Agenda for Committee of the Whole Meeting

Page 1 of 1 AGENDA COMMITTEE OF THE WHOLE MEETING August 4, 2026 Immediately after Common Council Meeting Government Center, Board Room 201 1316 N 14th Street, Superior, WI 54880 1 ROLL CALL 2 OLD BUSINESS 3 NEW BUSINESS 3.1 Discussion regarding 2027 General Fund and Capital Improvement Budget Proposals. 4 ADJOURNMENT Due to the requirements of the Wisconsin Open Meetings laws, only matters placed on this agenda may be approved at this meeting. 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 07/31/2026 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. Department Heads 2027 Budget Requests PAGE DEPARTMENT REQUEST 2 Clerk Election Security equipment 4 HR Employee Referral Program (recruitment bonuses) 5 HR Positive Intelligence Mental Fitness Program 6 Library North Parking Lot 7 Library Seasonal Outreach Employees 8 Parks Barker’s Island Fishing Pier 10 Parks Gouge Park Super Expansion (Turtle Power!) 13 Parks Events Vehicle (Equipment and Vehicles fund) 17 Parks FT Maintenance Position 18 Parks Permanent Seasonal Volunteer, Events, and Program Assistant Position 22 Parks Osaugie Trail Paving Barker’s Island N/A Marina Heated Storage Building #2 N/A Marina Pier Rebuilding N/A Marina Dredging the channel 24 Historic Properties Meteor Stabilization 26 Historic Properties Museums Climate Control 28 Historic Properties Fairlawn Parking Lot + EV Charger 30 Historic Properties Fairlawn Painting and Exterior Maintenance 31 Historic Properties Full-Time Maintenance Coordinator 32 Historic Properties Collections and Exhibits Budgets 33 Police Axon Cameras ($1.4 million spread over 5 years) (Vehicles and Equipment) 63 Police Accelerate Squad replacements (Vehicles and Equipment) N/A Police Part-Time Community Service Officer/Paid Internship Program 64 Fire Permanent Fire Staff Increase (SAFER) 65 Fire Fire Marshal 66 Fire Equipment and Vehicle Fund 68 Public Works MSB Phase II Final Engineering 75 Public Works N 21st Street 76 Public Works 28th Street Viaduct 130 ConnectSuperior Finish the Network 132 Attorney Assistant City Attorney 133 All Departments Travel & Training for Staff 134 All Department Public Tabling and Outreach Merch/Decorations N/A All Department City-wide Safety Coordinator 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 25 25 26 26 27 27 28 28 29 29 30 30 31 31 32 32 33 33 34 34 Page 1 Q-865734-46224TD Q-865734-46224TD Issued: 07/21/2026 Quote Expiration: 11/30/2026 Estimated Contract Start Date: 03/01/2027 Account Number: 112334 Payment Terms: N30 Mode of Delivery: AUTO-GND Credit/Debit Amount: $0.00 SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT SUPERIOR POLICE DEPT. - WI 1316 N 14th St Superior, WI 54880-1773 USA SUPERIOR POLICE DEPT. - WI 1316 N 14th St Superior WI 54880-1773 USA Email: Trevor Dorn Phone: Email: tdorn@axon.com Fax: Paul Winterscheidt Phone: (715) 395-7449 Email: winterscheidtp@superiorwi.gov Fax: Quote Summary Discount Summary Program Length 60 Months Average Savings Per Year $53,495.49 TOTAL COST $1,495,163.83 ESTIMATED TOTAL W/ TAX $1,495,163.83 TOTAL SAVINGS $267,477.45 Axon Enterprise, Inc. 17800 N 85th St Scottsdale, Arizona 85255 United States VAT: 86-0741227 Domestic:(800) 978-2737 International: +1.800.978.2737 35 35 Page 2 Q-865734-46224TD Payment Summary Date Subtotal Tax Total Feb 2027 $299,032.75 $0.00 $299,032.75 Feb 2028 $299,032.77 $0.00 $299,032.77 Feb 2029 $299,032.77 $0.00 $299,032.77 Feb 2030 $299,032.77 $0.00 $299,032.77 Feb 2031 $299,032.77 $0.00 $299,032.77 Total $1,495,163.83 $0.00 $1,495,163.83 36 36 Page 3 Q-865734-46224TD Quote Unbundled Price: $1,838,324.40 Quote List Price: $1,566,550.80 Quote Subtotal: $1,495,163.83 Pricing All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program 100553 Transfer Balance - Software and Services 1 1 $1.00 $16,473.34 $16,473.34 $0.00 $16,473.34 100552 Transfer Balance - Goods 1 1 $1.00 $33,800.21 $33,800.21 $0.00 $33,800.21 BWCUwTAP Body Worn Camera Unlimited with TAP Bundle 60 60 $144.35 $102.91 $102.91 $370,476.00 $0.00 $370,476.00 C00018 Bundle - TASER 7 Certification 60 60 $91.72 $85.58 $85.58 $308,088.00 $0.00 $308,088.00 Fleet3ARe Fleet 3 Advanced Renewal 30 60 $232.66 $189.57 $189.57 $341,226.00 $0.00 $341,226.00 Fleet3A Fleet 3 Advanced 7 60 $313.48 $258.90 $258.90 $108,738.00 $0.00 $108,738.00 A la Carte Hardware 101889 Axon Signal - Battery - CR2032 Single Pack 60 1 $5.00 $5.00 $300.00 $0.00 $300.00 101886 Axon Signal - Signal Sensor (sensor only) 60 1 $299.00 $299.00 $17,940.00 $0.00 $17,940.00 H00002 Axon Body 4 Multi-Bay Dock Bundle 8 $3,233.90 $614.59 $4,916.68 $0.00 $4,916.68 HWCNAB4 Axon Body 4 Connected Hardware Bundle 60 $2,098.00 $419.60 $25,176.00 $0.00 $25,176.00 A la Carte Software 50043 Axon Interview - Streaming Server Maintenance - Per Server 2 60 $32.98 $32.98 $3,957.60 $0.00 $3,957.60 50039 Axon Interview - Client Software - Maint. Per Touch Panel 5 60 $28.21 $28.21 $8,463.00 $0.00 $8,463.00 73682 Axon Evidence - Auto Tagging License 60 60 $10.85 $10.85 $39,060.00 $0.00 $39,060.00 73478 Axon Evidence - Redaction Assistant User License 60 60 $10.85 $10.85 $39,060.00 $0.00 $39,060.00 102610 Axon Community Link 60 60 $16.27 $16.27 $58,572.00 $0.00 $58,572.00 73447 Axon Body - License - Fusus Livestream 60 60 $16.27 $16.27 $58,572.00 $0.00 $58,572.00 50045 Axon Evidence - Storage - Interview Room Unlimited 9 60 $111.75 $111.75 $60,345.00 $0.00 $60,345.00 Total $1,495,163.83 $0.00 $1,495,163.83 Delivery Schedule Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date Axon Body 4 Connected Hardware Bundle 100147 Axon Body 4 - Camera - First Responder Black Rapidlock US 36 1 02/01/2027 Axon Body 4 Connected Hardware Bundle 100147 Axon Body 4 - Camera - First Responder Black Rapidlock US 2 1 02/01/2027 Axon Body 4 Connected Hardware Bundle 100147 Axon Body 4 - Camera - First Responder Black Rapidlock US 24 1 02/01/2027 Axon Body 4 Connected Hardware Bundle 100466 Axon Body 4 - Cable - USB-C to USB-C 66 1 02/01/2027 Axon Body 4 Connected Hardware Bundle 100775 Axon Body 4 - Magnetic Disconnect Cable 66 1 02/01/2027 Axon Body 4 Connected Hardware Bundle 74028 Axon Body - Mount - Wing Clip Rapidlock 66 1 02/01/2027 Axon Body 4 Multi-Bay Dock Bundle 100206 Axon Body 4 - Dock - Eight-Bay 3 1 02/01/2027 Axon Body 4 Multi-Bay Dock Bundle 100206 Axon Body 4 - Dock - Eight-Bay 5 1 02/01/2027 Axon Body 4 Multi-Bay Dock Bundle 70033 Axon Body - Dock Wall Mount - Bracket Assembly 8 1 02/01/2027 Axon Body 4 Multi-Bay Dock Bundle 71019 Axon Body - Dock Powercord - North America 8 1 02/01/2027 Bundle - TASER 7 Certification 100591 Axon TASER - Cleaning Kit 1 1 02/01/2027 Bundle - TASER 7 Certification 100623 Enhanced Hook-and-Loop Training (Halt) Suit (V2) 1 1 02/01/2027 37 37 Page 4 Q-865734-46224TD Hardware Bundle Item Description QTY Shipping Location Estimated Delivery Date Bundle - TASER 7 Certification 20008 Axon TASER 7 - Handle - High VIS Grn Laser Class 3R Ylw 2 1 02/01/2027 Bundle - TASER 7 Certification 20008 Axon TASER 7 - Handle - High VIS Grn Laser Class 3R Ylw 60 1 02/01/2027 Bundle - TASER 7 Certification 20018 Axon TASER - Battery Pack - Tactical 72 1 02/01/2027 Bundle - TASER 7 Certification 20063 Axon TASER 7 - Holster - Safariland RH 60 1 02/01/2027 Bundle - TASER 7 Certification 22175 Axon TASER 7 - Cartridge - Live Standoff (3.5-Degree) NS 300 1 02/01/2027 Bundle - TASER 7 Certification 22176 Axon TASER 7 - Cartridge - Live Close Quart (12-Degree) NS 300 1 02/01/2027 Bundle - TASER 7 Certification 22177 Axon TASER 7 - Cartridge - Halt Standoff NS 120 1 02/01/2027 Bundle - TASER 7 Certification 22178 Axon TASER 7 - Cartridge - Halt Close Quart NS 120 1 02/01/2027 Bundle - TASER 7 Certification 22179 Axon TASER 7 - Cartridge - Inert Standoff (3.5-Degree) NS 50 1 02/01/2027 Bundle - TASER 7 Certification 22181 Axon TASER 7 - Cartridge - Inert Close Quart (12-Degree) NS 50 1 02/01/2027 Bundle - TASER 7 Certification 70033 Axon Body - Dock Wall Mount - Bracket Assembly 1 1 02/01/2027 Bundle - TASER 7 Certification 71019 Axon Body - Dock Powercord - North America 1 1 02/01/2027 Bundle - TASER 7 Certification 74200 Axon TASER - Dock - Six-Bay Plus Core 1 1 02/01/2027 Bundle - TASER 7 Certification 80087 Axon TASER - Target - Conductive Professional Ruggedized 1 1 02/01/2027 Bundle - TASER 7 Certification 80090 Axon TASER - Target Frame - Professional 27.5 in X 75 in 1 1 02/01/2027 Fleet 3 Advanced 101924 Axon Fleet - Taoglas Ant - 7-in-1 4Cell 2WIFI 1GNSS Int 7 1 02/01/2027 Fleet 3 Advanced 103346 Axon Fleet - Ericsson R980-5GD-A+5Yr Netcloud 7 1 02/01/2027 Fleet 3 Advanced 70112 Axon Signal Vehicle 7 1 02/01/2027 Fleet 3 Advanced 72036 Axon Fleet 3 - Standard 2 Camera Kit 7 1 02/01/2027 A la Carte 101886 Axon Signal - Signal Sensor (sensor only) 60 1 02/01/2027 A la Carte 101889 Axon Signal - Battery - CR2032 Single Pack 60 1 02/01/2027 Bundle - TASER 7 Certification 22175 Axon TASER 7 - Cartridge - Live Standoff (3.5-Degree) NS 120 1 02/01/2028 Bundle - TASER 7 Certification 22176 Axon TASER 7 - Cartridge - Live Close Quart (12-Degree) NS 120 1 02/01/2028 Bundle - TASER 7 Certification 22175 Axon TASER 7 - Cartridge - Live Standoff (3.5-Degree) NS 120 1 02/01/2029 Bundle - TASER 7 Certification 22176 Axon TASER 7 - Cartridge - Live Close Quart (12-Degree) NS 120 1 02/01/2029 Bundle - TASER 7 Certification 22177 Axon TASER 7 - Cartridge - Halt Standoff NS 120 1 02/01/2029 Bundle - TASER 7 Certification 22178 Axon TASER 7 - Cartridge - Halt Close Quart NS 120 1 02/01/2029 Body Worn Camera Unlimited with TAP Bundle 73309 Axon Body - TAP Refresh 1 - Camera 62 1 08/01/2029 Body Worn Camera Unlimited with TAP Bundle 73689 Axon Body - TAP Refresh 1 - Dock Multi-Bay 8 1 08/01/2029 Bundle - TASER 7 Certification 22175 Axon TASER 7 - Cartridge - Live Standoff (3.5-Degree) NS 120 1 02/01/2030 Bundle - TASER 7 Certification 22176 Axon TASER 7 - Cartridge - Live Close Quart (12-Degree) NS 120 1 02/01/2030 Bundle - TASER 7 Certification 22175 Axon TASER 7 - Cartridge - Live Standoff (3.5-Degree) NS 120 1 02/01/2031 Bundle - TASER 7 Certification 22176 Axon TASER 7 - Cartridge - Live Close Quart (12-Degree) NS 120 1 02/01/2031 Body Worn Camera Unlimited with TAP Bundle 73310 Axon Body - TAP Refresh 2 - Camera 62 1 02/01/2032 Body Worn Camera Unlimited with TAP Bundle 73688 Axon Body - TAP Refresh 2 - Dock Multi-Bay 8 1 02/01/2032 Fleet 3 Advanced 72040 Axon Fleet - TAP Refresh 1 - 2 Camera Kit 7 1 02/01/2032 Fleet 3 Advanced Renewal 72040 Axon Fleet - TAP Refresh 1 - 2 Camera Kit 30 1 02/01/2032 Fleet 3 Advanced Renewal 72040 Axon Fleet - TAP Refresh 1 - 2 Camera Kit 1 1 02/01/2032 Software Bundle Item Description QTY Estimated Start Date Estimated End Date Body Worn Camera Unlimited with TAP Bundle 73686 Axon Evidence - Storage - Axon Device Unlimited 60 03/01/2027 02/29/2032 Body Worn Camera Unlimited with TAP Bundle 73746 Axon Evidence - ECOM License - Pro 60 03/01/2027 02/29/2032 Bundle - TASER 7 Certification 101180 Axon TASER - Data Science Program 60 03/01/2027 02/29/2032 Bundle - TASER 7 Certification 20248 Axon TASER - Evidence.Com License 60 03/01/2027 02/29/2032 Bundle - TASER 7 Certification 20248 Axon TASER - Evidence.Com License 1 03/01/2027 02/29/2032 Fleet 3 Advanced 80400 Axon Evidence - Fleet Vehicle License 7 03/01/2027 02/29/2032 Fleet 3 Advanced 80401 Axon Fleet 3 - ALPR License - 1 Camera 7 03/01/2027 02/29/2032 Fleet 3 Advanced 80402 Axon Fleet - Real-Time Location, Alerts & Livestream License 7 03/01/2027 02/29/2032 Fleet 3 Advanced 80410 Axon Evidence - Storage - Fleet 1 Camera Unlimited 14 03/01/2027 02/29/2032 Fleet 3 Advanced Renewal 80400 Axon Evidence - Fleet Vehicle License 30 03/01/2027 02/29/2032 38 38 Page 5 Q-865734-46224TD Software Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced Renewal 80401 Axon Fleet 3 - ALPR License - 1 Camera 30 03/01/2027 02/29/2032 Fleet 3 Advanced Renewal 80402 Axon Fleet - Real-Time Location, Alerts & Livestream License 30 03/01/2027 02/29/2032 Fleet 3 Advanced Renewal 80410 Axon Evidence - Storage - Fleet 1 Camera Unlimited 60 03/01/2027 02/29/2032 A la Carte 102610 Axon Community Link 60 03/01/2027 02/29/2032 A la Carte 50039 Axon Interview - Client Software - Maint. Per Touch Panel 5 03/01/2027 02/29/2032 A la Carte 50043 Axon Interview - Streaming Server Maintenance - Per Server 2 03/01/2027 02/29/2032 A la Carte 50045 Axon Evidence - Storage - Interview Room Unlimited 9 03/01/2027 02/29/2032 A la Carte 73447 Axon Body - License - Fusus Livestream 60 03/01/2027 02/29/2032 A la Carte 73478 Axon Evidence - Redaction Assistant User License 60 03/01/2027 02/29/2032 A la Carte 73682 Axon Evidence - Auto Tagging License 60 03/01/2027 02/29/2032 Services Bundle Item Description QTY Bundle - TASER 7 Certification 101193 Axon TASER - On Demand Certification 60 Bundle - TASER 7 Certification 20246 Axon TASER 7 - Replacement Access Program - Duty Cartridge 60 Fleet 3 Advanced 73391 Axon Fleet 3 - Deployment Per Vehicle - Not Oversized 7 Fleet 3 Advanced Renewal 73392 Axon Fleet 3 - Installation - Upgrade (Per Vehicle) 30 Warranties Bundle Item Description QTY Estimated Start Date Estimated End Date Fleet 3 Advanced Renewal 80495 Axon Fleet 3 - Ext Warranty - 2 Camera Kit 30 03/01/2027 02/29/2032 Body Worn Camera Unlimited with TAP Bundle 80464 Axon Body - TAP Warranty - Camera 2 02/01/2028 02/29/2032 Body Worn Camera Unlimited with TAP Bundle 80464 Axon Body - TAP Warranty - Camera 60 02/01/2028 02/29/2032 Body Worn Camera Unlimited with TAP Bundle 80465 Axon Body - TAP Warranty - Multi-Bay Dock 8 02/01/2028 02/29/2032 Bundle - TASER 7 Certification 80374 Axon TASER - Ext Warranty - Battery Pack T7/T10 72 02/01/2028 02/29/2032 Bundle - TASER 7 Certification 80395 Axon TASER 7 - Ext Warranty - Handle 60 02/01/2028 02/29/2032 Bundle - TASER 7 Certification 80395 Axon TASER 7 - Ext Warranty - Handle 2 02/01/2028 02/29/2032 Bundle - TASER 7 Certification 80396 Axon TASER - Ext Warranty - Dock Six-Bay T7/T10 1 02/01/2028 02/29/2032 Fleet 3 Advanced 80379 Axon Signal - Ext Warranty - Signal Vehicle 7 02/01/2028 02/29/2032 Fleet 3 Advanced 80495 Axon Fleet 3 - Ext Warranty - 2 Camera Kit 7 02/01/2028 02/29/2032 Fleet 3 Advanced Renewal 80495 Axon Fleet 3 - Ext Warranty - 2 Camera Kit 1 02/01/2028 02/29/2032 39 39 Page 6 Q-865734-46224TD Shipping Locations Location Number Street City State Zip Country 1 1316 N 14th St Superior WI 54880-1773 USA Payment Details Feb 2027 Invoice Plan Item Description Qty Subtotal Tax Total Transfer Value 100552 Transfer Balance - Goods 1 $33,800.21 $0.00 $33,800.21 Transfer Value 100553 Transfer Balance - Software and Services 1 $16,473.34 $0.00 $16,473.34 Year 1 101886 Axon Signal - Signal Sensor (sensor only) 60 $3,088.64 $0.00 $3,088.64 Year 1 101889 Axon Signal - Battery - CR2032 Single Pack 60 $51.65 $0.00 $51.65 Year 1 102610 Axon Community Link 60 $10,084.03 $0.00 $10,084.03 Year 1 50039 Axon Interview - Client Software - Maint. Per Touch Panel 5 $1,457.03 $0.00 $1,457.03 Year 1 50043 Axon Interview - Streaming Server Maintenance - Per Server 2 $681.36 $0.00 $681.36 Year 1 50045 Axon Evidence - Storage - Interview Room Unlimited 9 $10,389.28 $0.00 $10,389.28 Year 1 73447 Axon Body - License - Fusus Livestream 60 $10,084.03 $0.00 $10,084.03 Year 1 73478 Axon Evidence - Redaction Assistant User License 60 $6,724.76 $0.00 $6,724.76 Year 1 73682 Axon Evidence - Auto Tagging License 60 $6,724.76 $0.00 $6,724.76 Year 1 BWCUwTAP Body Worn Camera Unlimited with TAP Bundle 60 $63,782.87 $0.00 $63,782.87 Year 1 C00018 Bundle - TASER 7 Certification 60 $53,041.94 $0.00 $53,041.94 Year 1 Fleet3A Fleet 3 Advanced 7 $18,720.85 $0.00 $18,720.85 Year 1 Fleet3ARe Fleet 3 Advanced Renewal 30 $58,747.10 $0.00 $58,747.10 Year 1 H00002 Axon Body 4 Multi-Bay Dock Bundle 8 $846.48 $0.00 $846.48 Year 1 HWCNAB4 Axon Body 4 Connected Hardware Bundle 60 $4,334.42 $0.00 $4,334.42 Total $299,032.75 $0.00 $299,032.75 Feb 2028 Invoice Plan Item Description Qty Subtotal Tax Total Year 2 101886 Axon Signal - Signal Sensor (sensor only) 60 $3,712.84 $0.00 $3,712.84 Year 2 101889 Axon Signal - Battery - CR2032 Single Pack 60 $62.09 $0.00 $62.09 Year 2 102610 Axon Community Link 60 $12,122.00 $0.00 $12,122.00 Year 2 50039 Axon Interview - Client Software - Maint. Per Touch Panel 5 $1,751.49 $0.00 $1,751.49 Year 2 50043 Axon Interview - Streaming Server Maintenance - Per Server 2 $819.06 $0.00 $819.06 Year 2 50045 Axon Evidence - Storage - Interview Room Unlimited 9 $12,488.93 $0.00 $12,488.93 Year 2 73447 Axon Body - License - Fusus Livestream 60 $12,122.00 $0.00 $12,122.00 Year 2 73478 Axon Evidence - Redaction Assistant User License 60 $8,083.81 $0.00 $8,083.81 Year 2 73682 Axon Evidence - Auto Tagging License 60 $8,083.81 $0.00 $8,083.81 Year 2 BWCUwTAP Body Worn Camera Unlimited with TAP Bundle 60 $76,673.33 $0.00 $76,673.33 Year 2 C00018 Bundle - TASER 7 Certification 60 $63,761.45 $0.00 $63,761.45 Year 2 Fleet3A Fleet 3 Advanced 7 $22,504.29 $0.00 $22,504.29 Year 2 Fleet3ARe Fleet 3 Advanced Renewal 30 $70,619.72 $0.00 $70,619.72 Year 2 H00002 Axon Body 4 Multi-Bay Dock Bundle 8 $1,017.55 $0.00 $1,017.55 Year 2 HWCNAB4 Axon Body 4 Connected Hardware Bundle 60 $5,210.40 $0.00 $5,210.40 Total $299,032.77 $0.00 $299,032.77 40 40 Page 7 Q-865734-46224TD Feb 2029 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 101886 Axon Signal - Signal Sensor (sensor only) 60 $3,712.84 $0.00 $3,712.84 Year 3 101889 Axon Signal - Battery - CR2032 Single Pack 60 $62.08 $0.00 $62.08 Year 3 102610 Axon Community Link 60 $12,121.99 $0.00 $12,121.99 Year 3 50039 Axon Interview - Client Software - Maint. Per Touch Panel 5 $1,751.50 $0.00 $1,751.50 Year 3 50043 Axon Interview - Streaming Server Maintenance - Per Server 2 $819.06 $0.00 $819.06 Year 3 50045 Axon Evidence - Storage - Interview Room Unlimited 9 $12,488.93 $0.00 $12,488.93 Year 3 73447 Axon Body - License - Fusus Livestream 60 $12,121.99 $0.00 $12,121.99 Year 3 73478 Axon Evidence - Redaction Assistant User License 60 $8,083.81 $0.00 $8,083.81 Year 3 73682 Axon Evidence - Auto Tagging License 60 $8,083.81 $0.00 $8,083.81 Year 3 BWCUwTAP Body Worn Camera Unlimited with TAP Bundle 60 $76,673.19 $0.00 $76,673.19 Year 3 C00018 Bundle - TASER 7 Certification 60 $63,761.60 $0.00 $63,761.60 Year 3 Fleet3A Fleet 3 Advanced 7 $22,504.30 $0.00 $22,504.30 Year 3 Fleet3ARe Fleet 3 Advanced Renewal 30 $70,619.73 $0.00 $70,619.73 Year 3 H00002 Axon Body 4 Multi-Bay Dock Bundle 8 $1,017.55 $0.00 $1,017.55 Year 3 HWCNAB4 Axon Body 4 Connected Hardware Bundle 60 $5,210.39 $0.00 $5,210.39 Total $299,032.77 $0.00 $299,032.77 Feb 2030 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 101886 Axon Signal - Signal Sensor (sensor only) 60 $3,712.84 $0.00 $3,712.84 Year 4 101889 Axon Signal - Battery - CR2032 Single Pack 60 $62.09 $0.00 $62.09 Year 4 102610 Axon Community Link 60 $12,121.99 $0.00 $12,121.99 Year 4 50039 Axon Interview - Client Software - Maint. Per Touch Panel 5 $1,751.49 $0.00 $1,751.49 Year 4 50043 Axon Interview - Streaming Server Maintenance - Per Server 2 $819.06 $0.00 $819.06 Year 4 50045 Axon Evidence - Storage - Interview Room Unlimited 9 $12,488.93 $0.00 $12,488.93 Year 4 73447 Axon Body - License - Fusus Livestream 60 $12,121.99 $0.00 $12,121.99 Year 4 73478 Axon Evidence - Redaction Assistant User License 60 $8,083.81 $0.00 $8,083.81 Year 4 73682 Axon Evidence - Auto Tagging License 60 $8,083.81 $0.00 $8,083.81 Year 4 BWCUwTAP Body Worn Camera Unlimited with TAP Bundle 60 $76,673.39 $0.00 $76,673.39 Year 4 C00018 Bundle - TASER 7 Certification 60 $63,761.44 $0.00 $63,761.44 Year 4 Fleet3A Fleet 3 Advanced 7 $22,504.26 $0.00 $22,504.26 Year 4 Fleet3ARe Fleet 3 Advanced Renewal 30 $70,619.72 $0.00 $70,619.72 Year 4 H00002 Axon Body 4 Multi-Bay Dock Bundle 8 $1,017.55 $0.00 $1,017.55 Year 4 HWCNAB4 Axon Body 4 Connected Hardware Bundle 60 $5,210.40 $0.00 $5,210.40 Total $299,032.77 $0.00 $299,032.77 Feb 2031 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 101886 Axon Signal - Signal Sensor (sensor only) 60 $3,712.84 $0.00 $3,712.84 Year 5 101889 Axon Signal - Battery - CR2032 Single Pack 60 $62.09 $0.00 $62.09 Year 5 102610 Axon Community Link 60 $12,121.99 $0.00 $12,121.99 Year 5 50039 Axon Interview - Client Software - Maint. Per Touch Panel 5 $1,751.49 $0.00 $1,751.49 Year 5 50043 Axon Interview - Streaming Server Maintenance - Per Server 2 $819.06 $0.00 $819.06 Year 5 50045 Axon Evidence - Storage - Interview Room Unlimited 9 $12,488.93 $0.00 $12,488.93 Year 5 73447 Axon Body - License - Fusus Livestream 60 $12,121.99 $0.00 $12,121.99 Year 5 73478 Axon Evidence - Redaction Assistant User License 60 $8,083.81 $0.00 $8,083.81 Year 5 73682 Axon Evidence - Auto Tagging License 60 $8,083.81 $0.00 $8,083.81 Year 5 BWCUwTAP Body Worn Camera Unlimited with TAP Bundle 60 $76,673.22 $0.00 $76,673.22 Year 5 C00018 Bundle - TASER 7 Certification 60 $63,761.57 $0.00 $63,761.57 Year 5 Fleet3A Fleet 3 Advanced 7 $22,504.30 $0.00 $22,504.30 Year 5 Fleet3ARe Fleet 3 Advanced Renewal 30 $70,619.73 $0.00 $70,619.73 41 41 Page 8 Q-865734-46224TD Feb 2031 Invoice Plan Item Description Qty Subtotal Tax Total Year 5 H00002 Axon Body 4 Multi-Bay Dock Bundle 8 $1,017.55 $0.00 $1,017.55 Year 5 HWCNAB4 Axon Body 4 Connected Hardware Bundle 60 $5,210.39 $0.00 $5,210.39 Total $299,032.77 $0.00 $299,032.77 42 42 Page 9 Q-865734-46224TD Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at https://www.axon.com/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. ACEIP: The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. 