Parks & Recreation Commission Agenda - March 19, 2026

Parks & Recreation Commission Agenda Thursday, March 19, 2026 at 5:00 p.m. Superior Fire Department 3326 Tower Avenue, Superior, WI 54880 Video Call Link - Click here to join the Microsoft Teams Meeting Meeting ID: 275 725 574 807 5 Password: Bd9Qj3Gv Or call in (audio only) +1 872-242-8028, Conference ID: 828 795 956# MISSION STATEMENT: “To fairly and equitably develop, maintain and improve its programs and entities.” COMMITTEE MEMBERS: Nick Ledin, Ruth Ludwig, Mark Johnson, Gene Rosburg, Elizabeth Norén, Jemal Broussard, David Kroll, 1. ROLL CALL 2. APPROVAL OF MINUTES 2.1. Parks & Recreation Commission (Meeting held January 22, 2026) 2.2. Parks & Recreation Commission (Meeting held March 12, 2026) 3. NEW BUSINESS 3.1. Update on Superior Trails/COGGS Progress. 3.2. Update on Events. 3.3. Update on Vendor Cottages. 3.4. Update on Twin Ports Rugby Land Lease. 3.5. Update on Pat Currie/Gene Rosberg Pavilion. 3.6. Recommendation to approve the 2026 Recreational Grants and the Special Event Grants. 3.7. Recommendation to approve the Benny Peterson CDBG funded Playground Replacement. 3.8. Recommendation to approve the 44th Avenue East Design Contract. 4. OLD BUSINESS 5. RECURRING BUSINESS 5.1. Superintendent Update 5.2. Director’s Update 5.3. Museum’s Director Update 5.4. Future Agenda Items 5.5. Confirm the next meeting date as May 28, 2026, at 5:00 PM in Room 204 of the Government Center. 6. ADJOURNMENT Notice is hereby given that a majority of the members of the Common Council may be present at the meeting, and although this may constitute a quorum of the Common Council, the Council will not take any action at this meeting. ************************************************************************************************************ ********* Pursuant to the Americans with Disabilities Act of 1990, if you are in need of an accommodation to participate in the public meeting process, please call (715) 395-7200 by 4:30 p.m. on the day prior to the scheduled meeting date (OR dial 711 for Telecommunications Relay Service). The City will attempt to accommodate any request depending on the amount of notice received. In compliance with Wisconsin Open Meetings Law, this agenda was posted on 3/17/2026 at the following locations: Superior Government Center, Douglas County Courthouse, Superior Public Library, and online at https://www.ci.superior.wi.us/agendacenter. It was also emailed to the Superior Telegram. Parks & Rec Commission – 1/22/2026 Meeting (Meets quarterly on the 4th Thursday.) * Attended the meeting virtually Page 1 of 5 PARKS & RECREATION COMMISSION MINUTES January 22, 2026 Regular Meeting The meeting was called to order by Chair Ledin at 5:00 p.m. on January 22, 2026, in Government Center Room 204 & virtually via Microsoft Teams. 1. ROLL CALL Members Present: Nick Ledin, Ruth Ludwig, Mark Johnson, Elizabeth Norén, David Kroll, Gene Rosburg City Staff Present: Bridgit Maruska, Kara Czapinski, Ryan Wintlend, Jordan Stish, Jess McCullough, Jodi Saylor* Others Present: Shelley Nelson, John Ramos, Margaret Sims 2. APPROVAL OF MINUTES 2.1. Parks & Recreation Commission (Meeting held September 25, 2025) MOTION by Ludwig, second by Rosburg, and carried to approve the minutes from September 25, 2025. 3. NEW BUSINESS 3.1. Superior Historic Properties Introduction and 2025 Report. Jordan Stish announced that on August 6, 2025, Superior Historic Properties officially came under the management of the City of Superior following a council decision, leading to modifications in financial support and operational oversight. She provided an overview of the current staffing structure, which consists of two full-time employees, three part-time administrative staff, around 20 seasonal tour guides, and various volunteer groups, including the Lake Superior Area Master Gardeners Association and local students and community service organizations. Stish highlighted the primary revenue streams, which encompass guided and self-guided tours, event hosting, memberships, site rentals, and donations, along with plans to seek grants. Notably, there was a reported 15% increase in admissions and an 85% rise in gift shop revenue for 2025, contributing to an overall gross revenue increase of 30.6% compared to the previous year. Stish outlined several successful community engagement initiatives, including the Motorcycles at the Meteor Event, Easter Fun at Fairlawn, monthly history talks, and the Princess meet and greet at the Lake Superior Ice Festival. These activities have significantly boosted attendance and visibility. Additionally, she introduced new exhibits across all three sites, featuring topics such as the history of canine units, women in emergency response, and the Guns and Hoses softball tournament. Restoration efforts were also highlighted, including the original staircase at the Firehouse, stained glass windows at Fairlawn, and furniture repairs. Parks & Rec Commission – 1/22/2026 Meeting (Meets quarterly on the 4th Thursday.) * Attended the meeting virtually Page 2 of 5 Looking ahead to 2026, Stish and Jess McCullough discussed plans to participate in the Twin Ports Festival of History, revive the murder mystery dinner series, and introduce new exhibits in celebration of the Declaration of Independence anniversary. They also aim to expand family- and child-friendly programming. Commission members recognized the importance of presenting these updates to the City Council and the public, with suggestions to share the presentation more broadly at one of the upcoming City Council meetings. Jordan Stish and Jess McCullough left the meeting at 5:39 p.m. 3.2. Hammond Playground Design. Superintendent Wintlend reported that, following the collection of survey responses and feedback from the Commission, a single inclusive playground design was selected to cater to both the 2–5 and 5–12 age groups. This design prioritizes accessibility and sensory features while retaining essential play elements. Key components include a Slide 360, which is wheelchair-accessible, an inclusive spinner, interactive play panels, musical drums, and a comprehensive array of swings, all aimed at engaging children of diverse abilities. The projected cost for the playground stands at $161,000, reflecting the increased expenses associated with accessibility and concrete work. The Commission deliberated on potential funding strategies to address any shortfalls, such as reallocating resources from other projects and modifying operational budgets. The Commission reached a consensus to approve the playground design and proceed with seeking Council approval once the final pricing is established. They expressed a willingness to present the project to Public Works Committee promptly after finalizing the contract and costs. Additionally, the Commissioners reviewed the Parks Capital Improvement Plan (CIP) for 2026 and beyond, identifying anticipated deficits for 2027– 2029. They emphasized the necessity of advocating for increased allocations from the Council or adjusting project timelines if further funding is not obtained. MOTION by Ludwig, second by Johnson, and carried to table item 3.2 until after discussion on item 4.2. MOTION by Ludwig, second by Norén, and carried to approve the Hammond Park Playground Design. 3.3. 44th Avenue East Dock Project. Director Maruska announced that the city has secured $250,000 from the Environmental Protection Agency (EPA) to support the conceptual and potential full design of the 44th Avenue East Dock Project, aimed at enhancing community access and amenities. A Request for Proposal (RFQ) process has generated 11 proposals, which are currently under review by city staff and partners; the top two or three firms will be interviewed prior to making a final selection for Council approval. The St. Louis River Alliance will spearhead community engagement efforts, focusing on soliciting feedback from local Parks & Rec Commission – 1/22/2026 Meeting (Meets quarterly on the 4th Thursday.) * Attended the meeting virtually Page 3 of 5 residents and stakeholders, with an emphasis on encouraging Commissioners to take part in outreach sessions. 3.4. New Online Registration Software Finnly Sport. Director Maruska announced the selection of Finnly Sport as the new software solution due to its enhanced functionality and cost-effectiveness. Onboarding is currently in progress, with a full public launch anticipated before the upcoming ballfield season. The previous system was plagued by contract ambiguities, ineffective communication, and technical issues, including double bookings and an inability to handle reservations during peak times, which necessitated the transition. 3.5. 2026 Events: Wade Bowl Park Splash Pad and Heritage Skatepark Grand Openings. Director Maruska announced that the Wade Bowl Splash Pad is scheduled to open on May 23rd at 2:00 PM, coinciding with Memorial Day weekend, while the Heritage Skate Park will open on May 30th at 4:00 PM. These openings are intended to enhance community engagement during holiday periods. However, commissioners expressed concerns regarding the possibility of cold weather affecting attendance at the splash pad's debut, proposing alternative dates such as Father's Day weekend and highlighting the significance of community feedback in the planning process. As a result, there will be a reconsideration of the splash pad opening date. 4. OLD BUSINESS 4.1. Land Lease and Use Agreement for North Shore SUP, LLC. During the recent Parks & Recreation Commission meeting, it was decided not to pursue a lower-cost Land Lease and Use Agreement. Communication was subsequently established with North Shore SUP, LLC, which confirmed their willingness to continue with the existing $300 annual land lease for the stand-up paddleboarding operation at Barker’s Island. MOTION by Johnson, second by Rosburg, and carried to approve the Land Lease and Use Agreement for North Shore SUP, LLC. 4.2. Parks CIP Discussion. MOTION by Ludwig, second by Rosburg, and carried to approve the Parks CIP. 4.3. Update regarding Ishkode at Wisconsin Point. Director Maruska announced the successful completion of a fall burn, with plans for additional burns and selective logging aimed at mitigating fire hazards and fostering the healthy regrowth of native species, including Red Pine and blueberries. The Lake Superior Reserve is organizing an exhibit and open house to inform the public about fire management strategies, offering presentations and resources for landowners interested in Parks & Rec Commission – 1/22/2026 Meeting (Meets quarterly on the 4th Thursday.) * Attended the meeting virtually Page 4 of 5 adopting similar practices. Additionally, the Reserve is seeking grant funding to sustain its fire management and forestry projects, with city staff facilitating grant applications and overseeing project leadership. Shelly Nelson left the meeting at 6:42 p.m. 5. RECURRING BUSINESS 5.1. My Civic Reports. 5.2. Superintendent Update 5.2.1. The Central Park playground has been completed, the red barn lights have been replaced, and the repainting of the building is now finished. Plans are in place to address roofing and mulch replacement in the upcoming months. 5.2.2. All ice rinks are currently operational, and the ski trails are proving to be a significant source of revenue. The community has expressed positive feedback regarding the winter recreation facilities, indicating a successful season for these amenities. 5.2.3. Staff shortages have hindered the department's capacity to effectively manage the urban tree canopy. Parks has extended the Davey Tree Software contract for three more years. It continues to be an invaluable tool for tree inventory and maintenance. 5.3. Director’s Update 5.3.1. Jodi Saylor announced that the Lake Superior Ice Festival will feature a new ice carousel demonstration, a laser light show in place of fireworks, fire twirlers, a snow slide with tubes, and a holiday tree bonfire, scheduled for January 30th to January 31st. She urged Commissioners to promote volunteer sign-up links and event details on social media to enhance participation and ensure sufficient staffing for the festival. Additionally, two new small buildings, funded by a Tourism Development Commission grant, will facilitate event operations and future rentals, with plans to relocate them to Barker’s Island for the festival.. 5.3.2. This year, we will merge the Arbor Day Celebration with the launch of our new Heritage Tree Program Nomination. The event is tentatively scheduled for some time in May. 5.3.3. This year, the city is revamping its streetscape banners to feature a new image theme. 5.3.4. Susen’s field in Billings Park has gained popularity as a rugby venue. Recently, a representative from the rugby community expressed interest in securing a permanent storage solution for their equipment at the site. Additionally, they are looking to rent the space for their games and are considering fundraising initiatives aimed at enhancing the field's facilities. 