in s. 122-936(c), may grant a variance from those provisions of subd. (1) for modifications or additions using the criteria listed below. Modifications or additions which are protected to elevations lower than the flood protection elevation may be permitted if: a. No floor is allowed below the regional flood elevation for residential or commercial structures; b. Human lives are not endangered; c. Public facilities, such as water or sewer, shall not be installed; d. Flood depths shall not exceed two feet; e. Flood velocities shall not exceed two feet per second; and f. The structure shall not be used for storage of materials as described in s. 122-933(c)(5). (3) All new private sewage disposal systems, or addition to, replacement, repair or maintenance of a private sewage disposal system shall meet all the applicable provisions of all local ordinances, s. 122-936(e)(3) and ch. SPS 383, Wis. Adm. Code. (4) All new wells, or addition to, replacement, repair, or maintenance of a well shall meet the applicable provisions of this ordinance, s. 122-936(e)(3) and ch. NR 811 and NR 812, Wis. Adm. Code. (d) COASTAL FLOODPLAIN DISTRICT (CFD) (1) New construction and substantial improvement shall meet the standards of s. 122-934(b). (2) No structural repairs, modifications or additions to an existing building, the cost of which exceeds, over the life of the existing building, 50% of its present equalized assessed value, may be allowed in a coastal floodplain area unless the entire building is permanently changed to conform with the standards prescribed in s. 122-934(b). Sec. 122-936. – ADMINISTRATION Where a zoning administrator, planning agency or a board of appeals has already been appointed to administer a zoning ordinance adopted under ss. 59.69, 59.692 or 62.23(7), Stats., these officials shall also administer this ordinance. (a) FLOODPLAIN ZONING ADMINISTRATOR (1) DUTIES AND POWERS O26-xxx Floodplains 28 The floodplain zoning administrator is authorized to administer this ordinance and shall have the following duties and powers: a. Advise applicants of the ordinance provisions, assist in preparing permit applications and appeals, and assure that the regional flood elevation for the proposed development is shown on all permit applications. b. Issue permits and inspect properties for compliance with provisions of this ordinance and issue certificates of compliance where appropriate c. Inspect and assess all damaged floodplain structures to determine if substantial damage to the structures has occurred. d. Keep records of all official actions such as: 1. All permits issued, inspections made, and work approved; 2. Documentation of certified lowest floor and regional flood elevations; 3. Floodproofing certificates. 4. Water surface profiles, floodplain zoning maps and ordinances, nonconforming uses and structures including changes, appeals, variances and amendments. 5. All substantial damage assessment reports for floodplain structures. 6. List of nonconforming structures and uses. 7. In the Coastal Floodplain District, documentation of the certified elevation of the bottom of the lowest horizontal structural member of new construction and substantial improvements. 8. In the Coastal Floodplain District, certification by a licensed professional engineer or architect where required for new construction and substantial improvement under s. 122-934(b) e. Submit copies of the following items to the Department Regional office: 1. Within 10 days of the decision, a copy of any decisions on variances, appeals for map or text interpretations, and map or text amendments; 2. Copies of case-by-case analyses and other required information. 3. Copies of substantial damage assessments performed and all related correspondence concerning the assessments. f. Investigate, prepare reports, and report violations of this ordinance to the municipal zoning agency and attorney for prosecution. Copies of the reports shall also be sent to the Department Regional office. O26-xxx Floodplains 29 g. Submit copies of amendments to the FEMA Regional office. (2) LAND USE PERMIT A land use permit shall be obtained before any development; repair, modification, or addition to an existing structure; or change in the use of a building or structure, including sewer and water facilities, may be initiated. Application to the floodplain zoning administrator shall include: a. GENERAL INFORMATION 1. Name and address of the applicant, property owner and contractor; 2. Legal description, proposed use, and whether it is new construction or a modification; b. SITE DEVELOPMENT PLAN A site plan drawn to scale shall be submitted with the permit application form and shall contain: 1. Location, dimensions, area and elevation of the lot; 2. Location of the ordinary highwater mark of any abutting navigable waterways; 3. Location of any structures with distances measured from the lot lines and street center lines; 4. Location of any existing or proposed on-site sewage systems or private water supply systems; 5. Location and elevation of existing or future access roads; 6. Location of floodplain and floodway limits as determined from the official floodplain zoning maps; 7. The elevation of the lowest floor of proposed buildings and any fill using the vertical datum from the adopted study – either National Geodetic Vertical Datum (NGVD) or North American Vertical Datum (NAVD); 8. Data sufficient to determine the regional flood elevation in NGVD or NAVD at the location of the development and to determine whether or not the requirements of s. 122-932 or 122-933 are met; and 9. Data to determine if the proposed development will cause an obstruction to flow or an increase in regional flood height or discharge according to s. 122-931(a). This may include any of the information noted in s. 122-932(c)(1). c. HYDRAULIC AND HYDROLOGIC STUDIES TO ANALYZE DEVELOPMENT O26-xxx Floodplains 30 All hydraulic and hydrologic studies shall be completed under the direct supervision of a professional engineer registered in the State. The study contractor shall be responsible for the technical adequacy of the study. All studies shall be reviewed and approved by the Department. 1. Zone A floodplains and in AE zones within which a floodway is not delineated: i. Hydrology A. The appropriate method shall be based on the standards in ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge. ii. Hydraulic modeling The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following: A. determination of the required limits of the hydraulic model shall be based on detailed study information for downstream structures (dam, bridge, culvert) to determine adequate starting WSEL for the study. B. channel sections must be surveyed. C. minimum four-foot contour data in the overbanks shall be used for the development of cross section overbank and floodplain mapping. D. a maximum distance of 500 feet between cross sections is allowed in developed areas with additional intermediate cross sections required at transitions in channel bottom slope including a survey of the channel at each location. E. the most current version of HEC-RAS shall be used. F. a survey of bridge and culvert openings and the top of road is required at each structure. G. additional cross sections are required at the downstream and upstream limits of the proposed development and any necessary intermediate locations based on the length of the reach if greater than 500 feet. H. standard accepted engineering practices shall be used when assigning parameters for the base model such as flow, Manning’s N values, expansion and contraction coefficients or effective flow limits. The base model shall be calibrated to past flooding data such as high-water marks to determine the reasonableness of the model results. If no historical data is available, adequate O26-xxx Floodplains 31 justification shall be provided for any parameters outside standard accepted engineering practices. I. the model must extend past the upstream limit of the difference in the existing and proposed flood profiles in order to provide a tie-in to existing studies. The height difference between the proposed flood profile and the existing study profiles shall be no more than 0.00 feet. iii. Mapping A work map of the reach studied shall be provided, showing all cross-section locations, floodway/floodplain limits based on best available topographic data, geographic limits of the proposed development and whether the proposed development is located in the floodway. A. If the proposed development is located outside of the floodway, then it is determined to have no impact on the regional flood elevation. B. If any part of the proposed development is in the floodway, it must be added to the base model to show the difference between existing and proposed conditions. The study must ensure that all coefficients remain the same as in the existing model, unless adequate justification based on standard accepted engineering practices is provided. 2. Zone AE Floodplains i. Hydrology If the proposed hydrology will change the existing study, the appropriate method to be used shall be based on ch. NR 116.07(3), Wis. Admin. Code, Hydrologic Analysis: Determination of Regional Flood Discharge. ii. Hydraulic model The regional flood elevation shall be based on the standards in ch. NR 116.07(4), Wis. Admin. Code, Hydraulic Analysis: Determination of Regional Flood Elevation and the following: A. Duplicate Effective Model The effective model shall be reproduced to ensure correct transference of the model data and to allow integration of the revised data to provide a continuous FIS model upstream and downstream of the revised reach. If data from the effective model is available, models shall be generated that duplicate the FIS profiles and the elevations shown in the Floodway Data Table in the FIS report to within 0.1 foot. B. Corrected Effective Model. O26-xxx Floodplains 32 The Corrected Effective Model shall not include any man-made physical changes since the effective model date but shall import the model into the most current version of HEC-RAS for Department review. C. Existing (Pre-Project Conditions) Model. The Existing Model shall be required to support conclusions about the actual impacts of the project associated with the Revised (Post-Project) Model or to establish more up-to-date models on which to base the Revised (Post-Project) Model. D. Revised (Post-Project Conditions) Model. The Revised (Post-Project Conditions) Model shall incorporate the Existing Model and any proposed changes to the topography caused by the proposed development. This model shall reflect proposed conditions. E. All changes to the Duplicate Effective Model and subsequent models must be supported by certified topographic information, bridge plans, construction plans and survey notes. F. Changes to the hydraulic models shall be limited to the stream reach for which the revision is being requested. Cross sections upstream and downstream of the revised reach shall be identical to those in the effective model and result in water surface elevations and top widths computed by the revised models matching those in the effective models upstream and downstream of the revised reach as required. The Effective Model shall not be truncated. iii. Mapping Maps and associated engineering data shall be submitted to the Department for review which meet the following conditions: A. Consistency between the revised hydraulic models, the revised floodplain and floodway delineations, the revised flood profiles, topographic work map, annotated FIRMs and/or Flood Boundary Floodway Maps (FBFMs), construction plans, bridge plans. B. Certified topographic map of suitable scale, contour interval, and a planimetric map showing the applicable items. If a digital version of the map is available, it may be submitted in order that the FIRM may be more easily revised. C. Annotated FIRM panel showing the revised 1% and 0.2% annual chance floodplains and floodway boundaries. D. If an annotated FIRM and/or FBFM and digital mapping data (GIS or CADD) are used, then all supporting documentation or metadata must be included with the data submission along with the Universal Transverse Mercator (UTM) O26-xxx Floodplains 33 projection and State Plane Coordinate System in accordance with FEMA mapping specifications. E. The revised floodplain boundaries shall tie into the effective floodplain boundaries. F. All cross sections from the effective model shall be labeled in accordance with the effective map and a cross section lookup table shall be included to relate to the model input numbering scheme. G. Both the current and proposed floodways shall be shown on the map. H. The stream centerline, or profile baseline used to measure stream distances in the model shall be visible on the map. d. EXPIRATION All permits issued under the authority of this ordinance shall expire no more than 180 days after issuance. The permit may be extended for a maximum of 180 days for good and sufficient cause. If the permitted work has not started within 180 days of the permit date, the development must comply with any regulation, including any revision to the FIRM or FIS, that took effect after the permit date. (3) CERTIFICATE OF COMPLIANCE No land shall be occupied or used, and no building which is hereafter constructed, altered, added to, modified, repaired, rebuilt, or replaced shall be occupied until a certificate of compliance is issued by the floodplain zoning administrator, except where no permit is required, subject to the following provisions: a. The certificate of compliance shall show that the building or premises or part thereof, and the proposed use, conform to the provisions of this ordinance; b. Application for such certificate shall be concurrent with the application for a permit; c. If all ordinance provisions are met, the certificate of compliance shall be issued within 10 days after written notification that the permitted work is completed; d. The applicant shall submit a certification signed by a registered professional engineer, architect, or land surveyor that the fill, lowest floor and floodproofing elevations are in compliance with the permit issued. Floodproofing measures also require certification by a registered professional engineer or architect that the requirements of s. 122-936(e) are met. e. Where applicable pursuant to s. 122-934(a)(4), the applicant must submit a certification by a registered professional engineer or surveyor of the elevation of the bottom of the lowest horizontal structural member supporting the lowest floor (excluding pilings or columns), and an indication of whether the structure contains a basement. O26-xxx Floodplains 34 f. Where applicable pursuant to s. 122-934(a)(4), the applicant must submit certifications by a registered professional engineer or architect that the structural design and methods of construction meet accepted standards of practice as required by s. 122-934(a)(4). (4) OTHER PERMITS Prior to obtaining a floodplain development permit the applicant must secure all necessary permits from federal, state, and local agencies, including but not limited to those required by the U.S. Army Corps of Engineers under s. 404 of the Federal Water Pollution Control Act, Amendments of 1972, 33 U.S.C. 1344. (b) ZONING AGENCY (1) The City of Superior Plan Commission shall: a. oversee the functions of the office of the floodplain zoning administrator; and b. review and advise the governing body on all proposed amendments to this ordinance, maps, and text. c. publish adequate notice pursuant to Ch. 985, Stats., specifying the date, time, place, and subject of the public hearing. (2) The City of Superior Plan Commission shall not: a. grant variances to the terms of the ordinance in place of action by the Board of Appeals; or b. amend the text or zoning maps in place of official action by the governing body. (c) BOARD OF APPEALS The Board of Appeals, created under s. 62.23(7)(e), Stats., for cities, is hereby authorized or shall be appointed to act for the purposes of this ordinance. The Board shall exercise the powers conferred by Wisconsin Statutes and adopt rules for the conduct of business. The floodplain zoning administrator shall not be the secretary of the Board. (1) POWERS AND DUTIES The Board of Appeals shall: a. Appeals - Hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement or administration of this ordinance; b. Boundary Disputes - Hear and decide disputes concerning the district boundaries shown on the official floodplain zoning map; and c. Variances - Hear and decide, upon appeal, variances from the ordinance standards. O26-xxx Floodplains 35 (2) APPEALS TO THE BOARD a. Appeals to the board may be taken by any person aggrieved, or by any officer or department of the municipality affected by any decision of the floodplain zoning administrator or other administrative officer. Such appeal shall be taken within 30 days unless otherwise provided by the rules of the board, by filing with the official whose decision is in question, and with the board, a notice of appeal specifying the reasons for the appeal. The official whose decision is in question shall transmit to the board all records regarding the matter appealed. b. NOTICE AND HEARING FOR APPEALS INCLUDING VARIANCES 1. Notice - The board shall: i. Fix a reasonable time for the hearing; ii. Publish adequate notice pursuant to Wisconsin Statutes, specifying the date, time, place, and subject of the hearing; and iii. Assure that notice shall be mailed to the parties in interest and the Department Regional office at least 10 days in advance of the hearing. 2. Hearing - Any party may appear in person or by agent. The board shall: i. Resolve boundary disputes according to s. 122-936(c)(3); ii. Decide variance applications according to s. 122-936(c)(4); and iii. Decide appeals of permit denials according to s. 122-936(d). c. DECISION: The final decision regarding the appeal or variance application shall: 1. Be made within a reasonable time; 2. Be sent to the Department Regional office within 10 days of the decision; 3. Be a written determination signed by the chairman or secretary of the Board; 4. State the specific facts which are the basis for the Board's decision; 5. Either affirm, reverse, vary or modify the order, requirement, decision, or determination appealed, in whole or in part, dismiss the appeal for lack of jurisdiction or grant or deny the variance application; and 6. Include the reasons for granting an appeal, describing the hardship demonstrated by the applicant in the case of a variance, clearly stated in the recorded minutes of the Board proceedings. (3) BOUNDARY DISPUTES O26-xxx Floodplains 36 The following procedure shall be used by the Board in hearing disputes concerning floodplain district boundaries: a. If a floodplain district boundary is established by approximate or detailed floodplain studies, the flood elevations or profiles shall prevail in locating the boundary. b. The person contesting the boundary location shall be given a reasonable opportunity to present arguments and technical evidence to the Board; and c. If the boundary is incorrectly mapped, the Board should inform the zoning committee or the person contesting the boundary location to petition the governing body for a map amendment according to s. 122-937 Amendments. (4) VARIANCE a. The Board may, upon appeal, grant a variance from the standards of this ordinance if an applicant convincingly demonstrates that: 1. Literal enforcement of the ordinance will cause unnecessary hardship; 2. The hardship is due to adoption of the floodplain ordinance and unique property conditions, not common to adjacent lots or premises. In such case the ordinance or map must be amended; 3. The variance is not contrary to the public interest; and 4. The variance is consistent with the purpose of this ordinance in s. 122-930(c). b. In addition to the criteria in subd. a., to qualify for a variance under FEMA regulations, the Board must find that the following criteria have been met: 1. The variance shall not cause any increase in the regional flood elevation; 2. The applicant has shown good and sufficient cause for issuance of the variance; 3. Failure to grant the variance would result in exceptional hardship; 4. Granting the variance will not result in additional threats to public safety, extraordinary expense, create a nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances; 5. The variance granted is the minimum necessary, considering the flood hazard, to afford relief. c. A variance shall not: 1. Grant, extend or increase any use prohibited in the zoning district; 2. Be granted for a hardship based solely on an economic gain or loss; O26-xxx Floodplains 37 3. Be granted for a hardship which is self-created. 