43 43 Page 10 Q-865734-46224TD Exceptions to Standard Terms and Conditions Agency has existing contract(s) originated via Quote(s): Q-343257, Q-353291, Q-477630, Q-498242, Q-431907, Q-515852, Q-570933, Q-614794, Q-642735, Q-749724, Agency is terminating those contracts effective 3/1/2027. Any changes in this date will result in modification of the program value which may result in additional fees or credits due to or from Axon. The parties agree that Axon is applying a Transfer Balance of $50,273.55 100% discounted body-worn camera and docking station hardware contained in this quote reflects a TAP replacement for hardware purchased under existing quotes aforementioned above. All TAP obligations from this contract will be considered fulfilled upon execution of this quote. Any credits contained in this quote are contingent upon payment in full of the following amounts: Outstanding Invoice - INUS411936 - 1/1/2026 - $27,974.33 Outstanding Invoice - INUS427619 - 3/1/2026 - $20,422.36 Rewrite Estimates Estimated Amounts and Contract Terminations. Any amounts stated as due under existing or terminated contracts — including contract transfer balances carried forward to new or pending contracts — are estimates based on payments received as of the calculation date. These estimates may be adjusted if new contracts are not executed on the anticipated dates or if expected payments are not made. Refresh Shipment Timing Technology Assurance Plan (TAP) Refresh Prior to Renewal. For Customers with expiring agreements that include TAP refresh rights, Axon may, in its discretion, ship refresh hardware under the existing contract while renewal or replacement agreements are in progress. Any such shipments will be deemed made under the terms of the existing contract until the new contract is fully executed, after which any applicable updates, fees, or adjustments will apply. Shipment Timing Shipment Variance. Estimated shipment dates are provided for planning purposes only and are not guarantees. Axon may ship hardware before or after the estimated shipment date, and failure to meet an estimated shipment date will not, by itself, constitute a breach, provided Axon uses commercially reasonable efforts to meet estimated 44 44 Page 11 Q-865734-46224TD shipment dates. \s1\ \d1\ Signature Date Signed 7/21/2026 45 45 1 FLEET STATEMENT OF WORK BETWEEN AXON ENTERPRISE AND AGENCY Introduction This Statement of Work (“SOW”) has been made and entered into by and between Axon Enterprise, Inc. (“AXON”), and SUPERIOR POLICE DEPT. - WI the (“AGENCY”) for the purchase of the Axon Fleet in-car video solution (“FLEET”) and its supporting information, services and training. (AXON Technical Project Manager/The AXON installer) Purpose and Intent AGENCY states, and AXON understands and agrees, that Agency’s purpose and intent for entering into this SOW is for the AGENCY to obtain from AXON deliverables, which used solely in conjunction with AGENCY’s existing systems and equipment, which AGENCY specifically agrees to purchase or provide pursuant to the terms of this SOW. This SOW contains the entire agreement between the parties. There are no promises, agreements, conditions, inducements, warranties or understandings, written or oral, expressed or implied, between the parties, other than as set forth or referenced in the SOW. Acceptance Upon completion of the services outlined in this SOW, AGENCY will be provided a professional services acceptance form (“Acceptance Form”). AGENCY will sign the Acceptance Form acknowledging that services have been completed in substantial conformance with this SOW and the Agreement. If AGENCY reasonably believes AXON did not complete the professional services in conformance with this SOW, AGENCY must notify AXON in writing of the specific reasons within seven (7) calendar days from delivery of the Acceptance Form. AXON will remedy the issues to conform with this SOW and re-present the Acceptance Form for signature. If AXON does not receive the signed Acceptance Form or written notification of the reasons for rejection within 7 calendar days of the delivery of the Acceptance Form, AGENCY will be deemed to have accepted the services in accordance to this SOW. Force Majeure 46 46 2 Neither party hereto shall be liable for delays or failure to perform with respect to this SOW due to causes beyond the party’s reasonable control and not avoidable by diligence. Schedule Change Each party shall notify the other as soon as possible regarding any changes to agreed upon dates and times of Axon Fleet in-car Solution installation to be performed pursuant of this Statement of Work. Axon Fleet Deliverables Typically, within (30) days of receiving this fully executed SOW, an AXON Technical Project Manager will deliver to AGENCY’s primary point of contact via electronic media, controlled documentation, guides, instructions and videos followed by available dates for the initial project review and customer readiness validation. Unless otherwise agreed upon by AXON, AGENCY may print and reproduce said documents for use by its employees only. Security Clearance and Access Upon AGENCY’s request, AXON will provide the AGENCY a list of AXON employees, agents, installers or representatives which require access to the AGENCY’s facilities in order to perform Work pursuant of this Statement of Work. AXON will ensure that each employee, agent or representative has been informed or and consented to a criminal background investigation by AGENCY for the purposes of being allowed access to AGENCY‘s facilities. AGENCY is responsible for providing AXON with all required instructions and documentation accompanying the security background check’s requirements. Training AXON will provide training applicable to Axon Evidence, Cradlepoint NetCloud Manager and Axon Fleet application in a train-the-trainer style method unless otherwise agreed upon between the AGENCY and AXON. Local Computer 47 47 3 AGNECY is responsible for providing a mobile data computer (MDC) with the same software, hardware, and configuration that AGENCY personnel will use with the AXON system being installed. AGENCY is responsible for making certain that any and all security settings (port openings, firewall settings, antivirus software, virtual private network, routing, etc.) are made prior to the installation, configuration and testing of the aforementioned deliverables. Network AGENCY is responsible for making certain that any and all network(s) route traffic to appropriate endpoints and AXON is not liable for network breach, data interception, or loss of data due to misconfigured firewall settings or virus infection, except to the extent that such virus or infection is caused, in whole or in part, by defects in the deliverables. Cradlepoint Router When applicable, AGENCY must provide AXON Installers with temporary administrative access to Cradlepoint’s NetCloud Manager to the extent necessary to perform Work pursuant of this Statement of Work. Evidence.com AGENCY must provide AXON Installers with temporary administrative access to Axon Evidence.com to the extent necessary to perform Work pursuant of this SOW. Wireless Upload System If purchased by the AGENCY, on such dates and times mutually agreed upon by the parties, AXON will install and configure into AGENCY’s existing network a wireless network infrastructure as identified in the AGENCY’s binding quote based on conditions of the sale. VEHICLE INSTALLATION Preparedness 48 48 4 On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer less weapons and items of evidence. Vehicle(s) will be deemed ‘out of service’ to the extent necessary to perform Work pursuant of this SOW. Existing Mobile Video Camera System Removal On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer which will remove from said vehicles all components of the existing mobile video camera system unless otherwise agreed upon by the AGENCY. Major components will be salvaged by the AXON Installer for auction by the AGENCY. Wires and cables are not considered expendable and will not be salvaged. Salvaged components will be placed in a designated area by the AGENCY within close proximity of the vehicle in an accessible work space. Prior to removing the existing mobile video camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s systems’ operation to identify and operate, documenting any existing component or system failures and in detail, identify which components of the existing mobile video camera system will be removed by the AXON Installer. In-Car Hardware/Software Delivery and Installation On such dates and times mutually agreed upon by the parties, the AGENCY will deliver all vehicles to an AXON Installer, who will install and configure in each vehicle in accordance with the specifications detailed in the system’s installation manual and its relevant addendum(s). Applicable in-car hardware will be installed and configured as defined and validated by the AGENCY during the pre-deployment discovery process. If a specified vehicle is unavailable on the date and time agreed upon by the parties, AGENCY will provide a similar vehicle for the installation process. Delays due to a vehicle, or substitute vehicle, not being available at agreed upon dates and times may results in additional fees to the AGENCY. If the AXON Installer determines that a vehicle is not properly prepared for installation (“Not Fleet Ready”), such as a battery not being properly charged or properly up-fit for in-service, field operations, the issue shall be reported immediately to the AGENCY for resolution and a date and time for the future installation shall be agreed upon by the parties. 49 49 5 Upon completion of installation and configuration, AXON will systematically test all installed and configured in-car hardware and software to ensure that ALL functions of the hardware and software are fully operational and that any deficiencies are corrected unless otherwise agreed upon by the AGENCY, installation, configuration, test and the correct of any deficiencies will be completed in each vehicle accepted for installation. Prior to installing the Axon Fleet camera systems, it is both the responsibility of the AGENCY and the AXON Installer to test the vehicle’s existing systems’ operation to identify, document any existing component or vehicle systems’ failures. Prior to any vehicle up-fitting the AXON Installer will introduce the system’s components, basic functions, integrations and systems overview along with reference to AXON approved, AGENCY manuals, guides, portals and videos. It is both the responsibility of the AGENCY and the AXON Installer to agree on placement of each components, the antenna(s), integration recording trigger sources and customer preferred power, ground and ignition sources prior to permanent or temporary installation of an Axon Fleet camera solution in each vehicle type. Agreed placement will be documented by the AXON Installer. AXON welcomes up to 5 persons per system operation training session per day, and unless otherwise agreed upon by the AGENCY, the first vehicle will be used for an installation training demonstration. The second vehicle will be used for an assisted installation training demonstration. The installation training session is customary to any AXON Fleet installation service regardless of who performs the continued Axon Fleet system installations. 50 50 6 The customary training session does not ‘certify’ a non-AXON Installer, customer-employed Installer or customer 3rd party Installer, since the AXON Fleet products does not offer an Installer certification program. Any work performed by non-AXON Installer, customer-employed Installer or customer 3rd party Installer is not warrantied by AXON, and AXON is not liable for any damage to the vehicle and its existing systems and AXON Fleet hardware. 51 51 PAGE 1 STATEMENT OF WORK FOR THE IMPLEMENTATION OF AXON INTERVIEW ROOM FOR SUPERIOR POLICE DEPT. - WI ("SOW”) Submitted By: Axon Enterprise, Inc. (Axon) North 85 th Street 52 52 PAGE 2 1. PROJECT OVERVIEW: 1.1 SOFTWARE The hardware and software detailed in this SOW includes, the listed functionality.  Axon Interview Room 1.2 DEFINITIONS TERM DEFINITION PARTIES Agency SUPERIOR POLICE DEPT. - WI who is identified within this SOW End-Users Specific Agency groups that will use the system Professional Services The services that Axon will provide within the scope of this SOW SYSTEMS Axon Systems Software solutions and Agency specific integrations developed by Axon CJIS The Federal Bureau of Investigation’s Criminal Justice Information System NCIC National Crime Information Center Product The hardware and software solution being implemented as part of this SOW Production Environment The operational environment where the Product will be accessed PROJECT & MILESTONES Project Scope of this SOW as defined by the work to be completed described herein Project Change Order (PCO) Change order form outlined in Attachment B to be executed between Axon and Agency if a material change in scope is required to this SOW ACCEPTANCE Blocker Issue impacting 50% or more users Functional Acceptance Testing Testing the functionality of the system as configured for Agency 53 53 PAGE 3 1.3 OUT OF PROJECT SCOPE Axon is only responsible for performing the Professional Services described within this SOW. Any additional Professional Services that are not defined explicitly by this SOW shall be done so through a Project Change Order. The following are considered outside the scope of this Project:  Administration, management, or support of any internal City, County, State, Federal or Agency IT network or infrastructure  Third Party Products and Services costs related to the vendors or Agency’s cost of implementing the vendors or Agency’s side of the integration  Changes made by Agency or Agency’s vendors 54 54 PAGE 4 2. PROFESSIONAL SERVICES: 2.1 GENERAL  Axon will provide a project manager throughout entire project. 2.2 HARDWARE 2.2.1  will supply Servers. o If agency grants access, Axon will unbox and rack servers. o Agency will ensure servers are powered on with Windows installed prior to Install date. o Agency may setup server per agencies standards for things such as, joining to the domain, antivirus, firewalls, etc, so long as they do not degrade operations of Interview Server(s) o Agency will provide onsite and remote access to Interview Server(s) as required by Axon installers. Axon will then configure the Interview Server(s). {{LOCATIONS_NAME  Agency will configure all network equipment.  Agency will prepare all rooms prior to installation. o Removing all evidence from room. o Removal of existing video solution. Axon will work on installation timing with Agency to ensure an adequate number of rooms are available when possible. 55 55 PAGE 5 56 56 PAGE 6 2.3 INTERVIEW SOFTWARE  Agency will ensure an appropriate resource is available to configure/troubleshoot network communications between onsite Interview Hardware. Agency will also assist in configure/troubleshoot connection to Axon Evidence.  Agency may setup server per agencies standards for things such as, joining to the domain, antivirus, firewalls, etc, so long as they do not degrade operations of Interview Server(s)  Axon will install Axon Interview Server Application, Agency may be required to provide appropriate permissions/credentials.  Axon will install and configure Touch Panel Software. 2.4 READINESS  Axon will supply Agency with copy of current QA/Testing Checklist.  Axon will complete QA/Testing Checklist per room consisting of: o Hardware Wiring o Hardware Mounting o Hardware Functionality o Firmware Updates o Software Install and Configuration o Functional Test of all features 2.6 TRAINING  Axon will provide training materials that may be used by agency. Training materials will be customized for agencies environment where applicable.  Agency will provide facilities and equipment for conducting the Training.  Train the Trainer: Axon will provide session(s), materials and support allowing Agency’s in-house trainers to conduct their own Training. Agency is responsible for updating all Training materials after final acceptance. 57 57 PAGE 7 3. PROJECT MANAGEMENT: 3.1 MANAGEMENT RESOURCES  Both Parties will assign a Point of Contact, Project Manager, or Project Coordinator to ensure completion of deliverables.  Axon’s Project Coordinator will ensure all team members from Axon and Agency are continually updated on the status of the Project. 3.2 REQUIREMENTS PLANNING  All Proposed Project timelines will be documented during Project Management Kickoff call.  Once all requirements are agreed to, Axon’s Project Coordinator will work with Agency’s Project Manager to develop a Project plan for Axon’s implementation. 3.3 CHANGE CONTROL  If any changes in the Project cause a material increase or decrease in fees, as determined by Axon, an adjustment in the fees will be agreed upon and included in a signed PCO form.  