5.3.5. The marina at Barker's Island requires a new transit dock. Chris Carlson, the Assistant Public Works Director, along with Director Maruska, recently met with AMI Engineering to explore potential grant opportunities for this project. Parks & Rec Commission – 1/22/2026 Meeting (Meets quarterly on the 4th Thursday.) * Attended the meeting virtually Page 5 of 5 5.3.6. Community member Bonnie Larson proposed that the pavilion at Woodstock Bay be named in honor of Pat Currie and Gene Rosburg, recognizing their dedicated years of volunteer service to the area. 5.4. Future Agenda Items 5.4.1. Recreational Grants – March 12, 2026, meeting. 5.4.2. Consideration of proposed name for Woodstock Bay Pavilion – March 19, 2026, meeting. 5.5. Confirm the next meeting date as March 12, 2026, at 5:00 p.m. in Room 270 of the Government Center. 6. ADJOURNMENT Councilor Ledin announced the meeting adjourned at 7:14 p.m. Respectfully submitted by Kara Czapinski Parks & Rec Commission – 3/13/2025 Meeting (Meets quarterly on the 4th Thursday.) * Attended the meeting virtually Page 1 of 1 PARKS & RECREATION COMMISSION MINUTES March 12, 2026 Regular Meeting The meeting was called to order by Councilor Ledin at 5:00 p.m. on March 12, 2026, in Government Center Room 270 & virtually via Microsoft Teams. 1. ROLL CALL Members Present: Nick Ledin, Ruth Ludwig, Mark Johnson, Gene Rosburg, Elizabeth Norén, David Kroll* City Staff Present: Kara Czapinski, Jodi Saylor, Bridgit Maruska Others Present: Duluth Monitor*, Lynn Goerdt*, Trisha Hecimovich, Will Mowchan, Lynnsey Schatz, Paul Castillo*, Cariann Kinn 2. NEW BUSINESS 2.1. Review of 2026 Recreational Grant/Special Event Grant Applications. 2.1.1. Presentations/Questions & Answers 5:05 PM – Great Lakes Positive Behavior Intervention Supports 5:15 PM – Trisha Hecimovich Events 5:25 PM – Pruitt Center for Mindfulness and Well-Being’s LiveWell Initiative 5:35 PM – Friends of the Lake Superior Reserve 5:45 PM – Twin Ports Rugby Football Club 3. RECURRING BUSINESS 3.1. Confirm the next meeting date as March 19, 2026, at 5:00 p.m. in Room 204 of the Government Center. 4. ADJOURNMENT Councilor Ledin announced the meeting adjourned at 8:58 p.m. Respectfully submitted by Kara Czapinski CITY OF SUPERIOR COTTAGE RENTAL GUIDELINES UPDATED: 03/2026 Barkers Island Cottages Rental Guidelines & Pricing (Draft) Introduction The Barkers Island vendor cottages were developed to provide a comfortable, attractive, and affordable option for vendors participating in events at Festival Park. These structures offer protection from wind and weather, making them especially valuable during colder months and winter festivals. With built-in service windows, shelving, lighting, and heating, the cottages provide a more efficient and professional alternative to traditional tents while helping create a welcoming marketplace atmosphere for visitors. Cottage Uses The cottages are flexible spaces that can support a wide variety of events and activities. Their size, service windows, and weather protection make them ideal for both vendors and event support needs. • Festivals and large community events • Farmers markets and artisan markets • Food and beverage vendors (coffee, hot chocolate, snacks, specialty foods) • Pop-up retail such as bakeries, local makers, or seasonal merchandise • Event information booths, ticket sales, or registration/check-in • Nonprofit or community organization booths • Merchandise sales for concerts or festivals • Activity stations for family events (crafts, games, etc.) • Wedding or private event support spaces • Event headquarters, volunteer check-in, or sponsor booths Cottage placement will be determined by the Parks, Recreation & Forestry Department and may vary depending on event layout and site conditions. Renters are responsible for obtaining and complying with all required state, county, and city permits and licenses. Renters assume all responsibility for activities conducted within or around the cottage during the rental period. CITY OF SUPERIOR COTTAGE RENTAL GUIDELINES UPDATED: 03/2026 Cottage Details Sizing & Inclusions Two (2) Large Vendor Cottages • Size: 10' x 12' • Two front service windows with folding stainless-steel service shelves (interior and exterior) • One side door • One rear window • Wall-mounted infrared heaters for winter events. Dedicated circuit for small window A/C (NOT provided) • Electrical access via generator or RV pedestal plug-in for lights and outlets • Fire extinguisher Two (2) Small Vendor Cottages • Size: 8' x 8' • Front service window with folding stainless-steel service shelves (interior and exterior) • One side door • One rear window • Electrical access via generator or RV pedestal plug-in for lights and outlets • Fire extinguisher Rental Period Cottages are rented on a per-event, per-day basis unless otherwise arranged. Overnight use is strictly prohibited. Renters may be granted access to the cottage(s) up to 24 hours prior to the event, depending on availability and operational needs. All equipment and materials must be removed at the end of the rental period unless prior approval has been granted. The City of Superior reserves the right to cancel or relocate cottage reservations due to weather, safety concerns, operational needs, or other circumstances beyond its control. Electrical Cottages have electrical service available through a generator or RV electrical pedestal connection. Each cottage includes interior and exterior lighting and multiple 110-volt outlets. Vendors must provide any necessary extension cords for interior use and additional equipment. High- draw cooking equipment may require prior approval. The City reserves the right to restrict equipment that exceeds electrical capacity. Vendors are responsible for maintaining generator fuel, connection cords and the proper operation and loads to prevent overload and tripping of the electrical system. 30 AMP maximum continous load allowed. CITY OF SUPERIOR COTTAGE RENTAL GUIDELINES UPDATED: 03/2026 Heating & Cooling The large cottages include wall-mounted heaters suitable for winter events. Vendors should still plan and dress appropriately for cold weather conditions. Small portable heaters may be used in the small cottages if they are approved for indoor use. Window air- conditioning units may be installed in the rear window only. Fans may also be used as needed. Renter Responsibilities Renters must: • Leave the cottage clean and free of garbage • Remove all equipment and supplies after the event • Not attach screws, nails, or permanent fixtures to cottage walls inside or outside • Use shelves only for service (not for sitting or standing) • Follow all fire, electrical, and health regulations • Ensure all doors and windows are locked prior to leaving • Report any damage to the cottage immediately • Provide own tables, shelving, seating, and other necessary equipment Food vendors must provide their own: • Cooking equipment • Handwashing stations (if required by the health department) • Proof of proper licensing from the state, county, or city as applicable Cottage Condition & Use Cottages must be returned in the same condition in which they were received. The renter is responsible for any damage to the structure, fixtures, or electrical systems that occurs during the rental period. The City of Superior reserves the right to discontinue use of a cottage or deny future rentals if guidelines are not followed. Rental Information and Pricing Event Type Large Cottage Small Cottage Non-City Event (estimated attendance under 500) $50 $25 Large Non-City Event (estimated attendance over 500) $75 $50 Large City Event (i.e., 4th of July and Ice Festival) $100 $50 Electricity is included in the above pricing. Large events wishing to use multiple cottages for two or more days may work with the Parks, Recreation & Forestry Department, on a case-by-case basis, to establish pricing. CITY OF SUPERIOR COTTAGE RENTAL GUIDELINES UPDATED: 03/2026 Security Deposit A refundable $100 security deposit per cottage is required. The deposit will be returned if the cottage is left clean and undamaged. Additional Rules • Renters may not sub-rent cottages without prior written approval from the Parks, Recreation & Forestry Department. • No open flames are allowed inside the structure. • No food preparation is allowed inside the cottage unless approved. • Outside signage is encouraged but must be hung only from the pre-installed exterior hooks. Signage size and placement guidelines are available upon request. • Renters must provide a Certificate of Insurance listing the City of Superior as additional insured prior to the first day of the rental period. • The City of Superior reserves the right to revoke cottage use if guidelines are not followed. • Any keys issued to the renter must be returned within 24 hours following the event. The renter may be charged a replacement or administrative fee if keys are lost or not returned in a timely manner. • Renters may not modify electrical systems or permanently alter any part of the cottage. • The City of Superior is not responsible for lost, stolen, or damaged vendor equipment or personal property. Reservation Process Cottages must be reserved through the City of Superior Cottage Rental Application. Reservations will be approved based on event fit, vendor mix, and availability. Payment is due upon approval and no less than 72 hours prior to the first day of the rental period. Reservations cannot be made online at this time. CITY OF SUPERIOR COTTAGE RENTAL APPLICATION UPDATED: 03/2026 City of Superior Parks, Recreation & Forestry Barkers Island Cottage Rental Application Thank you for your interest in renting a Barkers Island Cottage at Festival Park. Submission of this application does not guarantee approval. Rentals are approved based on availability, event compatibility, and compliance with City guidelines. Applicant Information Business / Organization Name: _____________________________________________________ Primary Contact Name: ___________________________________________________________ Phone: _____________________________ Email: ____________________________________ Mailing Address: ________________________________________________________________ City: __________________________ State: _________________ Zip: _____________________ Event Information Event Name: ___________________________________________________________________ Event Date(s): __________________________________________________________________ Event Location: _________________________________________________________________ Please note: The small cottages may be movable; however, the City must perform the relocation. Requests to move cottages must be approved at least 30 days prior to the event. The City reserves the right to deny relocation requests that are deemed unnecessary or unsafe. Cottage(s) Requested ☐ Large Cottage (10' x 12') – Two available ☐ Small Cottage (8' x 8') – Two available ☐ No preference / first available Number of cottages requested: Large __________ Small __________ CITY OF SUPERIOR COTTAGE RENTAL APPLICATION UPDATED: 03/2026 Intended Use ☐ Food Vendor ☐ Beverage Vendor ☐ Merchandise Sales ☐ Nonprofit / Information Booth ☐ Event Registration / Check-In ☐ Other: _____________________________________________________________________________ ______________________________________________________________________________ Description of products, services, or activities: ________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Electrical Use Will electricity be required? ☐ Yes ☐ No Please list any electrical equipment you plan to use (i.e. crockpots, lights, fans, heaters, etc.): ______________________________________________________________________________ High-draw cooking equipment may require prior approval. Please list any high-draw cooking equipment you plan to use: ______________________________________________________________________________ Food Vendors Only Food vendors must comply with Douglas County Health Department regulations. Type of food/beverages to be sold: _________________________________________________ ______________________________________________________________________________ Health Department Permit Status: ☐ Already permitted ☐ Permit application in progress ☐ Will apply if approved CITY OF SUPERIOR COTTAGE RENTAL APPLICATION UPDATED: 03/2026 Insurance Requirement Renters must provide a Certificate of Insurance listing the City of Superior as Additional Insured prior to the first day of the rental period. ☐ I understand and will provide required documentation. Applicant Acknowledgement By signing below, I acknowledge that I have read and agree to follow the Barkers Island Cottage Rental Guidelines & Pricing. Applicant Name: ________________________________________________________________ Signature: _________________________________________ Date: _______________________ For City Use Only Application Received: ____/____/____ Rental Dates: ____/____/____ Cottage Assigned: ________________________________________________________________ Rental Fee: $____________________ Deposit: $___________________ ☐ Paid ____/____/____ Staff Sign Off: _____________________________ Approved ☐ Denied ☐ City of Superior Parks, Recreation & Forestry Memorandum To: Parks and Recreation Commission From: Bridgit Maruska, Parks, Recreation & Forestry Director Date: 2026-03-16 Subject: Honorary Naming Proposal – Pat Currie & Gene Rosburg Pavilion This memorandum introduces a proposal to name the pavilion at Woodstock Bay Park the 'Pat