4. Damage the rights or property values of other persons in the area; 5. Allow actions without the amendments to this ordinance or map(s) required in s. 122- 937 Amendments; and 6. Allow any alteration of an historic structure, including its use, which would preclude its continued designation as an historic structure. d. When a floodplain variance is granted, the Board shall notify the applicant in writing that it may increase risks to life and property and flood insurance premiums could increase up to $25.00 per $100.00 of coverage. A copy shall be maintained with the variance record. (d) TO REVIEW APPEALS OF PERMIT DENIALS (1) The Zoning Agency (s. 122-936(b)) or Board shall review all data related to the appeal. This may include: a. Permit application data listed in s. 122-936(a)(2); b. Floodway/floodfringe determination data in s. 122-934(a)(5); c. Data listed in s. 122-932(c)(1)b. where the applicant has not submitted this information to the floodplain zoning administrator; and d. Other data submitted with the application or submitted to the Board with the appeal. (2) For appeals of all denied permits the Board shall: a. Follow the procedures of s. 122-936(c); b. Consider zoning agency recommendations; and c. Either uphold the denial or grant the appeal. (3) For appeals concerning increases in regional flood elevation the Board shall: a. Uphold the denial where the Board agrees with the data showing an increase in flood elevation. Increases may only be allowed after amending the flood profile and map and all appropriate legal arrangements are made with all adversely affected property owners as per the requirements of s. 122-937 Amendments; and b. Grant the appeal where the Board agrees that the data properly demonstrates that the project does not cause an increase provided no other reasons for denial exist. O26-xxx Floodplains 38 (e) FLOODPROOFING STANDARDS (1) No permit or variance shall be issued for a non-residential structure designed to be watertight below the regional flood elevation until the applicant submits a plan certified by a registered professional engineer or architect that the floodproofing measures will protect the structure or development to or above the flood protection elevation and submits a FEMA Floodproofing Certificate. Floodproofing is not an alternative to the development standards in ss. 122-931, 122-932, 122-933, 122-934(a), or 122-934(b). (2) For a structure designed to allow the entry of floodwaters, no permit or variance shall be issued until the applicant submits a plan either: a. certified by a registered professional engineer or architect; or b. meeting or exceeding the following standards: 1. a minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding; 2. the bottom of all openings shall be no higher than one foot above grade; and 3. openings may be equipped with screens, louvers, valves, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters. (3) Floodproofing measures shall be designed, as appropriate, to: a. Withstand flood pressures, depths, velocities, uplift and impact forces and other regional flood factors; b. Protect structures to the flood protection elevation; c. Anchor structures to foundations to resist flotation and lateral movement; d. Minimize or eliminate infiltration of flood waters; e. Minimize or eliminate discharges into flood waters; f. Placement of essential utilities to or above the flood protection elevation; and g. If any part of the foundation below the flood protection elevation is enclosed, the following standards shall apply: 1. The enclosed area shall be designed by a registered architect or engineer to allow for the efficient entry and exit of flood waters without human intervention. A minimum of two openings must be provided with a minimum net area of at least one square inch for every one square foot of the enclosed area. The lowest part of the opening can be no more than 12 inches above the adjacent grade; O26-xxx Floodplains 39 2. The parts of the foundation located below the flood protection elevation must be constructed of flood-resistant materials; 3. Mechanical and utility equipment must be elevated or floodproofed to or above the flood protection elevation; and 4. The use must be limited to parking, building access or limited storage. (f) PUBLIC INFORMATION (1) Place marks on structures to show the depth of inundation during the regional flood. (2) All maps, engineering data and regulations shall be available and widely distributed. (3) Real estate transfers should show what floodplain district any real property is in. Sec. 122-937. – AMENDMENTS Obstructions or increases may only be permitted if amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 122-937(a). (1) In AE Zones with a mapped floodway, no obstructions or increases shall be permitted unless the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain zoning maps, floodway lines and water surface profiles, in accordance with s. 122-937(a). Any such alterations must be reviewed and approved by FEMA and the DNR. (2) In A Zones increases equal to or greater than 1.0 foot may only be permitted if the applicant receives a Conditional Letter of Map Revision from FEMA and amendments are made to this ordinance, the official floodplain maps, floodway lines, and water surface profiles, in accordance with s. 122-937(a). (a) GENERAL The governing body shall change or supplement the floodplain zoning district boundaries and this ordinance in the manner outlined in s. 122-937(b) below. Actions which require an amendment to the ordinance and/or submittal of a Letter of Map Change (LOMC) include, but are not limited to, the following: (1) Any fill or floodway encroachment that obstructs flow causing any increase in the regional flood height; (2) Any change to the floodplain boundaries and/or watercourse alterations on the FIRM; (3) Any changes to any other officially adopted floodplain maps listed in s. 122-930(e)(2)b.; (4) Any floodplain fill which raises the elevation of the filled area to a height at or above the flood protection elevation and is contiguous to land lying outside the floodplain; O26-xxx Floodplains 40 (5) Correction of discrepancies between the water surface profiles and floodplain maps; (6) Any upgrade to a floodplain zoning ordinance text required by s. NR 116.05, Wis. Adm. Code, or otherwise required by law, or for changes by the municipality; and (7) All channel relocations and changes to the maps to alter floodway lines or to remove an area from the floodway or the floodfringe that is based on a base flood elevation from a FIRM requires prior approval by FEMA. (b) PROCEDURES Ordinance amendments may be made upon petition of any party according to the provisions of s. 62.23, Stats., for cities. The petitions shall include all data required by s. 122-934(a)(5) and 122-936(a)(2). The Land Use Permit shall not be issued until a Letter of Map Revision is issued by FEMA for the proposed changes. (1) The proposed amendment shall be referred to the zoning agency for a public hearing and recommendation to the governing body. The amendment and notice of public hearing shall be submitted to the Department Regional office for review prior to the hearing. The amendment procedure shall comply with the provisions of s. 62.23, Stats., for cities. (2) No amendments shall become effective until reviewed and approved by the Department. (3) All persons petitioning for a map amendment that obstructs flow causing any increase in the regional flood height, shall obtain flooding easements or other appropriate legal arrangements from all adversely affected property owners and notify local units of government before the amendment can be approved by the governing body. Sec. 122-938. – ENFORCEMENT AND PENALTIES Any violation of the provisions of this ordinance by any person shall be unlawful and shall be referred to the municipal attorney who shall expeditiously prosecute all such violators. A violator shall, upon conviction, forfeit to the municipality a penalty of not more than $50.00 (fifty dollars), together with a taxable cost of such action. Each day of continued violation shall constitute a separate offense. Every violation of this ordinance is a public nuisance, and the creation may be enjoined, and the maintenance may be abated by action at suit of the municipality, the state, or any citizen thereof pursuant to s. 87.30, Stats. Sec. 122-939. – DEFINITIONS Unless specifically defined, words and phrases in this ordinance shall have their common law meaning and shall be applied in accordance with their common usage. Words used in the present tense include the future, the singular number includes the plural and the plural number includes the singular. The word "may" is permissive, "shall" is mandatory and is not discretionary. A ZONES – Those areas shown on the Official Floodplain Zoning Map which would be inundated by the regional flood. These areas may be numbered or unnumbered A Zones. The A O26-xxx Floodplains 41 Zones may or may not be reflective of flood profiles, depending on the availability of data for a given area. AH ZONE – See “AREA OF SHALLOW FLOODING”. AO ZONE – See “AREA OF SHALLOW FLOODING”. ACCESSORY STRUCTURE OR USE – A facility, structure, building or use which is accessory or incidental to the principal use of a property, structure or building. An accessory structure shall not be used for human habitation. ALTERATION – An enhancement, upgrade or substantial change or modification other than an addition or repair to a dwelling or to electrical, plumbing, heating, ventilating, air conditioning and other systems within a structure. AREA OF SHALLOW FLOODING – A designated AO, AH, AR/AO, AR/AH, or VO zone on a community’s Flood Insurance Rate Map (FIRM) with a 1 percent or greater annual chance of flooding to an average depth of 1 to 3 feet where a clearly defined channel does not exist, where the path of flooding is unpredictable, and where velocity flood may be evident. Such flooding is characterized by ponding or sheet flow. BASE FLOOD – Means the flood having a one percent chance of being equaled or exceeded in any given year, as published by FEMA as part of a FIS and depicted on a FIRM. BASEMENT – Any enclosed area of a building having its floor sub-grade on all sides. BREAKAWAY WALL – A wall that is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces, without causing damage to the elevated portion of the building or supporting foundation system. BUILDING – See STRUCTURE. BULKHEAD LINE – A geographic line along a reach of navigable water that has been adopted by a municipal ordinance and approved by the Department pursuant to s. 30.11, Stats., and which allows limited filling between this bulkhead line and the original ordinary highwater mark, except where such filling is prohibited by the floodway provisions of this ordinance. CAMPGROUND – Any parcel of land which is designed, maintained, intended, or used for the purpose of providing sites for nonpermanent overnight use by 4 or more camping units, or which is advertised or represented as a camping area. CAMPING UNIT – Any portable device, no more than 400 square feet in area, used as a temporary shelter, including but not limited to a camping trailer, motor home, bus, van, pick-up truck, or tent that is fully licensed, if required, and ready for highway use. CERTIFICATE OF COMPLIANCE – A certification that the construction and the use of land or a building, the elevation of fill or the lowest floor of a structure is in compliance with all of the provisions of this ordinance. O26-xxx Floodplains 42 CHANNEL – A natural or artificial watercourse with definite bed and banks to confine and conduct normal flow of water. COASTAL FLOODPLAIN – An area along the coast of Lake Michigan or Lake Superior which is inundated by the regional flood and which is also subject to additional hazard due to wave runup. COASTAL HIGH HAZARD AREA – An area of special flood hazard extending from offshore to the inland limit of a primary frontal dune along an open coast, and any other area subject to high velocity wave action from storms. CRAWLWAYS or CRAWL SPACE – An enclosed area below the first usable floor of a building, generally less than five feet in height, used for access to plumbing and electrical utilities. DECK – An unenclosed exterior structure that has no roof or sides and has a permeable floor which allows the infiltration of precipitation. DEPARTMENT – The Wisconsin Department of Natural Resources. DEVELOPMENT – Any artificial change to improved or unimproved real estate, including, but not limited to, the construction of buildings, structures or accessory structures; the construction of additions or alterations to buildings, structures or accessory structures; the repair of any damaged structure or the improvement or renovation of any structure, regardless of percentage of damage or improvement; the placement of buildings or structures; subdivision layout and site preparation; mining, dredging, filling, grading, paving, excavation or drilling operations; the storage, deposition or extraction of materials or equipment; and the installation, repair or removal of public or private sewage disposal systems or water supply facilities. DRYLAND ACCESS – A vehicular access route which is above the regional flood elevation, and which connects land located in the floodplain to land outside the floodplain, such as a road with its surface above regional flood elevation and wide enough for wheeled rescue and relief vehicles. ENCROACHMENT – Any fill, structure, equipment, use or development in the floodway. FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) – The federal agency that administers the National Flood Insurance Program. FLOOD INSURANCE RATE MAP (FIRM) – A map of a community on which the Federal Insurance Administration has delineated both the floodplain and the risk premium zones applicable to the community. This map can only be amended by the Federal Emergency Management Agency. FLOOD or FLOODING – A general and temporary condition of partial or complete inundation of normally dry land areas caused by one of the following conditions: (1) The overflow or rise of inland waters; O26-xxx Floodplains 43 (2) The rapid accumulation or runoff of surface waters from any source; (3) The inundation caused by waves or currents of water exceeding anticipated cyclical levels along the shore of Lake Michigan or Lake Superior; or (4) The sudden increase caused by an unusually high-water level in a natural body of water, accompanied by a severe storm, or by an unanticipated force of nature, such as a seiche, or by some similarly unusual event. FLOOD FREQUENCY – The probability of a flood occurrence which is determined from statistical analyses. The frequency of a particular flood event is usually expressed as occurring, on the average once in a specified number of years or as a percent (%) chance of occurring in any given year. FLOODFRINGE – That portion of the floodplain outside of the floodway which is covered by flood waters during the regional flood and associated with standing water rather than flowing water. FLOOD HAZARD BOUNDARY MAP – A map designating approximate flood hazard areas. Flood hazard areas are designated as unnumbered A-Zones and do not contain floodway lines or regional flood elevations. This map forms the basis for both the regulatory and insurance aspects of the National Flood Insurance Program (NFIP) until superseded by a Flood Insurance Study and a Flood Insurance Rate Map. FLOOD INSURANCE STUDY – A technical engineering examination, evaluation, and determination of the local flood hazard areas. It provides maps designating those areas affected by the regional flood and provides both flood insurance rate zones and base flood elevations and may provide floodway lines. The flood hazard areas are designated as numbered and unnumbered A-Zones. Flood Insurance Rate Maps, that accompany the Flood Insurance Study, form the basis for both the regulatory and the insurance aspects of the National Flood Insurance Program. FLOODPLAIN – Land which has been or may be covered by flood water during the regional flood. It includes the floodway and the floodfringe and may include other designated floodplain areas for regulatory purposes. FLOODPLAIN ISLAND – A natural geologic land formation within the floodplain that is surrounded, but not covered, by floodwater during the regional flood. FLOODPLAIN MANAGEMENT – Policy and procedures to ensure wise use of floodplains, including mapping and engineering, mitigation, education, and administration and enforcement of floodplain regulations. FLOODPLAIN ZONING ADMINISTRATOR - floodplain zoning administrator is authorized to administer this ordinance and has the duties described in section 122-936(a) of this ordinance. FLOOD PROFILE – A graph or a longitudinal profile line showing the relationship of the water surface elevation of a flood event to locations of land surface elevations along a stream or river. O26-xxx Floodplains 44 FLOODPROOFING – Any combination of structural provisions, changes or adjustments to properties and structures, water and sanitary facilities and contents of buildings subject to flooding, for the purpose of reducing or eliminating flood damage. FLOOD PROTECTION ELEVATION – An elevation of two feet of freeboard above the Regional Flood Elevation. (Also see: FREEBOARD.) FLOOD STORAGE – Those floodplain areas where storage of floodwaters has been taken into account during analysis in reducing the regional flood discharge. FLOODWAY – The channel of a river or stream and those portions of the floodplain adjoining the channel required to carry the regional flood discharge. FREEBOARD – A safety factor expressed in terms of a specified number of feet above a calculated flood level. Freeboard compensates for any factors that cause flood heights greater than those calculated, including ice jams, debris accumulation, wave action, obstruction of bridge openings and floodways, the effects of watershed urbanization, loss of flood storage areas due to development and aggregation of the river or stream bed. HABITABLE STRUCTURE – Any structure or portion thereof used or designed for human habitation. HEARING NOTICE – Publication or posting meeting the requirements of Ch. 985, Stats. For appeals, a Class 1 notice, published once at least one week (7 days) before the hearing, is required. For all zoning ordinances and amendments, a Class 2 notice, published twice, once each week consecutively, the last at least a week (7 days) before the hearing. Local ordinances or bylaws may require additional notice, exceeding these minimums. HIGH FLOOD DAMAGE POTENTIAL – Damage that could result from flooding that includes any danger to life or health or any significant economic loss to a structure or building and its contents. HIGHEST ADJACENT GRADE – The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. HISTORIC STRUCTURE – Any structure that is either: (1) Listed individually in the National Register of Historic Places or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register; (2) Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; (3) Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or O26-xxx Floodplains 45 (4) Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program, as determined by the Secretary of the Interior; or by the Secretary of the Interior in states without approved programs. INCREASE IN REGIONAL FLOOD HEIGHT – A calculated upward rise in the regional flood elevation greater than 0.00 foot, based on a comparison of existing conditions and proposed conditions which is directly attributable to development in the floodplain but not attributable to manipulation of mathematical variables such as roughness factors, expansion and contraction coefficients and discharge. LAND USE – Any nonstructural use made of unimproved or improved real estate. (Also see DEVELOPMENT.) LOWEST ADJACENT GRADE – Elevation of the lowest ground surface that touches any of the exterior walls of a building. LOWEST FLOOR – The lowest floor of the lowest enclosed area (including basement). An enclosed space as provided in s. 122-934(b)(2)f., is not considered the building’s lowest floor. MAINTENANCE – The act or process of ordinary upkeep and repairs, including redecorating, refinishing, nonstructural repairs, or the replacement of existing fixtures, systems or equipment with equivalent fixtures, systems, or structures. MANUFACTURED HOME – A structure transportable in one or more sections, which is built on a permanent chassis and is designed to be used with or without a permanent foundation when connected to required utilities. The term "manufactured home" includes a mobile home but does not include a "mobile recreational vehicle." MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION – A parcel (or contiguous parcels) of land, divided into two or more manufactured home lots for rent or sale. MOBILE/MANUFACTURED HOME PARK OR SUBDIVISION, EXISTING – A parcel of land, divided into two or more manufactured home lots for rent or sale, on which the construction of facilities for servicing the lots is completed before the effective date of this ordinance. At a minimum, this would include the installation of utilities, the construction of streets and either final site grading or the pouring of concrete pads. MOBILE/MANUFACTURED HOME PARK, EXPANSION TO EXISTING – The preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed. This includes installation of utilities, construction of streets and either final site grading, or the pouring of concrete pads. MOBILE RECREATIONAL VEHICLE – A vehicle which is built on a single chassis, 400 square feet or less when measured at the largest horizontal projection, designed to be self- propelled, carried or permanently towable by a licensed, light-duty vehicle, is licensed for highway use if registration is required and is designed primarily not for use as a permanent dwelling, but as temporary living quarters for recreational, camping, travel or seasonal use. O26-xxx Floodplains 46 Manufactured homes that are towed or carried onto a parcel of land, but do not remain capable of being towed or carried, including park model homes, do not fall within the definition of "mobile recreational vehicles." MODEL, CORRECTED EFFECTIVE – A hydraulic engineering model that corrects any errors that occur in the Duplicate Effective Model, adds any additional cross sections to the Duplicate Effective Model, or incorporates more detailed topographic information than that used in the current effective model. MODEL, DUPLICATE EFFECTIVE – A copy of the hydraulic analysis used in the effective FIS and referred to as the effective model. MODEL, EFFECTIVE – The hydraulic engineering model that was used to produce the current effective Flood Insurance Study. MODEL, EXISTING (PRE-PROJECT) – A modification of the Duplicate Effective Model or Corrected Effective Model to reflect any man-made modifications that have occurred within the floodplain since the date of the effective model but prior to the construction of the project for which the revision is being requested. If no modification has occurred since the date of the effective model, then this model would be identical to the Corrected Effective Model or Duplicate Effective Model. MODEL, REVISED (POST-PROJECT) – A modification of the Existing or Pre-Project Conditions Model, Duplicate Effective Model or Corrected Effective Model to reflect revised or post-project conditions. MODERATE WAVE ACTION AREA (MoWA) – A special flood hazard area subject to the potential for breaking wave heights of greater than or equal to 1.5 feet, but less than 3 feet, where the primary source of flooding is astronomical tides, storm surges, seiches, and/or tsunamis. A MoWA is an area within zone AE on a FIRM that is between the inland limit of zone VE and a Limit of Moderate Wave Action, where identified. (Also known as “coastal A zone”) MUNICIPALITY or MUNICIPAL – The county, city or village governmental units enacting, administering, and enforcing this zoning ordinance. NAVD or NORTH AMERICAN VERTICAL DATUM – Elevations referenced to mean sea level datum, 1988 adjustment. NGVD or NATIONAL GEODETIC VERTICAL DATUM – Elevations referenced to mean sea level datum, 1929 adjustment. NEW CONSTRUCTION – Structures for which the start of construction commenced on or after the effective date of a floodplain zoning regulation adopted by this community and includes any subsequent improvements to such structures. NON-FLOOD DISASTER – A fire or an ice storm, tornado, windstorm, mudslide, or other destructive act of nature, but excludes a flood. O26-xxx Floodplains 47 NONCONFORMING STRUCTURE – An existing lawful structure or building which is not in conformity with the dimensional or structural requirements of this ordinance for the area of the floodplain which it occupies. (For example, an existing residential structure in the floodfringe district is a conforming use. However, if the lowest floor is lower than the flood protection elevation, the structure is nonconforming.) NONCONFORMING USE – An existing lawful use or accessory use of a structure or building which is not in conformity with the provisions of this ordinance for the area of the floodplain which it occupies. (Such as a residence in the floodway.) OBSTRUCTION TO FLOW – Any development which blocks the conveyance of floodwaters such that this development alone or together with any future development will cause an increase in regional flood height. OFFICIAL FLOODPLAIN ZONING MAP – That map, adopted and made part of this ordinance, as described in s. 122-930(e)(2), which has been approved by the Department and FEMA. OPEN SPACE USE – Those uses having a relatively low flood damage potential and not involving structures. ORDINARY HIGHWATER MARK – The point on the bank or shore up to which the presence and action of surface water is so continuous as to leave a distinctive mark such as by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic. PERSON – An individual, or group of individuals, corporation, partnership, association, municipality, or state agency. PRIMARY FRONTAL DUNE – A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and landward slopes immediately landward and adjacent to the beach and subject to erosion and overtopping from high tides and waves during major coastal storms. The inland limit of the primary frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a relatively mild slope. PRIVATE SEWAGE SYSTEM – A sewage treatment and disposal system serving one structure with a septic tank and soil absorption field located on the same parcel as the structure. It also means an alternative sewage system approved by the Department of Safety and Professional Services, including a substitute for the septic tank or soil absorption field, a holding tank, a system serving more than one structure, or a system located on a different parcel than the structure. PUBLIC UTILITIES – Those utilities using underground or overhead transmission lines such as electric, telephone and telegraph, and distribution and collection systems such as water, sanitary sewer, and storm sewer. O26-xxx Floodplains 48 REASONABLY SAFE FROM FLOODING – Means base flood waters will not inundate the land or damage structures to be removed from the floodplain and that any subsurface waters related to the base flood will not damage existing or proposed buildings. REGIONAL FLOOD – A flood determined to be representative of large floods known to have occurred in Wisconsin. A regional flood is a flood with a one percent chance of being equaled or exceeded in any given year, and if depicted on the FIRM, the RFE is equivalent to the BFE. SAND DUNES – Naturally occurring accumulations of sand in ridges or mounds landward of the beach. START OF CONSTRUCTION – The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond initial excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways, nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms, nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For an alteration, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building. STRUCTURE – Any manmade object with form, shape and utility, either permanently or temporarily attached to, placed upon or set into the ground, stream bed or lakebed, including, but not limited to, roofed and walled buildings, gas or liquid storage tanks, bridges, dams and culverts. SUBDIVISION – Has the meaning given in s. 236.02(12), Wis. Stats. SUBSTANTIAL DAMAGE – Damage of any origin sustained by a structure, whereby the cost of restoring the structure to its pre-damaged condition would equal or exceed 50 percent of the equalized assessed value of the structure before the damage occurred. SUBSTANTIAL IMPROVEMENT – Any repair, reconstruction, rehabilitation, addition or improvement of a building or structure, the cost of which equals or exceeds 50 percent of the equalized assessed value of the structure before the improvement or repair is started. If the structure has sustained substantial damage, any repairs are considered substantial improvement regardless of the work performed. The term does not include either any project for the improvement of a building required to correct existing health, sanitary or safety code violations identified by the building official and that are the minimum necessary to assure safe living conditions; or any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure. UNNECESSARY HARDSHIP – Where special conditions affecting a particular property, which were not self-created, have made strict conformity with restrictions governing areas, setbacks, O26-xxx Floodplains 49 frontage, height, or density unnecessarily burdensome or unreasonable in light of the purposes of the ordinance. VARIANCE – An authorization by the board of adjustment or appeals for the construction or maintenance of a building or structure in a manner which is inconsistent with dimensional standards (not uses) contained in the floodplain zoning ordinance. VIOLATION – The failure of a structure or other development to be fully compliant with the floodplain zoning ordinance. A structure or other development without required permits, lowest floor elevation documentation, floodproofing certificates or required floodway encroachment calculations is presumed to be in violation until such time as that documentation is provided. WATERSHED – The entire region contributing runoff or surface water to a watercourse or body of water. WATER SURFACE PROFILE – A graphical representation showing the elevation of the water surface of a watercourse for each position along a reach of river or stream at a certain flood flow. A water surface profile of the regional flood is used in regulating floodplain areas. WELL – means an excavation opening in the ground made by digging, boring, drilling, driving or other methods, to obtain groundwater regardless of its intended use. Secs. 122-940—122-966. – Reserved. SECTION 2: All ordinances and parts of ordinance in conflict herewith are hereby repealed. SECTION 3: 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 4: This ordinance shall take effect and be in force from and after its passage and publication, as provided by law. Passed and adopted this 16th day of June, 2026. Approved this 16th day of June, 2026. O26-xxx Floodplains 50 ______________________________________ Mayor Attest: ________________________________ City Clerk 1 Regular Council Meeting September 15, 2026 PROCEEDINGS OF THE REGULAR COMMON COUNCIL MEETING CITY OF SUPERIOR, WISCONSIN September 15, 2026 at 6:30 p.m. Government Center, Board Room 201, 1316 N 14th Street, Superior, WI 54880 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL Present: Nick Ledin, Sarah Anderson, Garner Moffat, Joe Radtke, Karly Caven, Mike Herrick, Rob Hering, Lindsey Graskey – 8 Virtual: Absent: Jack Sweeney, Tylor Elm – 2 Also Present: Mayor Paine, City Attorney Prell, Chief of Staff Bernacki, City Clerk Blunt, Deputy City Clerk Bacon 3. PRESENTATIONS AND PUBLIC HEARINGS 3.1. Presentation by the Health Insurance Committee & Wellness Committee with committee Co-Chairs Lee Sandok Baker and Bob Zimmerman. 4. APPROVAL OF MINUTES 4.1. September 1, 2026 – Regular Common Council Meeting MOTION TO APPROVE, by President Herrick, was seconded by Vice President Moffat, and carried. 5. CORRESPONDENCE TO BE FILED 6. MAYOR’S REPORT 6.1. Report from Mayor Paine 7. STANDING COMMITTEE REPORTS 7.1. Human Resources Committee (No meeting to report) 7.2. Public Works Committee (No meeting to report) 7.3. Finance Committee (No meeting to report) 7.4. Licenses and Fees Committee (No meeting to report) 7.5. Public Safety Committee (No meeting to report) 2 Regular Council Meeting September 15, 2026 8. SPECIAL COMMITTEE REPORTS 8.1. REPORTS WITH RECOMMENDATIONS 8.2. REPORTS SANS RECOMMENDATIONS 8.2.1. Golf Course Committee (Meeting held August 27, 2026) No report from the Chair. 8.2.2. Plan Commission (Meeting held September 8, 2026) Report from Chair Paine. 9. OLD BUSINESS 10. NEW BUSINESS 10.1. Miscellaneous licenses. MOTION TO APPROVE, by President Herrick, was seconded by Vice President Moffat, and carried. 10.2. R26-13890, a resolution introduced by the Community Development Division to set a public hearing for the 2027 Community Development Block Grant Action Plan. MOTION TO APPROVE, by President Herrick, was seconded Councilor Anderson, and carried. 10.3. O26-4436, an ordinance introduced by the Common Council of the City of Superior amending City Code, Chapter 112 – Traffic Code, Schedule J – Accessible Parking Zones, to add accessible parking signage at 412 Weeks Avenue. MOTION TO APPROVE, by Councilor Graskey, was seconded by Councilor Caven, and carried. 10.4. Amend existing agreement and waive bidding process for Mi-Tech Services, Inc. for the Fiber Phase 3 Professional Services contract. MOTION TO APPROVE, by Councilor Ledin, was seconded by Vice President Moffat, and carried. 11. BUSINESS BY PUBLIC 11.1 Bob Martin spoke regarding the Bong/Blatnik bridge plans. 3 Regular Council Meeting September 15, 2026 Meeting adjourned at 6:56 p.m. Respectfully submitted, Heidi Blunt, City Clerk Superior, Wisconsin Approved this 6th day of October, 2026. Attest: ____________________________________ Mayor ____________________________________ City Clerk RESOLUTION # R26-13891 RESOLUTION INTRODDUCED BY MAYOR PAINE TO SET A PUBLIC HEARING PERTAINING TO THE PROPOSED 2027 GENERAL FUND BUDGET AND SUBSEQUENT AMENDMENTS. WHEREAS, pursuant to Wisconsin Statute § 65.90, a public hearing shall be held at the time and place stipulated at which any resident or taxpayer of the governmental unit shall have an opportunity to be heard on the proposed budget. NOW, THEREFORE, BE IT RESOLVED that a public hearing will be held by the Common Council of the City of Superior at 6:30 p.m. on the 10th day of November, 2026, in Board Room 201 of the Government Center, 1316 N. 14th Street. Passed and adopted this 6th day of October, 2026, Approved this 6th day of October, 2026. _________________________________________ Mayor Jim Paine Attest: ___________________________________ Heidi Blunt, City Clerk HUMAN RESOURCES COMMITTEE – 9/28/2026 Mtg Page 1 of 2 HUMAN RESOURCES COMMITTEE Meeting Minutes Monday, September 28, 2026 Regular Meeting The meeting was called to order by Councilor Sweeney at 5:00 p.m. on September 28, 2026, in room 204 of the Government Center. 1 ROLL CALL MEMBERS PRESENT: Jack Sweeney, Lindsey Graskey, Garner Moffat, Karly Caven (alternate) CITY STAFF PRESENT: Deb Williams, Beth Archer, Trish Lough, Dan Shea, Bob Zimmerman, Paul Winterscheidt, and Bridgit Maruska. Virtually: Cam Vollbrecht, Bradley Jago, Mary Osborne and Heidi Blunt OTHERS PRESENT: Shelley Nelson 2 APPROVAL OF MINUTES 2.1 Human Resources Committee (Meeting held August 18, 2026) MOTION by Moffat, seconded by Graskey. Motion carried. *Recommendation made by Sweeney to rearrange the order of the meeting and to discuss new business items before the old business items. MOTION by Moffat, seconded by Graskey. Motion carried 4 NEW BUSINESS 4.1 Request to approve the updated job description for ESD Laboratory Supervisor MOTION by Graskey, seconded by Moffat. Motion carried. 4.2 Request to reclassify IT System Analyst position from pay grade I to pay grade J MOTION by Graskey, seconded by Moffat. Motion carried. 4.3 Request to extend Denise Mc Donald’s temporary employment with Parks, Recreation, and Forestry Department MOTION by Graskey, seconded by Moffat. Motion carried. HUMAN RESOURCES COMMITTEE – 9/28/2026 Mtg Page 2 of 2 Bridgit Maruska and Dan Shea left at 5:10pm. 3 OLD BUSINESS 3.1 Approve request to adjust the wage placement of all Police Sergeants currently assigned to Grade K of the non-union pay plan. (held from the August HRC meeting) MOTION by Graskey, seconded by Sweeney, to move sergeants to Step 8 of Grade K, effective July 1, 2026. Motion carried. Heidi Blunt left at 5:31pm. Mary Osborne left at 5:41pm. Bradley Jago left at 5:43pm. 3.2 Approve request to adjust the wage placement of all Battalion Chiefs to Grade M and the Assistant Fire Chief to Grade O, effective October 1, 2026. (held from the July HRC meeting) MOTION by Graskey, seconded by Moffat to hold in committee until October. Motion carried. 5 RECURRING BUSINESS 5.1 Receive and file: Monthly personnel report for August 2026. The Committee received and filed. 5.2 Human Resources updates. 6 ADJOURNMENT The meeting was adjourned at 6:01pm. ___________________________________________________________________________________________ Respectfully submitted by Trish Lough PUBLIC WORKS COMMITTEE – 10/01/2026 Meeting (Meets monthly on 1st Thursday at 5 p.m.) Page 1 of 6 *Attended virtually PUBLIC WORKS COMMITTEE MINUTES October 1, 2026 Regular Meeting The meeting was called to order by Councilor Ledin at 5:00 p.m. on October 1, 2026, in Government Center Room 204. COMMITTEE MEMBERS: Nick Ledin, Garner Moffat, Tylor Elm, Joe Radtke (alt.) 1. ROLL CALL Members Present: Nick Ledin, Garner Moffat, Tylor Elm, Joe Radtke City Staff Present: Chris Carlson, Kara Czapinski, Jim Paine, Dave Pollock, Frog Prell Mary Osborne, Steve Roberts*, Justin Bernacki* Others Present: Shelley Nelson, Bill Fennesssey, Mick MacKenzie, Logan McInnis*, Ryan M. *, Jane Landretti*, Dan Walker*, Brian Wallin*, Jenny Van Sickle* 2. APPROVAL OF MINUTES 2.1. Public Works Committee (Meeting held August 6, 2026) MOTION by Elm, second by Moffat and carried to approve the minutes from August 6, 2026. 3. OLD BUSINESS 3.1. Presentation on similar contested acquisition of water utility. Logan McInnis, the Deputy Public Works Director for Utilities, gave a presentation summarizing the City of Missoula’s acquisition of their water utility. He detailed that Mountain Water was privately owned until its acquisition by the City of Missoula through condemnation in June 2017. This acquisition involved a necessity trial, a distinct valuation process, appeals to the Montana Supreme Court, and culminated in a final cost of approximately $106 million. Post-acquisition, Missoula significantly increased its annual main-replacement budget from around $2–3 million to $8–10 million, investing about $46 million over nine years. As a result, leakage rates decreased by approximately 30% starting in 2021, alongside the implementation of automated metering, acoustic leak detection, customer repair loans up to $10,000, rebates of up to $3,000, and the establishment of an in- house repair crew. The average rate increase for Missoula after the acquisition was about 3.5%, including years without increases, in contrast to previous private utility increases of 5% or more. The City financed the acquisition and associated legal costs through revenue bonds, lower-cost state revolving-fund financing, and utility revenues. Most employees from Mountain Water transitioned to City employment, with around 40 retained, while senior management, a newly hired accountant, and a water-rights attorney were not offered positions. Service remained uninterrupted, as City staff managed benefits, human resources, and transition planning. Staffing levels were largely maintained, with some roles reassigned to focus on leak detection and other efficiencies realized through shared City services. Mayor Paine noted that the referendum process in Superior differs from Montana’s court-based necessity proceedings, yet both require a compelling public- PUBLIC WORKS COMMITTEE – 10/01/2026 Meeting (Meets monthly on 1st Thursday at 5 p.m.) Page 2 of 6 *Attended virtually interest justification and transparent preparation of costs, budgets, financing, and operational plans. Jenny Van Sickle joined the meeting virtually at 5:48 p.m. Logan McInnis left the meeting virtually at 5:56 p.m. 3.2 Recommendation to amend the water utility acquisition referendum question to the following: “Should the City of Superior acquire the water utility operated by Superior Water, Light & Power to become community-owned, if its value, as determined by the Wisconsin Public Service Commission, falls within the City’s financial means?” The proposed referendum question names the City of Superior and Superior Water, Light and Power. It emphasizes the principle of community ownership while recognizing that any acquisition must align with the financial assessments made by the Wisconsin Public Service Commission. Committee members favored the term "acquire," as it aligns with existing statute language. There was a debate regarding the use of "community owned" versus "city owned," with Mayor Paine advocating for "community owned" to better reflect public ownership without complicating municipal terminology. Additionally, the timeline for publication was addressed, indicating that due to the timing of Council approval relative to newspaper deadlines, the revised question would be published the following week and would be up for final adoption at a subsequent Council meeting in November. MOTION by Elm, second by Ledin and carried to amend the water utility acquisition referendum question to the following: “Should the City of Superior acquire the water utility operated by Superior Water, Light & Power to become community-owned, if its value, as determined by the Wisconsin Public Service Commission, falls within the City’s financial means?” Frog Prell, Mary Osborne, and Bill Fennesssey left the meeting at 6:12 p.m. 4. NEW BUSINESS 4.1. Recommendation to secure memberships in APPA, MEUW, APGA, and WIAWWA/WIWARN to support utility acquisition planning. Annual membership dues are estimated at $4,930.00. Councilor Moffat articulated that the suggested memberships would facilitate essential preparatory work for a potential acquisition, encompassing areas such as business planning, financing arrangements, human resources strategies, job descriptions, and budgeting, all of which must be executed promptly following a PSC valuation. These organizations offer a range of resources, including conferences, training sessions, newsletters, peer networking opportunities, legal and technical contacts, standardized annual materials, model job descriptions, and case studies from municipalities that successfully manage public utilities. Additionally, the Wisconsin Water and Wastewater Response Organization could be beneficial for wastewater personnel, assuming the City is not already a member. Mayor PUBLIC WORKS COMMITTEE – 10/01/2026 Meeting (Meets monthly on 1st Thursday at 5 p.m.) Page 3 of 6 *Attended virtually Paine noted that the City possesses an unutilized segment of its budget allocated for general publications, subscriptions, and dues, which can accommodate the projected cost of $4,930. The memberships would serve as a resource at the City level, rather than being limited to Public Works or individual Councilor memberships. The committee expressed support for reviewing the memberships after approximately one year to assess which organizations deliver adequate value for ongoing participation. MOTION by Moffat, second by Ledin and carried to secure memberships in APPA, MEUW, APGA, and WIAWWA/WIWARN to support utility acquisition planning. Annual membership dues are estimated at $4,930.00. Mayor Paine left the meeting at 6:18 p.m. Jenny Van Sickle, Jane Landretti, and Ryan M. left the meeting virtually at 6:22 p.m. 4.2. Recommendation to award the Nemadji Golf Course Irrigation Construction Phase Contract to Mid-America Golf and Landscape, Inc., in an amount not to exceed $3,878,026.42. The current irrigation system, which has been in place for around 40 years, is characterized by inefficiency, high labor demands, and increasing maintenance challenges. Staff members have indicated that over 200 sprinkler heads require manual operation, and the aging infrastructure has struggled to adequately irrigate greens and tee boxes during periods of drought. Dan Walker noted that the construction phase will necessitate the closure of nine holes at a time, with an anticipated completion within one year. Despite this disruption, the course will maintain an 18-hole and a nine-hole option, allowing for the continuation of most nine-hole leagues, tournaments, fundraisers, season-pass holders, and public play, although a decline in revenue is anticipated during the construction period. This project is part of a previously approved capital plan amounting to approximately $4 million. Staff emphasized that Nemadji generates revenue for the City, and the proceeds from the course are expected to aid in the repayment of the associated financial obligations over time, with the Finance department overseeing the repayment structure. The course plays a vital role in supporting youth activities, tournaments, tourism, and local economic development. The new irrigation system will incorporate advanced software and more accurate controls, which will minimize watering in unintended areas and enhance water-use efficiency. Staff anticipates that the upgraded system will not only improve turf quality but also yield noticeable benefits during drought conditions, thereby reducing reliance on potable water when onsite ponds are inadequate. Brian Wallin reported that staff currently dedicates approximately 450 to 500 hours annually to the manual operation of sprinkler heads. The implementation of the new system is projected to decrease this labor by around 85%, freeing up approximately 400 hours for other maintenance tasks on the golf course. Mid-America Golf and Landscape submitted the most competitive bid among specialized firms, possesses significant experience in golf irrigation within the Midwest, and met the necessary project qualifications. MOTION by Ledin, second by Moffat and carried to award the Nemadji Golf Course Irrigation Construction Phase Contract to Mid-America Golf and Landscape, Inc., in an amount not to exceed $3,878,026.42. PUBLIC WORKS COMMITTEE – 10/01/2026 Meeting (Meets monthly on 1st Thursday at 5 p.m.) Page 4 of 6 *Attended virtually Mick MacKenzie left the meeting at 6:27 p.m. Dan Walker and Brian Wallin left the meeting virtually at 6:36 p.m. 4.3. Recommendation to purchase two Flygt Model 3171 pumps for Lift Station 6 and the Sanitary Sewer Station in Allouez from Electric Pump in an amount not to exceed $97,776.00. Director Roberts indicated that the current pumps, installed in 2004, have consistently operated at or near their full capacity. Following one completed rebuild, it has been determined that the pumps are no longer viable for further refurbishment. The new pumps will possess slightly greater power to meet contemporary sizing standards, which necessitate capacity calculations with one pump out of service. By replacing two pumps, the necessary firm capacity will be achieved while still retaining the third existing pump. Roberts noted that two pumps handle the majority of routine operations, whereas the third pump, located in a storage basin and kept elevated and dry, is utilized only during non-freezing periods. Although replacing all three pumps would enhance system robustness, it would not significantly increase flow and would incur an additional cost of approximately $50,000. MOTION by Moffat, second by Elm and carried to approve the purchase of two Flygt Model 3171 pumps for Lift Station 6 and the Sanitary Sewer Station in Allouez from Electric Pump in an amount not to exceed $97,776.00. 4.4. Recommendation to approve Amendment No. 3 for Phase III Professional Services for the Blatnik Bridge Sanitary Sewer Relocation with Short Elliott Hendrickson, Inc. in the amount of $117,970.00. Dave Pollock clarified that SEH will act as the technical representative for the City while the Ames-Kramer joint venture assesses and possibly alters the submitted design. This arrangement allows the contractor to engage directly with the City’s design team for inquiries related to modeling and other technical aspects. The committee inquired whether the amount of $117,970 indicated the City’s total expenditure or the sum eligible for reimbursement. Pollock responded that state law guarantees a minimum reimbursement of 90% from the Department of Transportation, and noted that the initial contract along with previous amendments had qualified for full reimbursement at 100%. MOTION by Elm, second by Moffat and carried to approve Amendment No. 3 for Phase III Professional Services for the Blatnik Bridge Sanitary Sewer Relocation with Short Elliott Hendrickson, Inc. in the amount of $117,970.00. PUBLIC WORKS COMMITTEE – 10/01/2026 Meeting (Meets monthly on 1st Thursday at 5 p.m.) Page 5 of 6 *Attended virtually 4.5. Recommendation to approve amendments to Chapter 112, Schedule E, Section 112-52(6), No Parking – Automated Garbage Removal Ordinance. Director Carlson highlighted that the presence of parked vehicles in certain alleys and roadways complicates or jeopardizes the safety of garbage trucks during collection. This situation may force trucks to reverse over considerable distances in narrow alleys, raising both operational and safety issues. The existing ordinance had not been revised since the garbage collection schedules were altered, prompting the need for an amendment to update the designated collection days and include newly identified problematic areas, such as those near Hammond Avenue. The parking restrictions will be enforced solely on the specified collection day, allowing parking on other days. Staff indicated that many locations already have signage in place, and upon approval, they will ensure that these signs are consistent with the updated ordinance. MOTION by Moffat, second by Elm and carried to approve amendments to Chapter 112, Schedule E, Section 112-52(6), No Parking – Automated Garbage Removal Ordinance. 4.6. Recommendation to approve an amendment to Ordinance O26-4427, Chapter 58, Article IV, Recyclable Waste Materials, Section 58-110(a)(1). After the Council's earlier approval of extensive ordinance modifications, the staff forwarded the revised ordinance to the Department of Natural Resources (DNR) for evaluation. The DNR pinpointed an extra provision that required adjustment to ensure compliance with state regulations. This amendment specifies further details concerning the necessary dimensions of recyclable containers, while maintaining the previously approved changes, with the newly requested language distinctly emphasized. MOTION by Elm, second by Moffat and carried to approve an amendment to Ordinance O26-4427, Chapter 58, Article IV, Recyclable Waste Materials, Section 58- 110(a)(1). 5. RECURRING BUSINESS 5.1 ESD Director’s Update – Received and Filed 5.2 Director Update 5.1.1 The ongoing Lead Line Project has successfully replaced 215 service lines within the designated area. While restoration efforts are still underway, the installation of new lines has alleviated the previous concerns regarding lead service lines for the affected residences. The Public Works Department is currently seeking qualifications from engineering consultants to design the upcoming project for the next year. Additionally, the City has submitted an application for state Safe Drinking Water funding, although it has yet to receive confirmation of an award or the allocation amount. The preliminary areas identified for this funding include sections of the North End and East End, with the selection of census tracts being influenced by the potential for obtaining principal forgiveness funding. PUBLIC WORKS COMMITTEE – 10/01/2026 Meeting (Meets monthly on 1st Thursday at 5 p.m.) Page 6 of 6 *Attended virtually 5.1.2 The Tower Avenue Project is nearing completion, with only minor tasks remaining, including line striping, pavement finishing, and adjustments to manhole covers. Staff have observed enhancements in pavement quality, traffic flow, and the safety of pedestrian crossings. 