Agency acknowledges a proposed change request might have an impact on both scheduling and cost for the Project that will be outlined in the PCO form. 58 58 PAGE 8 4. AGENCY COMMITMENTS:  Ensure the reasonable availability for meetings, phone or email of knowledgeable staff and personnel to provide timely and accurate documentation and information to Axon.  Identify holidays, non-workdays or major events that may impact the Project.  Ensure Agency desktop or mobile systems and devices can access the Product.  Make available relevant systems if needed for assessment by Axon (including making these systems available to Axon via remote access if possible).  Technical Systems Requirements 59 59 PAGE 9 5. SUPPORT:  Axon will provide on-site installer/trainer support as part of project.  The Product undergoes updates and enhancements which Agency will automatically receive.  Axon will provide Agency’s End Users access to the help.axon.com support portal to submit and review service tickets.  For Technical Support assistance, Agency may contact a Technical Support representative at 800-978-2737, or via email at Support@Axon.com. Online, email-based support and remote-location troubleshooting are included on an ongoing basis as part of Agency’s investment in the Axon ecosystem. Phone support is available 24/7. 60 60 PAGE 10 6. TERMS AND CONDITIONS: This SOW is governed by the Master Services and Purchasing Agreement executed by the Parties. AXON ENTERPRISE, INC. Signature: _____________________ Name: _________________________ Title: _________________________ Date: _________________________ AGENCY Signature: _________________________ Name: ____________________________ Title: _____________________________ Date: _____________________________ 61 61 PAGE 11 ATTACHMENT B - PROJECT CHANGE ORDER TEMPLATE Date: Axon Product or Service: Change Order Details AXON ENTERPRISE, INC. Signature: _____________________ Name: _________________________ Title: _________________________ Date: _________________________ AGENCY Signature: _________________________ Name: ____________________________ Title: _____________________________ Date: _____________________________ 62 62 63 63 64 64 65 65 66 66 67 67 68 68 69 69 70 70 MSB Images Women’s Locker Room and Shower Shared Space with Cleaning Staff and Supplies 71 71 72 72 Men’s Locker Room and Shower 73 73 Breakroom 74 74 One of Two Stairway Accesses to Administration Offices and Women’s Facilities Admin Offices not ADA Accessible or Accessible to those with Limited Physical Ability 75 75 76 76 77 77 Rail Crossing Elimination Program 28TH STREET GRADE SEPARATION September 12, 2024 78 78 Railroad Crossing Elimination Program Grant Application I. Cover Page Project Title 28th Street Grade Separation Applicant Name City of Superior, Wisconsin FUNDING Amount of RCE Program Funding Requested under this NOFO $1,976,000 Amount of Proposed Non-Federal Match $494,000 Does some or all of the proposed Non- Federal Match for the total project cost consist of Preliminary Engineering costs incurred before project selection (but after November 15, 2021)? If yes, how much? N/A Other Sources of Federal funding, if applicable Provide funding source and amount $: Source(s) of Proposed Non-Federal Match The non-federal match consists of $494,000 City of Superior $247,000 (10%) BNSF Railway $247,000 (10%) If applicable, are set-aside funds requested? Is the project eligible for a funding set-aside in Section B.1? Yes/ Planning Projects, Rural Set- Aside. If “Yes,” amount of set-aside funds requested: $1,976,000 Total Project Cost $2,470,000 PREVIOUS FEDERAL GRANTS Was a Federal Grant Application Previously Submitted for this Project? Yes/RAISE FY24: 28th Street Grade Separation – same project LOCATION City(ies), County(ies), State(s) Where the Project is Located Superior, Douglas County, Wisconsin Is the Project Located in a Rural Area or on Tribal Lands? Yes, the project is located in a Census tract designated as a rural area. 79 79 If the Project is located in a Rural Area or Tribal Land, is the Project Located in a county with 20 or fewer residents per square mile, according to the most recent decennial census? No Congressional District(s) Where the Project is Located 7th District APPLICATION TRACKS/ PROJECT LIFECYCLE STAGES Application Track(s) proposed to be funded by this NOFO? Tract 1: Planning Track 2: Project Development Lifecyle Stage(s) proposed to be funded by this NOFO? Project Development activities including alternatives analysis, preliminary engineering, public outreach, NEPA review, and right-of-way planning Current Lifecycle Stage and Anticipated completion of current Lifecycle Stage? The current stage is conceptual design. Pre- construction activities have not yet commenced for the project. RAIL LINE INFORMATION Is the Project located on real property owned by someone other than the applicant? Yes. The project involves BNSF Railway property. Since a Right of Way plan set has not been developed there may be other properties that will be needed for this Project. Host Railroad/Infrastructure Owner(s) of Project Assets; BNSF Railway Other impacted Railroad(s) Northern Pacific Railroad (NPR) Tenant Railroad(s), if applicable If applicable, is a 49 U.S.C. 22905- compliant Railroad Agreement executed or pending? Pending The City of Superior is in discussions with BNSF Railway to develop a compliant agreement. PLANNING CONSIDERATIONS Is the project currently programmed in ANY medium- or long- range planning document: For example, State rail plan, or interregional intercity passenger rail systems planning study, State Freight Plan, TIP, STIP, MPO Long Range Transportation Plan, State Long Range Transportation Plan, etc.? Yes. The project is identified as a Priority Corridor in Superior's 2020 Active Transportation Master Plan . Is the project located on a potential corridor selected for the Corridor Identification and Development Program? 9 Yes. The NPR track is incorporated within the identified alignment of the Northern Lights Express (NLX) passenger route as part of the Corridor ID grant program. 80 80 II. Project Summary The City of Superior respectfully submits a request for funding in the amount of $2,470,000 under the Rail Crossing Elimination (RCE) Grant Program for planning activities related to the 28 th Street Superior Grade Separation Project (the “Project”) in Superior, WI. This project will improve the safety, comfort, quality, and accessibility of the multimodal network in Superior, providing east-west access along North 28th Street, which fronts multiple schools to the east of the project area. The requested Planning Grant will evaluate the alternatives for a rail crossing grade separation including alignments, lengths of a grade separation and the methods of such a separation, multimodal improvements, and associated impacts. Once a preferred alternative is selected, the funds will be used for Pre-Construction activities including Preliminary Engineering, Public Outreach, NEPA review and Right of Way Planning. The RCE funds will be used to perform pre- construction planning activities to support the design of an east-west grade separation across a Burlington Northern-Sante Fe (BNSF) rail yard and a Northern Pacific Railroad (NPR) track along 28th Street in Superior, WI. The Project will conduct a thorough evaluation to determine the most cost-effective structure. This assessment will consider a design that potentially spans up to six tracks, encompassing both the rail yard and the NPR track located east of the rail yard. According to the Federal Railroad Administration (FRA) crossing inventory reports, crossing #061459A accommodates approximately 80 freight train movements daily, is the mid-point of the BNSF Railway yard, and includes four (4) sets of tracks at across the roadway. According to the BNSF Twin Cities Transportation Division, the crossing #082636K, situated on the east side of the yard, experiences an average of two freight trains per day. There are an average of 3,500 vehicles per day on 28th Street at this location, and an estimated 180 or more bike/peds trips per day. Crossing 061459 is equipped with active warning devices consisting of flashing lights for roadway users. Crossing 082636K is equipped with active warning devices consisting of flashing lights and gates for roadway users. The Project will result in the grade separation of the roadway, separating both vehicular and bicycle/pedestrian traffic. A shared- Figure 1: 28th Street Crossing 061459A, Source: Google Streetview Figure 2: Proposed Grade Separation along N 28th St, Superior, WI 81 81 use path will be included as part of the grade separation, which will offer improved conditions for pedestrians and bicyclists using the crossing. The 28th Street Superior Grade Separation Project will evaluate alternatives for a rail crossing grade separation including alignments, lengths, and methods of separation along with multimodal improvements. The project will conduct a thorough evaluation to determine the most cost-effective structure spanning up to six tracks across a Burlington Northern-Santa Fe (BNSF) rail yard and Northern Pacific Railroad (NPR) track. Key challenges include improving safety for all road users, increasing rail capacity and efficiency, and enhancing multimodal connectivity. Primary anticipated benefits include improved safety at the crossing, elimination of at least one at-grade crossing, improved mobility for people and goods, reduced emissions, improved emergency service access, and enhanced economic opportunities. III. Grant Funds, Sources and Uses of Project Funds The following table provides a detailed breakdown of the project budget, showing the RCE funding request, non-federal match, and total project cost by major components and activities: Exhibit 1: Sources and Uses Task # Task Name Cost Percentage of Total Cost 1 Project Administration and Management $226,000 9% 2 Purpose & Need Statement $30,000 1% 3 Alternatives Analysis $500,000 20% 4 Preliminary Design, Environmental, & NEPA $1,730,000 70% Total Project Cost $2,486,000 100% Federal Funds Received from Previous Grant $0 RCE Program Federal Funding Request $1,988,000 80% Non-Federal Funding/Match $497,200 20% Source: City of Superior: Cash match $248,600 10% Source: BNSF- Cash match $248,600 10% Pending Federal Funding Requests $0 This comprehensive budget ensures that all necessary planning activities, including engineering, environmental design, NEPA review, and public involvement, are adequately funded. The substantial commitment from both BNSF Railway and the City of Superior demonstrates strong local support and investment in the project's success. 82 82 IV. Applicant Eligibility Criteria The City of Superior, Wisconsin meets the applicant eligibility criteria outlined in Section C of the NOFO as a local government. Under 49 U.S.C. § 22909(b)(1), local governments are explicitly listed as eligible entities for the Railroad Crossing Elimination Program. The City of Superior is a duly incorporated municipality in the State of Wisconsin, operating under a council-mayor form of government as authorized by Wisconsin Statutes Chapter 62. As such, the City has the legal authority to apply for and receive federal grant funding, enter into agreements with the federal government, and carry out transportation infrastructure projects within its jurisdiction. V. Project Eligibility Criteria The proposed 28th Street Grade Separation Project meets the project eligibility criteria in Section C(3) of the NOFO by focusing on planning activities for a grade separation at an existing highway-rail grade crossing. Specifically, the project aligns with the following eligible project types: 1. Planning and design for the separation or closure of an existing highway-rail or pathway- rail grade crossing. 2. Planning and design for the improvement of an existing at-grade highway-rail or pathway- rail crossing. The project will evaluate alternatives for grade separation, including various alignments and structure types, to eliminate the existing at-grade crossing. Additionally, it will incorporate planning for multimodal improvements, enhancing safety and accessibility for pedestrians and cyclists. These activities directly support the program's goal of eliminating highway-rail grade crossings that are frequently blocked by trains or have high incident rates. VI. Detailed Project Description The 28th Street Superior Grade Separation Project aims to address critical safety and mobility challenges at a high-traffic rail crossing in Superior, Wisconsin. The existing at-grade crossing experiences approximately 80 freight train movements and 3,500 vehicles daily, creating significant safety risks and mobility issues for the community. The BNSF rail yard at this location can obstruct the crossing for up to 140 minutes per day, impeding the flow of traffic and potentially delaying emergency services. Transportation Challenges that the Project is Intended to Address First, 28th Street serves as a critical east-west corridor for Superior, serving as the primary access route to half (4 of 8) of Superior’s schools. The crossing represents the sole at-grade crossing of the BNSF and NPR tracks within a four-mile span, extending from Winter Street at the northern boundary of Superior to 58th Street at the southern end of the city. Second, one of the primary transportation challenges for the city of Superior is the significant growth in freight traffic arriving via train and ship into the community. Both the Port of Superior and the Port of Duluth (on the other side of the Saint Louis Bay) are growing their industrial 83 83 capacity through business development and capacity expansions. This additional capacity has generated growth in the usage of the BNSF yard that is adjacent to the crossing. This economic activity necessitated more rail traffic that occupies the at-grade crossing for upwards of 140 minutes per day. The escalation in rail traffic results in frequent obstructions at this at-grade crossing, affecting both motorized and non-motorized road users, particularly as the 80 trains per day traverse this intersection. Currently, the 28 th St users consist of 96 percent light vehicles and four percent (4%) commercial vehicles according to Replica1. The third transportation challenge is the potential passenger rail traffic crossing 28th St. In December 2023, the Minnesota Department of Transportation announced receipt of $500,000 in federal funds to advance the planning of the NLX passenger rail project. The federal grant provides funds to begin preliminary work on the project. NLX is projected to provide four round- trip passenger rail trips from Minneapolis to Duluth/Superior daily. Earlier this year, MnDOT applied for the Corridor Identification and Development Program (CIDP) grant through the Federal Railroad Administration. MnDOT will use the CIDP funds to begin updating planning work originally completed in 2017. The funds are a portion of the 80% funding needed from the federal government for the $592.3 million dollar project. This complements the $194.7 state match authorized during the 2023 legislative session. This new high-speed passenger service will add eight (8) trains per day on the rail line that is currently experiencing one (1) train per week. The project area includes two key at-grade crossings: USDOT #061459A on the BNSF mainline and yard tracks (4 total), and USDOT #082636K on the NPR track. These crossings are vital connections for local residents, businesses, and emergency services, but their at-grade configuration poses ongoing safety concerns and mobility challenges. Current railroad operations in the project area are dominated by BNSF freight traffic, with approximately 80 train movements daily through crossing #061459A. The NPR track at crossing #082636K sees an average of two freight trains per day. The high volume of train traffic, combined with the 3,500 daily vehicle crossings, creates a significant potential for conflicts and delays. The Project will conduct alternatives analysis to determine the appropriate alignment, length, multimodal facilities, and accommodations to be designed and, ultimately, constructed. This project will include preliminary design through 30%, public outreach, NEPA review, and right- of-way plans. How the Project is Expected to Address these Challenges The Project’s primary objective is to develop a plan of action that improves the safe mobility and accessibility for all road users. The project will promote environmental sustainability by reducing vehicular idle times and improve quality of life for the users and residents in the area by safely connecting them to the places they live, work, shop, go to school, and recreate. The project promotes economic competitiveness by including improving freight-movement efficiency for industrial developments supported by the crossing and a state of good repair through sustainable design considerations. Implementation of this Planning Project, specifically addresses the identified transportation issues including: • Addressing safety concerns near the BNSF rail yard, 1 https://www.replicahq.com/ 84 84 • Ensuring timely emergency response across the rail line, • Enhancing transportation accessibility across the at-grade crossing(s), with a particular focus on non-motorized users, and • Providing improved mobility and connectivity for the increased rail traffic generated by the growth in freight and the potential NLX line. Project’s History Grade separation of 28th Street would significantly improve the city’s priority active transportation corridor. It would provide significant safety and accessibility benefits to residents, visitors, students, commuters, and all other users to connect to the recreation area west of the crossing(s) and other destinations located on the eastern end corridor including commercial, medical, and educational facilities required for daily activities. This crossing provides transportation access to both people and freight: • 28 th Street is a priority corridor in Superior’s Active Transportation Plan • The Ports of Superior and Duluth are experiencing significant growth in freight traffic arriving via train and ship into the community. Both Ports are pursuing an aggressive path toward modernization and expansion of their terminals. • As noted above the alignment for the proposed NLX high-speed passenger line will bring additional train traffic to this corridor. Technical and Engineering Aspects of the Project The objective of the 28th Street Superior Grade Separation planning project is to eliminate a minimum of one at-grade crossing, particularly those involving five or more tracks, by implementing a grade separation solution. This Project includes the following deliverables: • Initial Alternative Analysis for the alignment and type of proposed grade separation improvement. • Preliminary Engineering for the preferred Alignment to 30 percent design • Right of Way Acquisition Plan, with detailed schedule and compensation plan. • Meaningful Public Participation Plan and description of the Implementation Plan • National Environmental Policy Act (NEPA) Review Current Design Status of the Project Pre-construction activities have not yet commenced for the Project. The preliminary engineering activities completed to date encompass the preparation of a feasibility study in 2016 and the identification of N 28th Street as a Priority Corridor for investment, which was highlighted in the City’s 2020 Active Transportation Master Plan. As previously noted, one of the tracks that the proposed grade separation project aims to span is the NPR track, located on the east side of the project. This particular track has been recognized in the Corridor ID grant program as the designated alignment for the future Northern Lights Express (NLX) passenger route. The NLX is a proposed higher speed passenger rail project that would provide rail service between Minneapolis and Duluth. If constructed, NLX will operate on approximately 152 miles of existing BNSF rail corridor and will pass along the “Coal Runner line” which runs through crossing # 082636K slightly east of the BNSF rail yard. 85 85 The intended outcomes of the project are to: 1) Improve safety for all road users by separating the road and rail traffic, thus, removing any conflicts at this crossing, and 2) Increase rail capacity and efficiency to serve the local industry along with supporting growth along the Northern Tier Route. As an ancillary benefit, the NPR track, colloquially referred to as the “Coal Runner line” due to its service to the coal facility in the northern sector of the City of Superior, is incorporated within the identified alignment of the Northern Lights Express (NLX) passenger route as part of the Corridor ID grant program. Benefits of the Project include: A) improved safety at the crossing, B) planning for a grade separation of the crossing, which will enable the elimination of at least one (1) at-grade crossing, possibly two (2), C) improved mobility for both people and goods, D) community benefit through reduced emissions and environmental protection, E) improved access to emergency services, F) enhanced economic opportunity through improved rail access to the proposed Port terminal modernization and expansion, and H) local hire preferences through contracting incentives, to the extent possible under Federal law. The primary expected outcomes of this project include: 1. Improved safety for all road users by separating road and rail traffic, significantly reducing the risk of vehicle-train collisions. 