Currie & Gene Rosburg Pavilion' in recognition of more than thirty years of volunteer service provided by Pat Currie and Gene Rosburg to the Billings Park neighborhood and Woodstock Bay Park. Pat Currie, who passed away in 2025, and Gene Rosburg devoted decades of personal time to maintaining and improving the neighborhood park and surrounding trails. Their work included regular litter removal, organizing neighborhood cleanups, clearing hazards from trails and roadways, and assisting with stewardship of the area formerly known as the Sandpits, now Woodstock Bay Park. Much of their service occurred informally and quietly through daily efforts that helped keep the park welcoming and safe for the community. Residents frequently saw Pat walking the neighborhood with his dogs while collecting trash along Billings Drive and the Millennium Trail. Gene often assisted with heavier cleanup tasks and joined Pat in organizing annual spring neighborhood cleanup efforts. In accordance with the City’s park naming policy, this item is being presented to the Parks and Recreation Commission for initial discussion and consideration of the honorary naming request. If the Commission supports the proposed name, the City will proceed with the required public notice period and collection of written public comment before returning to the Commission and Common Council for final consideration. TO NOTE: This will be presented to Council with the official memorandum framework. This document for discussion purposes at Parks & Recreation Commission. Honorary Naming Documentation Proposed Name: Pat Currie & Gene Rosburg Pavilion Location: Woodstock Bay Park, City of Superior, Wisconsin Biographical Summary and Record of Community Service Pat Currie and Gene Rosburg For more than three decades, Pat Currie and Gene Rosburg demonstrated extraordinary dedication to the Billings Park neighborhood and the area now known as Woodstock Bay Park. Their volunteer efforts helped maintain the character, cleanliness, and safety of the park and surrounding neighborhood trails through consistent, hands-on stewardship. Pat Currie became a familiar presence throughout the neighborhood while walking his dogs along Billings Drive, the Millennium Trail, and nearby public spaces. During these daily walks, he routinely carried bags to collect litter along the way, ensuring that the trails and park areas remained clean for residents and visitors. Much of Pat’s work focused on the area historically known as the “Sandpits,” which later became Woodstock Bay Park. He regularly collected trash left near parking areas and trailheads and moved it to locations where City crews could more easily collect it. These small but consistent acts of stewardship helped City staff maintain the park more efficiently and kept the area welcoming for the public. Pat frequently worked alongside City employee Ed Minter, forming a strong partnership in maintaining the area. When age made it more difficult for Pat to bend and pick up debris, the City provided him with a grabber tool. After wearing out several tools through years of use, Pat purchased his own so he could continue helping care for the park. Pat’s commitment to the neighborhood extended beyond litter cleanup. When fallen trees or branches blocked roadways or created hazards along the trail, he often stepped in to address the issue and help keep paths safe and accessible. Gene Rosburg partnered with Pat on many of the more physically demanding tasks. Together, the two organized annual spring cleanups for the neighborhood, mobilizing residents and volunteers to remove trash and debris from surrounding natural areas and parkland. Through decades of consistent volunteer stewardship, Pat Currie and Gene Rosburg helped make Woodstock Bay Park and the surrounding Billings Park neighborhood cleaner, safer, and more welcoming for the public. Pat’s passing in 2025 marked the loss of a deeply respected community member whose quiet dedication had a lasting impact on the neighborhood he loved. Examples of Volunteer Contributions • Regular litter cleanup along Billings Drive and the Millennium Trail • Trash removal from parking areas and natural spaces around Woodstock Bay Park • Moving collected trash to accessible pickup locations for City crews • Clearing fallen trees and branches that blocked roads or trails • Monitoring the park area and alerting neighbors to hazards or concerns • Coordinating neighborhood spring cleanup events • Painting over graffiti • Encouraging other residents to participate in stewardship activities • Pat routinely carried cleanup supplies while walking the neighborhood • Purchased personal cleanup tools after wearing out several through frequent use Proposed Pavilion Dedication To recognize the decades of volunteer stewardship provided by Pat Currie and Gene Rosburg, the Parks & Recreation Commission proposes naming the pavilion at Woodstock Bay Park: Pat Currie & Gene Rosburg Pavilion. Proposed Plaque Inscription: This pavilion is dedicated to Pat Currie and Gene Rosburg for over 30 years of volunteer service to the Billings Park neighborhood and Woodstock Bay Park. Next Steps in the Naming Process 1. Parks and Recreation Commission review and initial consideration 2. Required 60-day public notice period 3. Compilation of public comment 4. Commission recommendation and submission to the Common Council for final approval Supporting Evidence Figure: Resident message describing Pat advocating for neighborhood mail delivery during road construction. Figure: Photo showing assistance provided to a postal carrier during winter conditions on Billings Drive. Figure: Example of debris removed from Woodstock Bay Park during volunteer cleanup efforts. Figure: Collected trash and debris transported during neighborhood cleanup activities. Figure: Pat Currie and Gene Rosburg participating in neighborhood cleanup efforts. Figure: Message showing volunteer maintenance efforts responding to broken glass at the pavilion. Figure: Materials obtained for park maintenance and improvement work. Proposed Pavilion Signage and Dedication Plaque This page illustrates the proposed naming and dedication elements for the Pat Currie & Gene Rosburg Pavilion at Woodstock Bay Park. The pavilion sign would be installed beneath the roof beam between the two structural supports as shown in Figure 3, and a dedication plaque would be mounted on one of the pavilion support columns. Figure 1: Concept rendering of pavilion name sign installed under the roof beam. Material and style TBD. Figure 2: Concept rendering of dedication plaque mounted on pavilion column. Material and style TBD. Figure 3: Existing pavilion at Woodstock Bay Park where the proposed dedication/name sign would be installed. Organization 2025 Grant Received 2026 Grant Requested 2026 Recommendations (Not approved) Challenge Center $ 10,000.00 $ 10,000.00 $ - Club Superior Volleyball $ - $ 3,000.00 $ 2,499.00 Douglas County 4-H $ 5,000.00 $ 5,000.00 $ 2,499.00 Friends of the Lake Superior Reserve $ 2,400.00 $ 2,400.00 Great Lakes PBIS $ 2,000.00 $ 2,000.00 Northern Lights Elementary School $ 3,015.00 $ 3,600.00 $ 2,000.00 Paddle It Forward / FNA: North Shore SUP $ 2,499.00 $ 14,000.00 $ 9,281.00 PASS Foundation $ 2,499.00 $ 2,400.00 $ 2,400.00 Senior Connections $ 2,500.00 $ 2,500.00 $ 2,500.00 SMS-SHS Parent Teacher Student Assoc. $ 1,500.00 $ 2,000.00 $ 2,000.00 Superior Amatuer Hockey Assoc (SAHA) $ 25,000.00 $ 25,000.00 $ 25,000.00 Superior Basketball Association (SBA) $ 2,499.00 $ 2,499.00 $ 2,499.00 SHS All Night Grad Party $ - $ 2,500.00 $ 2,000.00 Superior Soccer Association $ 15,000.00 $ 5,000.00 $ 2,499.00 Superior Wrestling Club $ 2,499.00 $ 3,500.00 $ 3,500.00 Superior Youth Organization $ 7,000.00 $ 7,920.00 $ 2,499.00 Twin Ports Gymnastics $ 4,000.00 $ 2,500.00 Twin Ports Rampage $ 2,000.00 $ 500.00 Twin Ports Rugby $ 11,200.00 $ 11,200.00 Trisha Hecimovich Events $ 5,000.00 $ 1,000.00 Lake Superior Squadron $ 2,499.00 $ 900.00 $ 900.00 Grandma's Marathon $ 1,200.00 $ 1,200.00 $ - MickWicked Promotions $ 1,200.00 $ 1,200.00 $ 1,200.00 Northwest WI Community Service Agency/Douglas County Drug Coalition $ 2,499.00 $ 2,499.00 $ 2,499.00 Pruitt Center for Wellness LiveWell Initiative $ 1,400.00 $ 1,400.00 Siggy's Musical Garden $ 4,000.00 $ 12,000.00 $ 7,000.00 St. Louis River Alliance $ 1,225.00 $ 1,225.00 Richard Bong Veterans Historical Center $ 4,000.00 $ - Received in 2025, not requested in 2026 Bryant Elementary School $ 2,400.00 $ - Harbor City Roller Derby $ 4,500.00 $ - Superior Trails $ 15,000.00 $ - TOTAL Requests $ 112,309.00 $ 139,943.00 $ 95,000.00 $ 96,109.00 * Referred to TDC * Submitted after deadline 2026 Recreational & Special Event Grants 2026 Budget - $95K Parks & Recreation Commission Agenda Date: March 19, 2026 MEMORANDUM DATE: March 16, 2026 TO: Mayor Jim Paine, Parks & Recreation Commission and Members of the City Council FROM: Bridgit Maruska, Parks, Recreation & Forestry Director RE: Recommendation to Purchase Burke modular play structure and contract for installation with Lee Recreation for Benny Peterson Park Introduction The Parks, Recreation & Forestry Department is recommending the Parks & Recreation Commission and City Council approve the purchase of a Burke Nucleus play structure, a Nido spinner, and a 2 bay single post swingset included in their proposed design. Recommendation that the Parks & Recreation Commission and City Council approve the installation of these features by Lee Recreation for the not to exceed amount of $125,289.00. Background The Benny Peterson Park existing playground equipment is outdated and in need of replacement with ADA and accessibility standards updated equipment. This purchase is fully funded through available Community Development Block Grant (CDBG) dollars. The Parks, Recreation & Forestry Division issued an RFP from qualified playground equipment contractors to submit two designs with a not to exceed budget of $130,000.00. The City of Superior will be responsible for removal and disposal of the existing surfacing, removal and replacement of the border, subsurface preparation, and replacing the surfacing with new material. We received three proposals for the equipment replacement. Lee Recreational, Midwest Play Scapes, and Northland Recreation each submitted two optional designs. Each proposal was carefully reviewed and evaluated. Lee Recreation is the vendor that is able to most closely meet the full list of desired components in the scope. The chosen design has multiple adaptive features including ground level play elements and elevated play elements that accommodate adaptive standards. The new structures will accommodate children that range in age from 2-12 years old and the majority of elements were designed to meet ADA and/or accessibility standards requested through a community-wide park survey conducted in 2025.. Parks, Recreation & Forestry 1316 North 14th Street, 2nd Floor Superior, WI 54880 Web site: www.ci.superior.wi.us Phone: (715) 395-7270 Fax: (715) 395-7346 TTY: (715) 395-7521 Budget The purchase and installation of the selected Burke modular play structures and stand-alone playground features is $125,289. Funding for this project is budgeted in the 2026 CDBG grant allocation. Recommendation It is the recommendation that the City of Superior, through its Parks, Recreation & Forestry Department, contract with Lee Recreation for the not to exceed amount of $125,289.00, for playground equipment purchase and installation at the Benny Peterson Park. Approved: ___________________________________ ________________ Jim Paine, Mayor Date Denied: ______________________________________ ________________ Jim Paine, Mayor Date BID DOCUMENT AND CONTRACT VOLUME 2026 Benny Peterson Park Improvements CITY OF SUPERIOR, WISCONSIN Bridgit Maruska Parks, Recreations and Forestry Director Bid # 26-05-PRF City of Superior, Wisconsin Benny Peterson Park 2 Contents 1. ADVERTISEMENT TO BID ................................................................................................. 3 2. INSTRUCTIONS TO BIDDERS ............................................................................................ 4 3. BID PROPOSAL ..................................................................................................................... 8 3a. ASSURANCES .................................................................................................................... 10 3b. EQUAL OPPORTUNITY POLICY STATEMENT ............................................................ 12 3c. Certification Regarding Debarment ...................................................................................... 14 4. SUBCONTRACTORS AND SUPPLIERS LISTING .......................................................... 15 5. ADDENDA ACKNOWLEDGMENT .................................................................................. 16 6. BID BOND ............................................................................................................................ 17 7. BIDDER'S PROOF OF RESPONSIBILITY ........................................................................ 18 8. AFFIDAVIT OF ORGANIZATION AND AUTHORITY................................................... 24 9. CONTRACT .......................................................................................................................... 