5.1.3 The city is in the process of installing new bus shelters that will include amenities such as roofs, solar lighting, bike racks, and a heater specifically at the Belknap transfer point. 5.3 Future Agenda Items 5.3.1 Future Landfill Closure Update 5.4 Confirm the next meeting date as November 5, 2026, at 5:00 p.m. in Room 204 of the Government Center. 6. ADJOURNMENT Councilor Ledin announced the meeting adjourned at 6:56 p.m. Respectfully submitted by Kara Czapinski R26-13892 A RESOLUTION AMENDING THE WATER UTILITY REFERENDUM QUESTION AND SPECIFYING THE METHOD OF PAYMENT FOR A WATER UTILITY WHEREAS, Superior Water, Light & Power, Company ("SWL&P"), a wholly owned subsidiary of ALLETE, Inc., operates a public water utility serving the City of Superior; and WHEREAS, the City of Superior has undertaken a study of the potential municipalization of the water utility and an appraisal of the cost, and deems it prudent to pursue its acquisition; and WHEREAS Wisconsin law requires that acquisition of the water utility be approved by a majority vote of the City of Superior residents at a referendum election; and, WHEREAS Wisconsin law requires the common council to specify the method of payment for the utility; and WHEREAS, the City’s Public Works Committee voted unanimously on August 6, 2026 to recommend that the question of the acquisition of the water utility be submitted to voters at the April 6, 2027, Spring Election; and WHEREAS, the City’s Public Works Committed voted unanimously on October 1, 2026 to amend the question of the acquisition; and WHEREAS, Wis. Stat. § 66.0803(1)(b) requires that a resolution be adopted by a majority of all of the members of the City Council at a regular meeting after publication at least one week previous in the official newspaper; and, WHEREAS, this resolution was published in the Superior Telegram at least one week prior to the regular meeting of the Superior City Council on October 20, 2026; and, NOW, THEREFORE, the Common Council of the City of Superior, Douglas County, Wisconsin, does hereby resolve that: 1. The following question shall be submitted to a referendum at the Spring Election to be held on April 6, 2027: “Should the City of Superior acquire the water utility operated by Superior Water, Light & Power to become community -owned, if its value, as determined by the Wisconsin Public Service Commission, falls within the City’s financial means?” 2. Upon receipt of the final cost to acquire the utility from the Public Service Commission, the City Council shall solicit the advice of the Mayor, City Finance Director, and any other R26-13892 Water Utility Referendum Page 2 of 2 financial and legal advice they deem necessary to determine whether the cost is within the City’s financial means. 3. The City will issue municipal general obligation bonds, municipal revenue bonds, or a combination of the two to pay for the acquisition of the utility. The debt service for these bonds shall be paid exclusively by future water utility rates and shall not be paid by the property tax levy. 4. The City Clerk shall issue a notice of referendum, which shall include a general statement of the plant and equipment that the City proposes to acquire from the Superior Water, Light & Power, Company, and a description of the manner of payment. Passed and adopted this 20th day of October, 2026. Approved this 20th day of October, 2026. ________________________________________ Mayor Attest: ____________________________________ City Clerk MEMORANDUM TO: City of Superior Public Works Committee FROM: Councilor Moffat DATE: September 29, 2026 SUBJECT: Authorization for Utility Association Memberships to Support Utility Acquisition Transition 1. EXECUTIVE SUMMARY As the City of Superior advances its evaluation and strategic planning for the acquisition of Superior Water, Light & Power (SWL&P) from ALLETE/BlackRock, establishing immediate operational capacity and regulatory credibility is paramount. This memo requests authorization to join four critical state and national utility associations. These memberships will immediately grant the City access to proprietary asset valuation toolkits, specialized municipal training tracks, valuable networking, and state-vetted safety compliance frameworks. Joining these organizations now provides the documented operational blueprint necessary to reassure the Public Service Commission of Wisconsin (PSC), satisfy labor concerns, and protect our residents. 2. STRATEGIC ALIGNMENT WITH EXISTING CITY UTILITIES Because Superior already successfully operates a multi-utility framework (Wastewater, Stormwater, Broadband, and the City Land fi ll), we are not building a back-o ffi ce administration from scratch. However, adding electric, natural gas, and water distribution introduces unique regulatory and fi eld operations. Joining these associations allows the City to seamlessly scale its existing administrative footprint into a uni fi ed, e ffi cient public works engine. 3. RECOMMENDED ASSOCIATIONS & TARGET BENEFITS ● American Public Power Association (APPA) ○ Primary Value: Access to the national Municipalization Toolkit, which includes historical data on investor-owned utility acquisitions, legal frameworks, and community education templates. ○ Target Personnel: Public Works Committee, City Legal, and Executive Leadership. ● Municipal Electric Utilities of Wisconsin (MEUW) ○ Primary Value: Direct access to the state-recognized Job Training & Safety (JT&S) Program and the Fundamentals of Utility Management certi fi cation track. This provides immediate proof that frontline safety protocols will be strictly maintained under city management. ○ Target Personnel: Public Works Director, Safety Coordinators, and Engineering Staff. ● American Public Gas Association (APGA) ○ Primary Value: Operational compliance blueprints for federal and state Distribution Integrity Management Programs (DIMP), which are legally required to operate the existing natural gas pipeline footprint safely. ○ Target Personnel: Environmental Compliance O ffi cers and Pipeline Supervisors. ● Wisconsin Section of the American Water Works Association (WIAWWA) & WIWARN ○ Primary Value: Direct access to a peer network of mid-to-large municipal utilities (such as Green Bay, Eau Claire, and Madison) handling complex surface-water treatment, asset valuations, and scaled infrastructure. Membership provides immediate integration into WIWARN (Wisconsin Water/Wastewater Agency Response Network), establishing a pre-negotiated mutual aid agreement. This ensures that on Day 1, Superior can draw on emergency parts, heavy equipment, and certi fi ed operators from matching municipal systems statewide, neutralizing any public or union concern over operational isolation. ○ Target Personnel: Water and Wastewater Superintendents, Public Works Engineers, and Finance Dept Staff. 4. FISCAL IMPACT & FUNDING MECHANISM ● Initial Funding: The initial membership dues will be funded via the City's existing utility planning or general contingency reserves. ● Long-Term Funding Model: Upon successful acquisition or upon enterprise fund creation, all ongoing annual association dues will be absorbed directly into the operating budgets of the respective Electric, Gas, and Water Utility Enterprise Funds. ● Taxpayer Protection: These expenses will be entirely supported by utility rate revenues, ensuring zero long-term impact on general property tax levies. 5. PROPOSED MEMBERSHIP COST TRACKING Organization Scope Covered Immediate Deliverable for Transition Annual Dues APPA National Electric / Legal Municipalization & Asset Valuation Guides $1075. MEUW State Electric / Safety JT&S Safety Framework & Management Training $450. APGA National Gas / Safety Pipeline Integrity (DIMP) Compliance Templates $1025. WIAWWA / WIWARN State Water / Infrastructure & Mutual Aid Mid-Size System Operational Blueprints & Immediate Emergency Mutual Aid Network $2380. TOTAL $4930. 6. RECOMMENDATION Council Member Moffat recommends that the Public Works Committee approve the execution of these memberships and authorize the allocation of transition funds to cover the initial dues. Because WIAWWA covers wastewater as well, their enterprise reserve may be a funding source for the $2380. This proactive step secures the technical expertise required for operational planning, to verify asset valuations, and protect the city's fi nancial exposure during the PSC review process. ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ ▪ Join the 4,000 utilities that trust AWWA to help deliver safe, reliable water. Stronger Utilities. Safer Water. 2026 Utility MembershipUtility Membership The American Water Works Association (AWWA) is an international, nonprofit, scientific, and educational association dedicated to a better world through better water. Our mission at AWWA is to advance the science and education of water management solutions globally, offering resources, standards, and professional development to water professionals worldwide. Our goal is to improve water services and ensure access to safe, clean water for future generations. 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Background The City owned Nemadji Golf Course is a 4-Star Golf Digest golf facility. It includes 36 holes with putting greens, chipping greens, full driving range and a three-hole par-3 practice course. The golf course was constructed in 1932. The current irrigation system was installed in 1989. This project will upgrade the existing irrigation system from an inefficient, unreliable, high maintenance, manual system to a new automatic system. The new irrigation system will include improving all 36 holes. The design phase of the project has been completed by EC Design Group. The irrigation construction phase RFP was advertised on July 18, 2026, with bids due September 1, 2026. Due to the specialized nature of the work, to be eligible to bid the project, contractors were required to have engaged in irrigation installation work for at least twelve years. We received three bids: Mid-America Golf and Landscape $3,878,026.42 Duininck Golf $4,511,061.00 Commercial Irrigation $4,236,354.00 Mid-America submitted the lowest cost bid. Their bid was reviewed and determined to be complete. Public Works Department 1316 North 14th Street, 2nd Floor Superior, WI 54880 Web site: www.superiorwi.gov Phone: (715) 395-7334 Fax: (715) 395-7346 TTY: (715) 395-7521 2 | P a g e Budget Source This project is funded by a general obligation bond previously budgeted and approved by Council. Recommendation I am recommending that the City Council award to Mid-America Golf and Landscape, Inc. for the Nemadji Golf Course irrigation construction phase in the amount not to exceed three million, eight hundred seventy-eight thousand, twenty-six dollars and forty-two cents ($3,878,026.42). Approved: _____________________________ ____________________ Jim Paine, Mayor Date Denied: ________________________________ ____________________ Jim Paine, Mayor Date CONTRACT VOLUME & BIDDING DOCUMENT- 2026 Nemadji Golf Course Automatic Irrigation Improvement Project CITY OF SUPERIOR, WISCONSIN Chris Carlson Public Works Director Bid #26-23-PW Nemadji Golf Course 2 Table of Contents 1. ADVERTISEMENT TO BID ............................................................................................ 3 2. INSTRUCTIONS TO BIDDERS ...................................................................................... 4 3. BID PROPOSAL ............................................................................................................... 8 4. SUBCONTRACTORS AND SUPPLIERS LISTING ...................................................... 9 5. ADDENDA ACKNOWLEDGMENT ............................................................................. 10 6. BID BOND ...................................................................................................................... 11 7. BIDDER'S PROOF OF RESPONSIBILITY ................................................................... 12 8. AFFIDAVIT OF ORGANIZATION AND AUTHORITY ............................................. 14 9. AFFIDAVIT OF COMPLIANCE ................................................................................... 15 10. CONTRACT .................................................................................................................... 19 11. PERFORMANCE AND PAYMENT BOND .................................................................. 22 12. GENERAL SPECIFICATIONS ...................................................................................... 24 13. ENGINEER CERTIFICATION ....................................................................................... 32 14. SPECIAL PROVISIONS .................................................................................................. 33 15. CONTRACT CHANGE ORDER ..................................................................................... 34 Project Plan Set and Specifications are downloadable from this link: https://spaces.hightail.com/space/0UxekV7Xex Nemadji Golf Course 3 1. ADVERTISEMENT TO BID Nemadji Golf Course Automatic Irrigation Improvement Project Sealed bids will be received by the City of Superior, Attn: Contract Analyst, at 1316 North 14th Street - 2nd Floor, Suite 200, Superior, WI 54880. Bids will be publicly opened and read aloud in the City offices as follows: Bid Opening: September 1, 2026, at 2:00 PM CST Bid Project: The City of Superior, Wisconsin is seeking bids from qualified contractors for the irrigation improvement project at the City owned Nemadji Golf Course, located at 5 North 58th Street, Superior, WI, according to the plans and specifications. This project is to be completed by November 30, 2027. All bids must be prepared on the forms provided and submitted in accordance to the Instructions to Bidder. Specifications may be obtained through the internet at www.DemandStar.com. Bidding documents may be viewed at the City of Superior, 1316 North 14th Street - 2nd Floor, Superior, Wisconsin (darwinj@superiorwi.gov), at the Minnesota Builders Exchange (mbex.org), Builders Exchange of Wisconsin (bxwi.com), Northwest Regional Builders Exchange (nwrbx.com), and LaCrosse Builders Exchange (laxbx.com). The contractor shall submit a list of its subcontractors as a part of its proposal, which list shall not be added to or altered without the written consent of the City of Superior, and as specified in 66.0901 Wisconsin Statutes. The City of Superior encourages the participation of women and minority owned businesses. The City of Superior reserves the right to reject any or all bids, to waive irregularities, or to accept such bids, as in the opinion of the City, will be in its best interests. Chris Carlson Public Works Director Daily Telegram: Friday, July 18, 2026, and Friday, July 25, 2026 Nemadji Golf Course 4 2. INSTRUCTIONS TO BIDDERS 2.1 Questions regarding this bid may be directed to the City of Superior as follows: Project specifications: Erik Christiansen, EC Design Group, erik@ecdesigngroup.com. Bidding documents: Jane Darwin, Contract Analyst, darwinj@superiorwi.gov. 2.2 Method of Bidding: The only acceptable method of bidding a contract with the City of Superior, Wisconsin, is described as follows and must be strictly complied with. The City of Superior reserves the right to determine the low Bidder on the basis of the Base Bid alone or the Base Bid plus any alternates or combinations of alternates, at the City’s discretion. 2.3 Bid Packet Components: Each item listed must be included with the bid submission: a) Bidders must file a PROPOSAL OR BID on the form the City has prepared. (See BID INSTRUCTIONS – PART 2 OF SPECIFICATIONS.) b) Bidders shall be required to submit a list of SUBCONTRACTORS AND SUPPLIERS with their proposal in accordance with Section 66.0901(7), Wisconsin Statutes, and subsequent amendments. Such list shall not be added to nor altered without the written consent of the City of Superior. (See SUBCONTRACTORS AND SUPPLIERS LISTING Section 4.) c) Bidders shall be required to submit an ADDENDA ACKNOWLEDGMENT with their proposal. Such acknowledgment shall note acknowledgment of receipt of any and all addenda. If no addenda were issued, the bidder shall so indicate and sign document. (See ADDENDA ACKNOWLEDGMENT Section 5.) d) The bidder must file, at the time of the opening of the bids, either a BID BOND or a certified check in the amount of at least five percent (5%) of the total bid, conditioned that if the bidder is successful bidder will, within the time allotted by the City, file a properly executed contract and performance bond as per Wisconsin Statutes 62.15(3). (See BID BOND Section 6.) e) The bid proposal must have attached to it the BIDDER’S PROOF OF RESPONSIBILITY identifying the bidder’s qualifications. (See BIDDER’S PROOF OF RESPONSIBILITY Section 7.). Prospective bidders are required to furnish a statement of financial ability, equipment and experience in the work prescribed in said public contract in accordance with the provisions of Section 66.0901(2) of the Wisconsin Statutes at the time of the opening of the bids. The object of the questionnaire and the pre-qualification of bidders are to enable the City to have sufficient information regarding financial ability, equipment and experience in order to reduce the hazards involved in awarding contracts to parties not qualified to perform them and to select those contractors qualified to properly complete the work proposed. f) The bid proposal must have attached to it the AFFIDAVIT OF ORGANIZATION AND AUTHORITY identifying a corporation, partnership or sole trader. The affidavit Nemadji Golf Course 5 must contain a sworn statement that the bidder has examined and carefully prepared the proposal from the plans and specifications and has checked the same in detail per Section 66.0901 (7), Wisconsin Statutes. (See AFFIDAVIT OF ORGANIZATION & AUTHORITY Section 8.) g) The bid proposal must have attached to it the AFFIDAVIT OF COMPLIANCE swearing the compliance with the criteria set forth in the Responsible Contractor Criteria in the City Code of Ordinances, Chapter 2, Article XII from the Contractor and all sub- contractors. (See AFFIDAVIT OF COMPLIANCE Section 8). h) The bid proposal packet shall be placed in an envelope and shall be sealed. ON THE ENVELOPE SHALL BE, plainly written: the date of the bid opening, the title of the project and the name of the bidder. Such envelope shall be addressed and delivered to: The City of Superior, 1316 North 14th Street - 2nd Floor, Suite 200, Attn: Contract Analyst, Superior, Wisconsin, before the time and date specified for opening bids as listed on the Advertisement to Bid. i) Wisconsin’s Public Records Law creates a statutory presumption in favor of complete access to public records and the City of Superior endeavors always to conduct its municipal affairs in strict compliance with Wisconsin Statutes §§ 19.31-19.39. Any entities or individuals who submit materials to the City of Superior in response to this request should avoid submittal of any proprietary information. 2.4 Work Site and Contract Document Examination: Bidders must satisfy themselves, by examination of the contract documents, the work site and the conditions and obstacles to be encountered in the field, and by such other means as may be necessary, as to the accuracy of the schedule of quantities of the work to be done and the intent of said contract documents. After the submission of the proposal, no complaint or claim that there was any misunderstanding as to the quantities, conditions or nature of the work will be entertained and no extra compensation shall be allowed by reason of any matter or thing concerning which such bidder might have informed himself prior to the bidding. Upon award of bid, the Contractor must execute the required Performance and Payment Bonds in the total amount of the bid. (see PERFORMANCE AND PAYMENT BOND Section 11.) 2.5 Time of Performance: When not otherwise specified, the bidder must state in the proposal, the least number of calendar days (counting weekends and holidays), after date to commence work given in the Notice to Proceed, in which bidder will start construction and the number of calendar days (counting weekends and holidays), after date to commence work given in the Notice to Proceed, in which bidder will fully complete the work as specified. The bidder should make allowance for all probable difficulties which may be encountered. In the event of failure completing the work within the time stated or otherwise specified, liquidated damages will be assessed as provided in the Nemadji Golf Course 6 specifications. 2.6 Quantities: The estimated quantities of the work are the result of careful calculations but are not to be considered as final. Such estimates will be used as a basis for determining the lowest bidder. After the contract is awarded, the quantity of work listed under any item, or all items, may be increased or decreased according to the specifications at the discretion of the City of Superior without in any way invalidating the bid price (see CONTRACT CHANGE ORDER Section 15). 2.7 Bid Prices: Bidders must submit a bid price, in accordance with the specifications, for each item of the job or branch, in compliance with the bidding units specified for the quantities listed in the proposal. Totals must be shown based on unit cost and quantity. In case figures do not match, the figure resulting in the lower price shall be deemed the price intended and applicable. 2.8 Inadequacies and Omissions: The City of Superior will not be responsible for verbal information or statements made by representatives of the Engineering Department, or any other department for which work will be performed. Bidders shall bring any inadequacies, omissions or conflicts to the attention of the City of Superior before the due date for bids. Prompt written clarification will be immediately supplied to all bidders by Addenda before the due date for bids and each Addendum shall be acknowledged on the Addenda Acknowledgment form. Failure to so request clarification of any inadequacy, omission or conflict will not relieve the Contractor of responsibility. 2.9 No Double Bidding: Two (2) or more proposals under different names will not be accepted from one firm or association. 2.10 Partial Bidding: Bidders must quote on all items appearing on the bid forms unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items, unless specifically exempted as set forth above, shall disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. 2.11 Right of Waiver or Rejection: The City reserves the right to reject any or all bids or waive any defects found in bids or proposals submitted. 2.12 Wage Rates: This Project is not subject to Prevailing Wage Rates. 2.13 Pre-Bid Conference: Wednesday, August 12, 2026, at 10:00 AM CST. Virtual only. Microsoft Teams meeting Join: https://teams.microsoft.com/meet/24787686205637?p=xUV8ndBtRwUQarunfI Meeting ID: 247 876 862 056 37 Passcode: eY2bk3tA Dial in by phone +1 872-242-8028,,281234310# United States, Chicago Nemadji Golf Course 7 Find a local number Phone conference ID: 281 234 310# Deadline for questions is August 17, 2026, at 12:00 PM CST. All questions should be emailed to the contacts in Section 2.1. The final addendum(s) will be issued by August 20, 2026. To schedule an on-site visit, please contact: Brian Wallin, Nemadji Golf Course, at (218)393-8596 or bwallin@kempersports.com. An on-site visit is not required. 