2. Increased rail capacity and efficiency to serve local industry and support growth along the Northern Tier Route. 3. Enhanced multimodal connectivity, particularly for active transportation users accessing nearby schools and other destinations. 4. Reduced emissions and environmental protection through decreased idling times for vehicles waiting at the crossing. 5. Improved access to emergency services by eliminating train-related delays for first responders. 6. Enhanced economic opportunities through improved rail access to support proposed port terminal modernization and expansion. The expected users and beneficiaries of the completed project are diverse and include: 1. Local residents who regularly use 28th Street for daily commutes and errands. Project Figure 3:Walking Trips to School, Source: Replica 86 86 2. Students accessing nearby schools will benefit from safer and more reliable crossing options. 3. Active transportation users, including pedestrians and cyclists, will have improved infrastructure for crossing the tracks. 4. Emergency service providers, who will experience reduced response times and improved access across the rail lines. 5. Local industries relying on rail transportation will benefit from increased rail capacity and efficiency. 6. Potential future users of the Northern Lights Express passenger rail service, as the project aligns with this proposed route. The specific components and elements included in the proposed project are: 1. Alternatives analysis: This will evaluate various options for alignment and type of grade separation, considering factors such as cost, constructability, environmental impacts, and community preferences. 2. Preliminary engineering to 30% design: This will provide detailed plans and cost estimates for the preferred alternative, including structural design, roadway geometry, and utility relocations. 3. Right-of-way acquisition plan: This will identify any additional property needs for the project and outline the process for acquiring necessary rights-of-way. 4. Public participation plan and implementation: This will ensure robust community engagement throughout the planning process, including public meetings, stakeholder interviews, and online outreach. 5. National Environmental Policy Act (NEPA) review: This will assess the potential environmental impacts of the project and identify any necessary mitigation measures. 6. Multimodal improvements: The project will incorporate planning for a shared-use path for pedestrians and bicyclists, enhancing safety and connectivity for active transportation users. The completion of the construction of this project will address the engineering solution to meet the transportation challenges and outcomes outline above. The outcomes will be measured through the implementation of Performance Measures agreed upon by the Grantee and the Grantor. Performance Measures To assess the outcomes and benefits of the project, the following performance measures will be prioritized and considered: 1. Completion of Purpose & Need Statement and Stakeholder Coordination Plan 2. Completion of Alternatives Analysis 3. Completion of NEPA These performance measures will be tracked throughout the project lifecycle and reported to stakeholders and funding agencies to demonstrate the project's effectiveness in achieving its goals. 87 87 VII. Highway-Rail Grade Crossing Safety Information and Education Programs While this project does not specifically include a Highway-Rail Grade Crossing Safety Information and Education Program, the City of Superior recognizes the importance of public education in promoting rail crossing safety. As part of the broader public engagement efforts for this project, the City will incorporate safety awareness components into its outreach activities. This will include distributing informational materials about rail crossing safety at public meetings, sharing safety tips through social media and the project website, and coordinating with local schools to provide age-appropriate rail safety education. This could include coordination with Operation Lifesaver 2, a Wisconsin non-profit focusing on education, enforcement, and engineering for railroad crossings and railroad rights-of-way. These efforts will complement the physical infrastructure improvements by enhancing public understanding of safe behavior around rail crossings. VIII. Project Location The 28th Street Superior Grade Separation Project is located at latitude 46.706307° and longitude -92.113991°. This location is in the city of Superior, Douglas County, Wisconsin, within the 7th Congressional District. The project area encompasses the existing at-grade crossing of 28th Street over the BNSF Railway tracks and extends to include the nearby crossing of the Northern Pacific Railroad track. A detailed map showing the project location and impacted Congressional district is shown in Figure 4. The map clearly illustrates the project's proximity to key local landmarks, such as nearby schools, emergency service facilities, and major transportation routes. It also highlights the project's relationship to the broader transportation network in Superior and its potential impact on regional connectivity. The proposed Grade Separation aligns with N 28 th St. The termini for the Grade-Separation have not been determined as this time. At the minimum the bridge would span the BNSF Yard and crossing 061459A. The Alternatives Analysis may determine the preferred alternative is to also span crossing 082636K east of the BNSF rail yard. Between 2010 and 2022 the US population has grown by 7.7%, the state of Wisconsin’s population has grown by 3.5%, however the City of Superior’s population of 26,562 in 2022 is down from 27,193 in 2010 3. 2 https://sites.oli.org/state/wi#about 3 census.gov and datausa.io 88 88 Based upon the USDOT Grant Verification Tool displayed in Figure 4, the project location is: • not located in an Area of Persistent Poverty, including the relevant County and/or census tract(s). • not located in a Historically Disadvantaged Community. • in a Census tract designated as a rural area. IX. Grade Crossing Information The following table provides detailed information for each grade crossing involved in the project: Exhibit 2: Grade Crossing Information US DOT Grade Crossing Inventory Number Proposed Improvement Primary Railroad Operator Railroad Infrastructure Owner Roadway Name at Crossing Latitude and Longitude 061459A Separated BNSF BNSF 28th Street 46.706307°, - 92.113991° 082636K Potentially Separated NPR NPR 28th Street 46.706307°, - 92.113991° Project Location Figure 4: USDOT Grant Project Location Verification Tool for the Project Area 89 89 X. Safety Benefit Data Safety is a primary concern for the 28th Street Grade Separation Project. Over the past 5-year history (2019-2023), there has been one vehicle/train incident at either of the two crossings. This incident involved a rear-end collision resulting from a speeding teen driver. While this single incident may not reflect the full safety risk at these crossings, it underscores the potential for serious accidents at this location. While the crossings have fortunately not had incidents, the 28 th Street crossing has been flagged for close calls and unsafe drivers multiple times over the past few years. The current traffic volume is 3,500 vehicles per day, 80 train movements across the yard crossing #061459A, and the NLX potential future passenger rail service provide ample reason to look at ways to eliminate these rail crossings. In contrast to the rail incidents, 28 th Street has seen five (5) bicycle and pedestrian related crashes between 2019-2023, per Wisconsin traffic safety data. The project proposes to include and design a dedicated active transportation facility, which will provide significant safety improvements for these issues. XI. Evaluation and Selection Criteria The 28th Street Superior Grade Separation Project demonstrates strong readiness for implementation through several key factors: 1. Environmental reviews and permits: While formal environmental reviews have not yet commenced, the project is well-positioned to begin this process. The City of Superior has experience managing federal projects and understands the NEPA requirements. Initial environmental scoping has not identified any significant obstacles to project implementation. 2. Agreements with railroads: BNSF Railway has demonstrated strong support for the project through their financial commitment of $247,000 in matching funds. While a formal 49 Figure 5: 28th Street 5-year Crash History, 2019-2023, Source: Community Maps - Traffic Safety for Wisconsin 90 90 U.S.C. 22905-compliant railroad agreement is not yet in place, discussions are underway to develop this agreement. 3. Completion of prerequisite project lifecycle stages: The project is currently at the conceptual design stage, which is appropriate for the planning and preliminary engineering activities proposed in this application. The City has completed initial feasibility assessments and identified the project as a priority in its transportation planning documents. 4. Secured partner commitments and local support: The project has secured strong local support, as evidenced by the financial commitments from both the City of Superior and BNSF Railway. Additionally, letters of support have been received from a diverse range of stakeholders, including the Superior School District, Superior Fire Department, Superior Police Department, and Mayo Clinic Ambulance. Technical Merit: 1. Appropriateness of project elements, budget, and schedule: The project elements are well-aligned with the planning and preliminary engineering phase of a grade separation project. The budget allocation reflects industry standards for similar planning efforts, with appropriate distribution across alternatives analysis, engineering design, public engagement, and environmental review. The proposed schedule allows adequate time for thorough analysis and stakeholder engagement. 2. Qualifications and experience of the project team: The City of Superior has a proven track record of managing federal transportation grants and implementing complex infrastructure projects. The city's engineering department has extensive experience in roadway and bridge design and will be supported by qualified consultants with expertise in rail grade separation projects. 3. Inclusion in relevant planning documents: The project is identified as a Priority Corridor in Superior's 2020 Active Transportation Master Plan, demonstrating its alignment with broader community goals and long-term planning efforts. 4. Use of innovative technologies or techniques: While specific innovative technologies will be explored during the alternatives analysis phase, the project team is committed to considering cutting-edge approaches to grade separation design, construction methods, and multimodal integration. 5. Financial support from impacted rail carriers: BNSF Railway's significant financial commitment to the project underscores the importance of this grade separation to their operations and their recognition of the potential benefits. 6. Multimodal mobility improvements: The project includes planning for a shared-use path for pedestrians and bicyclists, enhancing multimodal connectivity across the rail corridor. This aligns with the city's goals for improving active transportation options and creating a more connected community. 91 91 Project Benefits: 1. Safety improvements at crossings: The grade separation will eliminate the potential for vehicle-train collisions at this location, significantly enhancing safety for all road users. Safety is a primary project purpose, and this Project has clear, direct, data-driven, and significant benefits to safety by protect non-motorized travelers from safety risks and providing multimodal improvements to cross the physical barrier of train tracks and a rail yard. This project addresses the intersection of 28th Street and an existing at-grade crossing in the middle of an active rail yard. By replacing the at-grade crossing with a grade separation, the potential for passenger vehicle/train collision will be avoided. This conflict will also be removed for pedestrians and bicyclists, as a shared-use path will be provided on the grade separation for their use. The 28th Street corridor sees an average of 3,500 vehicles and up to 80 switching moves by trains per day at crossing 061459A 4 (yard crossing), and 2 trains per day at crossing 082636K 5. Fortunately, there has only been one vehicle/train incident at the crossings over the past 5-year history (2019-2023), in which a rear-end collision resulted from a speeding teen driver, crash history is shown in Figure 5. The 061459A crossing is currently equipped with active warning devices consisting of mast mounted flashing lights, as shown in Figure 6. Entirely removing the road/rail intersection will result in the safest way to have vehicles, bikes and pedestrians traverse the yard. The 28 th Street corridor serves as a vital multi-modal link between the east and west side of the BNSF rail yard, providing direct access to schools, recreational trails, and other destinations. The street is a designated bike route, with painted bike sharrows. There have been five (5) injury crashes involving a bicycle or pedestrian on 28 th Street in this stretch between Elmira Ave and Tower Ave. This project would protect non-motorized travelers by designing a grade separation from the railroad as well as additional physical separation improvements from the roadway. This Project will be designed following a safe systems approach and aligns with the USDOT’s National Roadway Safety Strategy objectives of safer people, safer roads and safer speeds. The Project’s objectives also align with the Wisconsin Highway Rail Crossing State Action Plan by providing geometric crossing improvements to at-grade crossings. 4 Per FRA crossing inventory data https://railroads.dot.gov/safety-data/crossing-and-inventory-data/crossing- inventory-dashboards-data-downloads 5 Per BNSF Twin Cities Division Transportation Department, as of January 2 nd, 2024 Figure 6: 28th Street Crossing, Source: Google Streetview 92 92 2. Grade separations or crossing closures: The project will result in at least one multi- track at grade crossing closure, to be replaced by a grade separation, with the potential for additional crossing closures or improvements to be identified during the planning process. 3. Mobility enhancements for people and goods: By eliminating crossing delays, which currently can total up to 140 minutes per day, the project will greatly improve mobility for both vehicular traffic and active transportation users. This will also enhance the efficiency of goods movement, particularly for local industries relying on timely transportation. The 28th Street corridor is identified as a “Priority Corridor” in the Superior Active Transportation Plan (2018) and the stretch between Elmira Ave and Tower Ave was recommended to be enhanced by a 10’ side path in the medium-term plan. This project received multiple letters of support indicating the importance of providing multimodal improvements along 28 th Street, including from the Superior School District. This Project significantly enhances active transportation facilities extending east-west across the rail lines, which currently pose a barrier to active transportation users. Consequently, it boosts accessibility to green spaces located to the west of the Project area. Moreover, it facilitates connections between neighborhoods situated west of the rail line and essential community areas to the east, including neighborhood retail centers, middle and high schools, and the University of Wisconsin, Superior east of the rail yard. Adding a shared path to the grade separation allows the vulnerable active transportation users to move east- west along the 28th Street corridor free of potential conflict with train activity in the yard, thus improving the safety of the users. Improving Mobility and Community Connectivity is a primary purpose of this Project. Although, data is currently being collected, results indicate that there are clear, direct, data-driven benefits achieved by this Project, by • Improving access to daily destinations like jobs, healthcare, grocery stores, schools, places of worship, recreation, or parks through transit and active transportation. • Improve public health by adding new facilities that promote walking, biking, and other forms of active transportation. • Remove physical barriers for individuals by reconnecting communities to direct, affordable transportation options; and • Include transportation features that increase the accessibility for non-motorized travelers in underserved communities. 