25 10. PERFORMANCE AND PAYMENT BOND ...................................................................... 28 11. GENERAL SPECIFICATIONS ........................................................................................... 29 12. ENGINEER CERTIFICATION (not applicable) ................................................................. 41 13. SPECIAL PROVISIONS ..................................................................................................... 42 14. CONTRACT CHANGE ORDER ........................................................................................ 48 Davis Bacon General Decision Number WI20260007 (10 pages) Park map and pictures Federal Labor Standards Provisions HUD-4010 City of Superior, Wisconsin Benny Peterson Park 3 1. ADVERTISEMENT TO BID CITY OF SUPERIOR SEEKING BIDS FOR THE BENNY PETERSON PARK IMPROVEMENTS 1.1 Sealed Bids Sealed bids will be received by the City of Superior, at 1316 North 14th Street - 2nd Floor, Suite 200, Attention: Contract Analyst, Superior, WI 54880. Bids will be publicly opened and read aloud in the City offices as follows: 1.2 Bid Opening Date: Tuesday, March 10, 2026 Bid Opening Time: 2:00 p.m. Bid Project: The City of Superior is requesting sealed bids from qualified contractors to design, furnish, deliver and install playground equipment to Benny Peterson Park, located at 1107 Hughitt Avenue, Superior, Wisconsin. All equipment and associated safety use zones must fit within the existing space of approximately 3,230 sf. The City of Superior will remove the existing playground equipment and existing surfacing and be responsible for drain tiles installation, subgrade prep, and replacement surfacing. Work to be completed by October 1, 2026. This project is funded through a CDBG grant. All bids must be prepared in the form provided and submitted in accordance to the Instructions to Bidder. Specifications may be obtained through the internet at www.DemandStar.com. Bidding documents may be viewed at the City of Superior, 1316 North 14th Street - 2nd Floor, Superior, Wisconsin (darwinj@superiorwi.gov) and at the Minnesota Builders Exchange (mbex.org), Builders Exchange of Wisconsin (bxwi.com), Northwest Builders Exchange (nwrbx.com) and LaCrosse Builders Exchange (laxbx.com). Bid security in the amount of five percent (5%) of the bid must accompany each bid in accordance with the Instructions to Bidders. The contractor shall submit a list of its subcontractors as a part of the proposal, which list shall not be added to or altered without the written consent of the City of Superior, and as specified in 66.0901 Wisconsin Statutes. The bidder's attention is called to the requirement of the Davis Bacon standards, to which the Contractor must adhere. The City of Superior encourages the participation of women and minority owned businesses. The City of Superior reserves the right to reject any or all bids, to waive irregularities, or to accept such bids, as in the opinion of the City, will be in its best interests. Bridgit Maruska, Parks, Recreation and Forestry Director Superior Telegram: Saturday, February 7, 2026, and Saturday, February 14, 2026 City of Superior, Wisconsin Benny Peterson Park 4 2. INSTRUCTIONS TO BIDDERS 2.1 Questions regarding this bid may be directed to the City of Superior as follows: Bidding documents: Jane Darwin, Contract Analyst, darwinj@superiorwi.gov 2.2 Method of Bidding: The only acceptable method of bidding a contract with the City of Superior, Wisconsin, is described as follows and must be strictly complied with. Bids shall be valid for 90 days. 2.3 Bid Packet Components: Each item listed must be included with the bid submission: a) Bidders must file a PROPOSAL OR BID on the form the City has prepared. (See BID PROPOSAL Section 3.) Bidders must also submit with bid ASSURANCES (See Section 3a), and EQUAL OPPORTUNITY POLICY STATEMENT (See Section 3b), CERTIFICATION REGARDING DEBARMENT (See Section 3c). b) Bidders shall be required to submit a list of SUBCONTRACTORS AND SUPPLIERS with their proposal in accordance with Section 66.0901(7), Wisconsin Statutes, and subsequent amendments. Such list shall not be added to nor altered without the written consent of the City of Superior. (See SUBCONTRACTORS AND SUPPLIERS LISTING Section 4.) c) Bidders shall be required to submit an ADDENDA ACKNOWLEDGMENT with their proposal. Such acknowledgment shall note acknowledgment of receipt of any and all addenda. If no addenda were issued, the bidder shall so indicate and sign document. (See ADDENDA ACKNOWLEDGMENT Section 5.) d) The bidder must file, at the time of the opening of the bids, either a BID BOND or a certified check in the amount of at least five percent (5%) of the total bid, conditioned that if the bidder is successful the bidder will, within the time allotted by the City, file a properly executed contract and performance bond as per Wisconsin Statutes 62.15(3). (See BID BOND Section 6.) e) The bid proposal must have attached to it the BIDDER’S PROOF OF RESPONSIBILITY identifying the bidder’s qualifications. (See BIDDER’S PROOF OF RESPONSIBILITY Section 7.). Prospective bidders are required to furnish a statement of financial ability, equipment and experience in the work prescribed in said public contract in accordance with the provisions of Section 66.0901(2) of the Wisconsin Statutes, at the time of the opening of the bids. The object of the questionnaire and the pre-qualification of bidders is to enable the City to have sufficient information regarding financial ability, equipment and experience in order to reduce the hazards involved in awarding contracts to parties not qualified to perform them and to select those contractors qualified to properly complete the work proposed. f) The bid proposal must have attached to it the AFFIDAVIT OF COMPLIANCE swearing the compliance with the criteria set forth in the Responsible Contractor Criteria in the City Code of Ordinances, Chapter 2, Article XII from the Contractor and all sub- contractors. (See AFFIDAVIT OF COMPLIANCE Section 7a). City of Superior, Wisconsin Benny Peterson Park 5 g) The bid proposal must have attached to it the AFFIDAVIT OF ORGANIZATION AND AUTHORITY identifying a corporation, partnership or sole trader. The affidavit must contain a sworn statement that the bidder has examined and carefully prepared the proposal from the plans and specifications and has checked the same in detail per Section 66.0901 (7), Wisconsin Statutes. (See AFFIDAVIT OF ORGANIZATION & AUTHORITY Section 8.) h) The bid proposal packet shall be placed in an envelope and shall be sealed. ON THE ENVELOPE SHALL BE, plainly written: the date of the bid opening, the title of the project and the name of the bidder. Such envelope shall be addressed and delivered to: The City of Superior, 1316 North 14th Street - 2nd Floor, Suite 200, Attention: Contract Analyst, Superior, Wisconsin before the time and date specified for opening bids as listed on the Advertisement to Bid. i) Wisconsin’s Public Records Law creates a statutory presumption in favor of complete access to public records and the City of Superior endeavors always to conduct its municipal affairs in strict compliance with Wisconsin Statutes §§ 19.31-19.39. Any entities or individuals who submit materials to the City of Superior in response to this request should avoid submittal of any proprietary information. 2.4 Work Site and Contract Document Examination: Bidders must satisfy themselves, by examination of the contract documents, the work site and the conditions and obstacles to be encountered in the field, and by such other means as may be necessary, as to the accuracy of the schedule of quantities of the work to be done and the intent of said contract documents. After the submission of the proposal, no complaint or claim that there was any misunderstanding as to the quantities, conditions or nature of the work will be entertained and no extra compensation shall be allowed by reason of any matter or thing concerning which such bidder might have informed himself prior to the bidding. Upon award of bid, the Contractor must execute the required Performance and Payment Bond in the total amount of the bid. (see PERFORMANCE AND PAYMENT BOND Section 10.) 2.5 Time of Performance: When not otherwise specified, the bidder must state in the proposal, the least number of calendar days (counting weekends and holidays), after date to commence work given in the Notice to Proceed, in which bidder will start construction and the number of calendar days (counting weekends and holidays), after date to commence work given in the Notice to Proceed, in which bidder will fully complete the work as specified. The bidder should make do allowance for all probable difficulties which may be encountered. In the event of failure completing the work within the time stated or otherwise specified, liquidated damages will be assessed as provided in the specifications. 2.6 Quantities: The estimated quantities of the work are the result of careful calculations but City of Superior, Wisconsin Benny Peterson Park 6 are not to be considered as final. Such estimates will be used as a basis for determining the lowest bidder. After the contract is awarded, the quantity of work listed under any item, or all items, may be increased or decreased according to the specifications at the discretion of the City of Superior without in any way invalidating the bid price (see CONTRACT CHANGE ORDER Section 14). 2.7 Bid Prices: Bidders must submit a bid price, in accordance with the specifications, for each item of the job or branch, in compliance with the bidding units specified for the quantities listed in the proposal. Bid prices must be written out in words and also entered in figures. In case of conflict, the written word prices will prevail. Totals must be shown based on unit cost and quantity. In case figures do not match, the figure resulting in the lower price shall be deemed the price intended and applicable. 2.8 Inadequacies and Omissions: The City of Superior will not be responsible for verbal information or statements made by representatives of the Engineering Department, or any other department for which work will be performed. Bidders shall bring any inadequacies, omissions or conflicts to the attention of the City of Superior before the due date for bids. Prompt written clarification will be immediately supplied to all bidders by Addenda before the due date for bids and each Addendum shall be acknowledged on the Addenda Acknowledgment form. Failure to so request clarification of any inadequacy, omission or conflict will not relieve the Contractor of responsibility. 2.9 No Double Bidding: Two (2) or more proposals under different names will not be accepted from one firm or association. 2.10 Partial Bidding: Bidders must quote on all items appearing on the bid forms unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items, unless specifically exempted as set forth above, shall disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. 2.11 Right of Waiver or Rejection: The City reserves the right to reject any or all bids or waive any defects found in bids or proposals submitted. 2.12 Labor Standards: The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act, the Copeland "Anti-Kickback" Act (40 U.S.C. Chapter 3, 276a-276a-5; 29 CFR Parts 1, 3, 5, 6, and 7; 40 USC 327 and 40 USC 276c , Chapter 3, Section 276c; 18 USC, Part 1, Chapter 41, Section 874; 29 CFR Part 3; 40 USC, Chapter 5, Sections 326-332; 29 CFR Part 4, 5, 6 and 8; 29 CFR Part 70 to 240), Section 3 of the Housing and Urban Development Act of 1968 and all other applicable Federal, state and City of Superior, Wisconsin Benny Peterson Park 7 local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this contract. The Contractor shall maintain documentation which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City for a minimum period of three years after completion. The Contractor agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher wage. The Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. 2.13 Wage Rates: See Attachment B – Davis Bacon General Decision Number WI20260007. 2.14 Build America, Buy American Act: https://www.hud/gov/baba. This total project is less than $250,000, therefore, BABA is waived by HUD. 2.15 Pre-Bid Conference: None scheduled at this time. Questions are due by February 25, 2026, at 12:00pm. Final addendum will be issued by March 2, 2026. All questions should be emailed to the contract analyst at darwinj@superiorwi.gov 2.16 Contract Documents: Upon award of the bid the contract documents will consist of the Advertisement to Bid, Instructions to Bidders, Bid Proposal, Subcontractors & Suppliers Listing, Addenda Acknowledgment, Bid Bond, Bidder's Proof of Responsibility, Affidavit of Compliance, Affidavit of Organization & Authority, Contract, Performance and Payment Bond, Certificate of Insurance as required, General Specifications, Special Provision and include all other herein bound attachments and modifications thereof incorporated in the documents as prepared by the City of Superior. 