2.14 Contract Documents: Upon award of the bid the contract documents will consist of the Advertisement to Bid, Instructions to Bidders, Bid Proposal, Subcontractors & Suppliers Listing, Addenda Acknowledgment, Bid Bond, Bidder's Proof of Responsibility, Affidavit of Organization & Authority, Contract, Affidavit of Compliance(s), Performance and Payment Bond, Certificate of Insurance as required, General Specifications, Special Provisions, Plan Set, Specifications, and include all other herein bound attachments and modifications thereof incorporated in the documents as prepared by the City of Superior. Nemadji Golf Course 8 3. BID PROPOSAL Nemadji Golf Course Automatic Irrigation Improvement Project Date City of Superior, Wisconsin I/we, the undersigned, being familiar with your local conditions, having made a field inspection and investigation that I/we deemed necessary, having studied the plans and specifications for the work and being familiar with all the factors and other conditions affecting the work, are hereto attaching the following documents: 1. Bid Form (see Part 2 – Bid Instructions and Bid Form in the specifications section) 2. Subcontractors & Suppliers List (see Section 4.) 3. Addenda Acknowledgment (see Section 5.) 4. Certified check or bid bond equal to five percent (5%) of the total amount bid. (Make check payable to: City of Superior, Wisconsin- see Section 6.) 5. Bidder's Proof of Responsibility (see Section 7.) 6. Affidavit of Organization & Authority (see Section 8.) 7. Affidavit of Compliance (see Section 9.) 8/31/2026 Nemadji Golf Course 9 4. SUBCONTRACTORS AND SUPPLIERS LISTING - Must be submitted with Bid. Nemadji Golf Course Automatic Irrigation Improvement Project 4.1 The undersigned agrees to employ the following listed subcontractors for the following enumerated classes of work and not to alter or add to such list without the written consent of the City of Superior, WI as per Wisconsin Statutes 66.0901 (7). (Use separate sheet as necessary.) SUBCONTRACTOR CLASS OF WORK 1) 2) 3) 4) 5) 4.2 Following is a list of suppliers to be used on the above listed project. (Use separate sheet as necessary.) SUPPLIER TYPE OF SUPPLY 1) 2) 3) 4) 5) Number of years of experience or additional details of subcontractors, supplier or product may be requested for projects as deemed necessary by the City. Submitted by: COMPANY ADDRESS COMPANY REPRESENTATIVE Mid-America Golf and Landscape, Inc. 1803 SW Jefferson St., Lee's Summit, MO 64081 Kirk Grego NONE NOT APPLICABLE MTI DISTRBUTING TORO / IRRIGATION AQUAFUSE LATERAL VALVES CMFGLOBAL HDPE PIPE Nemadji Golf Course 10 5. ADDENDA ACKNOWLEDGMENT (Must be submitted with Bid) Nemadji Golf Course Automatic Irrigation Improvement Project I/we hereby acknowledge receipt of the following addenda(s): Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated I/we further certify that no agreement has been entered into to prevent competition for said work and that I/we carefully examined the site where the work is to take place, and the plans, specifications, form of contract, bond and all other contract documents. I/we further agree to enter into the contract, as provided in the contract documents, under all the terms, conditions and requirements of those documents. * If no addenda were issued, the bidder shall so indicate and sign this document. ________________________________________ Company Representative Signature Date 1 8/24/2026 Mid-America Golf and Landscape, Inc. 8/31/2026 Kirk Grego Nemadji Golf Course 12 7. BIDDER'S PROOF OF RESPONSIBILITY (Must be submitted with Bid) Wisconsin Statutes Section 66.0901 (2) requires anyone submitting a bid to complete a sworn statement consisting of information relating to the financial ability, equipment, experience in the work prescribed in the public contract, and other matters that the municipality requires. The City of Superior shall properly evaluate the statement and shall find the maker of the statement either qualified or unqualified. If the City is not satisfied with the sufficiency of the answers to the questionnaire and financial statement, it may reject the bid or disregard the same or require additional information. The contents shall be confidential and may not be disclosed except upon the written order of the person furnishing the statement, for necessary use by the public body in qualifying the person, or in cases of actions against, or by, the person or municipality. 1. Name of bidder:________________________________________________ 2. Bidder's address:_______________________________________________ 3. When organized:______________________________________________ 4. Where incorporated:____________________________________________ 5. How many years have you been engaged in the contracting business under the present firm name:______________________________________________ 6. Have you ever failed to complete any work awarded to you? No______ Yes______ (If yes, please explain) 7. Have you ever defaulted on a contract? No ______ Yes______ (If yes, please explain.) 8. Have you ever been sued for services you provided? No ______ Yes ______ (If yes, please explain.) 9. In the past three years, has your organization had at least a 25% interest, or has another corporation, partnership or other business entity operating in the construction industry controlled it? No______ Yes______ (If yes, please attach a statement explaining the nature of the relationship.) 10. Has your or the controlling company ever been charged with or convicted of a violation of any wage schedule? (Section 66.0903 (12) d Wis Stats) No______ Yes______ (If yes, please provide details, date, claimant, particulars of each instance.) 11. Has the applicant, any of its owners, a subsidiary or corporate parent, or any officer or director thereof; been convicted in the last three years of violating Section 133.01, Wisconsin Statutes (Unlawful Contracts; Conspiracies)? No_______ Yes_______ (If yes, please provide details, date claimant, particulars of each incident, etc.) 12. Does your firm have a substance abuse policy that complies with Section 103.503 Wisconsin Statutes? No______ Yes______ 13. Does your firm possess all valid licenses, registrations and certifications required by federal, state, county or city law necessary for the work it seeks to perform? No______ Yes______ 14. Has your organization had any type of business, contracting or trade license, certification or registration revoked or suspended in the last three years? No_____ Yes_____ (If yes, please explain.) Mid-America Golf and Landscape, Inc. 1803 SW Jefferson St., Lee's Summit, MO 64081 March 1993 Missouri 33 Years X X X X X X X X X 15. Does your organization meet all bonding requirements as required by applicable law? No ___ Yes X 16. Attach a list of the largest contracts completed by your firm, including kind of work and approximate cost. See Attached Project List 17. Attach a statement of background and experience of the principal members of your personnel, including your officers. See Attach Team 18. Name, address and telephone numbers of a minimum of two (2) references of others whom you have performed similar work/services to in the past five (5) years. See Attached Project List 19. Credit references - attach as applicable See attached Bank Reference Letter 20. Financial (net worth in excess of): $ _______________ 21. Additional information may be submitted if desired. Attach separate sheets as necessary. Company Name Mid-America Golf and Landscape. Inc. _ I, the below signed, attest all answers to the foregoing questions and all statements contained are true and correct. Authorized Signature __________________________ _ PRINT signature name and title_K_i_r_k_G_re_.g�o_,�P_re_s_i_d_e_n_t ___________ _ Su • e me, t=----,-r,-�--,--2026 Nemadji Golf Course 13 NET WORTH AMOUNT COMENSURATE UPON AWARD Nemadji Golf Course 14 8. AFFIDAVIT OF ORGANIZATION AND AUTHORITY (Must be submitted with Bid) STATE OF ) ) SS COUNTY OF ) being duly sworn on oath deposes and states that the bidder on the attached bid proposal is organized as indicated below and that all statements herein made are made on behalf of such bidder and that this deponent is authorized to make them. Complete Applicable Paragraphs: 1. CORPORATION The bidder is a corporation organized and existing under the laws of the State of , its president is , its secretary is , and it does (does not) have a Corporate Seal. The president is authorized to sign construction contracts and bids for the company by action of its board of directors taken a certified copy of which is hereto attached. (Strike out last sentence if not applicable.) 2. PARTNERSHIP The bidder is a partnership consisting of and partners doing business under the name of: 3. SOLE TRADER The bidder is an individual and if operating under a trade name, such trade name is: 4. LIMITED LIABILITY COMPANY The undersigned is the _____________ (title) of ______________________, a Limited Liability Company organized and operated under the laws of the State of ___________________. 5. ADDRESS The business address and phone number of bidder is: 6. STATUTORY SWORN STATEMENT also deposes and states that he has examined and carefully prepared this bid proposal from the plans and specifications and has checked the same in detail before submitting this proposal or bid, and that the statements contained herein are true and correct. (Authorized Signature) Subscribed and sworn to before me, this day of 2026 Notary Public County of My Commission Expires Missouri Jackson Kirk Grego Missouri Kirk Grego Tyler Hellmuth 1803 SW Jefferson St., Lee's Summit, MO 64081 / 816-524-0010 Kirk Grego 31st Kristi Swope Jackson 11/27/26 August Nemadji Golf Course Irrigation Specifications 07/1/2026 6 PART 2 - BID INSTRUCTIONS 2.1 NEMADJI GOLF COURSE BID FORM 1. Part 2 – Bid Instructions to be completed and submitted as bid. A. BIDS DUE: See Advertisement to Bid B. Installation Dates: Irrigation pump station installation shall commence Fall of 2026 after pond has been dewatered; remaining irrigation equipment with connection to new pump station shall commence the following Spring of 2027 – (See TIME OF PERFORMANCE Section 2) . Club will allow 9 -holes to be closed during irrigation installation; said nine holes shall be of same sequence (i.e. – West 9, East 9, etc) as defined by club staff. Weather days shall be granted if working conditions caused by weather and/or acts of nature prohibit the work specified during the scheduled times. Weather days shall only be added to the schedule if approved by the Owner and/or the Owner’s Representative . Weather days must be documented on each application for payment or they will not be granted. Furthermore, no weather days will be allowed for addition to completion date unless prior approval has been granted. C. THE UNDERSIGNED BIDDER declares that he has examined the Drawings, Specifications and Contract Documents attached hereto, the location of the proposed work to be done, the conditions affecting the work, and is fully advised as to the extent and character o f the work hazards, labor, transportation and all other factors which apply. D. THE UNDERSIGNED FURTHER DECLARES that he has been regularly engaged in irrigation installation work for at least twelve years and has installed twelve complete irrigation systems on 18-hole golf courses in the last three years of size and difficulty similar to this project. Contractor must provide resume of ( 12) total HDPE system installations (hybrids not allowed) along with statement of experience. E. THE UNDERSIGNED FURTHER DECLARES that he is the only person interested in the said bid; that it is made without any connection with any person or persons making another bid for the same contract; that the bid is in all respects fair and without collusion, fraud or misrepresentation, and, F. HEREBY PROPOSE to furnish all materials, tools, plants, equipment and all necessary labor and supervision required to construct, install, and to complete the work as stipulated in, required by, and in accordance with these Contract Documents and all addend a issued by the Owner and attached hereto, and the plans referred to them. 2.2 LUMP SUM BASE BID AND UNIT PRICES A. All Bidders must provide Unit Prices in this section for all listed items. Include the following unit price and alternate information with bid form under separate section. B. The undersigned agrees, if changes to the project are required and approved by Owner in accordance with requirements of the Contract Documents, that the cost of such changes will be determined on the basis of the following Unit Prices taken times the actua l quantity of such materials, installed as a result of such change as measured by the Irrigation Consultant. The undersigned further agrees that each Unit Price include the cost of all labor, material, sales tax, overhead, profit, insurance, and all other incidentals required to cover the completion of the work of that Unit Price item in accordance with the Drawings, Specifications and Contract Documents, Nemadji Golf Course Irrigation Specifications 07/1/2026 7 including excavating, trenching and backfilling unless otherwise indicated, the sum of the unit pricing does not equal the total of the lump sum irrigation bid. C. LUMP SUM BASE BID : TORO (OR PRE -APPROVED EQUAL) /HDPE LUMP SUM IRRIGATION BID (COMPLETE AS PROPOSED ON THE PLANS AND IN THESE SPECIFICATIONS*) $_________________________ *All lump sum base bids shall include all applicable taxes fees and permits and related work at no additional cost to the Owner. Describe in detail, in the bid for this work, any proposed deviation or variance from the equipment or installation described herein and on plan – see Substitutions. D. A component of the Lump Sum Base Bid shall be Qty. (50) large turf 1” body two-wire sprinklers w/1 ¼” swing joint contingency. This ( 50) head contingency shall be bid as all components necessary to install additional head(s), as the Owner or Owner’s Representative see fit. These head(s) shall include piping, fittings, swing joints, wiring, splice kits, and other incidentals necessary. This contingency does not include additional controller(s). This expense if needed will be borne by the Owner. Following will be a unit price for this conting ency. This contingency shall be included in the Lump Sum Bid but the Owner shall reserve the right to divide the ( 50) contingency unit price by (50) to determine a credit, if any, at the conclusion of the project $___________ (50) PC two-wire heads E. A component of the Lump Sum Base Bid shall be Qty. (20) Q.C.V. contingency. This (20) valve contingency shall be bid as all components necessary to install additional Q.C.V(s), as the Owner or Owner’s Representative see fit. These valve(s) shall include piping, fittings, swing joints, and other incidentals necessary. This expense if needed will be borne by the Owner. Following will be a unit price for this contingency. This contingency shall be included in the Lump Sum Bid but the Owner shall reserve the right to divide the ( 20) contingency unit price by ( 20) to determine a credit, if any, at the conclusion of the project $___________ (20) Q.C.V F. Watertronics pump station #VTVE-1-75x2(75)/7.5ST-460-3-1500(2250)-125 (or pre-approved equal) with enclosure and all associated equipment $____________ per each G. Irrigation Contractor to include Grow-In/Quick Start Programming by Servicing Distributor upon Irrigation Consultant & Superintendent approval prior to Irrigation Consultant final map - As part of their base bid $ 8,500 lump sum base bid H. Unit Prices for Irrigation Components as follows: 1. Toro INF34 series (or pre-approved equal) full circle gear driven rotor, 1” Body w/1 ¼” swing joint, piping, fittings, 2-wire comm cable and all associated equipment $___________ per each 3,878,026.42 21,895.10 4,893.51 422,244.77 588.21 Nemadji Golf Course Irrigation Specifications 07/1/2026 8 2. Toro INF35 series (or pre-approved equal) part circle gear driven rotor, 1” Body w/1 ¼” swing joint, piping, fittings, 2-wire comm cable and all associated equipment $___________ per each 3. Toro (or pre-approved equal) 1” Quick coupler valve with swing joint & stabilizer – complete $___________ per each 4. 3” Fusion saddle $___________ per each 5. 2” Fusion saddle $___________ per each 6. 1 ½” Fusion saddle $___________ per each 7. 2” PE 360° Lateral Isolation Assembly (as specified) $___________ per each 8. 3” PE 360° Lateral Isolation Assembly (as specified) $___________ per each 9. Clow Resilient Wedge HDPE Stub-out Isolation Valve (as specified) 3” $___________ per each 4” $___________ per each 6” $___________ per each 8” $___________ per each 10” $___________ per each 12” $___________ per each 14” $___________ per each 10. 2” HDPE DR 13.5 4710 Pipe (labor and material) $___________ per lin. ft 11. 3” HDPE DR 13.5 4710 Pipe (labor and material) $___________ per lin. ft 12. 4” HDPE DR 13.5 4710 Pipe (labor and material) $___________ per lin. ft 13. 6” HDPE DR 13.5 4710 Pipe (labor and material) $___________ per lin. ft 14. 8” HDPE DR 13.5 4710 Pipe (labor and material) $___________ per lin. ft 15. 10” HDPE DR 13.5 4710 Pipe (labor and material) $___________ per lin. ft 16. 12” HDPE DR 13.5 4710 Pipe (labor and material) $___________ per lin. ft 17. 14” HDPE DR 13.5 4710 Pipe (labor and material) $___________ per lin. ft 18. Paige Electric (Maxi) #12/2 wire for underground burial in main line pipe trench $___________ per lin. ft 604.07 427.63 79.57 85.20 105.20 398.81 630.79 1,168.99 1,604.95 1,896.61 3,127.73 5,201.31 6,442.42 $12.000.00 4.13 7.26 25.61 18.86 31.54 62.24 70.14 139.22 2.47 Nemadji Golf Course Irrigation Specifications 07/1/2026 9 19. Paige Electric (Maxi) #14/2 wire for underground burial in main line pipe trench $___________ per lin. ft 20. #6 AWG Solid bare copper wire (only for Smart Hub grounding) /(no shielding wire required) $___________ per lin. ft 21. Paige Electric 10’ – 0” ground rod assembly w/grounding gem set $___________ per each 22. Paige Electric 36” ground plate assembly w/grounding gem set $___________ per each 23. Paige Electric 96” ground plate assembly w/grounding gem set $___________ per each 24. Toro Lynx Smart Hub (or pre-approved equal) - complete w/grounding (as specified and per plan) $___________ per each 25. Apple iPad w/cellular WiFi w/Central Control application and LifeProof cover – Qty. (1) included in base bid $___________ per each 26. Spectrum 3550 WatchDog Wireless/Solar Weather Station (or pre-approved equal) w/power, grounding and surge (as specified) $___________ per each 27. Bermad Air/Vacuum Relief Valve (as specified) (10) on base bid $___________ per each 28. Spare Parts (See IV. Irrigation System, Part 3, Section 3.4) $___________ per each I. Rock Clause (additional cost if rock is encountered where standard vibratory pulling or trenching/backhoe-equipment cannot be utilized for installation ) 2” $___________ per lin. Ft T & M $________ per hour 3” $___________ per lin. Ft T & M $________ per hour 4” $___________ per lin. Ft T & M $________ per hour 6” $___________ per lin. Ft T & M $________ per hour 8” $___________ per lin. Ft T & M $________ per hour 10” $___________ per lin. Ft T & M $________ per hour 12” $___________ per lin. Ft T & M $________ per hour 14” $___________ per lin. Ft T & M $________ per hour J. Note: Contractor to list the standard equipment that will be utilized on their base bid installation. 4.38 6.34 141.57 244.27 183.14 46,213.35 5,794.56 1,417.75 4,474.36 17.50 350.00 19.60 350.00 24.55 350.00 35.50 350.00 52.80 350.00 85.20 350.00 120.10 350.00 180.50 350.00 1,600.00 Nemadji Golf Course Irrigation Specifications 07/1/2026 10 ___________ (Vibratory Plow Model #) ___________ (Trenching Plow Model #) ___________ (Backhoe Model #) K. Removal and replacement of all unsuitable (deleterious) material for backfill (owner supplied replacement material) $___________ per cu yd L. Removal and replacement of all unsuitable (deleterious) material for backfill (Contractor supplied backfill material) $___________ per cu yd $_____________ lump sum 2.3 COMMODITY PRICING A. 2” HDPE DR 13.5 4710 Pipe (material unit price only) $___________ per lin. ft** B. 3” HDPE DR 13.5 4710 Pipe (material unit price only) $___________ per lin. ft** C. 4” HDPE DR 13.5 4710 Pipe (material unit price only) $___________ per lin. ft** D. 6” HDPE DR 13.5 4710 Pipe (material unit price only) $___________ per lin. ft** E. 8” HDPE DR 13.5 4710 Pipe (material unit price only) $___________ per lin. ft** F. 10” HDPE DR 13.5 4710 Pipe (material unit price only) $___________ per lin. ft** G. 12” HDPE DR 13.5 4710 Pipe (material unit price only) $___________ per lin. ft** H. 14” HDPE DR 13.5 4710 Pipe (material unit price only) $___________ per lin. ft** I. #12 Paige Electric Maxi cable for burial in main/lateral line (material unit price only) $__________ per lin. ft.** J. #14 Paige Electric Maxi cable for burial in main/lateral line (material unit price only) $__________ per lin. ft.** **Commodity pricing shall include all applicable taxes at no additional cost to the Owner. Commodity pricing will be reviewed and re-evaluated by club with winning contractor prior to purchasing material. Bobcat E35 RTX 450 RTX 1250 70.00 165.00 0.90 1.95 3.10 6.50 24.11 17.14 11.03 29.07 0.62 0.41 Nemadji Golf Course Irrigation Specifications 07/1/2026 11 Qualified Reference List # Job Name Contact Name Contact Number Date of Install Project Contract Amount $ 1 2 3 4 5 6 7 8 9 10 11 12 Doug Schroeder 816-868-3529 575-290-9784 915-383-7199 602-503-0443 Swope Memorial GC Kansas City, MO Desert Lakes GC Alamogordo, NM Lone Star GC El Paso, TX Ironhorse, GC Leawood, KS Hogan Park (Quail Course) Midland, TX Justen Boyle Justin Ansara Ryan Eckroat 2026 2025 2025 2026 $8,400,000.00 $2,340,000.00 $3,500,000.00 $730,400.00 Tyson Kerby 806-786-3064 2025 $9,800,000.00 Fendrich GC Evansville, IN Jason Pharr 812-449-5460 2025 $1,400,000.00 Jason Pharr 812-449-5460 Helfrich GC Evansville, IN $1,360,000.00 2025 Centennial GC Nampa, ID Brandon Crim 208-965-1147 2026 $3,800,000.00 Lebanon GC Lebanon, MO Shawn Williams 417-718-3319 2026 $2,700,000.00 Ken McDonald GC Tempe, AZ Robert Harper 602-930-8533 2025 $3,200,000.00 Nemadji Golf Course 19 10. CONTRACT Nemadji Golf Course Automatic Irrigation Improvement Project 10.1 Preamble This contract made this ___ day of ____ 2026, by and between Mid-America Golf and Landscape, Inc., a Missouri corporation, herein called "Contractor", and the City of Superior, a municipal corporation, located in Douglas County, Wisconsin, herein called "Owner". WITNESSETH, that the Contractor and Owner for the consideration stated herein, agree as follows: 10.2 Article I - Scope of Work The Contractor shall perform everything required to be performed and shall provide and furnish all the applicable labor, materials, equipment, necessary tools, expendable equipment, insurance provided by the specifications, contributions to social security and all utility and transportation services required to perform and complete in a workmanlike manner the following work: Bid Project: Nemadji Golf Course Automatic Irrigation Improvement Project All work shall be in strict compliance with the Contractor's proposal and other contract documents, herein mentioned as component parts of this contract. 