28 th Street is a vital east-west corridor for the City of Superior, as it provides a direct connection to many destinations including Superior High School, University of Wisconsin at Superior, Heritage Park, and the Superior Municipal Forest. The corridor is one of four streets that connect east-west across the BNSF yard and train tracks, Figure 7: Bicyclist Design User Profiles, Source: USDOT Bikeway Selection Guide 93 93 with the other three being 21st Street, Highway 2, and Winter Street, each are half-mile spacing north of 28th Street, respectively. Currently, 21st Street and Highway 2 are grade separated, however both 21st Street and Highway 2 have a constrained 5-foot sidewalk with concrete barrier on one side and chain fencing on the other. This greatly impacts a user’s comfortability and reduced the usable width of the infrastructure when accounting for walkway shy distances. Figure 8 shows the walkshed from the crossing 061459A. As shown in Figure 9, the existing crossing does not include adequate ADA access across the tracks. The roadway is marked as a shared street, with bike sharrows, while the speed limit is not indicated to drivers. The existing utility poles are roughly 5 feet off the edge of pavement. There are well over a hundred daily users that utilize 28 th Street to walk and bike across the rail line in its current condition. People utilizing 28th Street include 38% under 16 years old, 19% have no vehicles available to their household while 52% have more than two vehicles available at home, and they come from a variety of income scenarios. Trip Destinations for those making this movement is represented in Figure 10, it shows users from many census block groups utilize this roadway link. The 28 th Street Grade Separation would reduce barriers for active transportation modes by not only removing the current at-grade crossing, but additionally the design is expected to include a separated trail or other active transportation facility. This corridor is identified in the Superior Active Transportation Plan as a priority corridor for improvements, with the stretch of 28 th Figure 8: Walkshed from Project Location (5, 10, and 15 minute) Figure 9: 28th Street Crossing, Source: Google Streetview 94 94 between Elmira Ave and Tower Ave specifically recommended for a 10-foot wide side path in the “Medium-term.” As shown in Figure 11, 28th Street connects Disadvantaged Communities of Census Tract 020600. This project will facilitate improved access for these individuals. The project will take on a Complete Streets approach as practical; incorporate Americans with Disabilities Act (ADA) and Universal Design improvements in keeping with the Public Rights of Way Accessibility Guidelines (PROWAG) as feasible throughout the project. The potential future Northern Lights Express (NLX) project, alignment shown in Figure 12, would also introduce a new intercity passenger rail service between Minneapolis, MN and Duluth, MN, passing through and including a stop in Superior, WI. The new service would offer a new transportation connection for residents in the largely rural and small city markets of East Central Minnesota and the City of Superior, who mostly rely on limited intercity bus or automobile travel for all trips. It is important that intercity passenger rail and its station stops provide greater intermodal connectivity to ensure the biggest benefit to residents for increased multimodal options for travelers. The new intercity passenger rail service will look to be cost-effective, using freight railroad infrastructure, but working in concert with freight railroads to coordinate needed rail improvements to support the new intercity passenger rail service. Environmental and community benefits: Reduced vehicle idling times will lead to decreased emissions, improving local air quality. Enhancing Figure 12: Proposed NLX Alignment and Key Destinations Figure 10: 28th Street Walking & Biking Destinations, Source: Replica Figure 11: EPA IRA Disadvantaged Areas 95 95 multimodal connectivity will promote active transportation, further reducing vehicle emissions and promoting public health. The 28th Street Superior Grade Separation project will run along 28th Street from roughly Elmira Ave to Tower Ave. This alignment is the edge of three Census Tracts in Douglas County, WI: Tracts 206, 207, and 208. Using the USDOT’s Equitable Transportation Community (ETC) Explorer (arcgis.com) as a resource to analyze the project area’s transportation related disadvantages. As shown in Figure 13 below, Census Tract 207 is categorized as Disadvantaged for four of the five components: Climate & Disaster Risk Burden (68%), Environmental Burden (86%), Health Vulnerability (65%), and Social Vulnerability (70%). Environmental sustainability is a primary project purpose AND this Project has clear, direct, data-driven, and significant benefits that explicitly considers climate change and environmental justice, by doing the following: • Reducing transportation-related air pollution and greenhouse gas emissions in disadvantaged communities; or • Aligns with the State Climate State Carbon Reduction Strategy • Reduce vehicle miles traveled specifically through modal shift to transit, rail, or active transportation. As noted in Wisconsin’s Climate Change Report , an intense heat wave struck Wisconsin in 2012 which raised the state's rates of heat exhaustion, heat stroke, and heat stress. Since then, Wisconsin has seen more severe weather phenomena, such as polar vortexes, flooding, and tornadoes. Wisconsin saw one of its longest periods of below-freezing temperatures in 2019 due to a polar vortex, with wind chills as low as minus 60ºF in certain areas of the state. Extreme precipitation has already cost Wisconsin cities tens to hundreds of millions of dollars in damages over the last ten years. More precipitation is causing storm surges and flooding, which affect businesses and communities around the Mississippi River and the Great Lakes as well as beachfronts and waterways in Wisconsin. Precipitation and temperature variability are also increased in a wetter, warmer climate. Wisconsin's cattle and agricultural industries, which rely Figure 13: USDOT Equitable Transportation Community (ETC) Explorer for Census Tract 55031020600 96 96 on consistent weather patterns, are already suffering from these dramatic weather fluctuations. Wisconsin's economy and environment are directly impacted by the effectiveness and dependability of its transportation network and related infrastructure, which in turn affects the state's 5.8 million citizens' quality of life. Transportation-related emissions originate directly from the burning of fossil fuels used to power automobiles. On the other hand, the kinds of fuel utilized, and the vehicle miles traveled (VMTs) can greatly affect the overall amount of emissions. With the transportation sector accounting for 24% of all emissions in 2017, it is the second-largest source of emissions across the economy in Wisconsin. Transportation end-use emissions are produced by a variety of vehicles, including cars, trucks, buses, off-road vehicles, commercial airplanes, boats, and rail. Over three-quarters of transportation emissions are produced by on-road vehicles, with light-duty vehicles making up the greatest portion of the sector nationally at 59%, followed by medium- and heavy-duty vehicles at 23%. Even though Wisconsin's transportation emissions have decreased by 6% since 2005, adopting and developing policies that lessen or eliminate our reliance on fossil fuels is essential to providing its residents with a sustainable transportation future. These tactics include the use of modern, efficient technologies and low-carbon fuels, as well as the reduction of VMTs through mode switching, active transportation, and thoughtful land-use planning. By implementing these mobility solutions, communities of low and moderate income can benefit from enhanced air quality, safer streets, local economic development, and increased access, among other social, health, and economic advantages. This Project aligns with the Governor’s Climate Change Initiative by providing a grade separation over the BNSF Superior Yard, removing at-grade crossings which will reduce vehicle idling as vehicles will no longer need to wait for the trains which switch across this crossing during daily yard activity. The yard crossing may be occupied by train traffic for up to 140 minutes per day. Users of active transportation will benefit from increased safety, user confidence, and improved experience with the installation of a side path. As described in the Innovation Section below to align with the US National Blueprint for Transportation Decarbonization, planning for this project will include ways to incorporate lower- carbon pavement and construction materials as described in the Environmental Protection Agency’s interim guidance on low-carbon materials. The City of Superior will also evaluate the ability to recycle any materials from the construction as well as look at building materials, material sourcing, and construction methods that minimize construction related emissions. Additionally, we have consulted the National Risk Index for natural hazards. The project area has a relatively high risk score for winter weather events, which can exacerbate safety issues at at-grade crossings due to reduced visibility and slippery conditions. The proposed grade separation would mitigate these weather-related risks by eliminating the potential for vehicle- train conflicts regardless of weather conditions. 97 97 According to FEMA, the Social Vulnerability for Census Tract 020600 is rated as Relatively High, with a score of 63.4 compared to the National Percentile (shown in Figure 13: FEMA National Risk Index Map). Thus, the census has a higher susceptibility to natural hazards when compared to the rest of the U.S. It is of note that the Census Tract 021100, to the north, has a social vulnerability score of 92.36. Improving Quality of Life for the residents that live near the BNSF railyard is a primary purpose of this Project. Although, data is currently being collected, results indicate that there are clear, direct, data-driven benefits achieved by this Project, by • Improving access to daily destinations like jobs, healthcare, grocery stores, schools, places of worship, recreation, or parks through transit and active transportation; and • Improving public health by adding new facilities that promote walking, biking, and other forms of active transportation. This will be accomplished by adding dedicated bike and pedestrian facilities on the grade separation which will improve the safety and mobility of the active transportation users along 28 th Street as they travel to daily activities including work, school, shopping, and recreating. The current sidewalk that is in disrepair, has gaps and is not inviting. Replica travel data shows that there are over 140 users that walk or bike along 28 th Street despite the substandard sidewalk and simple sharrows on the roadway. According to data from Replica, over 40% of these users are K- 12 students and 19% are from zero vehicle households. The school district strongly supports this project and improvements to the multimodal network on 28 th Street, as reflected in their letter of support. While the specific design will be the outcome from the alternatives analysis, the City’s Active Transportation Plan recommended constructing a 10-foot physically separated side path. Furthermore, grade separating the corridor will facilitate the creation of direct and efficient pathways between key destinations in Superior such as parks, schools, residential areas, and hospitals. By eliminating the need to navigate across the rough train tracks and roadways, more pedestrians and cyclists will be empowered to choose active transportation options for their daily commutes and errands. This accessibility and convenience factor will play a crucial role in encouraging individuals of all ages and abilities to embrace walking and biking as viable modes of transportation. Moreover, the design of a grade separation incorporates various safety features and amenities tailored specifically to the needs of pedestrians and cyclists. These include well-marked crossings, signalized intersections, adequate lighting, and barrier systems to prevent unintended encroachment onto vehicular lanes. Figure 14: FEMA National Risk Index Map 98 98 In concert with the existing grade separation needs on 28th, the potential future Northern Lights Express (NLX) would also introduce a new intercity passenger rail service between Minneapolis, MN and Duluth, MN, passing through and including a stop in Superior, WI. The new service would offer a new transportation connection for residents in the largely rural and small city markets of East Central Minnesota and the City of Superior, who mostly rely on limited intercity bus or automobile travel for all trips. It is important that intercity passenger rail and its station stops provide greater intermodal connectivity to ensure the biggest benefit to residents for increased multimodal options for travelers 6. This new service would play a crucial role in providing freedom of movement for all of Superior’s residents, as the project proposes a station along the Coal Runner alignment. The provision of a grade separated 28 th Street could play an important role in providing access to a potential future station for residents on both sides of the train tracks. The Census Tracts immediately adjacent to the project area are not identified as Justice40 (CEJST), however the Tract 020600 is identified as an EPA IRA Disadvantaged Community, as shown again in Figure 15. This project would provide additional access and reduced environmental impacts for these communities and provide alternative transportation options for all of the City of Superior to access the municipal forest and associated recreational facilities to the southwest of the project area. According to the EPA EJScreen , the area within 1 mile of crossing 061459A has many EJ indexes above 70 for National and State Percentiles. The highest National indexes include RMP Facility Proximity (76%), Underground Storage Tanks (74%), Traffic Proximity (74%), Diesel Particulate Matter (73%), Lead Paint (73%), and Superfund Proximity (72%). This project will have the ability to directly impact and potentially reduce these risks for the surrounding community. 4. Improved emergency service access: The grade separation will ensure unimpeded access for emergency vehicles, potentially reducing response times and improving public safety 6 Northern Lights Express Environmental Assessment Figure 15: 28th Street Grade Separation Project Area 99 99 outcomes. The detour route for these two crossings uses 21st Street, ½ mile north, in most cases. This detour adds a mile and roughly 3 minutes for any origin or destination that is south of 28th Street, such as the Superior Fire Department, Essentia Health Urgent Care, and other community points of interest like the Walmart Supercenter. 5. Economic benefits: Improved rail access and efficiency will support local industries and potential port expansion efforts, fostering economic growth in the region. The construction phase of the eventual grade separation will also create local jobs and economic activity. The 28th Street Grade Separation will have direct and significant benefits to Economic Competitiveness and Opportunity by doing the following: • Improve intermodal and/or multimodal freight mobility, especially for supply chain bottlenecks; and • Promote long-term economic growth and other broader economic and fiscal benefits. A grade separation of 28th Street will remove a bottleneck for the BNSF yard, where dozens of rail tracks converge at the road crossing, then re-expand to the north. This convergence requires train breaking and stacking that can be inefficient and timely, adding to the overall delay to road users and railroad customers. The Duluth / Port of Superior is the largest and busiest port on the Great Lakes and is ranked among the top 20 ports in the U.S. by cargo tonnage. Further, the port is one of North America’s major links to the world markets and as such the Port is a significant component of the region’s economy and supports a significant number of well-paying and technical jobs. The C. Reiss Site project and a grade separation of 28 th Street would improve efficiency of train traffic and cargo throughout the Ports. Both ports have applied for Port Infrastructure Development Program (PIDP) funds to improve operational efficiencies for various sites, including the C. Reiss Coal Company’s desire to grow and improve a dock on the north edge of Superior. A successful 2021 PIDP will reinvest into the City of Superior and help the company relocate from the western bank of the San Louis Bay, and as they do so they would be able to double their current capacity, adding over 1 million tons of material capacity per year 7. This is specifically attributed to the increased rail capacity of the proposed location, creating further benefit from grade separation of 28th Street, which would allow for more efficient switching moves in the BNSF yard, remove safety concerns of road users on the track as the number of trains increase, and allow for future expansion of the yard. The City of 7 Per Successful 2021 PIDP Application by the Port of Superior and news release by The C. Reiss Company Figure 16: PIDP Proposed Dock Investments 100 100 Superior strives to improve the mobility of both people and goods. The proposed improvements for Dock Investments are shown in relation to this project in Figure 17. To future promote local inclusive economic development and entrepreneurship, the City of Superior will include the utilization of Disadvantaged Business Enterprises or 8(a) firms in the requirements of the consultant selection process and implement this Planning grant. This will be done to promote long-term economic growth and broaden economic and fiscal benefits for the community, especially the underrepresented populations served by this project. 6. Use of local labor: While this planning phase will primarily involve professional services, the City of Superior is committed to utilizing local firms and labor to the greatest extent possible, both in this phase and in future construction activities. Administration Priorities: 1. Improving transportation safety: The elimination of the at-grade crossing will significantly reduce the risk of vehicle-train collisions, enhancing safety for all road users. 2. Addressing climate change and sustainability: By reducing vehicle idling times and promoting active transportation, the project will contribute to reduced greenhouse gas emissions and improved air quality. 3. Advancing equity and environmental justice: The project will enhance multimodal connectivity in an area with environmental justice concerns, improving access to schools, jobs, and other essential destinations for underserved communities. 