2.17 There is no existing design for the park improvements. Award will be based on the preference of design of the Parks and Recreation Commission, experience on similar sized projects, references from previous projects and price. The City of Superior reserves the right to reject any or all proposals/bids, to waive irregularities, or to accept such proposals/bids, as in the opinion of the City, will be in its best interests. City of Superior, Wisconsin Benny Peterson Park 21 ORDINANCE #O17-4009 ORDINANCE INTRODUCED BY MAYOR JIM PAINE REPEALING SECTION 2, ARTICLE XII PUBLIC WORKS PROJECTS AND RECREATING SECTION 2, ARTICLE XII RESPONSIBLE BIDDER CRITERIA The Common Council of the City of Superior, Wisconsin, does ordain as follows: SECTION 1. Chapter 2, Article XII, Public Works Projects of the City Code of Ordinances is hereby repealed and recreated as follows: ARTICLE XII. RESPONSIBLE BIDDER CRITERIA Section 2-468. Purpose. Pursuant to Wis. Stat. §66.0901, whenever the city lets public work by contract, the contract must be awarded to the lowest responsible bidder. What constitutes a responsible bidder is a determination that requires the exercise of discretion by the city and its departments, officials or employees under reasonably consistent responsible bidder criteria when exercising its discretion. Section 2 -469. Definitions. In this section, the following definitions shall apply. “Contractor” means a person, corporation, partnership or any other business entity that performs work on a public works contract as a general contractor, prime contractor or subcontractor at any tier. “Class A Apprenticeship Program” means an apprenticeship program that is currently approved by the U.S. Department of Labor or a state apprenticeship agency and has graduated apprentices to journeyperson status for three (3) years. In addition, a new apprenticeship program that has been registered with the federal or state government within the last three (3) years will be considered a Class A Apprenticeship Program, provided that such new program graduates to journeyperson status within the indenture period and has a bonafide training program. “Public works contract” means a contract for the construction, alteration, execution, repair, remodeling or improvement of a public work or building, where the contract is requires to be bid pursuant to Wis. Stat. §59.52(29). Section 2-470 Responsible Bidder Criteria. In order to be a responsible bidder for purposes of being awarded a public works contract, the contractor must meet the following criteria. a) The contractor maintains a permanent place of business. b) The contractor is authorized to do business in the State of Wisconsin. c) The contractor, or agent, partner, employee or officer of the contractor, is not debarred, suspended, proposed for debarment or declared ineligible from contracting with any unit of federal, state or local government. City of Superior, Wisconsin Benny Peterson Park 22 d) The contractor is in compliance with provisions of Section 2000e of Chapter 21, Title 42 of the United States Code and Federal Executive Order No. 11246 as amended by Executive Order No. 11375 (known as the Equal Opportunity Employer provisions). e) The contractor has general liability, workers’ compensation, automobile insurance and unemployment insurance. f) The contractor has complied with all provisions of any prevailing wage laws and federal Davis-Bacon related Acts, and the rules and regulations therein, for projects undertaken by the contractor that are covered by these laws, for the past five (5) years. g) The contractor participates in a Class A Apprenticeship Program if applicable to Section 2-468. h) The contractors has a written substance abuse prevention program meeting the requirements of Wis. Stat. §103.503. i) The employees who will perform work on the project are properly classified as employees or independent contractors under all applicable state and federal laws. j) The contractor has not been the subject of any investigation, order or judgement from any state or federal agency or court concerning an employment practice, including but not limited to, classification of employees, unemployment insurance, discrimination or payroll fraud. If the contractor has been the subject of any investigation, order or judgment from any state or federal agency or court concerning an employment practice, the contractor must provide copies of the investigation, order or judgement and/or may be disqualified. k) The contractor’s employees who will perform work on the project are: 1) Covered under a current workers’ compensation policy; and properly classified under such policy. 2) Covered under a current health insurance policy as required by federal or state law. l) The contractor possesses all applicable professional and trade licenses required for performing the public works. m) The contractor has adequate financial resources to complete the public works contract, as well as all other work the bidder is presently under contract to complete. n) The contractor is bondable for the terms of the proposed public works contract. o) The contractor has a record of meeting the criteria which will be considered in determining satisfactory completion of projects and may include, but are not limited to: City of Superior, Wisconsin Benny Peterson Park 23 1) Completion of contracts in accordance with drawings and specifications; 2) Diligent execution of the work and completed contracts according to the established time schedules unless extensions are granted by the owner; and 3) Fulfilled guarantee requirements of the contract documents. p) The contractor has, and diligently maintains, a written safety program. Section 2-471. No Restriction on Discretion. If information other than what was disclosed by the contractor in subsection (3) is discovered by the city or the department, official or employee responsible for awarding the public works contract, and such information calls into question the contractor’s abilities or competence to faithfully and responsibly comply with the terms of a public works contract, that information shall be considered in determining whether the contractor is a responsible bidder. Section 2-472. Affidavit of Compliance. The general or prime contractor bidding on a public works project must include in its sealed bid; Its own affidavit swearing compliance with the criteria set forth in subsection (3) on the form required by city; and An affidavit swearing compliance with the criteria set forth in subsection (3) on the form required by the city from every subcontractor at any tier who will perform work on the project. SECTION 2. All ordinances and parts of ordinances conflicting with this ordinance are hereby repealed. SECTION 3. This ordinance shall be in full force and effect from and after its passage and publication. City of Superior, Wisconsin Benny Peterson Park 25 9. CONTRACT 9.1 Preamble This contract made this ____ day of _____ 2026, by and between Lee Recreation, LLC, located at 260 W. Main Street, Cambridge, Wisconsin, herein called "Contractor", and the City of Superior, a municipal corporation, located in Douglas County, Wisconsin, herein called "Owner or City". WITNESSETH, that the Contractor and Owner for the consideration stated herein, agree as follows: 9.2 Article I - Scope of Work The Contractor shall perform everything required to be performed and shall provide and furnish all the applicable labor, materials, equipment, necessary tools, expendable equipment, insurance provided by the specifications, contributions to social security and all utility and transportation services required to perform and complete in a workmanlike manner the following work: Benny Peterson Park Improvements All work shall be in strict compliance with the Contractor's proposal and other contract documents, herein mentioned as component parts of this contract. 9.3 Article II - Contract Price The Owner shall pay the Contractor for the performance of this contract an amount based upon the unit prices contained in the proposal, for the proposed Option 2, for the not to exceed amount of one hundred twenty-five thousand, two hundred eighty-nine dollars ($125,289.00). The Option 2 proposal is attached to this Agreement as Exhibit A and incorporated to this Agreement by reference. Contractor shall not be entitled to payment for work found deficient or failing to conform to the requirements set forth in this agreement and is not entitled to further payments until corrected to the satisfaction of the Director of Parks, Recreation & Forestry, at the cost of the Contractor. The City will inform the Contractor of any deficiencies and/or items that do not conform to this contract within thirty (30) days of receipt. Unless otherwise provided in the special provisions, payments are to be made to the Contractor within 30 days of receipt of an approved payment application/invoice on the basis of written approval of estimates by the Owner of the value of the work performed during the preceding billing period. However, in accordance with 66.0901(9) Wisconsin Statutes, owner will retain five percent (5%) of the amount of each such estimate, until the work has been completed. This retainage will be held until completion and acceptance of all work included in this contract. Submission of a final payment application/invoice shall be accompanied by applicable City of Superior, Wisconsin Benny Peterson Park 26 payroll reports and final unconditional lien waivers (from all sub-contractors and suppliers) to the Owner. Prior to release of final payment, the Parks, Recreation & Forestry Department shall review project documents, submitted by Contractor to determine the satisfaction thereof; it will be at the Parks, Recreation & Forestry Department’s sole discretion when the final payment is made. Final payment will be made to Contractor within thirty (30) days of the City’s acceptance of services as complete. The Owner, in case the work under this contract is not completed within the time required or within an extended time approved in writing by the Owner, is authorized to take charge of the work and finish it at the expense of the Contractor and his sureties, and to apply the amount retained from estimates to the completion of the work. 9.4 Article III - Component Parts of this Contract This contract consists of the following component parts, all of which are as fully a part of it as if set out verbatim herein, or if not attached, as if the same were hereto attached: 1. Advertisement to Bid 2. Instructions to Bidders 3. Bid Proposal 4. Subcontractors & Suppliers Listing 5 Addenda Acknowledgment and all addenda 6. Bid Bond 7. Bidder's Proof of Responsibility 7a. Bidder’s Affidavit of Compliance 8. Affidavit of Organization and Authority 9. Contract 9.6 Certificate of Insurance 10. Performance and Payment Bond 11. General Specifications 12. Engineer’s Certificate (as applicable) 13. Special Provisions 14. Contract Change Order 15. Additional Attachments per Index (as applicable) The contract documents form a complete unit and requirements called for by one are as binding as if called for by all. In cases of conflict between plans and specifications, the specifications shall govern. Special and/or Technical Specifications shall control over General Specifications. 9.5 Article IV - Payment for Labor & Materials The Contractor specifically agrees to pay for all claims for labor performed at rates at least equal to the wage scale on file with the Owner for this project and materials furnished, used and consumed in completing the foregoing contract, together with all items enumerated in Section 779.035, of the Wisconsin Statutes, as the obligation of the Contractor. No assignment, modification or change in the contract, or change in the work covered thereby, or any extension of time for completion of the contract shall release the sureties on the bond. 9.6 Article V – Insurance City of Superior, Wisconsin Benny Peterson Park 27 Within ten (10) days after the execution of the contract, and prior to commencement of any work, the Contractor shall file with the Owner satisfactory evidence of having adequate worker’s compensation insurance and public liability insurance, both personal and property, as outlined in the General Specifications, 11.3. In Witness Whereof, the parties hereto have caused this instrument to be executed in three (3) original counterparts the day and year first written. 9.7 Article VI – Authority The Contractor represents that it has the authority to enter into this contract. If the Contractor is not an individual, the person(s) signing on behalf of the Contractor represents and warrants that they have been duly authorized to bind the Contractor and sign this Contract on the Contractor’s behalf. 