10.3 Article II - Contract Price The Owner shall pay the Contractor for the performance of this contract an amount based upon the unit prices contained in the proposal for the actual measured quantities of work done or lump sum as proposed. Contractor shall not be entitled to payment for work found deficient or failing to conform to the requirements set forth in this agreement and is not entitled to further payments until corrected to the satisfaction of the Director of Public Works at the cost of the Contractor. The City will inform the Contractor of any deficiencies and/or items that do not conform to this contract within thirty (30) days of receipt. Unless otherwise provided in the special provisions, payments are to be made to the Contractor within 30 days of receipt of an approved payment application/invoice on the basis of Nemadji Golf Course 20 written approval of estimates by the Owner of the value of the work performed during the preceding billing period. However, in accordance with 66.0901(9) Wisconsin Statutes, owner will retain five percent (5%) of the amount of each such estimate, until the work has been completed. This retainage will be held until completion and acceptance of all work included in this contract. Submission of a final payment application/invoice shall be accompanied by applicable payroll reports and final unconditional lien waivers (from all sub-contractors and suppliers) to the Owner. Prior to release of final payment, the Public Works Department shall review project documents, submitted by Contractor to determine the satisfaction thereof; it will be at the Public Works Department’s sole discretion when the final payment is made. Final payment will be made to Contractor within thirty (30) days of the City’s acceptance of services as complete. The Owner, in case the work under this contract is not completed within the time required or within an extended time approved in writing by the Owner, is authorized to take charge of the work and finish it at the expense of the Contractor and his sureties, and to apply the amount retained from estimates to the completion of the work. 10.4 Article III - Component Parts of this Contract This contract consists of the following component parts, all of which are as fully a part of it as if set out verbatim herein, or if not attached, as if the same were hereto attached: 1. Advertisement to Bid 2. Instructions to Bidders 3. Bid Proposal 4. Subcontractors & Suppliers Listing 5 Addenda Acknowledgment and all addenda 6. Bid Bond 7. Bidder's Proof of Responsibility 8. Affidavit of Organization and Authority 9. Affidavit of Compliance from Contractor and all Sub-Contractors 10. Contract 11. Certificate of Insurance 12. Performance and Payment Bond 13. General Specifications 14. Engineer’s Certificate, plan and specifications documents 15. Special Provisions (as applicable) 16. Contract Change Order 17. Additional Attachments per Index (as applicable) The contract documents form a complete unit and requirements called for by one are as binding as if called for by all. In cases of conflict between plans and specifications, the specifications shall govern. Special Provisions shall control over General Specifications. Nemadji Golf Course 21 10.5 Article IV - Payment for Labor & Materials The Contractor specifically agrees to pay for all claims for labor performed for this project and materials furnished, used and consumed in completing the foregoing contract, together with all items enumerated in Section 779.035, of the Wisconsin Statutes, as the obligation of the Contractor. No assignment, modification or change in the contract, or change in the work covered thereby, or any extension of time for completion of the contract shall release the sureties on the bond. 10.6 Article V – Insurance Within ten (10) days after the execution of the contract, and prior to commencement of any work, the Contractor shall file with the Owner, satisfactory evidence of having adequate worker’s compensation insurance and public liability insurance, both personal and property, as outlined in the General Specifications, section 12.3. 10.7 Non-Discrimination Upon execution of this Agreement, Contractor/Consultant agrees as follows: Contractor/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. 10.8 Authority The Contractor represents that is has the authority to enter into this Agreement. If the Contractor is not an individual, the person(s) signing on behalf of the Contractor represents and warrants that they have been duly authorized to bind the Contractor and sign this Agreement on the Contractor’s behalf. 10.9 Signatures In Witness Whereof, the parties intending to be legally bound have executed this agreement the day and year set forth above. SIGNED AND SEALED: COMPANY: Mid-America Golf and Landscape, Inc. ADDRESS: 1803 SW Jefferson St., Lee’s Summit, MO 64081 PHONE: 816-527-6184 President Vice President/Secretary Nemadji Golf Course 22 ATTEST: CITY OF SUPERIOR, WISCONSIN Jim Paine, Mayor Heidi Blunt, City Clerk Nicholas Rhinehart, Finance Director Frog Prell, City Attorney Provision has been made to pay the liability that will accrue under this contract. Approved by the Superior Common Council on: 11. PERFORMANCE AND PAYMENT BOND (Sample) Nemadji Golf Course 23 AIA Document A312™ - 2010 Performance and Payment Bond is the preferred document. All other bonds must be approved by the City. KNOW ALL MEN BY THESE PRESENTS THAT of , and as principal, and of , a corporation and existing under the laws of th e State of Wisconsin (hereinafter called Asurety@), as surety are held and firmly bound unto the City of Superior, a municipal corporation, of the State of Wisconsin, in the penal sum of $ Dollars, good and lawful money of the United States of America, to be paid to the City of Superior, Wisconsin, its duly authorized attorneys, agents, officers, successors and assigns for which payment, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the above bound principal has entered into a certain written contract with the City of Superior, Wisconsin, dated this day of , 20___, which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of the above obligation is such that if the above bound principal shall well and truly keep, do and perform each and every matter and thing in said contract set forth and specified to be by the said principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the aforenamed City, all loss and damage which said City may sustain by reason of failure or default on the part of said principal and shall pay to every person entitled thereto all claims for labor performed and materials furnished, used or consumed in performing the work provided in said contract including, without limitation because of enumeration, fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, apparatus, tools, appliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases, state imposed taxes, premiums for worker’s compensation insurance and contributions for unemployment compensation, then this obligation shall be void; otherwise, it shall be and remain in full force and effect. Contractor Representative Title Insurance Company Representative Attest: Nemadji Golf Course 24 12. GENERAL SPECIFICATIONS 12.1 GENERAL State, Federal and/or grant funds may be used to fund all or part of this contract. The City will not be held liable for any damages incurred due to changes in State, Federal or grant funding, including (but not limited to) a reduction or cancellation of the project. 12.2 SUBSTITUTIONS The following terms shall be substituted in the specifications: a. “Owner” or “City” is the City of Superior. b. “Engineer” is the Contracted Engineer/Architect for the City of Superior or the City Engineer assigned to the project. 12.3 INSURANCE REQUIREMENTS The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable department before the contract or purchase order is considered for approval by the City. 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 contract or listed below whichever is longer. CONTRACTOR—LIABILITY A. Commercial General Liability coverage at least as broad as Insurance Services Office Commercial General Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits and coverage: 1. Each Occurrence limit $1,000,000 2. Personal and Advertising Injury limit $1,000,000 3. General aggregate limit (other than Products-Completed Operations) per project $2,000,000 4. Products-Completed Operations aggregate $2,000,000 5. Fire Damage limit — any one fire $50,000 6. Medical Expense limit — any one person $5,000 7. Products - Completed Operations coverage must be carried for two years after acceptance of completed work. Nemadji Golf Course 25 B. Automobile Liability coverage at least as broad as Insurance Services Office Business Automobile Form, with minimum limits of $1,000,000 combined single limit per accident for Bodily Injury and Property Damage, provided on a Symbol #1- "Any Auto" basis. C. Workers' Compensation as required by the State of Wisconsin, and Employers Liability insurance with sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work coverage must include Maritime (Jones Act) or Longshoremen's and Harbor Workers Act coverage. Provide a waiver of subrogation in favor of the City for the workers’ compensation. D. Umbrella Liability providing 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. The umbrella must be primary and non-contributory to any insurance or self- insurance carried by the City. E. Builder's Risk / Contractor's Equipment or Property - The contractor is responsible for loss and coverage for these exposures. City will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors. INSURANCE REQUIREMENTS FOR SUBCONTRACTOR All subcontractors shall be required to obtain Commercial General Liability (if applicable Watercraft liability), Automobile Liability, Workers' Compensation and Employers Liability, (if applicable Aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor requirements, excluding Umbrella Liability, contained in Section 1 above. APPLICABLE TO CONTRACTORS / SUBCONTRACTORS / SUB-SUB CONTRACTORS 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 all Liability Policies for liability arising out of project work – City of Superior, and its officers, council members, agents, employees and authorized volunteers. Nemadji Golf Course 26 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. D. Deductibles and Self-Insured Retentions - Any deductible or self-insured retention must be declared to and approved by the City. E. Evidences of Insurance - Prior to execution of the agreement, the Contractor 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 or its equivalent. Such liability policies shall contain a provision or endorsement covering any contingent liability of the City of Superior. The City is to be shown as “additionally insured” and the project is to be listed on the certificate. The naming of said entities as Certificate Holders will not be acceptable. Certificates of worker's compensation and personal and public liabilities, along with the provision indemnifying the City of Superior must be submitted by the successful bidder. 12.3.5 IDEMNIFICATION Contractor hereby agrees to indemnify, defend and hold harmless the City its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorneys' fees, costs, and expenses of whatsoever kind or nature in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence, whether active or passive, of Contractor or of anyone acting under its direction or control or on its behalf, even if liability is also sought to be imposed on the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers. The obligation to indemnify, defend 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. Contractor shall reimburse the City, its elected and appointed officials, officers, employees, agent or authorized representatives or volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. In the event that Contractor employs other persons, firms, corporations or entities (subcontractor) or volunteers as part of the work covered by this Agreement, it shall be Nemadji Golf Course 27 responsibility of the contractor 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. 12.4 PERFORMANCE AND PAYMENT BONDS Contractor shall execute and furnish completed PERFORMANCE AND PAYMENT BONDS in the total amount of the approved bid, to be supplied to the Owner along with the required signed contract documents . AIA Document A312 ™ - 2010 is the preferred Performance and Payment Bond document. 12.5 LICENSES, PERMITS AND APPROVALS The Contractor warrants that he is properly licensed and possesses all the necessary qualifications as required by the federal, state and local laws, ordinances, regulations, etc. prior to commencing work, and shall remain in good standing for the duration of the project. The Contractor is responsible for all local, state and federal permits and approvals wh ich may apply to this project. The fees for local permits will be waived upon receipt of application of such permits and it is noted that the permit late fee of $750.00 per permit, will be the financial responsibility of contractor. Normal local inspections will be required, including final inspection of the project by the applicable local departments. The Contractor shall give all notices required by law and comply with all laws, statutes, ordinances, rules and regulations that affect the conduct and prosecution of the project. The Contractor shall be liable for all violation of the law in connection with work furnished by the Contractor. If Contractor performs any work that it knew or should have known to be contrary to such laws, statutes, ordinances, rules and regulations a nd without giving notice to the City, the Contractor shall be responsible for all costs arising therefrom. The City will consider no plea of misunderstanding or ignorance of these requirements. 12.6 OBSTRUCTION OF STREETS AND SIDEWALKS The Contractor shall promptly remove any dirt or debris which is caused by its performance of this contract and clean all streets, sidewalks, alleys and public property which are soiled by Contractor’s actions or omissions. If the Contractor shall, in any manner, obstruct a street or sidewalk or other public grounds, they shall erect, install, maintain and pay for barriers and lights to prevent accidents and shall be liable for damages caused by the obstruction and for any damage or disruption to streets, alleys or public grounds which may result from the Nemadji Golf Course 28 Contractor’s carelessness in the prosecution of such work in accordance with Section 62.15 (11) of the Wisconsin Statutes. The Contractor shall also be bound by any further requirements of the specifications on this point. 12.7 PROSECUTION AND PROGRESS Upon receipt of "Notice to Proceed" from the Owner, work under this contract shall commence and be completed as directed by the project specifications. This project shall be completed by November 30, 2027. 12.8 COORDINATION OF CONTRACTORS The City may award or may contract for additional work outside the scope of this contract. The Contractor shall fully cooperate with any other Contractor, City employee, Engineer or designated representative of the City, by scheduling its own work with that to be performed under other Contracts as may be directed by the City. The Contractor shall not commit or permit any act which will interfere with the performance of any other Contractor, agent, City employee, engineer or designated representative as scheduled. Employees of the Contractor must be able to work within a public setting without creating a disruption and conform to all policies, rules and regulations. Contractor shall require that their employees be courteous at all times, not to use loud or profane language, and to work as quietly as possible. Contractor shall require that its employees shall not trespass, loiter, cross property to adjoining premises, or tamper with property not covered by the contract. Contractor agrees to observe and obey all applicable laws, ordinances, rules and regulations promulgated and enforced by the City and by any other proper authority having jurisdiction over the work performed herein. Special Conditions Where special conditions or special purposes require the consideration of deviations from these specifications, any such deviations must be authorized by the Owner. 12.9 CHANGE ORDERS Any change to the signed contract must be approved by Owner, in writing, prior to t he commencement of the change (see C ONTRACT CHANGE ORDER, Section 15 ). All changes/amendments/addition/ deletions to the original contract must be described on the Contract Change Order form with necessary increase/decrease in contract price indicated. Change orders will need to include any invoices and supporting documents. These changes will include applicable project extension time requests. Form is to be numbered sequentially and is to be signed by the Contractor and approved by the Owner before proceeding to Nemadji Golf Course 29 execute the work. Verbal directions, approvals, conversations or agreements are not permitted in lieu of a written Change Order. Any work conducted outside of the scope of the contract, or in addition to the contract and not authorized through a written Change Order is at the Contractor’s sole cost and expense. 12.10 TIME PENAL TIES The liquidated damage provision or $500.00 per day is intended as a reasonable estimate of the Owner’s damages because of the Contractors failure to complete the Work by Completion Date and as a settlement of the actual damages that might arise because of such failure. The parties agree that these damages are reasonable, bear significant relation to the actual damages that Owner might sustain, which damages Contractor and Owner agree would be uncertain and difficult to prove, and is not a penalty for the Contractors failure to perform. The acceptance by Owner of the liquidated damages set forth above shall not be deemed permission for Contractor to continue to violate its covenant to complete the Work by the Completion Date and shall not preclude the Owner from seeking any other remedy (other than money damages) for such violation including, without limitation, specific performance or termination of the Agreement, which Owner may pursue at any time while the violation continues. If contractor fails to complete the work after a default notice has been issued; the Owner shall be entitled to obtain substitutive performance and may seek recovery of the costs of such substitutive performance, in addition to the liquidated damages. 12.11 GUARANTEE The Contractor shall assume responsibility for all defects which may develop in any part of the bid project caused by faulty workmanship, material or equipment and agrees to replace any such faulty workmanship, material and equipment, during the period of two (2) years from date of final acceptance of the work without cost to the Owner. Contractor shall coordinate any manufacture’s warrantees for the Owner during the two-year period, without any cost to the Owner. Acceptance of the plan shall not waive this guarantee. Final acceptance shall be determined as date of letter from Owner or Engineer approving final payment. Contractor is responsible for coordinating manufacturer warrantee re placements should problems arise in the guarantee period. Warrantee period shall begin upon cont ractor receipt of final payment, unless otherwise agreed upon in writing by the Owner. 12.12 AS-BUIL TS and WARRANTY DOCUMENTS Within ten (10) days of substantial completion and prior to final payment by the Owner, the Nemadji Golf Course 30 Contractor is to supply the Owner with project “as-builts” and all product warranty information. As-builts must be submitted in CAD, GIS or adobe file format or other format agreed upon by Owner or as listed in the Specifications. 12.13 CONTROL OF THE WORK MANY UTILITY OWNERS HAVE EXISTING FACILITIES NEAR OR AT THE LOCATION OF THE WORK REQUIRED UNDER THIS CONTRACT. The Contractor shall contact Diggers Hotline at 1-800-242-8511 to determine locations are safe and will make any adjustments recommended by the locator prior to performing any excavation operations under this contract. 12.14 SCOPE OF WORK The scope of work for this project shall be in accordance set forth in the Specifications and Plans. The Contractor shall be responsible for the maintenance of traffic. The Contractor shall provide, erect and maintain all barricades. 12.15 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC The Contractor shall work in cooperation with utility companies in the protection of water and gas mains and other utilities that may be within the limits of construction. It shall be the duty of the Contractor to notify the utility company or companies involved before starting work on this project. All necessary work of adjus ting any underground relocation will be performed by their owners, unless otherwise shown on the plans. The work to maintain and/or adjust these utilities shall be considered incidental to the project. The Superior Water, Light and Power Company will relocate any power poles or fire hydrants during construction operations, unless otherwise noted in the special provisions or if a cooperative agreement is established with Superior Water, Light and Power Company. The City of Superior has authority over all sanitary and storm sewers. The Superior Water, Light and Power Company will adjust all water shutoffs and gas shutoffs during construction. 12.16 SAFETY AND SECURITY The Contractor shall at all times perform in a safe and workmanlike manner to avoid injury Nemadji Golf Course 31 or damage to any person or property. The Contractor shall comply with all requirements and specifications relating to the safety, health and sanitation measures applicable to the project. The Contractor shall exercise all necessary precautions for the safety of its employees, and be in compliance with all applicable federal, state and local laws, statutes, ordinances, rules and regulations, including , but not limited to, the Wisconsin Labor Code, The U.S. Department of Transportation Omnibus Transportation Employee Testing Act, and OSHA standards. The contractor shall provide all necessary safeguards, devices and protective equipment, including but not limited to ad equate life protection and life saving equipment, and shall ensure the proper inspection and maintenance of safety measures are current and in compliance. The City may halt construction on any project where appropriate safety measures and equipment are not being used or any safety regulations are not being followed. Work will not be permitted to resume until required safety provisions have been made and delays as a result of this provision will not be considered a basis for an increase in the contract price or an extension of the completion deadline. 12.17 PRE-CONSTRUCTION CONFERENCE A preconstruction conference will be scheduled by the Owner or the Engineer prior to work commencing. 12.18 PROJECT DOCUMENT SUBMISSIONS As a condition of final payment, the following documents must be submitted and accepted by the City: a. Lien waivers – final unconditional lien waives from each sub-contractor and/or supplier must be submitted to the City. b. As-builts & product warranties – as noted in Section 12.12, these documents must be submitted to City. c. Retainage – Contractor’s final invoice is to indicate the balance of work completed and/or the total amount of retainage due the Contractor. d. Local inspections – final inspection reports must be submitted to the City. e. Project completion documentation – written documentation from the project engineer confirming the completion of the project. Nemadji Golf Course 32 13. PLANS Download plans at: https://spaces.hightail.com/space/0UxekV7Xex Nemadji Golf Course 33 14. Specifications Download specifications at: https://spaces.hightail.com/space/0UxekV7Xex Nemadji Golf Course 34 15. CONTRACT CHANGE ORDER Change Order No._______________________________ Contractor: Name______________________________ Address____________________________ Item No. Description of Change DECREASE in contract price INCREASE in contract price - - - - Total DECREASE in contract price XXXXXXXXXX - - - - Total INCREASE in contract price XXXXXXXXXX - - - - NET decrease/increase in contract price - + The current contract total is $ . The sum of $ is hereby added to/deducted from the total contract price and the total adjusted contract price is thereby $ . Change orders over $5,000.00: City Finance Department Initial:_________ The time provided for completion of the contract is (check one): _ unchanged increased by calendar/working days decreased by calendar/working days Necessity for change: This document shall become an amendment to the contract and all provisions of the contract will apply hereto. Change order recommended by: Date:_____________ (City, Company, engineer, contractor - circle one) Change order accepted by: Date:______________ (contractor) Change order approved by City of Superior: Date:___________ 1 1 Amendment III To the Professional Engineering Services Agreement Between The City of Superior And Short Elliott Hendrickson, Inc. This Amendment made this ____ day of ______ 2026, between Short Elliott Hendrickson Inc., (herein known as ‘Consultant’), and the City of Superior, a municipal corporation, through its Environmental Services Department (herein known as ‘City’) are Parties to an Agreement dated February 22, 2025, for Blatnik Bridge Sanitary Sewer Relocation engineering services. Both Parties desire to amend the Agreement as follows: Scope Consultant services include the scope of services and terms as detailed in Exhibit A, letter from the Consultant dated (enter date), associated with the Blatnik Bridge Sanitary Sewer Relocation Project. Exhibit A is hereby incorporated into this Amendment III by reference. Services and Fees Costs for this Amendment shall be full compensation for services performed or services rendered and for all labor, materials, supplies, equipment, incidentals, applicable taxes, fees, and applicable expenses, necessary to complete the services for a not to exceed amount of One Hundred Seventeen Thousand, Nine Hundred Seventy Dollars ($117,970.00). All other expenditures shall be the sole responsibility of the Consultant. Term The term of this Agreement shall be from the date of the Agreement through December 31, 2028, or until completion of the scope of work. Changes to services and/or fees that are agreed to by both parties shall be acknowledged in an amendment signed by both parties. All other terms and conditions of this agreement remain in full force and effect. The parties, intending to be legally bound, have executed this amendment on the day and year set forth above. 