4. Supporting quality jobs and workforce development: The planning phase will create opportunities for local engineering and planning professionals, while the eventual construction phase will generate significant employment opportunities in the building trades. XII. Project Implementation and Management The City of Superior proposes a robust project implementation and management approach: 1. Contracting and oversight plans: The City will utilize its established procurement processes, which comply with federal requirements, to select qualified consultants for the planning and engineering work. A project manager from the City's engineering department will provide day-to-day oversight, with regular reporting to the City Council and other stakeholders. 2. Risk management strategies: The project team will develop a comprehensive risk register at the outset of the project, identifying potential technical, financial, and schedule risks. Mitigation strategies will be developed for each identified risk, with regular monitoring and updating throughout the project lifecycle. 3. Relevant experience managing similar projects: The City of Superior has successfully managed several federally-funded transportation projects in recent years, including roadway reconstructions and multimodal improvements. While a grade separation project presents unique 101 101 challenges, the City's experience with complex infrastructure projects and federal grant management provides a strong foundation for success. 4. Technical qualifications of key personnel: The project will be led by the City's Chief Engineer, who has over 20 years of experience in transportation infrastructure design and project management. The team will also include specialists in environmental review, public engagement, and railroad coordination, either from City staff or qualified consultants. 5. Plan for utilizing small businesses: The City of Superior is committed to promoting opportunities for small and disadvantaged businesses. The RFP for consulting services will encourage the participation of Disadvantaged Business Enterprises (DBEs) and small businesses, either as prime contractors or subcontractors. The City will work with the Wisconsin DOT's DBE office to identify qualified firms and set appropriate participation goals for the project. 102 102 Attachment 2 PROJECT-SPECIFIC TERMS AND CONDITIONS Version Date: December 11, 2023 103 103 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 2 Project-Specific Terms and Conditions Table of Contents ARTICLE 1: PROJECT­SPECIFIC DESIGNATIONS ................................................................................................. 4 Recipient .......................................................................................................................................... 4 Project and Purpose ........................................................................................................................ 4 Program Designations ...................................................................................................................... 4 ARTICLE 2: SPECIAL TERMS AND CONDITIONS ................................................................................................ 4 ARTICLE 3: ADMINISTRATIVE INFORMATION .................................................................................................. 4 Application ....................................................................................................................................... 4 FRA Awarding Official ...................................................................................................................... 5 Federal Award Date ......................................................................................................................... 5 Program Name and Assistance Listings Number ............................................................................. 5 Recipient’s Unique Entity Identifier ................................................................................................. 5 Federal Award Identification Number ............................................................................................. 5 ARTICLE 4: STATEMENT OF WORK ................................................................................................................... 5 General Project Description ............................................................................................................. 5 Project Location ............................................................................................................................... 6 Project Scope ................................................................................................................................... 6 4.4 Implement Required Environmental Commitments ..................................................................... 12 ARTICLE 5: AWARD DATES AND ESTIMATED PROJECT SCHEDULE ................................................................. 14 Award Dates .................................................................................................................................. 14 Estimated Project Schedule ........................................................................................................... 14 ARTICLE 6: AWARD AND PROJECT FINANCIAL INFORMATION....................................................................... 15 Award Amount .............................................................................................................................. 15 Federal Obligation Information ..................................................................................................... 15 Federal Authorization and Funding Source.................................................................................... 15 Funding Availability........................................................................................................................ 15 Approved Project Budget .............................................................................................................. 15 Pre­Award Costs ............................................................................................................................ 17 Phased Funding Agreement ........................................................................................................... 17 ARTICLE 7: PERFORMANCE MEASUREMENT INFORMATION ......................................................................... 17 104 104 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 3 ARTICLE 8: ENVIRONMENTAL COMPLIANCE .................................................................................................. 18 ARTICLE 9: CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS ..................................................... 19 Consideration of Climate Change and Environmental Justice Impacts .......................................... 19 Supporting Narrative ..................................................................................................................... 20 ARTICLE 10: RACIAL EQUITY AND BARRIERS TO OPPORTUNITY..................................................................... 21 Efforts to Improve Racial Equity and Reduce Barriers to Opportunity .......................................... 21 Supporting Narrative ..................................................................................................................... 22 ARTICLE 11: LABOR AND WORK ..................................................................................................................... 22 Efforts to Support Good­Paying Jobs and Strong Labor Standards ................................................ 22 Supporting Narrative ..................................................................................................................... 24 105 105 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 4 ARTICLE 1: PROJECT-SPECIFIC DESIGNATIONS Recipient This Agreement (Agreement) is between the Federal Railroad Administration (FRA) and the City of Superior, WI (the Recipient). Project and Purpose The purpose of this award is to fund a Rail Crossing Elimination Program (RCE) for Fiscal Years (FY) 2023 and 2024 grant for the 28th Street Grade Separation (the Project), as described in Article 4 of this Attachment 2, to help achieve the goals identified in the Notice of Funding Opportunity forAssisted Listed Number 20.327, Railroad Crossing Elimination that solicited applications for Federal financial assistance. FRA and the Recipient will accomplish that purpose by timely completing the Project and ensuring that this award does not substitute for non­Federal investment in the Project, except as proposed in the Application. Program Designations Research and Development. This award is not for research and development. Project Size. This award is for a non­Major Project as that term is defined in FRA Guidance on Development and Implementation of Railroad Capital Projects, January 11, 2023 (Railroad Capital Projects Guidance). Phased Funding. This award is not a phased funding agreement as further discussed in Section 6.7 of this Attachment 2. Grant or Cooperative Agreement. This award is made as a Grant Agreement Security Risk. This award is for a Project that has a low security risk. Rural Area. The information the Recipient provided to FRA, including in the Application, demonstrates this award is for a Project in a Rural Area. ARTICLE 2: SPECIAL TERMS AND CONDITIONS There are no special terms for this award. ARTICLE 3: ADMINISTRATIVE INFORMATION Application Application Title: 28th Street Grade Separation Application Date: September 23,2024 106 106 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 5 FRA Awarding Official FRA Office of Railroad Development Federal Railroad Administration 1200 New Jersey Ave, SE Washington, DC 20590 FRA­Grants@dot.gov Federal Award Date The “Federal Award Date” is the effective date of this Agreement, as defined under Section 24.4 of Attachment 1 of this Agreement. Program Name and Assistance Listings Number For the Rail Crossing Elimination grant program, the Assistance Listings Number is 20.327 and the Assistance Listings Title is Railroad Crossing Elimination. Recipient’s Unique Entity Identifier The Recipient’s Unique Entity Identifier, as defined at 2 C.F.R. § 25.415, is listed in Section 1B on the Agreement cover sheet. Federal Award Identification Number The Federal Award Identification Number is listed in Section 2 on the Agreement cover sheet as the “Agreement Number.” ARTICLE 4: STATEMENT OF WORK General Project Description The 28th Street Grade Separation Project in Superior, WI, is a critical infrastructure initiative aimed at improving safety and mobility by eliminating two at­grade rail crossings, #061459A and #082636K. These crossings, situated within a high­traffic rail yard operated by BNSF and traversed by a future Northern Lights Express (NLX) passenger rail, pose significant safety risks and mobility challenges due to the frequency of train movements and vehicular traffic. The project will involve a thorough evaluation of alternatives for grade separation, considering various alignments, lengths, and methods, which will culminate in the selection of a cost­effective and efficient design. The focus will also include multimodal improvements to accommodate pedestrians and cyclists, enhancing overall community connectivity. The planning phase of the project, supported by the Rail Crossing Elimination (RCE) Grant Program, encompasses several key activities. These include preliminary engineering, public outreach, National Environmental Policy Act (NEPA) review, and right­of­way planning. The primary objective is to design a grade separation that spans the BNSF rail yard, thereby mitigating the risk of vehicle­train collisions and reducing traffic delays. The project will also address increased rail capacity and efficiency, which are vital for supporting local industrial developments and the potential introduction of the Northern Lights Express (NLX) passenger rail service. Anticipated benefits of the 28th Street Grade Separation Project include improved safety at the rail 107 107 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 6 crossings, enhanced mobility for both people and goods, reduced emissions from decreased idling times, and better access for emergency services. The project is expected to foster economic growth by improving rail access to key industrial areas and supporting the port terminal modernization efforts in Superior. Additionally, the inclusion of a shared­use path as part of the grade separation will significantly enhance the infrastructure for active transportation users, promoting healthier and more sustainable travel options within the community. Project Location Exhibit 1: Proposed Grade Separation along N 28th St, Superior, WI RCE funds will be used to perform pre­construction planning activities to support the design of an east­ west grade separation across a Burlington Northern­Sante Fe (BNSF) rail yard and a Northern Pacific Railroad (NPR) track along 28th Street in Superior, WI. The Project is located on N 28th St, Superior, WI in the 7th District. GIS Coordinates are Lat 46.706307°, Lon ­92.113991°. The termini for the Grade­ Separation will be an outcome of the planning level project. At the minimum the grade separation would span the BNSF Yard and crossing 061459A. The Alternatives Analysis may determine the preferred alternative is to also span crossing 082636K east of the BNSF rail yard. Project Scope The Recipient will notify FRA in writing of any requested changes in Project Scope and will not proceed with the changed scope unless approved by FRA in writing. If approved, changes to Project Scope may require additional environmental review or an amendment to this Agreement. Task 1: Project Administration and Management Subtask 1.1: Project Administration The Recipient will perform all tasks required for the Project through a coordinated process, which will involve affected railroad owners, operators, and funding partners, including: 108 108 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 7 BNSF Railway, Railroad Northern Pacific Railroad (NPR) – or future passenger rail operator FRA The Recipient will facilitate the coordination of all activities necessary for implementation of the Project. The Recipient will: participate in a Project kickoff meeting with FRA following award; complete necessary steps to hire a qualified consultant/contractor to perform required Project work, as necessary; hold regularly scheduled Project meetings with FRA; inspect and approve work as it is completed; and participate in other coordination, as needed. Subtask 1.2: Project Management Plan The Recipient will prepare a Project Management Plan (PMP), that describes how the Project will be implemented and monitored to ensure effective, efficient, and safe delivery of the Project on time and within budget. The PMP will describe, in detail, the activities and steps necessary to complete the tasks outlined in this Statement of Work. The PMP will include a Project Schedule and Project Budget for the work to be performed under this Agreement. The Project Schedule will be consistent with the Estimated Project Schedule in Section 5.2 of this Attachment 2, but provide a greater level of detail. Similarly, the Project Budget should be consistent with the Approved Project Budget in Section 6.5 of this Attachment 2, but provide a greater level of detail. The Recipient will submit the PMP to FRA for review and approval. The Recipient will implement the Project as described in the approved PMP. The Recipient will not begin work on subsequent tasks until FRA has provided written approval of the PMP, unless FRA has provided pre­award authority for such work under Section 6.6 of this Attachment 2. FRA will not reimburse the Recipient for costs incurred in contravention of this requirement. FRA may require the Recipient to update the PMP. The Recipient will submit any such updates to FRA for review and approval, and FRA will determine if updates to the PMP require an amendment to this Agreement. The Project Budget and Project Schedule may be revised consistent with Article 5 of Attachment 1 of this Agreement without amending this Agreement. 109 109 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 8 Subtask 1.3: Project Closeout The Recipient will submit a Final Performance Report as required by Section 7.2 of Attachment 1 of this Agreement, which should describe the cumulative activities of the Project, including a complete description of the Recipient’s achievements with respect to the Project objectives and milestones. Task 1 Deliverables: Deliverable ID Subtask Deliverable Name 1.1 1.2 Project Management Plan 1.2 1.3 Final Performance Report Task 2: Purpose & Need Statement and Stakeholder Coordination Plan The Grantee acknowledges that work on Tasks 3 will not commence until the Task 2 Deliverables, have been completed, submitted to FRA, and the Grantee has received approval in writing from FRA to commence work on subsequent tasks. FRA will not reimburse the Grantee for costs incurred in contravention of this requirement. Subtask 2.1: Preliminary Purpose and Need Statement The Grantee will develop, and submit to FRA for approval, a preliminary Purpose and Need statement to serve as the foundation for the Alternatives Analysis. The preliminary Purpose and Need is for project planning and will be subject to agency and public review and comment as part of a potential future NEPA process. Subtask 2.2: Stakeholder Coordination Plan A Stakeholder Coordination Plan will need to identify key contacts within agencies, civic and business groups, public officials, relevant interest groups, present and potential riders/users, private service providers/shippers, other key stakeholder groups, and the public. The Stakeholder Coordination Plan will also identify potential state, local, and Federal agencies that should be consulted with. The plan will identify involvement activities linked to key milestones in the planning/conceptual engineering and alternatives analysis process and align with the Detailed Project Schedule from Task 1. The Grantee will prepare, and submit to FRA for approval, a Stakeholder Coordination Plan. Task 2 Deliverables: Deliverable ID Subtask Deliverable Name 2.1 2.1 Preliminary Purpose & Need Statement 110 110 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 9 2.2 2.2 Stakeholder Coordination Plan Task 3: Alternatives Analysis The Grantee will submit to FRA, for approval, an Alternatives Analysis report, which will determine the preliminary range of reasonable alternatives to carry forward into future project development phases. The Grantee must consider at least two alternatives which can include the no­build alternative along alternative alignments and grade separation types (viaduct or underpass). The Alternatives Analysis report will build upon completed and approved deliverables identified in Tasks 1 through 3. Prior to initiating work under Task 3 the Grantee will submit to FRA, for approval, a memo documenting the methodologies to be employed in carrying out Alternative Analysis. Subtask 3.1: Existing