9.8 Signatures SIGNED AND SEALED: COMPANY: Lee Recreation, LLC ADDRESS: 260 W. Main Street, Cambridge, WI 53523 Name/Title Name/Title ATTEST: CITY OF SUPERIOR, WISCONSIN Jim Paine, Mayor Heidi Blunt, Clerk Nicholas Rhinehart, Finance Director Frog Prell, City Attorney Provision has been made to pay the liability that will accrue under this contract. *Approved by the City Council on City of Superior, Wisconsin Contract Volume Benny Peterson Park 28 10. PERFORMANCE AND PAYMENT BOND (Sample) AIA Document A312™ - 2010 Performance and Payment Bond is the preferred document. KNOW ALL MEN BY THESE PRESENTS THAT of , and as principal, and of , a corporation and existing under the laws of the State of Wisconsin (hereinafter called “surety”), as surety are held and firmly bound unto the City of Superior, a municipal corporation, of the State of Wisconsin, in the penal sum of $ Dollars, good and lawful money of the United States of America, to be paid to the City of Superior, Wisconsin, its duly authorized attorneys, agents, officers, successors and assigns for which payment, well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally firmly by these presents. WHEREAS, the above bound principal has entered into a certain written contract with the City of Superior, Wisconsin, dated this day of , 2026, which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. NOW, THEREFORE, the condition of the above obligation is such that if the above bound principal shall well and truly keep, do and perform each and every matter and thing in said contract set forth and specified to be by the said principal kept, done and performed at the time and in the manner in said contract specified, and shall pay over, make good and reimburse to the forenamed City, all loss and damage which said City may sustain by reason of failure or default on the part of said principal and shall pay to every person entitled thereto all claims for labor performed and materials furnished, used or consumed in performing the work provided in said contract including, without limitation because of enumeration, fuel, lumber, building materials, machinery, vehicles, tractors, equipment, fixtures, apparatus, tools, appliances, supplies, electric energy, gasoline, motor oil, lubricating oil, greases, state imposed taxes, premiums for worker ’s compensation insurance and contributions for unemployment compensation, then this obligation shall be void; otherwise, it shall be and remain in full force and effect. Contractor Representative Title Insurance Company Representative Attest: City of Superior, Wisconsin Contract Volume Benny Peterson Park 29 11. GENERAL SPECIFICATIONS 11.1 GENERAL State and/or Federal funds may be used to fund all or part of this contract. The City will not be held liable for any damages incurred due to changes in State or Federal funding, including (but not limited to) a reduction or cancellation of the project. This is a federally assisted project and Davis Bacon requirements will be enforced. Federal Labor Standards provisions HUD-4010 is incorporated into this contract and attached to this document. Contractors, including subcontractors, must be eligible to participate. Federal Wage Determination Number WI 20260007 is incorporated into this contract and attached to this document. 11.2 SUBSTITUTIONS The following terms shall be substituted in the specifications: a. “Owner” or “City” is the City of Superior. b. “Engineer” is the Contracted Engineer/Architect for the City of Superior or the City Engineer assigned to the project. 11.3 INSURANCE The Contractor shall not commence work on contract until proof of insurance required has been provided to the applicable department before the contract or purchase order is considered for approval by the City. It is hereby agreed and understood that the insurance required by the City is primary coverage and that any insurance or self-insurance maintained by the City, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the contract or listed below whichever is longer. CONTRACTOR—LIABILITY A. Commercial General Liability coverage at least as broad as Insurance Services Office Commercial General Liability Form, including coverage for Products Liability, Completed Operations, Contractual Liability, and Explosion, Collapse, Underground coverage with the following minimum limits and coverage: 1. Each Occurrence limit $1,000,000 2. Personal and Advertising Injury limit $1,000,000 3. General aggregate limit (other than Products-Completed City of Superior, Wisconsin Contract Volume Benny Peterson Park 30 Operations) per project $2,000,000 4. Products-Completed Operations aggregate $2,000,000 5. Fire Damage limit — any one fire $50,000 6. Medical Expense limit — any one person $5,000 7. Products - Completed Operations coverage must be carried for two years after acceptance of completed work. B. Automobile Liability coverage at least as broad as Insurance Services Office Business Automobile Form, with minimum limits of $1,000,000 combined single limit per accident for Bodily Injury and Property Damage, provided on a Symbol #1- "Any Auto" basis. C. Workers' Compensation as required by the State of Wisconsin and Employers Liability insurance with sufficient limits to meet underlying Umbrella Liability insurance requirements. If applicable for the work coverage must include Maritime (Jones Act) or Longshoremen's and Harbor Workers Act coverage. D. Umbrella Liability providing coverage at least as broad as the underlying Commercial General Liability, Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of $10,000. The umbrella must be primary and non-contributory to any insurance or self- insurance carried by the City. F. Builder's Risk / Contractor's Equipment or Property - The contractor is responsible for loss and coverage for these exposures. City will not assume responsibility for loss, including loss of use, for damage to property, materials, tools, equipment, and items of a similar nature which are being either used in the work being performed by the contractor or its subcontractors or are to be built, installed, or erected by the contractor or its subcontractors. INSURANCE REQUIREMENTS FOR SUBCONTRACTOR All subcontractors shall be required to obtain Commercial General Liability (if applicable Watercraft liability), Automobile Liability, Workers' Compensation and Employers Liability, (if applicable Aircraft liability) insurance. This insurance shall be as broad and with the same limits as those required per Contractor requirements, excluding Umbrella Liability, contained in Section 1 above. APPLICABLE TO CONTRACTORS / SUBCONTRACTORS / SUB-SUB CONTRACTORS A. Primary and Non-contributory requirement - all insurance must be primary and non- contributory to any insurance or self-insurance carried by City. B. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VII, and who are authorized as an admitted insurance company in the state of Wisconsin. City of Superior, Wisconsin Contract Volume Benny Peterson Park 31 C. Additional Insured Requirements - The following must be named as additional insureds on all Liability Policies for liability arising out of project work – City of Superior, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 and also include Products - Completed Operations additional insured coverage per ISO form CG 20 37 07 04 for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. D. Deductibles and Self-Insured Retentions - Any deductible or self-insured retention must be declared to and approved by the City. E. Evidences of Insurance - Prior to execution of the agreement, the Contractor shall file with the City a certificate of insurance (Accord Form 25-S or equivalent) signed by the insurer's representative evidencing the coverage required by this agreement. In addition form CG 20 10 07 04 for ongoing work exposure and form CG 20 37 07 04 for products- completed operations exposure must also be provided or its equivalent. F. A waiver of subrogation is required for Workman’s Compensation in favor of the City. Such liability policies shall contain a provision or endorsement covering any contingent liability of the City of Superior. The City is to be shown as “additionally insured” and the project is to be listed on the certificate. The naming of said entities as Certificate Holders will not be acceptable. Certificates of worker's compensation and personal and public liabilities, along with the provision indemnifying the City of Superior must be submitted by the successful bidder. 11.3.5 IDEMNIFICATION Contractor hereby agrees to indemnify, defend and hold harmless the City its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorneys' fees, costs, and expenses of whatsoever kind or nature in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any act, omission, fault, or negligence, whether active or passive, of Contractor or of anyone acting under its direction or control or on its behalf, even if liability is also sought to be imposed on the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers. The obligation to indemnify, defend and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, shall be City of Superior, Wisconsin Contract Volume Benny Peterson Park 32 applicable unless liability results from the sole negligence of the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers. Contractor shall reimburse the City, its elected and appointed officials, officers, employees, agent or authorized representatives or volunteers for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. In the event that Contractor employs other persons, firms, corporations or entities (subcontractor) or volunteers as part of the work covered by this Agreement, it shall be responsibility of the Contractor to require and confirm that each sub-contractor enters into an Indemnity Agreement in favor of the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers, which is identical to this Indemnity Agreement. This indemnity provision shall survive the termination or expiration of this Agreement. 11.4 PERFORMANCE AND PAYMENT BOND Contractor shall execute and furnish a completed PERFORMANCE AND PAYMENT BOND in the total amount of the approved bid, to be supplied to the Owner along with the required signed contract documents . AIA Document A312 ™ - 2010 is the preferred Performance and Payment Bond document. 11.4 LABOR LAWS AND REQUIREMENTS Davis Bacon Prevailing Wages. The Davis Bacon Act (40 USC, Chapter 3, Section 276a-5; and 29 CFR Parts 1, 3, 5, 6 and 7) is triggered when any construction work over $2,000 is financed in whole or in part with CDBG funds. The Contractor agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act, the Copeland "Anti - Kickback" Act (40 U.S.C. Chapter 3, 276a-276a-5; 29 CFR Parts 1, 3, 5, 6, and 7; 40 USC 327 and 40 USC 276c, Chapter 3, Section 276c; 18 USC, Part 1, Chapter 41, Section 874; 29 CFR Part 3; 40 USC, Chapter 5, Sections 326-332; 29 CFR Part 4, 5, 6 and 8; 29 CFR Part 70 to 240), Section 3 of the Housing and Urban Development Act of 1968 and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this contract. The Contractor shall maintain documentation which demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the City for a minimum period of three years after completion. The Contractor agrees that, except with respect to the rehabilitation or construction of residential property containing less than eight (8) units, all contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair work financed in whole or in part with assistance provided under this contract, shall comply with Federal requirements adopted by the City pertaining to such contracts and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts City of Superior, Wisconsin Contract Volume Benny Peterson Park 33 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve the Contractor of its obligation, if any, to require payment of the higher wage. The Contractor shall cause or require to be inserted in full, in all such contracts subject to such regulations, provisions meeting the requirements of this paragraph. The Copeland Anti-Kickback Act (40 USC, Chapter 3, Section 276c and 18 USC, Part 1, Chapter 41, Section 874; and 29CFR Part 3) requires that workers be paid weekly, that deductions from workers’ pay be permissible, and that contractors maintain and submit weekly payrolls. The Contract Work Hours and Safety Standards Act ($) USC, Chapter 5, Sections 326-332; and 29 CFR Part 4, 5, 6 and 8; 29 CFR Part 70 to 240) applies to contracts over $100,000 and requires that workers receive overtime compensation (time and on-half pay) for hours they have worked in excess of 40 hours in one week. Section 3 Economic Opportunities (24 CFR 135.3) is a provision of the Housing and Urban Development Act of 1968. Contractor and all subcontractors will be responsible for complying with the provisions of 24 CFR, Part 135. Compliance with the provisions of Section 3 of The Housing and Urban Development Act of 1968 and the HUD regulations set forth in 24 CFR 135, and all applicable rules and orders issued hereunder prior to the execution of this contract, shall be a condition of the Federal financial assistance provided under this contract and binding upon the CITY, the Contractor and any of the Subcontractor’s subcontractors. Failure to fulfill these requirements shall subject the CITY, the Contractor and any of the Subcontractor’s subcontractors, their successors and assigns, to those sanctions specified by the AGREEMENT through which Federal assistance is provided. The Contractor certifies and agrees that no contractual or other impediment exists which would prevent compliance with these requirements. The Contractor further agrees to comply with these "Section 3" requirements and to include the following language in all subcontracts executed under this AGREEMENT: "The work to be performed under this contract is a project assisted under