2 Signatures Name: Short Elliott Hendrickson, Inc. Address: 418 West Superior Street, Suite 200 Duluth, MN 55802-1512 _______________________________ Matt Bolf, Principal ATTEST: CITY OF SUPERIOR, WISCONSIN ______________________________ ___________________________________ Jim Paine, Mayor Heidi Blunt, City Clerk ______________________________ ___________________________________ Nicholas Rhinehart, Finance Director Frog Prell, City Attorney Provision has been made to pay the liability that will accrue under this contract. Engineers | Architects | Planners | Scientists Short Elliott Hendrickson Inc. , 418 West Superior Street, Suite 200, Duluth, MN 55801-0229 218.279.3000 | 888.722.0547 | 888.908.8166 fax | sehinc.com SEH is 100% employee-owned | Affirmative Action–Equal Opportunity Employer September 23, 2026 RE: Blatnik Bridge Sanitary Sewer Relocation Final Design Phase Services Superior, Wisconsin SEH No. SUPER 186178 – Amendment Mr. Steve Roberts Director, Environmental Services Division of Public Works City of Superior 51 East 1st Street Superior, WI 54880 Dear Mr. Roberts: Thank you for the opportunity to submit this Amendment proposal to the design phase professional services agreement for the Blatnik Bridge Sanitary Sewer Relocation project. This amendment is intended to support Design-Build final design coordination and review for the City’s sanitary sewer and force main interests while MnDOT administers the Design-Build contract. A separate phase agreement will be completed once final design is determined and the remaining project delivery needs are confirmed. This proposal summarizes SEH’s project understanding, proposed final design support scope, schedule assumptions, and compensation structure for this Amendment. PROJECT UNDERSTANDING SEH prepared the original sanitary sewer relocation design intent documents and has supported the City through alternatives analysis, design, and bid letting. The next phase will transition the project into Design-Build final design. Ames Kramer Joint Venture (AKJV) will complete the Design-Build design and construction, and MnDOT will remain the construction contract administrator of record. WisDOT is expected to reimburse eligible City utility engineering costs and will review this scope and fee before final authorization. SEH will serve as the City’s technical representative for the City of Superior’s sanitary sewer and force main work. SEH will provide independent design verification and support through the final design development by AKJV. SEH’s role is advisory. DOT retains authority to direct the Design-Build Contractor (AKJV), and the City will make decisions regarding its utility requirements before DOT provides contractual direction. Successful delivery will depend on timely design reviews, clear documentation of City requirements and original design intent, coordination among the City, MnDOT, WisDOT, and the Design-Build team, and defined boundaries between SEH’s utility-focused role and the broader contract administration services performed by others. City of Superior September 23, 2026 Page 2 PROJECT TEAM AND RESPONSIBILITIES Role Name Project Manager Dianne Mathews, PE Primary City and DOT coordination, scope and budget management, meeting participation, review oversight, and monthly reporting. Lead Civil Engineer Dan Hinzmann, PE Interpretation of original design intent, independent design verification, technical responses, change review, and recommendations to the City. Technical Specialists As Assigned Targeted wastewater, hydraulic modeling, geotechnical, survey, and related technical support within the authorized scope and fee. SCOPE OF SERVICES/WORK PLAN Task 1 Project Management and Coordination SEH will manage its final design-phase services and maintain communication among the City, MnDOT, WisDOT, and the Design-Build team. The City is expected to remain relatively hands-off during routine work and will be engaged at key decision points. • Attend biweekly design progress meetings from October 2026 through February 2027. Meetings are assumed to be primarily virtual, with in-person participation when appropriate to the work. • Coordinate routine responses through DOT. Direct technical coordination with the Design-Build Contractor’s design team may occur for coordination-intensive items, including detailed design reviews relative to hydraulic modeling results. • Maintain project budget, schedule, internal quality control, and records of key City decisions and open technical issues. • Prepare monthly progress reports and progress payment requests. Deliverables: Monthly progress reports submitted with invoices; meeting and issue documentation maintained in SEH project files; and technical decision documentation routed to the City and DOT, as applicable. Task 2 Design Review and Independent Verification SEH will perform a full independent verification of the Design-Build Contractor’s sanitary sewer and force main design for the City’s needs. SEH will provide advisory review and technical recommendations using the criteria set forth in Book 2, Exhibit 6-L - City of Superior Work Requirement, which include design, construction and as-built requirements. SEH will not approve the Contractor’s design, means, methods, sequencing, or safety procedures. • Review a Project Sanitary Sewer and Force Main Overview map for approval prior to initiating detailed design. • Review two comprehensive formal design submittals and one final-check submittal, each with a DOT-prescribed turnaround of no more than 15 business days. • Review design criteria, hydraulic analyses and calculations, gravity sewer plans and profiles, force main design, manhole and connection details, temporary bypass pumping and conveyance plans, dewatering and excavation recommendations, pipe support and bedding details, construction sequencing, temporary sewer service plans, railroad-related sewer details, shop drawings and product data, testing plans, and submitted alternates or substitutions. • Review the Design-Build Contractor’s geotechnical recommendations as they relate to sanitary sewer and force main work. • Independently run the City sewer model to verify hydraulic performance and compare the Design-Build design to the original design intent documents prepared by SEH. City of Superior September 23, 2026 Page 3 • Design changes requiring full hydraulic model runs or revisions to drainage areas are limited to three total: two gravity design changes and one force main design change. Additional comprehensive model runs will be completed only if authorized under the Hourly Additional Services Allowance. • Prepare a formal response and comment log for each submittal within the DOT specified timeframe from Exhibit 6-L. • Review rolling design packages at a level appropriate for discussion during the included biweekly meetings. Task-Specific Assumptions: No redesign by SEH is included. Reviews associated with BABA compliance, railroad approvals, environmental contamination, and requirements unrelated to the City sanitary sewer and force main are by others. Additional formal review cycles, substantial changes to previously reviewed packages, or additional independent modeling scenarios may be completed only through authorization under Task 8 or a separate amendment. Task 3 Authorized Additional Services Allowance At the City’s discretion and following WisDOT review, SEH may perform additional technical services under a not-to-exceed allowance of up to $20,000. Work under this allowance will proceed only after written authorization identifying the requested activity and applicable budget. Services may include additional sewer modeling reviews, additional design package reviews, evaluation of added alternates, review of substantial revisions to previously reviewed documents, emergency response efforts, or other City-requested sewer utility technical support. ASSUMPTIONS/CLARIFICATIONS/EXCLUSIONS • This proposal will be incorporated by reference into an amendment prepared by the City. The City’s final amendment and the original agreement, as amended, will control. • WisDOT will review the scope and fee for reimbursement eligibility before final City authorization. • MnDOT is the construction contract administrator of record and retains authority to direct the Design- Build Contractor. • SEH’s scope is limited to sanitary sewer and force main work. DOT and others will perform the broader contract administration, schedule management, funding compliance, railroad, environmental contamination, public involvement, customer notification, safety, and Contractor-direction functions. • The Contractor and DOT will manage environmental contamination. SEH services related to contaminated materials, environmental monitoring, permitting, or response are excluded from this agreement between SEH and the City of Superior. • Contractor claims, dispute resolution, entitlement analysis, litigation support, and expert-witness services are excluded. • No design, redesign, or permitting by SEH is included. If SEH prepares repair or revised design documents, that work will require written authorization as Additional Services. • Meetings, reviews, RFIs, change reviews, and deliverables are limited to the quantities stated in this proposal. • Reimbursable expenses customarily associated with the included services, including vehicles and mileage, are included in the fee unless identified otherwise in the final fee worksheet. • Contractor will submit documents sufficiently in advance of the related work to accommodate the stated review period, corrections, resubmittal, and approval. • Review does not relieve the Contractor from responsibility for dimensions, quantities, means and methods, coordination, safety, or compliance with the Contract Documents. • Revisions to the Wisconsin DNR permit will be applied through the City of Superior. Construction affected by a permit revision cannot proceed until permit approval is complete. • This Phase 2 Amendment is limited to final design services. The following services are not included and are reserved for a separate Phase 3 Agreement: • Construction administration and construction-phase submittal review • RFIs, variances, field clarifications, and change order review during construction • Resident project representation and on-site observation City of Superior September 23, 2026 Page 4 • Construction testing observation, quantity documentation, and payment review • Construction survey and record drawings • Punch list, substantial completion, final acceptance, and closeout support • Warranty review and post-construction inspections • Repair design, emergency response, claims, disputes, litigation support, and expert-witness services ADDITIONAL SERVICES Services not specifically included above may be provided upon written authorization if requested by the City or required due to changes in project scope, schedule, assumptions, or conditions. Additional Services may include review cycles or modeling beyond the stated limits; redesign; environmental services; specialized testing; claims or dispute support; or services outside the sanitary sewer and force main discipline. Task 3 provides a limited authorization mechanism up to the stated allowance. Services beyond that allowance will require an additional amendment or other written authorization acceptable to the City and WisDOT. PROJECT SCHEDULE Milestone/Event Anticipated Date or Duration WisDOT scope and fee review / City authorization Fall 2026 Biweekly design coordination October 2026 through February 2027 Formal Design-Build design reviews Per DOT schedule; three formal reviews of overall design with up to 15 business days per review COMPENSATION SEH proposes a hybrid compensation structure consisting of lump-sum design services, and a City- authorized Additional Services allowance. Exhibit A provides the detailed fee proposal and the summary is provided below. Task Description Fee Tasks 1-2 Project Management, Design Review - Lump Sum $97,970 Task 3 Authorized Additional Services Allowance* - Hourly $20,000 Total Authorized Fee $117,970 * Hourly services will be invoiced based on actual labor and reimbursable expenses incurred, up to the stated not-to-exceed amount. Allowance tasks will be invoiced based on actual effort incurred and will not be exceeded without written authorization. Task 3 requires City authorization before SEH proceeds. If these services are not authorized, they will not be billed as part of the contract. This proposal is subject to the terms of the original professional services agreement and subsequent City- prepared amendment. City of Superior September 23, 2026 Page 5 SUMMARY SEH appreciates the opportunity to continue supporting the City of Superior on this important utility relocation project. Our prior involvement allows us to interpret the original design intent and provide continuity through Design-Build final design. Please contact Dianne Mathews or Dan Hinzmann with questions regarding the proposed scope, schedule, or fee. Sincerely, SHORT ELLIOTT HENDRICKSON INC. Dianne Mathews, PE Dan Hinzmann, PE Project Manager Lead Civil Engineer (Lic. MN) (Lic. WI, MN) mh X:\PT\S\SUPER\186178\1-genl\10-setup-cont\03-proposal\Construction Phase Services Sept 2026\Blatnik Sewer - Construction Services Letter Proposal - REVISED 9.21.26.docx Total Hours 6 1 6 3 8 54 15 14 116 $ 25,775 17 1 11 69 63 78 10 40 371 $ 72,195 487 $ 97,970 Comprehensive Design Review No. 2 and formal comment log Final-check design review and formal comment log Independent sewer model review and verification Review Design-Build geotechnical recommendations Review alternates and substitutions SUPER P-178920 September 23, 2026 Task #1 - Project Management & QAQC Blatnik Bridge Sanitary Relocations - CA Reviews C ity of Superior Coordination Progress Meetings with AKJV, City and DOT QAQC Initial Project Setup (filing, accounting, etc.) Monthly invoice update letters, invoice management (6 months) Project tracking (schedule, budget, QA) Kickoff meeting with SEH Staff, review quality plan Rolling design package review during biweekly meetings Over the Should Reviews (3) Task Hours Summary Task Fee Summary Task #2 - Design Review & Independent Verification Comprehensive Design Review No. 1 and formal comment log Task Hours Summary Task Fee Summary Project Fee Summary Project Summary Project Hours Summary Agreement - 2025 Engineering Services for Blatnik Bridge Sanitary Sewer Relocation CITY OF SUPERIOR, WISCONSIN Todd Janigo Director of Public Works RFQ #24-39-ESD Project Code: BLTSAN Docusign Envelope ID: B50EA019-5899-4FC8-92BB-F3C877E4E869 Engineering Services for Blatnik Bridge Sanitary Sewer Relocation 2 TABLE OF CONTENTS 1. Advertisement ................................ ................................ ................................ .............................. 3 2. Schedule of Activities ................................ ................................ ................................ ................ 4 3. Information for Prospective Service Consultant ................................ ....................... 5 4. Statement of Qualifications Requirements ................................ ................................ ... 7 5. Scope of Services ................................ ................................ ................................ ......................... 8 6. Evaluation ................................ ................................ ................................ ................................ ....... 9 7. Subcontractors Listing ................................ ................................ ................................ .......... 11 8. Addenda Acknowledgement ................................ ................................ .............................. 12 9. Qualification Evaluation Checklist ................................ ................................ ................ 13 10. Statement of Qualifications Reference Form................................ ........................... 16 11. Agreement................................ ................................ ................................ ................................ .. 17 Docusign Envelope ID: B50EA019-5899-4FC8-92BB-F3C877E4E869 Engineering Services for Blatnik Bridge Sanitary Sewer Relocation 3 1. Advertisement Request for Qualifications (RFQ) City of Superior, Wisconsin Engineering Services for Blatnik Bridge Sanitary Sewer Relocation Responses will be received by the City of Superior, Public Works Department, at 1316 North 14th Street, 2nd floor, ATTN: Contract Analyst, Superior, WI 54880. Responses will be evaluated by City staff. Responses Due: Thursday, October 17, 2024, at 2:00 PM Project Description: The City of Superior, Wisconsin Environmental Services Division of Public Works is requesting qualifications from engineering design firms for sanitary sewer relocation required due to the Blatnik Bridge replacement project. Impacts to the existing sanitary sewer system includes both gravity sewer and pressurized sewer (forcemain) from an existing lift station. This project is slated for construction as part of the MnDOT/WisDOT Design- Build Blatnik Bridge project, proposed to start in 2026. This solicitation is a Qualification-Based Selection in accordance with Federal Register 40 U.S.C. 1101 et seq. No fees or proposed costs shall be submitted. Submittal of cost information may disqualify a firm from consideration. All responses must be prepared with the forms provided and submitted in accordance to the Instructions to Consultant/Firm. The RFQ may be obtained through the Internet at DemandStar.com. RFQ may be viewed at the Public Works Office, Government Center, 2nd Floor, 1316 North 14th Street, Superior, Wisconsin (abramsone@superiorwi.gov). The City of Superior encourages the participation of minority, women-owned and disadvantaged business enterprises. The City of Superior reserves the right to reject any or all proposals, to waive irregularities, or to accept such proposals, as in the opinion of the City, will be in its best interests. Todd Janigo, Public Works Director Public Works Department Daily Telegram: Friday 9/27/2024 and 10/4/2024 Docusign Envelope ID: B50EA019-5899-4FC8-92BB-F3C877E4E869 Engineering Services for Blatnik Bridge Sanitary Sewer Relocation 4 2. Schedule of Activities Subject: Engineering Services for Blatnik Bridge Sanitary Sewer Relocation RFQ#: 24-39-ESD Due Date: Thursday, October 17, 2024 Time Due: 2:00 DATE EVENT Friday, 9/27/2024 RFQ Released Friday 9/27/2024 and 10/4/2024 Publication Dates Thursday 10/10/2024 Pre-Proposal Meeting 10:00 am Public Works Department, at 1316 North 14th Street, 2nd floor, Room 217 Virtual option: Microsoft Teams Meeting ID: 282 439 942 896 Passcode: DkLdrk Monday, 10/14/2024 Deadline for Questions Tuesday, 10/15/2024 Final Addendum Issued Thursday, 10/17/2024 Sealed Qualifications Due: 2:00 pm Week(s) of 10/28/2024 and 11/4/2024 Potential Interview(s) Thursday, 12/5/2024 Public Works Committee Tuesday, 12/17/2024 City Council vote on recommendation Week of 12/23/2024 Sign Agreement Week of 12/30/2024 Work commences Prior to December 31, 2025 Final signed/approved project plan set and specifications submitted to City Docusign Envelope ID: B50EA019-5899-4FC8-92BB-F3C877E4E869 Engineering Services for Blatnik Bridge Sanitary Sewer Relocation 5 3. Information for Prospective Service Consultant 3.1 Proposals will be accepted until 2:00 pm on Thursday, October 17, 2024. Any proposals received after this time may not be considered. The proposal packet shall be placed in an envelope and shall be sealed. On the envelope shall be plainly written: the date of the opening, the title of the project and the name of the proposer. Respondent shall submit one (1) unbound original and one (1) PDF digital version of qualifications documents. 3.2 This is a qualifications-based selection. The Proposal, Addenda Acknowledgement, Sub-Consultants, Statement of Qualifications, Qualifications Reference Form, Qualification Evaluation Checklist, reference checks, and interviews (at the option of the City) will be used to identify the most competitive firm(s). The City reserves the right to identify competitive firm(s), as in its opinion, will be in its best interests. 3.3 The City of Superior Public Works Department and its designees will review the proposals and select the most highly qualified firm(s) to contact for further screening as it deems appropriate. 3.4 The consultant shall submit a list of their subcontractors as a part of their Qualifications, which list shall not be added to nor altered without the written consent of the City of Superior, and as specified in 66.0901 Wisconsin Statutes. 3.5 The RFQ details scope, terms, and conditions. The City reserves the right to amend the Request for Qualifications and will provide a written amendment to all known parties receiving the request. Respondents shall acknowledge all addenda received. 3.6 Firms not returning the completed RFQ within the specified time frame may be disqualified. Irregularities in the completed RFQ documents may be considered sufficient cause for disqualification. 3.7 Subsequent to the RFQ deadline, the Public Works Department will prepare a recommendation as to the most qualified respondent and the City will enter into fee negotiations with the highest ranked Consultant based on the detailed scope of work. If this is unsuccessful, the next most qualified proposer will be approached. The recommendation of the Public Works Department may be subject to the approval of the Superior Common Council. 3.8 The Consultant will be required to sign a standard City Service Agreement and provide proof of insurance for errors and omissions, property damage, public liability and worker’s compensation. 3.9 RFQ information is prepared and submitted at the sole cost and expense of the respondent and shall become the property of the City of Superior; proposal documents will not be returned. 3.10 Respondents will indemnify the City of Superior from any and all debts, claims, and liabilities arising out of the Qualifications or the performance of the project as a result of the consultant’s error, omissions, neglect, etc. Docusign Envelope ID: B50EA019-5899-4FC8-92BB-F3C877E4E869 Engineering Services for Blatnik Bridge Sanitary Sewer Relocation 6 3.11 The City reserves the right to negotiate with respondents on the scope of the project, fees, timelines, and all other components of the project. 3.12 Firms may not subcontract any work without prior written authorization by the City of Superior Public Works Department. 3.13 This shall in no way bind or prevent the Public Works Department from performing, requesting quotes or proposals, bidding, or contracting any services separately. 