Conditions The Grantee will assess the condition of current rail operations and infrastructure and other conditions within the project area. This should include information on the roadway crossing characteristics, train operations and safety, maintenance activities, engineering/capacity constraints of the existing facilities or infrastructure. x Roadway Crossing Features: The number of roadway lanes, speed limit, traffic flows and speeds, types of traffic control, land use, buildings, and other data. x Train Operations: The number of train tracks, train speed and train traffic through the railroad crossings. x Safety: The safety of the highway­rail grade crossings (including crash history, near misses, injuries, fatalities, or incidences of rail­related trespassing for each railroad crossing, if such exists), and deficiencies that hinder achieving a higher level of safety. Subtask 3.2: Transportation Technical Analysis The Grantee will conduct a transportation technical analysis of the railroad crossing. The Federal Highway Administration Scoping and Conducting Data-Driven 21st Century Transportation System Analyses (2017) 1 document can be used as a reference to help scope the technical analysis. The transportation technical analysis should be completed for each alternative. General considerations for the technical analysis should include the following items listed below. x Traffic counts per day that use the roadway now versus the traffic counts expected in the future, including any seasonal variation in traffic counts. Include pedestrian and bicycle counts if this applies x Determine the travel delay including the peak demand for the railroad crossing x Frequency and duration of roadway occupation by trains including sidewalks and bicycle lanes and consider peak demand for train operations x Discuss the direction the travel delays are occurring in (northbound, southbound, westbound, and eastbound) 111 111 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 10 x The character of the adjacent road network and whether the railroad crossing creates access issues for the community, and does this consider future development projections close to the railroad crossing? For relevant circumstances, access issues for schools and/or emergency facilities If the Grantee is performing a microsimulation, section 6 (pages 42­55) in the Case Studies to Develop a Highway-Rail Grade Crossing Analysis Framework Using Microsimulation (2023) 2 document should be used for guidance. Additionally, the Grantee should provide the supporting data for the technical analysis and if any traffic analysis tool(s) were used to perform the work. The Grantee will work with the FRA to determine any further technical analysis and traffic simulation required to perform a thorough assessment of vehicle movements impacted by potential grade crossing changes. Subtask 3.3: Conceptual Engineering The Grantee will develop conceptual engineering to a level sufficient to identify necessary infrastructure improvements and determine the cost estimates for each alternative. Conceptual engineering will include developing design criteria, track work concepts, structural concepts and roadway crossing concepts for grade separation or closure, track relocation, installation of protective devices (signals, signs, other and measures that improve safety), mobility enhancements, and technology solutions, etc. The Grantee will coordinate with key stakeholders including FRA on this task. Conceptual engineering designs will form the basis of the Project design and construction. The scope elements should fulfil the high­level conceptual engineering requirements found in the Railroad Capital Project Guidance (2023) document section V.b.ii.D. Subtask 3.4: Capital Cost Estimates The objective of this task is to identify the capital cost to design, construct, and implement the proposed project. The Grantee will provide capital cost estimates for each alternative, including quantity and unit cost of each element relating to core track structures, roadway crossing enhancements, land acquisition, contingencies, and any new facilities or upgrades required for train operations. Subtask 3.5: Preliminary Environmental Constraints Analysis The objective of this task is to identify key environmental considerations in the development of the alternatives to support future lifecycle stages of the project’s development. The Grantee will perform a high­level qualitative socioeconomic, cultural, human environment, and natural environmental resource inventory and preliminary effects analysis as part of the development and screening of options concurrently with tasks 3.3 and 3.4. The Grantee can use the Railroad Capital Project Guidance (2023) document section IV.b.ii.E as a high­level reference for developing the preliminary environmental analysis. Subtask 3.6: Public Input to Engineering Alternatives The objective of this task is to engage the public and stakeholders in the evaluation and selection of a preferred alternative for the project. The Grantee will utilize the deliverables from Task 2 to that includes outreach methods, communication strategies, and feedback mechanisms. The Grantee will also coordinate with relevant federal, state, and local agencies to solicit their input and address their concerns. The Grantee will document the public and agency comments and responses and use them to inform the decision­making process. The Grantee will apply the screening criteria and performance measures developed in previous tasks to compare the alternatives and identify a preferred alternative that best meets the project objectives and minimizes adverse impacts. 112 112 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 11 Task 3 Deliverables: Deliverable ID Subtask Deliverable Name 3.1 3.1 Existing Conditions Report 3.2 3.2, 3.3, 3.5 Alternative Analysis (with supporting Conceptual Engineering, Transportation Analysis, and Preliminary Environmental Constraints Analysis) 3.3 3.4 Capital Cost Estimates 3.4 3.6 Public Input to Engineering Alternatives Task 4: Preliminary Design & NEPA Based on the results of the Alternatives Analysis and the feedback from the public involvement process, the Grantee will select a Locally Preferred Alternative (LPA) for the grade separation project. Prior to initiating work under Subtask 4, the Grantee will submit to FRA, for approval, a memo documenting the selection criteria and rationale for the LPA. Subtask 4.1: Preliminary Design The Grantee will submit to FRA, for approval, a Preliminary Design report, which will provide a detailed description of the LPA, including its alignment, profile, layout, structures, drainage, utilities, right­of­way, environmental impacts, and cost estimate. The Preliminary Design report will also identify any major issues or risks that may affect the project schedule, budget, or feasibility. The Grantee will use the approved deliverables from Tasks 1 through 3 as inputs for the Preliminary Design. Subtask 4.2: Environmental Engineering and Design The Grantee will perform the following environmental engineering and design activities for the LPA, as part of the NEPA application: x Build on previous Tasks related to environmental concerns such as topography, geology, hydrology, soils, vegetation, wildlife, cultural resources, hazardous materials, noise, air quality, and visual impacts as appropriate for a NEPA document application. x Develop preliminary engineering plans and drawings for the LPA, including horizontal and vertical alignments, cross­sections, profiles, drainage structures, utility relocations, right­of­way requirements, and construction staging areas. Perform preliminary design calculations and analyses to evaluate the feasibility, constructability, and performance of the LPA, such as grading, drainage, hydraulic, structural, and geotechnical analyses. x Prepare supporting documentation for a NEPA application that summarizes the findings and 113 113 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 12 recommendations of the environmental engineering and design activities. The Grantee will submit the environmental engineering and design deliverables to FRA for approval. Subtask 4.3: NEPA Review The Grantee will prepare and submit to FRA, for approval, NEPA documentation that will record the environmental analysis and evaluation of the LPA, in accordance with FRA's Environmental Procedures and applicable federal, state, and local laws and regulations. The Grantee will coordinate with FRA and other relevant agencies throughout the NEPA process and will conduct public outreach and consultation as required. Subtask 4.4: NEPA Document Approval The Grantee will work with FRA to finalize and approve the NEPA document, which will document the environmental impacts and mitigation measures of the LPA, and the alternatives considered. The Grantee will respond to any comments or requests for clarification from FRA or other agencies during the NEPA document review process. The Grantee will also prepare a Record of Decision (ROD) or Finding of No Significant Impact (FONSI), as applicable, based on the approved NEPA document. The Grantee will publish the ROD or FONSI in the Federal Register and distribute it to relevant stakeholders. Task 4 Deliverables: Deliverable ID Subtask Deliverable Name 4.1 4.1, 4.2 Preliminary Engineering and Environmental Design Memo 4.2 4.3 NEPA Review 4.3 4.4 NEPA Documentation Additional Task None. 4.4 Implement Required Environmental Commitments The Recipient will implement the Project consistent with the documents and environmental commitments identified below. 114 114 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 13 Table 4­A: Environmental Commitments Document Type Commitment Reference Document Date TBD TBD TBD If there are no environmental commitments for the Project, include the following: None. 115 115 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 14 ARTICLE 5: AWARD DATES AND ESTIMATED PROJECT SCHEDULE Award Dates Budget Period End Date TBD; estimated Month Day, Year Period of Performance End Date: TBD; estimated Month Day, Year Estimated Project Schedule Milestones associated with this Agreement are identified in Table 5­A: Estimated Project Schedule. The Recipient will complete these milestones to FRA’s satisfaction by the Schedule Date, subject to Article 5 of Attachment 1 of this Agreement. The Recipient will notify FRA in writing when it believes it has achieved the milestone. Table 5­A: Estimated Project Schedule Milestone Schedule Date Award Announcement Q1 2025 Project Agreement and Obligation Q3 2025 Project Management Plan & Stakeholder Coordination Plan Q4 2025 Alternative Analysis (with supporting Conceptual Engineering, Technical Analysis, and Preliminary Environmental Impact Analysis) Q2 2026 Preliminary Engineering & Environmental Design Memo Q2 2027 NEPA Review Q3 2027 NEPA Document Approval Q1 2028 Project Close Out Q2 2028 116 116 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 15 ARTICLE 6: AWARD AND PROJECT FINANCIAL INFORMATION Award Amount Agreement Federal Funds: $1,988,800 Federal Obligation Information Federal Obligation Type: Single Federal Authorization and Funding Source. Authorizing Statute: Public Law 117–58 (2021); 49 U.S.C. 22909. Appropriation: Infrastructure Investment and Jobs Act, division J, title II, Public Law 117–58 (2021). Funding Availability Program funding that is obligated under this Agreement remains available until expended. Approved Project Budget The estimated total Project cost under this Agreement is $2,486,000 FRA will contribute a maximum of 80 percent of the total Project cost, not to exceed the Agreement Federal Funds in Section 6.1 of this Attachment 2. FRA will fund the Project at the lesser amount of the Agreement Federal Funds or the FRA maximum contribution percentage of total Project costs. The Recipient will contribute $497,200 in Agreement Non­Federal Funds. Recipient’s Agreement Non­ Federal Funds are comprised of cash contributions of $248,600 from the City of Superior (10%) and $248,600 cash contributions from the BNSF Railway. The Recipient will complete the Project to FRA’s satisfaction within the Approved Project Budget, subject to Article 5 of Attachment 1 of this Agreement. 117 117 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 16 Table 6­A: Approved Project Budget by Task Task # Task Title Agreement Federal Funds Agreement Non­Federal Funds [Other Federal Funds] [Other Non­ Federal Funds] Total 1 Project Administration and Management $180,800 $45,200 $ $ $226,000 2 Purpose & Need Statement $24,000 $6,000 $ $ $30,000 3 Alternatives Analysis $400,000 $100,000 $ $ $500,000 4 Preliminary Design, Environmental, & NEPA $1,104,000 $276,000 $ $ $1,730,000 Total $1,988,800 $497,200 $ $ Total Project Cost: $2,486,000 Table 6­B: Approved Project Budget by Source Funding Source Total Amount Percentage of Total Project Cost Federal Share $1,988,800 80% Agreement Federal Funds RCE FY23­24 $1,988,800 80% Agreement Non­Federal Funds $497,200 20% City of Superior $248,600 10% BNSF $248,600 10% 118 118 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 17 Pre­Award Costs None. Consistent with 2 C.F.R. part 200, costs incurred before the date of this Agreement are not allowable costs under this award. FRA will neither reimburse those costs under this award nor consider them as a non­Federal cost­sharing contribution to this award. Phased Funding Agreement Not applicable. Pursuant to 49 U.S.C. § 24911(g)(2)(C), if the Recipient does not carry out the Project for reasons within control of the Recipient, the Recipient will repay all Federal grant funds awarded for the Project from all Federal funding sources, for all Project activities, facilities, and equipment, plus reasonable interest and penalty charges allowable by law or established in this Agreement. For the avoidance of doubt, this clause does not restrict or otherwise limit FRA’s ability to act under Article 9 or 10 of Attachment 1 of this Agreement. ARTICLE 7: PERFORMANCE MEASUREMENT INFORMATION Table 7­A: Performance Measurement Table identifies the performance measures that this Project is expected to achieve. These performance measures will enable FRA to assess the Recipient’s progress in achieving grant program goals and objectives. The Recipient will report on these performance measures in accordance with the frequency and duration specified in Table 7­A. Upon Project completion, the Recipient will submit reports comparing the actual Project performance of the new and or improved asset(s) against the pre­Project (baseline) performance and expected post­ Project performance as described in Table 7­A. The Recipient will submit the performance measures report to the Project Manager in accordance with Table 7­A. Table 7­A: Performance Measurement Table Goal Objective Performance Measure Description of Measure Measurement Reporting Completion of Purpose & Need Statement and Stakeholder Coordination Plan Satisfactory completion of Purpose & need Statement and Stakeholder Coordination Plan Completion of Purpose & Need and Stakeholder Engagement Plan acceptable to FRA All Task 2 Deliverables are successfully completed and accepted and/or approved by FRA. Pre­Project (Baseline) Performance as of January 1, 2024: N/A Frequency: Once Expected Post­ Project Performance: Completed Planning Study and Preliminary Design Duration: Following period of performance. 119 119 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 18 Completion of Alternatives Analysis Satisfactory completion of Alternatives Analysis Completion of Alternatives Analysis acceptable to FRA. All Task 3 Deliverables Task 3 are successfully completed and accepted and/or approved by FRA. Pre­Project (Baseline) Performance as of January 1, 2024: NA Frequency: Once Completion of NEPA Satisfactory approval of Project within NEPA process Preliminary Design of Locally Preferred Alternative acceptable to FRA. All Task 4 Deliverables Task 4 are successfully completed and accepted and/or approved by FRA. Pre­Project (Baseline) Performance as of January 1, 2024: NA Frequency: Once ARTICLE 8: ENVIRONMENTAL COMPLIANCE Instructions: To be completed by an FRA environmental protection specialist to document compliance with NEPA prior to obligation. If there is no ground disturbance and the award is for (1) the project development stages of a project (e.g., planning, preliminary engineering, and/or NEPA); provided the award requires notice to proceed to project implementation (e.g., final design or construction) after the completion of project development, and FRA has determined a categorical exclusion applies, include the language below to identify the applicable categorical exclusion(s). Do not use this language for project implementation stages or for ground disturbing activity, including geotechnical studies. In accordance with the National Environmental Policy Act (NEPA; 42 U.S.C. § 4321 et seq.), other environmental statutes, related regulatory requirements, and FRA’s NEPA­implementing regulations (23 C.F.R. part 771), FRA has determined that the actions funded under this Agreement as described in this Attachment 2, Section 4.5, Tasks [XX], are categorically excluded from detailed environmental review pursuant to 23 C.F.R. § 771.116 (c) [(1), (3), or (8)]. In accordance with Section 106 of the National Historic Preservation Act (54 U.S.C. § 306108; 36 C.F.R. part 800), FRA has also determined that the actions funded under this Agreement have no potential to cause effects to historic properties. The actions do not require the use of property protected by Section 4(f) of the Department of Transportation Act (49 U.S.C. § 303; 23 C.F.R. part 774). Categorical exclusions (CEs) are actions identified in an agency’s NEPA­implementing procedures that do not normally have a significant impact on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). See 40 C.F.R. § 1508.1(d). In analyzing the applicability of a CE, FRA also considered whether unusual circumstances are present that would warrant a more detailed environmental review through the preparation of an EA or EIS. In accordance with 23 C.F.R. § 771.116 (a) and (b), FRA has further concluded that no unusual 120 120 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 19 circumstances exist with respect to development of the activities funded under this grant that might trigger the need for a more detailed environmental review. Should conditions or the scope of the action change, the Recipient must notify FRA and receive written response and notice to proceed before proceeding. FRA will evaluate whether this determination remains applicable or if additional environmental review is necessary. ARTICLE 9: CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS Consideration of Climate Change and Environmental Justice Impacts This Section identifies how the Project addresses climate change and environmental justice priorities. The Recipient certifies that rows marked with “X” in the following table are accurate: The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. X The Recipient or a Project partner used environmental justice tools, such as the EJSCREEN, to minimize adverse impacts of the Project on environmental justice communities. The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. 