program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low- and very low-income residents of the project area and contracts for work in connection with the project be awarded to business concerns that provide economic opportunities for low - and very low -income persons residing in the metropolitan area in which the project is located." The Contractor further agrees to ensure that opportunities for training and employment arising in connection with a housing rehabilitation (including City of Superior, Wisconsin Contract Volume Benny Peterson Park 34 reduction and abatement of lead- based paint hazards), housing construction, or other public construction project are given to low - and very low -income persons residing within the metropolitan area in which the CDBG funded project is located; where feasible, priority should be given to low- and very low- income persons within the service area of the project or the neighborhood in which the project is located, and to low - and very low -income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead -based paint hazards), housing construction. or other public construction project are given to business concerns that provide economic opportunities for low- and very low-income persons residing within the metropolitan area in which the CDBG funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low- and very low -income residents within the service area or the neighborhood in which the project is located, and to low- and very low-income participants in other HUD programs. The Contractor certifies and agrees that no contractual or other legal incapacity exists which would prevent compliance with these requirements. The Contractor agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker’s representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants. The Contractor will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. The Contractor will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. All subcontractors must be approved by the City prior to execution. Equal Employment Opportunity. During the performance of this Contract, the contractor agrees that if the Contract amount is over $10,000, the following conditions apply: Contractor will abide by the rules and regulations of Executive Order 11246, which prohibits employment discrimination by Federal contractors and subcontractors and federal assisted construction contractors and subcontractors. Inspections & Interviews. Permit the City, CDBG or their designees to examine, inspect the work under this Contract before and after completion and interview workers. Cooperate with the City in completing progress inspections, final inspection of the work and documentation of onsite job interviews. City of Superior, Wisconsin Contract Volume Benny Peterson Park 35 11.6 DISCRIMINATION AND PROHIBITED INTERESTS a. The City requires from the Contractor the following and also requires the Contractor to insert into each subcontract the following: 1.) In connection with the performance of work under this Agreement, the Contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability as defined in s 51.01 (5) Wisc. Stats., sexual orientation or national origin. This provision shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In connection with the performance of its work under the Agreement and except with respect to sexual orientation, Contractor further agrees to take affirmative action to ensure equal employment opportunities. In connection with the performance of its work under the Agreement, Contractor agrees to post in conspicuous places, available for employees and applicants for employment, notices to be provided by WisDOT setting forth the provisions of this nondiscrimination clause. 2.) No official, officer, or employee of the City of Superior, during his or her tenure or for one (1) year thereafter, shall have any interest, direct or indirect, in this contract or in the proceeds thereof except as permitted under s. 946.13 (2) Wis. Stats. 3.) No member of or delegate to Congress or to the Wisconsin State Legislature shall share any benefit that may arise from this Agreement. b. The City requires from the Contractor and also requires the Contractor to insert in each subcontract the following: 1.) Contractor shall comply with the following laws, policies, regulations and pertinent directions as may be applicable and will require its subcontractor through contractual agreement to similarly comply: a. Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d et seq. b. Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 W.S.C. 4601 et seq. c. Federal Occupational Safety and Health Act of 1970, 29 U.S.C. 653, et seq., and any other applicable occupational safety and health laws or regulations. 2.) Contractor agrees that no otherwise qualified disabled individual in the United States as defined in Section 706 (8) of Title 29 U.S.C., or as specifically provided for in subchapter II of Chapter 111, Wis. Stats., or in Title I of the American With Disabilities Act of 1990, 42 U.S.C. 12111, et seq., shall, solely by reason of disability, be excluded from participation in, be denied benefits of, or be subjected to discrimination under any program or activity receiving benefits under this agreement. c. MBE/WBE Reporting Requirements. The Contractor will use its best efforts to afford City of Superior, Wisconsin Contract Volume Benny Peterson Park 36 minority- and women-owned business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the term "minority and female business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro -Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. The Contractor may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. The Contractor shall be required to complete and submit to the City the form “Reporting Requirements – MBE/WBE and Section 3”, attached as Exhibit B. This form shall be completed by the Contractor to include the Contractor’s and all SubContractors’ information. This form is required to be submitted to the City prior to Contractor payment. The Contractor and all SubContractors shall be required to complete and retain in employee files the form “Section 3 Worker & Targeted Section 3 Worker Self Certification” on EACH employee that works on this project, attached as Exhibit C. This form is required to be completed on each employee once every five years and any new hires that will complete work on this project. This form is not required to be submitted to the City. However, the City may require proof of completion prior to Contractor payment upon request. 11.7 LICENSES, PERMITS AND APPROVALS The Contractor warrants that he is properly licensed and possesses all the necessary qualifications as required by the federal, state and local laws, ordinances, regulations, etc., prior to commencing work, and shall remain in good standing for the duration of the project. The Contractor is responsible for all local, state and federal permits and approvals which may apply to this project. The fees for local permits will be waived upon receipt of application of such permits, and it is noted that the permit late fee of $750.00 per permit will be the financial responsibility of contractor. Normal local inspections will be required, including final inspection of the project by the applicable local departments. The Contractor shall give all notices required by law and comply with all laws, statutes, ordinances, rules and regulations that affect the conduct and prosecution of the project. The Contractor shall be liable for all violation of the law in connection with work furnished by the Contractor. If Contractor performs any work that it knew or should have known to be contrary to such laws, statutes, ordinances, rules and regulations and without giving notice to the City, the Contractor shall be responsible for all costs arising therefrom. The City will consider no plea of misunderstanding or ignorance of these requirements. City of Superior, Wisconsin Contract Volume Benny Peterson Park 37 11.8 OBSTRUCTION OF STREETS AND SIDEWALKS The Contractor shall promptly remove any dirt or debris which is caused by its performance of this contract and clean all streets, sidewalks, alleys and public property which is soiled by Contractor’s actions or omissions. If the Contractor shall, in any manner, obstruct a street or sidewalk or other public grounds, he shall erect, install, maintain and pay for barriers and lights to prevent accidents and shall be liable for damages caused by the obstruction and for any damage or disruption to streets, alleys or public grounds which may result from his intentional or negligent prosecution of such work in accordance with Section 62.15 (11) of the Wisconsin Statutes. The Contractor shall also be bound by any further requirements of the specifications on this point. 11.9 PROSECUTION AND PROGRESS Unless otherwise set forth in the Special Specifications, upon receipt of "Notice to Proceed" from the Owner, work under this contract shall commence immediately and be completed by October1, 2026. 11.10 COORDINATION OF CONTRACTORS The City may award or may contract for additional work outside the scope of this contract. The Contractor shall fully cooperate with any other Contractor, City employee, and engineer or designated representative of the City, by scheduling its own work with that to be performed under other Contracts as may be directed by the City. The Contractor shall not commit or permit any act which will interfere with the performance of any other Contractor, agent, City employee, engineer or designated representative as scheduled. Employees of the Contractor must be able to work within a public setting without creating a disruption and conform to all policies, rules and regulations. Contractor shall require that their employees be courteous at all times, not to use loud or profane language, and to work as quietly as possible. Contractor shall require that its employees shall not trespass, loiter, cross property to adjoining premises, or tamper with property not covered by the contract. Contractor agrees to observe and obey all applicable laws, ordinances, rules and regulations promulgated and enforced by the City and by any other proper authority having jurisdiction over the work performed herein. Special Conditions Where special conditions or special purposes require the consideration of deviations from these specifications, any such deviations must be authorized by the Owner. City of Superior, Wisconsin Contract Volume Benny Peterson Park 38 11.11 CHANGE ORDERS Any change to the signed contract must be approved by Owner, in writing, prior to the commencement of the change (see CONTRACT CHANGE ORDER, Section 14). All changes/amendments/addition/ deletions to the original contract must be described on the Contract Change Order form (duplicate blank copies as necessary) with necessary increase/decrease in contract price indicated. Change orders will need to include any invoices and supporting documents. These changes will include applicable project extension time requests. Form is to be numbered and is to be signed by the Contractor and approved by the Engineer and the Owner. 11.12 TIME PENALTIES Should the Contractor fail to complete the work within the time agreed upon under section 11.7 above, or within such extra time as may be allowed by extensions at the discretion of the Owner, the Owner shall be entitled to compensation for damages resulting from the failure of the Contractor(s) to complete the work within the contract period. Such damages shall include but not be limited to the following: impacts on Owner operations, inconvenience to the public, added cost of engineering and supervision, maintenance of detours and other items resulting from the Contractor’s failure to complete the work within the time specified in the contract. If the damages exceed the balance of monies that would otherwise have been due the Contractor, the Contractor or the Contractor’s Surety shall be responsible for payment of all such damages to the Owner as liquidated damages. All actual damages accruing to the Owner as a result of any delay shall be borne by the Contractor. 11.13 GUARANTEE The Contractor shall assume responsibility for all defects which may develop in any part of the bid project caused by faulty workmanship, material or equipment and agrees to replace any such faulty workmanship, material and equipment, during the period of two (2) years from date of final acceptance of the work without cost to the Owner. Contractor shall coordinate any manufacture’s warrantees for the Owner during the two year period, without any cost to the Owner. Acceptance of the plan shall not waive this guarantee. Final acceptance shall be determined as date of letter from Owner or Engineer approving final payment. Contractor is responsible for coordinating manufacturer warrantee replacements should problems arise in the guarantee period. Warrantee period shall begin upon contractor receipt of final payment, unless otherwise agreed upon in writing by the Owner. City of Superior, Wisconsin Contract Volume Benny Peterson Park 39 11.14 AS-BUILTS and WARRANTY DOCUMENTS - as applicable Within ten (10) days of substantial completion and prior to final payment by the Owner, the Contractor is to supply the Owner with project “as-builts” and all product warranty information. As-builts must be submitted in CAD, GIS or adobe file format or other format agreed upon by Owner. 