3.14 Trade secrets and confidential information contained in an RFQ are not open to public inspection. Proposers who include information in a n RFQ that is legally protected as a trade secret or confidential information must clearly indicate the specific protected information by marking that information “Trade Secret” or “Confidential” at the appropriate place. The City will not be responsible for any public disclosure of trade secrets or confidential information if it is not marked as provided above. A response to RFQ in its entirety is not confidential. If a request is made under the Wisconsin Public Records Law Wis Stat. §§ 19.31 -19.39 to inspect i nformation designated as trade secret or confidential in a proposal, the Proposer shall, upon request, immediately furnish sufficient written reasoning as to why the information should be protected from disclosure in order for the City Attorney to present the matter to the Attorney General of Wisconsin for final determination. The City recommends not including any confidential information in the proposal. 3.15 During this RFQ process, Proposer shall not contact any City Staff except those designated in the text of this RFQ or subsequent addendums or correspondence. Questions should be addressed in writing to Erin Abramson, via e-mail: abramsone@superiorwi.gov prior to Monday, October 14, 2024, at 12:30 PM. Please reference RFQ #24-39-ESD and line number being referenced. Non- compliance with this provision may result in rejection of the proposal. Docusign Envelope ID: B50EA019-5899-4FC8-92BB-F3C877E4E869 Engineering Services for Blatnik Bridge Sanitary Sewer Relocation 7 4. Statement of Qualifications Requirements Respondent shall submit one (1) unbound original and one (1) PDF version of qualification documents. 4.1 State the name, address, and a company profile, including size and company technical capabilities which are applicable to this project. 4.2 Provide consultant project organizational chart with specific names for key positions. Provide resumes or bios for key positions and summarize their ability to meet the project workload within the project schedule. 4.3 Provide examples of related experience performed by the firm during the previous three (3) years (projects with services like those outlined in Section 5, Scope of Services). The firm and key personnel must have no less than three (3) years’ actual business experience in the services to be provided. 4.4 Provide a statement describing your approach to the project and overall project management including: cost control, quality assurance, and other factors that impact the project. Note experience with City of Superior projects, applicable federal and state regulations, budget management, as well as public participation and communication strategy, etc. 4.5 Provide a list of all subcontractors, proposed duties and functions, qualifications, contact information, etc. 4.6 Complete the Statement of Qualifications Reference Form. Provide at least three (3) references of current or recent clients familiar with your project team. Do not include City of Superior references. Respondents shall provide an indemnification and hold harmless statement protecting the reference for comments and opinions provided. 4.7 Complete the Qualification Evaluation Checklist. Reporting false, inaccurate, or misleading information shall be sufficient grounds for disqualification or contract termination. When in doubt, attach a detailed answer or call for clarification. 4.8 There is no specified limit to the amount of material submitted in response to 4.1 through 4.8, however portions of submittals not clearly referencing the respective section may not be considered in the evaluation of the firm. Docusign Envelope ID: B50EA019-5899-4FC8-92BB-F3C877E4E869 Engineering Services for Blatnik Bridge Sanitary Sewer Relocation 8 5. Scope of Services 5.1 Purpose The purpose of this project is to determine the sanitary sewer relocations necessary to facilitate the Blatnik Bridge replacement project. The purpose of this Request for Qualifications is to identify qualified consultants who are interested and have the capacity to perform the alternatives analysis and design work associated with the project implementation within the timeframe outlined in Section 2. 5.2 Background Sanitary Sewer District 1 is a separated sewer district extending north of Winter Street and east of the Banks Avenue to St. Louis Bay to the north and east; this sewer district also includes Connors Point peninsula. The original sewers in this district were constructed starting in 1890. Sewage is generally conveyed by gravity to Lift Station 4, located at North 3rd Street and Cumming Avenue, and then pumped south to the Winter Street Interceptor where it is conveyed to the main Wastewater Treatment Plant. The sanitary sewer collection system in Sanitary Sewer District 1 consists of approximately ten (10) miles of gravity sewer, 1.15 miles of forcemain, 208 manholes, and two (2) lift stations. The average age of sanitary sewer main in this district is ninety- eight (98) years. Sewer material includes brick, concrete (reinforced and non-reinforced), vitreous clay pipe (VCP), polyvinyl chloride (PVC), and high-density polyethylene (HDPE). Utility coordination was initiated in 2024 for the Blatnik Bridge replacement project, which will be a Design-Build contract let by the Minnesota Department of Transportation. The proposed bridge alignment was provided to all potentially impacted utilities in Wisconsin and Minnesota, and utility coordination for the City of Superior Wastewater Utility was initiated with the Wisconsin Department of Transportation. Review of the proposed pier locations, stormwater control measures, and roundabouts revealed several conflicts between the proposed Blatnik Bridge project and existing utilities. This project is to analyze the Blatnik Bridge replacement project and existing sanitary sewer infrastructure to explore alternatives to remove known conflicts between Blatnik Bridge construction and sanitary sewers, maintain existing hydraulic capacity within the sanitary sewer district, improve reliability of the sanitary sewer collection system, as well as providing final plans, specifications, estimates, and bidding documents. The construction project will include the sanitary sewer infrastructure, and any roadway impacts not included in the Blatnik Bridge replacement project, including but not limited to asphalt pavement systems and other impacted surfaces. Docusign Envelope ID: B50EA019-5899-4FC8-92BB-F3C877E4E869 Engineering Services for Blatnik Bridge Sanitary Sewer Relocation 9 5.3 Codes and Best Practices Development of plans and specifications must be in conformance with state and local codes, restrictions and processes throughout the project including, but not limited to, the Wisconsin Department of Transportation , the Minnesota Department of Transportation, and City of Superior standards for construction. In addition, any and all improvements recommended must meet the requirements of the Wisconsin Department of Natural Resources. 5.4 Tasks and Deliverables Detailed tasks and deliverables will be assigned to the selected firm, upon negotiations and agreement of final terms. The following tasks are anticipated and should be considered in response to this RFQ: 1. Full Topographic Survey 2. Utility Coordination 3. Concept and Alternative Evaluation 4. Abbreviated Facilities Plan Development and Submittal 5. Preliminary Design and Evaluation 6. Development of 30/60/90 Percent Plans, Specifications and Estimates 7. Development of Final Plans, Specifications, Bidding Documents and Estimate(s) 8. Permitting 9. Construction Services and As-Built Plan Creation The City of Superior will provide available information to aid in the successful completion of this project. Available information includes GIS aerial photography, City utility information, and preliminary Blatnik Bridge alignment information. This RFQ includes qualifications for construction services, although it is not determined at this time whether the selected consultant will definitively have a role during the construction of this project. Construction services would include inspection and engineering support services. Key competencies anticipated for this project includes sanitary sewer alternatives evaluation; final design and bid document preparation; Wisconsin DNR sanitary sewer plan submittal requirements; and multi-agency (state and federal) coordination. 6. Evaluation Proposals shall be evaluated by the Director of Public Works, Contract Analyst, City Engineers, Public Works Department staff, and any others deemed appropriate by the City. Evaluation of Qualifications shall consider the following criteria, as well as those elements outlined in the Consultant Interview Rating Sheet (WisDOT FDM 8-5 Attachment 20.1): 1. Consultant and project team qualifications and relevant experience with similar project 2. Project understanding and approach Docusign Envelope ID: B50EA019-5899-4FC8-92BB-F3C877E4E869 Engineering Services for Blatnik Bridge Sanitary Sewer Relocation 10 3. Reference’s satisfaction with quality, timeliness, budget management 4. Completeness of proposal and adherence to RFQ requirements 5. Responses to Qualification Evaluation Checklist 6. Performance on previous ESDPW and/or other City of Superior projects 7. Experience and understanding of the Bipartisan Infrastructure Law funding requirements. City reserves the right to include any other items that are deemed appropriate at the time of evaluation. Docusign Envelope ID: B50EA019-5899-4FC8-92BB-F3C877E4E869 19 SHORT ELLIOTT HENDRICKSON INC. BLATNIK BRIDGE SANITARY SEWER RELOCATION 4.5 Subcontractors Listing Engineering Services for Blatnik Bridge Sanitary Sewer Relocation 11 7. Subcontractors Listing (Must be submitted with Qualifications.) Engineering Services for Blatnik Bridge Sanitary Sewer Relocation The undersigned agrees to employ the following listed subcontractors for the following enumerated classes of work and not to alter or add to such list without the written consent of the City of Superior, WI. Use separate sheet as necessary. SUBCONTRACTOR CLASS OF WORK 1) 2) 3) 4) 5) Submitted by: COMPANY Short Elliott Hendrickson Inc. (SEH®) ADDRESS 418 West Superior Street, Suite 200, Duluth, MN, 55802-1512 COMPANY REPRESENTATIVE Dan Hinzmann Braun Intertec Geotechnical Engineering Great Lakes Pipe Service CCTV Note: Subcontractors listed above will be used on an as-needed basis depending on the actual scope of work that is required to complete the project. Should additional services be required that are not yet identified, additional subcontractors may be selected. Docusign Envelope ID: B50EA019-5899-4FC8-92BB-F3C877E4E869 24 SHORT ELLIOTT HENDRICKSON INC. BLATNIK BRIDGE SANITARY SEWER RELOCATION Engineering Services for Faxon Interceptor and Creek Improvements 12 8. Addenda Acknowledgement (Must be submitted with Qualifications) Engineering Services for East Second Street Corridor Wet Weather Capacity Improvements I/we hereby acknowledge receipt of the following addenda(s): Addendum No. Dated Addendum No. Dated Addendum No. Dated Addendum No. Dated I/we further certify that no agreement has been entered into to prevent competition for said work and that I/we carefully examined the site where the work is to take place, and the plans, specifications, form of contract and all other contract documents. I/we further agree to enter into the contract, as provided in the contract documents, under all the terms, conditions and requirements of those documents. * If no addenda were issued, the consultant/firm shall so indicate and sign this document. ________________________________________ Company Representative Signature 1 Short Elliott Hendrickson (SEH®) October 14, 2024 4.8 Addenda Acknowledgement Docusign Envelope ID: B50EA019-5899-4FC8-92BB-F3C877E4E869 21 SHORT ELLIOTT HENDRICKSON INC. BLATNIK BRIDGE SANITARY SEWER RELOCATION Engineering Services for Faxon Interceptor and Creek Improvements 13 9. Qualification Evaluation Checklist Owner: ____________________________________________________________ Contact Person: _________________________________________________________ Address: _______________________________________________________________ City: ________________________________________________ State: ____________ Zip: _____________________ Telephone: _______________________________ Yes Sub No # Question 1. How many years has your firm been engaged in the consulting business _______________________ under the present firm name? □ □ 2. Has your firm ever failed to complete any work awarded to you? Comment/Explanation: •–”—…–‹‘•ǣ ͳǤ When filling out the checklist check “YES” only to those services provided “inǦhouse” by ›‘—”ˆ‹”ȋ‘”’”‹‘”‡š’‡”‹‡…‡‘ˆ‡›’‡”•‘‡Žƒ–‹…‹’ƒ–‡†–‘’‡”ˆ‘”ƒ•—„•–ƒ–‹ƒŽ amount of the project work) and check “SUB” for services you intend to subcontract out. List the subcontracting firm in the “Comments/Explanation” area. ʹǤ ‡•’‘†‡–•ƒ”‡‡…‘—”ƒ‰‡†–‘ƒ††…‘‡–•ƒ†–‘ƒ––ƒ…Š‘”‡†‡–ƒ‹Ž‡†‹ˆ‘”ƒ–‹‘ ™Š‡”‡ƒ’’”‘’”‹ƒ–‡‹”‡•’‘•‡–‘…Š‡…Ž‹•–‹–‡•Ǥ—…Š…Žƒ”‹ˆ‹…ƒ–‹‘…ƒ‰”‡ƒ–Ž›ƒ••‹•––Š‡ ‡˜ƒŽ—ƒ–‹‘’”‘…‡••ǤFirms may include other information as they deem appropriate. ͵Ǥ ––ƒ…Š–‘–Š‹•…Š‡…Ž‹•–ƒ›ƒ’’”‘’”‹ƒ–‡Ž‹…‡•‡•ǡ…‡”–‹ˆ‹…ƒ–‹‘ǡ†‡‰”‡‡•ǡ‘”ƒ’’”‘’”‹ƒ–‡ –”ƒ‹‹‰–Šƒ–™‹ŽŽƒ••‹•–‹“—ƒŽ‹ˆ›‹‰›‘—”ˆ‹”ˆ‘”–Š‡•‡•‡”˜‹…‡•Ǥ ͶǤ ‘•—Ž–ƒ–“—ƒŽ‹ˆ‹…ƒ–‹‘•™‹ŽŽ„‡†‡–‡”‹‡†—•‹‰–Š‹•…Š‡…Ž‹•–ƒŽ‘‰™‹–Š–Š‡ ‹ˆ‘”ƒ–‹‘’”‘˜‹†‡†within the respondent’s proposal ͷǤ Firms are expected to answer “YES” to some of the checklist items, but not all of them. ͸Ǥ ƒŽ•‡ǡ‹ƒ……—”ƒ–‡‘”‹•Ž‡ƒ†‹‰‹ˆ‘”ƒ–‹‘•ŠƒŽŽ„‡‰”‘—†•ˆ‘”†‹•“—ƒŽ‹ˆ‹…ƒ–‹‘ƒ–ƒ› –‹‡†—”‹‰ƒ†ƒˆ–‡”–Š‡•‡Ž‡…–‹‘’”‘…‡••ǤŠ‡‹†‘—„–ƒ––ƒ…Šƒ†‡–ƒ‹Ž‡†ƒ•™‡”‘” …ƒŽŽˆ‘”…Žƒ”‹ˆ‹…ƒ–‹‘Ǥ ͹Ǥ –‹•ƒ……‡’–ƒ„Ž‡–‘”‡ˆ‡”‡…‡‘–Š‡”’ƒ”–•‘ˆ›‘—” ”‡•’‘•‡™Š‡”‡•’‘†‹‰–‘–Š‡ “—‡•–‹‘•„‡Ž‘™Ǥ Short Elliott Hendrickson (SEH ®) Dan Hinzmann 418 West Superior Street Suite 200 Duluth MN 55802-1512 218.279.3000 ®48 Years as SEH and 97 Years since founded by P.R. Banister 4.7 Qualification Evaluation Checklist Docusign Envelope ID: B50EA019-5899-4FC8-92BB-F3C877E4E869 22 SHORT ELLIOTT HENDRICKSON INC. BLATNIK BRIDGE SANITARY SEWER RELOCATION Yes Sub No # Question □ □ 3. Has your firm ever defaulted on a contract? Comment/Explanation: □ □ 4. Has your firm ever had claims filed for errors and omissions or been sued for services you provided? Comment/Explanation: * SEE BELOW □ □ 5. Is your firm willing to provide (at no cost to the City) an on-site or online presentation to the Environmental Services Division of Public Works regarding your firm’s qualifications? Comment/Explanation: □ □ □ ͸Ǥ Does your firm possess all the necessary licenses and credentials to perform the work as specified? Is your firm licensed in Wisconsin? Comment/Explanation: □ □ □ ͹Ǥ ‘‡•›‘—”ˆ‹”Šƒ˜‡‡š’‡”‹‡…‡‹–Š‡”‡˜‹‡™ƒ†ƒ’’”‘˜ƒŽ’”‘…‡•• ‘ˆ™‘”‹‰™‹–ŠWisconsin Department of Natural Resourcesǫ Ž‡ƒ•‡Ž‹•–’”‘Œ‡…–•ˆ”‘–Š‡’ƒ•–͵›‡ƒ”•™Š‡”‡ƒ’’”‘˜ƒŽ ™ƒ•”‡“—‹”‡†Ǥ1) Lift Station 3 - Superior, WI; 2) Hammond Avenue - Superior, WI; 3) Breezy Point Lift Station - La Crosse, WI □ □ □ 8. Does your firm have experience determining multiple viable alternatives for a project that encompasses gravity sewers, pressurized sewers and the accompanying pump/lift station(s)? Comment/Explanation: One recent example of this is the Lift Station 3 project. We have provided further detail on this project and others elsewhere in our response. □ □ □ 9. Does your firm have experience with creating an abbreviated facilities plan? Comment/Explanation: Recent examples with the City include the Hammond Avenue and Lift Station 3 projects. * Our goal is to achieve long-term client relationships; therefore, we strive to resolve potential issues before they become legal claims. As is the case with many professional services companies, SEH occasionally has insurance claims, but they have all been settled within the lower end of our policy limit, and SEH never has had an ethics-related claim or action. Docusign Envelope ID: B50EA019-5899-4FC8-92BB-F3C877E4E869 23 SHORT ELLIOTT HENDRICKSON INC. BLATNIK BRIDGE SANITARY SEWER RELOCATION Engineering Services for Blatnik Bridge Sanitary Sewer Relocation 15 Yes Sub No # Question □ □ □ 10. Does your firm have experience with hydraulic/hydrologic modeling of sanitary sewer systems? Comment/Explanation: Our sanitary sewer modeling expertise was recently utilized for both the Lift Station 3 and East 2nd Interceptor projects. □ □ □ 11. ‘‡•›‘—”ˆ‹”Šƒ˜‡‡š’‡”‹‡…‡†‡˜‡Ž‘’‹‰…‘•–”—…–‹‘…‘•–•ƒ† ‘‰‘‹‰ƒ‹–‡ƒ…‡…‘•–•ˆ‘””‡…‘‡†ƒ–‹‘•ƒ†‡ǫ ‘‡–•ǣ In SEH's design process, short and long term costs are always a discussion point with project goals. We have extensive local cost estimating experience in this regard which can be seen in our project experience.□ □ □ 12. Does your firm have prior experience working collaboratively with municipal governments and state agencies? Comment/Explanation: SEH has a long history working with both the City of Superior, WiDNR, and numerous other municipalities and agencies within Wisconsin. □ □ □ 13. Does your firm have experience with the provisions required of projects funded by the Bipartisan Infrastructure Law, including the Buy American requirements? Comment/Explanation: Wisconsin's CWSRF program is funded in part by BIL funds, and therefore falls under similar requirements. We do have experience with Build America, Buy America (BABA) requirements including our current local delivery of the Superior Street reconstruction project utilizing a $25M RAISE grant with BABA requirements. □ □ □ 14. Is your firm willing and able to commit the necessary staff hours to complete the project in the timeline provided? Comment/Explanation: We have provided key staff in the propsoal, but we will supplement with additional production staff to satisfy the project timeline. □ □ □ 15. Have you reviewed the example of the service contract attached and are willing to sign a similar agreement? Comment/Explanation: Docusign Envelope ID: B50EA019-5899-4FC8-92BB-F3C877E4E869 20 SHORT ELLIOTT HENDRICKSON INC. BLATNIK BRIDGE SANITARY SEWER RELOCATION Engineering Services for Blatnik Bridge Sanitary Sewer Relocation 16 10. Statement of Qualifications Reference Form Applicant Firm Name: Contact Person: Address: City, State, and Zip Code: Telephone: Reference #1 Owner or Company Name: Contact Person: Type of Service(s) Provided: Calendar Year(s) of Service(s) Provided: City, State, and Zip Code: Telephone: Reference #2 Owner or Company Name: Contact Person: Type of Service(s) Provided: Calendar Year(s) of Service(s) Provided: City, State, and Zip Code: Telephone: Reference #3 Owner or Company Name: Contact Person: Type of Service(s) Provided: Calendar Year(s) of Service(s) Provided: City, State, and Zip Code: Telephone: Short Elliott Hendrickson Inc. (SEH®) Dan Hinzmann 418 West Superior Street Suite 200 Duluth, MN 55802-1512 218.279.3000 Wisconsin Department of Transportation Stephanie King, PE Roadway Design, urban and rural design engineering, storm sewer, street lighting, traffic signals, wetlands 2009-present Superior, WI 54880 715.395.7373 Western Lake Superior Sanitary District (WLSSD) Nathan Hartman, PE, Engineering Supervisor Sewer Interceptor Design 2012-present Duluth, MN 55806 218.721.2353 City of La Crosse, WI Jared Greeno Sewage collection, treatment and disposal 2021-present La Crosse, WI, 54601 608.789.7322 4.6 Statement of Qualifications Reference Form Docusign Envelope ID: B50EA019-5899-4FC8-92BB-F3C877E4E869 Engineering Services for Blatnik Bridge Sanitary Sewer Relocation 17 11. Agreement Professional Services Agreement for Engineering Services for Blatnik Bridge Sanitary Sewer Relocation This agreement, made this _____ day of_________________, 2025, by and between, Short Elliott Hendrickson (SEH), an Incorporated business (herein known as ‘Consultant’), and the City of Superior, a municipal corporation, through its Public Works Department (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 to determine the sanitary sewer relocations necessary to facilitate the Blatnik Bridge replacement project. T o perform the alternatives analysis , hydraulic modeling, and design work to develop a set of construction documents (design, technical specifications and standards) in compliance with applicable codes and regulations, for the Blatnik Bridge Sanitary Sewer Relocation project, in accordance with the terms and conditions of this agreement. Background and Objective Sanitary Sewer District 1 is a separated sewer district extending north of Winter Street and east of the Banks Avenue to St. Louis Bay to the north and east; this sewer district also includes Connors Point peninsula. The original sewers in this district were constructed starting in 1890. Sewage is generally conveyed by gravity to Lift Station 4, located at North 3rd Street and Cumming Avenue, and then pumped south to the Winter Street Interceptor where it is conveyed to the main Wastewater Treatment Plant. The sanitary sewer collection system in Sanitary Sewer District 1 consists of approximately ten (10) miles of gravity sewer, 1.15 miles of forcemain, 208 manholes, and two (2) lift stations. The average age of sanitary sewer main in this district is ninety- eight (98) years. Sewer material includes brick, concrete (reinforced and non-reinforced), vitreous clay pipe (VCP), polyvinyl chloride (PVC), and high-density polyethylene (HDPE). Utility coordination was initiated in 2024 for the Blatnik Bridge replacement project, which will be a Design-Build contract let by the Minnesota Department of Transportation. The proposed bridge alignment was provided to all potentially impacted utilities in Wisconsin and Minnesota, and utility coordination for the City of Superior Wastewater Utility was initiated with the Wisconsin Department of Transportation. Review of the proposed pier locations, stormwater control measures, and roundabouts revealed several conflicts between the proposed Blatnik Bridge project and existing utilities. This project is to analyze the Blatnik Bridge replacement project and existing sanitary sewer infrastructure to explore alternatives to remove known conflicts between Blatnik Bridge construction and sanitary sewers, maintain existing hydraulic capacity within the February 22 Docusign Envelope ID: B50EA019-5899-4FC8-92BB-F3C877E4E869 Engineering Services for Blatnik Bridge Sanitary Sewer Relocation 18 sanitary sewer district, as well as providing final plans, specifications, estimates, and bidding documents. The construction project will include the sanitary sewer infrastructure, and any roadway impacts not included in the Blatnik Bridge replacement project, including but not limited to asphalt pavement systems and other impacted surfaces. Scope Consultant services include, but are not limited to, all the tasks, activities and requirements included in Exhibit A, “Scope of Services” and other tasks and responsibilities as identified by the Public Works Department. 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 Public Works Director from requesting other tasks or procedures germane to the Agreement. If there are other tasks identified by the Public Works Director that are beyond the scope identified in Exhibit A, these will be considered extra services and can be added to this agreement by an amendment. Term The term of this agreement shall be from the date of the agreement through December 31, 2025. Services and Fees Costs shall be full compensation for services performed or services rendered and for all labor, materials, supplies, equipment, incidentals, applicable taxes, fees, and applicable expenses necessary to complete the services for a not to exceed amount of One Hundred Seventy-Five Thousand Six Hundred ($175,600.00), attached bid and incorporated herein by reference. All other expenditures shall be the sole responsibility of the Consultant. Changes to services and/or fees that are agreed to by both parties shall be acknowledged in an amendment signed by both parties. Payments Consultant may invoice the Public Works Department 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. Docusign Envelope ID: B50EA019-5899-4FC8-92BB-F3C877E4E869 Engineering Services for Blatnik Bridge Sanitary Sewer Relocation 19 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 Contract. 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 (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 Docusign Envelope ID: B50EA019-5899-4FC8-92BB-F3C877E4E869 Engineering Services for Blatnik Bridge Sanitary Sewer Relocation 20 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