121 121 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 20 The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. The Project incorporates electrification infrastructure, zero­emission vehicle infrastructure, or both. The Project supports the installation of electric vehicle charging stations. The Project promotes energy efficiency. The Project serves the renewable energy supply chain. The Project improves disaster preparedness and resiliency. The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. The Project supports or incorporates the construction of energy­ and location­efficient buildings. The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. The Project includes other actions or attributes that address climate change and environmental justice. The Project does not include actions or attributes that address climate change and environmental justice but, before beginning construction of the Project, the Recipient will take relevant actions described below to address climate change and environmental justice impacts of the Project. Supporting Narrative The Project incorporated the EJSREEN tool to assess and subsequently minimize the adverse impacts on environmental justice communities. The tool was instrumental in identifying communities most affected by Diesel Particulate Matter (DPM) and traffic proximity, ensuring the project remains community­centered and environmentally conscientious. 122 122 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 21 ARTICLE 10: RACIAL EQUITY AND BARRIERS TO OPPORTUNITY Efforts to Improve Racial Equity and Reduce Barriers to Opportunity This Section identifies how the Project addresses efforts to improve racial equity and reduce barriers to opportunity. The Recipient certifies that rows marked with “X” in the following table are accurate: A racial equity impact analysis has been completed for the Project. X The Recipient or a Project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity­focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. The Project includes physical­barrier­mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity. The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but, before beginning construction of the Project, the Recipient will take relevant actions described below to improve racial equity and reduce barriers to opportunity. 123 123 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 22 Supporting Narrative BNSF Railway, a key stakeholder in the project, has been proactive in addressing racial equity and potential barriers to opportunity. Their Supplier Diversity program is a testament of this commitment. The program is designed to identify, attract, and foster long­term collaborations with businesses owned by minorities, women, veterans, and other small, disadvantaged enterprises. ARTICLE 11: LABOR AND WORK Efforts to Support Good­Paying Jobs and Strong Labor Standards This Section identifies the Recipient’s efforts to support good­paying jobs and strong labor standards related to the Project. The Recipient certifies that rows marked with “X” in the following table are accurate: The Recipient or a Project partner has adopted the use of project labor agreements in the overall delivery and implementation of the Project. The Recipient or a Project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project, subject to all applicable State and local laws, policies, and procedures. The Recipient or a Project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. The Recipient or a Project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. The Recipient or a Project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor­management training partnerships or setting expectations for contractors to develop labor­management training programs. 124 124 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 23 The Recipient or a Project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre­employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. The Recipient or aP r o j e c tp a r t n er has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. The Recipient or a Project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hiring and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including: affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements; no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements; efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; training on anti­harassment and third­party reporting procedures covering employees and contractors; and maintaining robust anti­retaliation measures covering employees and contractors. The Recipient has taken other actions related to the Project to create good­paying jobs with the free and fair choice to join a union and incorporate strong labor standards. The Recipient has not yet taken actions related to the Project to create good­paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the Project, will take the relevant actions described below. 125 125 NOT INTENDED FOR EXECUTION WITHOUT MODIFICATION 24 Supporting Narrative ### 126 126 September 23, 2024 Amit Bose, Administrator Federal Railroad Administration 1200 New Jersey Ave, SE Washington, DC 202590 Subject: BNSF Letter of Support – 28 th Street Grade Separation Project Dear Administrator Bose, BNSF Railway supports efforts by the City of Superior, Wisconsin to secure federal discretionary funding under the Railroad Crossing Elimination (RCE) discretionary grant for the 28 th Street Grade Separation Project. If awarded, the project will fund planning to identify workable design alternatives for a potential grade separated rail crossing near 28 th street in Superior, WI . BNSF would be willing to contribute $247,000 in private matching funds towards the total project cost if the grant is awarded. Implementation of this Planning Project, specifically addresses the identified transportation issues including: • Ensuring timely emergency response across the rail line, • Enhancing transportation accessibility across the at-grade crossing(s), with a particular focus on non-motorized users, and • Providing improved mobility and connectivity for the increased rail traffic generated by the growth in freight and the potential NLX line. BNSF values our working relationship with the City of Superior and is prepared to work with all involved public agencies on further development of this project, subject to satisfactory review of final engineering and entering into definitive agreements as may be required by BNSF or other project stakeholders. BNSF appreciates your thorough review of this application and looks forward to continuing its relationship with the City of Superior through this important project. Sincerely, French Thompson General Director – Public Infrastructure & Investments 127 127 September 20th, 2024 The Honorable Pete Buttigieg Secretary of Transportation 1200 New Jersey Avenue, SE Washington, DC 20250 Subject: Letter of Support for RCE Grant Application – 28th Street Grade Separation Dear Secretary Buttigieg: As the Fire Chief for the City of Superior, I am pleased to convey my wholehearted endorsement for the RCE Grant Application submitted by the City of Superior, Wisconsin in relation to the 28th Street Grade Separation Project. This crucial initiative holds significant promise for enhancing the safety and accessibility of our community, particularly with improving response time to emergency calls. The 28th Street Grade Separation Project represents a key undertaking that addresses essential connectivity requirements within our community. This thoroughfare serves as a critical link connecting schools, services, businesses, residential areas, and recreational spaces. By incorporating an overpass of the BNSF rail yard, the project will establish a secure segregation of rail operations from the routes traversed by pedestrians, cyclists, motorists, and our emergency vehicle. As first responders, we are charged with safeguarding the well-being and security of our community members. The current traffic pathway can add over fire minutes to our response time when trains are moving on the tracks. That delay in response time for fire and EMS services can literally be the difference between life and death. Additionally, the successful implementation of the 28th Street Grade Separation Project will yield a direct and positive impact on public safety by diminishing the potential hazards associated with railway crossings, thereby minimizing the risk of accidents and enhancing the overall safety of our residents. We extend our sincere appreciation for considering our perspective on this pivotal project. Thank you for your dedication to the safety and prosperity of our city. Sincerely, Camron Vollbrecht Fire Chief, Superior Fire Department 3326 Tower Ave, Superior WI 54880 Superior Fire Department Phone: (715) 395-1680 FireDept4@superiorwi.gov www.SuperiorWI.gov Camron Vollbrecht, Fire Chief Superior Fire Department 3326 Tower Avenue Superior, WI 54880 128 128 September 20th, 2024 The Honorable Pete Buttigieg Secretary of Transportation 1200 New Jersey Avenue, SE Washington, DC 20250 Dear Secretary Buttigieg: I am writing this letter on behalf of the Superior Police Department to express our full support for the RCE Grant Application submitted by the City of Superior, Wisconsin regarding the 28th Street Grade Separation Project. This grant holds significant potential for enhancing the safety and accessibility of our community, and we are eager to highlight its positive impact on public safety. The 28th Street Grade Separation Project is a vital initiative that will address crucial connectivity needs within our community. It serves as a pivotal connection between schools, services, businesses, and residential areas, facilitating essential commuting and accessibility for numerous constituents. The proposed overpass of the BNSF rail yard will create a safe separation of rail operations from the transportation routes frequented by pedestrians, cyclists, and motorists alike. As law enforcement officials, we recognize the profound importance of enhancing infrastructural safety and accessibility to promote public safety. By securing funding for the 28th Street Grade Separation Project, we anticipate a substantial improvement in public safety outcomes. The project's implementation will directly contribute to the reduction of potential hazards associated with railway crossings, thereby minimizing the risk of accidents and promoting the well-being of our community members. We extend our gratitude for your attention to this matter and welcome any inquiries or requests for further information regarding our endorsement of this transformational project. Our commitment to the well-being and security of our community drives our unwavering support for the 28th Street Grade Separation Project. Thank you for prioritizing the safety and prosperity of our city. Sincerely, Paul Winterscheidt Police Chief City of Superior 129 129 September 20th, 2024 The Honorable Pete Buttigieg Secretary of Transportation 1200 New Jersey Avenue, SE Washington, DC 20250 Subject: Letter of Support for RCE Grant Application – 28th Street Grade Separation Dear Secretary Buttigieg: As the Director of Transportation for the School District of Superior, I am pleased to express our enthusiastic support for the RAISE Grant Application submitted by the City of Superior, Wisconsin in relation to the 28th Street Grade Separation Project. This initiative holds profound implications for the safety and efficiency of transporting students to school, whether by bus or as pedestrians, and is of paramount importance to ou r school district. The 28th Street Grade Separation Project promises to considerably enhance the safety and accessibility of our community, particularly with respect to the transportation of students to and from school. This critical thoroughfare serves as a vital artery linking schools, neighborhoods, and essential community amenities. By establishing an overpass of the BNSF rail yard, the project will create a secure separation of rail operations from pedestrian pathways and vehicular routes. The safety and well-being of our students are central to our mission, and the successful implementation of the 28th Street Grade Separation Project is poised to have a profound and positive impact in this regard. The physical segregation of rail activities from the paths traversed by students as pedestrians and occupants of school buses will mitigate the inherent risks associated with railway crossings, thereby fostering a safer environment for the transportation of students to and from school. Moreover, the improved accessibility and streamlined connectivity engendered by this project will notably enhance the efficiency of school transportation operations. Our ability to safely transport students by school bus will be significantly bolstered, as the project's enhancements will facilitate smoother, safer, and more reliable transit routes, further fortifying the safety and efficiency of our transportation systems. Thank you for your dedication to the safety and prosperity of our school district. Sincerely, Patrick Gillen Director of Transportation School District of Superior 130 130 131 131 132 132 133 133 Actual Actual Actual Actual Actual Adopted 6 Month Proposed 5 year Year to Annualized Subtotals Payroll 2021 2022 2023 2024 2025 Budget 2026 Actual 2026 Budget 2027 $ % average Date as of 7/16 Personnel Accrual TOTAL GENERAL GOVERNMENT-CITY ATTORNEY 261,210.68$ 269,076.39$ 256,625.57$ 270,747.67$ 282,995.30$ 284,974.37$ 121,763.54$ 295,491.38$ 10,517.01$ 3.69% Total Payroll 268,337 $ 141,179 $ 286,680 $ & Expenses 13,651 101-5130-513.11-10/SALARIES / SALARIES-PERMANENT-REGULR 194,182.51$ 187,916.10$ 195,061.77$ 206,334.38$ 211,955.32$ 218,681.20$ 98,198.69$ 227,422.00$ 8,740.80$ 4.00% 271,111$ 199,090 $ 114,993$ 226,191$ 10,669 101-5130-513.11-20/SALARIES / SALARIES-PERM-OVERTIME -$ -$ 205.00$ -$ -$ -$ -$ -$ -$ 0.00% 41$ - $ - $ - 101-5130-513.15-10/BENEFITS / BENEFITS-SOC SECURITY 14,763.30$ 14,329.95$ 14,970.44$ 15,924.75$ 16,304.04$ 16,729.11$ 7,537.56$ 17,397.78$ 668.67$ 4.00% 15,258$ 8,827$ 17,367$ 821 101-5130-513.15-20/BENEFITS / BENEFITS-EMPLOYER WRF 13,107.29$ 11,702.14$ 13,307.35$ 14,241.70$ 14,757.57$ 15,745.05$ 7,070.27$ 16,488.10$ 743.05$ 4.72% 13,423$ 8,279$ 16,286$ 768 101-5130-513.15-25/BENEFITS / BENEFITS-RETIREMENTS 9,664.53$ 9,875.00$ 9,711.00$ 8,138.00$ 8,444.00$ 8,747.25$ -$ 9,096.88$ 349.63$ 4.00% 9,167$ - $ 8,747$ - 101-5130-513.15-40/BENEFITS / BENEFITS-HEALTH INS 11,545.10$ 7,016.56$ -$ -$ -$ -$ -$ -$ -$ 0.00% 3,712$ - $ - $ - 101-5130-513.15-50/BENEFITS / BENEFITS-LIFE INS 508.08$ 436.00$ 455.62$ 638.03$ 798.79$ 320.00$ 417.39$ 320.00$ -$ 0.00% 567$ 512$ 877$ - 101-5130-513.15-60/BENEFITS / BENEFITS-WORKERS COMP 331.49$ 306.46$ 311.36$ 350.73$ 360.27$ 371.76$ 166.99$ 386.62$ 14.86$ 4.00% 332$ 196$ 2,860$ 1,393 101-5130-513.21-20/PROFESSIONAL SERVICES / PROF SVCS-LEGAL 2.32$ 17,088.60$ (0.00)$ 2,630.00$ 1,515.50$ -$ -$ -$ -$ 0.00% 4,247$ - $ - $ 101-5130-513.21-40/PROFESSIONAL SERVICES / PROF SVCS-DATA PROCESSING -$ -$ 12.00$ 100.50$ -$ -$ -$ -$ -$ 0.00% 23$ - $ - $ 101-5130-513.21-80/PROFESSIONAL SERVICES / OTHER PROF SERVICES 512.28$ 1,011.62$ 355.94$ 738.65$ 807.60$ 1,000.00$ 156.40$ 1,000.00$ -$ 0.00% 685$ 156.40$ 268$ 101-5130-513.22-50/UTILITY SERVICES / UTILITIES-TELEPHONE 605.60$ 1,125.28$ 468.57$ 840.36$ 856.24$ 750.00$ 382.28$ 750.00$ -$ 0.00% 779$ 382.28$ 655$ 101-5130-513.29-90/OTHER CONTRACTUAL SVCS / OTHER CONTRACT SVCS-MISC 560.89$ 1,459.23$ 1,876.01$ 2,144.35$ 2,029.55$ 1,680.00$ -$ 1,680.00$ -$ 0.00% 1,614$ - $ - $ 101-5130-513.31-90/OFFICE SUPPLIES 379.27$ 543.15$ 769.96$ 2,426.42$ 550.00$ 199.71$ 550.00$ -$ 0.00% 1,030$ 199.71$ 342$ 101-5130-513.32-10/PUBLICATION, SUBS, DUES / PUBS, SUBS, DUES 12,513.51$ 13,494.79$ 14,736.67$ 12,869.56$ 13,261.87$ 13,400.00$ 7,634.25$ 13,400.00$ -$ 0.00% 13,375$ 7,634.25$ 13,087$ 101-5130-513.33-40/TRAVEL / TRAVEL & TRAINING 1,141.96$ 1,944.12$ 2,954.69$ 4,933.29$ 4,687.11$ 4,000.00$ -$ 4,000.00$ -$ 0.00% 3,132$ - $ - $ 101-5130-513.35-90/REPAIR & MAINT SUPPLIES / OTHER MISC RPR & MNT SUPP -$ 312.37$ -$ -$ -$ -$ -$ -$ -$ 0.00% 62$ - $ - $ 101-5130-513.39-10/OTHER SUPPLIES & EXPENSE / OTHER SUPPLIES & EXPENSE 1,771.82$ 678.90$ 1,656.00$ 93.41$ 4,791.02$ 3,000.00$ -$ 3,000.00$ -$ 0.00% 1,798$ - $ - $ 101-5130-513.82-10/CAPITAL IMPROVEMENTS / CAPITAL IMPROVEMENTS -$ -$ -$ -$ -$ -$ -$ -$ 0.00% - $ - $ - $ 286,680$ 1,706$ over Amount FTE Change from 2026 SUMMARY OF SIGNIFICANT CHANGES Changes in Revenues, Expenditures & Other CITY ATTORNEY 272,327$ 14,353$ Highlights & Goals 134 134 135 135 136 136 Department Heads 2027 City of Superior Budget Request PAGE COUNCILOR REQUEST 2 Caven Hammond Park CIP 3 Caven Veterans Banner 4 Caven Walkways CIP 5 Caven Women’s Memorial & Park 6 Elm Resident AI Assistant for website 7 Graskey Small Business Grant Funds 8 Graskey Grant Program for Citizen-Inspired Ideas 9 Graskey Re-striping crosswalks, RRFBs 10 Graskey Matching Fund for Blatnik Comm. Plan 27-28 11 Graskey Blatnik Reused Public Art N/AGraskey Public Arts Funding 12 Herrick Auxiliary Police stipends 13 Herrick Public Transportation funding 14 Herrick Mental Health Care 15 Ledin 58th Street Sports Fields 16 Ledin Superior Bike Trail 17 Ledin Increasing Council Budget 18 Ledin Drones – PD 19 Ledin 1-3 New Positions – FD 20 Ledin All-season Indoor Playground 21 Ledin 1-3 New Positions – PW&F 22 Ledin Pickleball/Tennis Complex 23 Ledin HWY 2/53 Welcome Arch 24 Ledin Itasca Bus Service Expansion 1 Proposed Budget Year: Project Start and End Date:  Project Code/Description: $ Amount Contractor / Vendor Start Date End Date Design/Engineer Contract (Y/N): No ‐$                      Construction Contract (Y/N): No ‐$                      Service Contract (Y/N): No ‐$                      Equipment Purchase (Y/N): No ‐$                      Maintenance/Other Cost (Y/N): No ‐$                      ‐$                      Estimated Project Useful Life (in years): No No No No No No Is outside/grant funding secured to finance or does  project support an existing revenue stream/reduce  costs? If yes, please explain. Does this project improve City's economic development  initiatives or provide environmental benefits? If yes,  please explain. Does this project support/improve internal operations?  If yes, please explain. Does this project have an impact on community health,  safety, welfare or quality of life? If yes, please explain. Total Estimated Project Cost: Is this project for an existing asset where maintenance  is no longer available or the asset has exceeded its  estimated useful life? If yes, please explain. Does this project address mandates, correction of code  violations or legal liabilities? If yes, please explain. Project Description:        (To be set up by Finance) Basis of Cost Estimate: Project Name: CITY OF SUPERIOR ‐ CAPITAL PROJECT REQUEST FORM Project Category: 2 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 11 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24