11.15 CONTROL OF THE WORK MANY UTILITY OWNERS HAVE EXISTING FACILITIES NEAR OR AT THE LOCATION OF THE WORK REQUIRED UNDER THIS CONTRACT. The Contractor shall contact Diggers Hotline at 1-800-242-8511 to determine locations are safe and will make any adjustments recommend ed by the locator prior to performing any excavation operations under this contract. 11.16 SCOPE OF WORK The scope of work for this project shall be in accordance set forth in the Special Provisions. The Contractor shall be responsible for the maintenance of traffic. The Contractor shall provide, erect and maintain all barricades. 11.17 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC The Contractor shall work in cooperation with utility companies in the protection of water and gas mains and other utilities that may be within the limits of construction. It shall be the duty of the Contractor to notify the utility company or companies involved before starting work on this project. All necessary work of adjus ting any underground relocation will be performed by their owners, unless otherwise shown on the plans. The work to maintain and/or adjust these utilities shall be considered incidental to the project. The Superior Water, Light and Power Company will relocate any power poles or fire hydrants during construction operations, unless otherwise noted in the special provisions or if a cooperative agreement is established with Superior Water, Light and Power Company. The City of Superior has authority over all sanitary and storm sewers. The Superior Water, Light and Power Company will adjust all water shutoffs and gas shutoffs during construction. 11.18 SAFETY AND SECURITY The Contractor shall at all times perform in a safe and workmanlike manner to avoid injury City of Superior, Wisconsin Contract Volume Benny Peterson Park 40 or damage to any person or property. The Contractor shall comply with all requirements and specifications relating to the safety, health and sanitation measures applicable to the project. The Contractor shall exercise all necessary precautions for the safety of its employees, and be in compliance with all applicable federal, state and local laws, statutes, ordinances, rules and regulations, including , but not limited to, the Wisconsin Labor Code, The U.S. Department of Transportation Omnibus Transportation Employee Testing Act, Canadian Pacific – Minimum Safety Requirements for Contractors, and OSHA standards. The contractor shall provide all necessary safeguards, devices and protective equipment, including but not limited to adequate life protection and lifesaving equipment, and shall ensure the proper inspection and maintenance of safety measures are current and in compliance. The City may halt construction on any project where appropriate safety measures and equipment are not being used or any safety regulations are not being followed. Work will not be permitted to resume until required safety provisions have been made and delays as a result of this provision will not be considered a basis for an increase in the contract price or an extension of the completion deadline. 11.19 PRE-CONSTRUCTION CONFERENCE A preconstruction conference will be required prior to commencing work. The conference may be initiated by the contractor. 11.20 PROJECT DOCUMENT SUBMISSIONS As a condition of final payment, the following documents must be submitted and accepted by the City: a. Lien waivers – final unconditional lien waives from each sub-contractor and/or supplier must be submitted to the City. b. As-builts & product warranties - as noted in Section 11.13, these documents must be submitted to City. a. Retainage – Contractor’s final invoice is to indicate the balance of work completed and/or the total amount of retainage due the Contractor. c. Local inspections - final inspection reports must be submitted to the City. d. Project completion documentation - written documentation from the project engineer confirming the completion of the project. e. MBE/WBE and Section 3 form completed by Contractor f. Weekly certified payroll reports. g. Section 3 Worker & Targeted section 3 Worker Self Certification completed by Contractor and all SubContractors. These forms will be provided to the City upon request. City of Superior, Wisconsin Contract Volume Benny Peterson Park 41 12. ENGINEER CERTIFICATION (not applicable) City of Superior, Wisconsin Benny Peterson Park 42 13. SPECIAL PROVISIONS 13.1 SCOPE OF WORK Contractor to design, furnish, deliver and install playground equipment in accordance with the Special and Technical Specifications. The City of Superior will remove the old playground equipment and existing surfacing, install drain tiles, complete base prep and install new surfacing. The City will use and level base prep class 5 in preparation for the installation of the playground equipment. Products submitted must meet all standards and specifications herein. Respondents shall provide two (2) designs with the following. One design shall be chosen from the awarded Contractor. Each design submitted needs to be budgeted for a maximum of $ 130,000. This budget is inclusive of all design fees, costs to purchase the equipment, and all installation costs. All proposed playground equipment and the associated safety use zones must fit within the existing space of approximately 3,230 sf. Accessibility routes must be considered. Desired components: • A primary modular play structure with multiple access points and elevated platforms • One integrated 360-degree slide • Additional slide elements of varying heights or configurations • Climbing features such as nets, ladders, or climbing panels • Interactive or sensory play elements incorporated at both elevated and ground levels • Freestanding play components that complement the primary structure • A swing component that may include a mix of belt, tot, and/or inclusive seating options • Ground level play elements that provide accessible engagement opportunities 13.2 PROJECT TERM The final design is due June 30, 2026. Contractor to assume two edits to design submitted with proposal. Equipment and surfacing material shall be billed to the City of Superior by October 10, 2026. Project is to be completed by October 1, 2026. 13.3 SPECIAL/TECHNICAL SPECIFICATIONS 13.3.1. General A. The selected play equipment must be certified by the International Play Equipment Manufacturers’ Association (IPEMA). The design and play equipment must conform to all current ASTM, CPSC, IPEMA and ADA standards and guidelines and meet all standards and specifications under the applicable federal, state and local laws, statutes, ordinances and regulations. City of Superior, Wisconsin Benny Peterson Park 43 B. Equivalency to preferred product shall be at the sole discretion of the City of Superior Parks, Recreation and Forestry Department. Requests for approval for an equivalency must be provided in writing with all supporting documentation submitted at the time of bid. All decisions of the City of Superior Parks, Recreation and Forestry Department are final. Equivalency product documentation becomes the property of the City of Superior and will not be returned. C. Product determinations will be based on cost, type of equipment, configuration, ADA compliance, materials used, warranty, ease of installation, maintenance requirements, and other factors determined by the City. Bidders should provide as much detail as possible, including drawings or renderings of proposed equipment to facilitate a comparison. D. Price quoted shall be valid for 90 days. E. Use of the premises. Before beginning work, the contractor must secure approval from the City of Superior for the following: 1. Areas permitted for personnel parking. 2. Access to the site. 3. Areas permitted for storage of materials and debris. 4. Areas permitted for the location of cranes, hoists, dumpsters and chutes for loading and unloading materials, if so required. F. The contractor shall adequately protect paved areas, service drives, lawn, shrubs, trees, etc. from damage while performing the required work. Provide canvas, boards and sheet metal (properly secured) as necessary for protection and remove protection material at completion. The contractor shall repair or be responsible for costs to repair all property damaged during the installation. G. Safety. The contractor shall be responsible for all means and methods as they relate to safety and shall comply with all applicable local, state and federal requirements that are safety related. All related personnel shall be instructed daily to be mindful of the full time requirement to maintain a safe environment for visitors, customers and the occurrence of the general public on or near the site. H. Perform daily clean-up to collect all wrappings, empty containers, paper, and other debris from the project site. Upon completion, all debris must be disposed of in a legally acceptable manner. 13.3.2. SPECIAL SPECIFICATIONS, PLAY EQUIPMENT A. All products must be new, in original packaging and shipped in compliance with manufacturer’s instructions. B. No wood structures will be considered. City of Superior, Wisconsin Benny Peterson Park 44 C. All proposed units must meet the requirements of the Americans with Disabilities Act, as amended, for playground equipment, and respondent shall produce such documentation. D. Proposed play equipment structure shall be appropriate for ages 2-12 years and must support a 300 pound individual. E. Respondent shall provide information on what colors area available in the proposed unit; the City will select the colors upon placement of order. F. Respondent shall be responsible for delivery of the product and shall accept liability for any damages to the product until the project is accepted by the City. G. Proposed products must be a modular system and must use standard tools and installation methods. Maintenance requirements for equivalent systems must use standard tools and products. H. All damaged, improper or incorrect material will be promptly replaced by Contractor at no cost to the City. I. Contractor shall ensure that the specified product or equivalent shall arrive in a condition to meet warranty specifications and shall not cause the warranty to be voided. J. Contractor shall supply all nuts, bolts, screws and other equipment to properly assemble the product. 13.3.3. INSTALLATION REQUIREMENTS A. Contractor shall provide all labor, material, tools, equipment, and supervision necessary to complete the project as specified herein and in absolute accordance with the manufacturer’s most current specifications and details. B. The contractor(s) shall be fully knowledgeable of all requirements of the contract documents and shall make themselves aware of all job site conditions that will affect their respective work. C. Equipment shall be installed in accordance with all applicable regulations, ordinances statutes and rules, and shall not cause the City of Superior to be violation of same. 13.3.4. SCOPE OF WORK AND SPECS The contractor will be expected to comply with the following:  Due to the nature and location of the work, the selected Contractor must be able to complete the work closing the playground a minimal number of days and be able to safely work around the normal activity at the Park. City of Superior, Wisconsin Benny Peterson Park 45  Contractor will be responsible for any damage caused by their work or the installation of the playground equipment. Contractor will also be responsible for cleaning up any debris, etc., to the satisfaction of the City.  Delivery and installation shall be completed by October 1, 2026.  The Contractor shall inspect the work site prior to submitting a proposal.  The City will remove existing large playground equipment structure, stand alone slide, and the large bank of swings. There is an existing wood border around the entire play area that will be removed prior to installation of the playground equipment and replaced by the City after installation of the playground equipment.  Contractor will be expected to pay all fees and obtain all appropriate permits for the project as required. However, any fees associated with City issued permits shall be waived.  Proposers shall indicate the total number of days the park will need to be closed to the public.  The Contractor shall maintain the site in a neat and orderly condition at all times. The Contractor shall pick up and dispose of trash and debris at the end of each workday and ensure that there are no discharges of debris, chemicals, trash, wash-down water, or materials of any kind off the project site into the streets, creeks, or streams.  The Contractor, before leaving the site, shall wash and clean all exposed surfaces which have become soiled or marked. The Contractor shall remove from the site of the work all accumulated debris and surplus material of any kind which result from his operation. The completed project shall be turned over to the City in a neat and orderly condition.  All damage, as a result of the work under this Contract, to the existing structures, pavement, driveways, curb and gutter, sidewalks, cart paths, utility poles, utility pipelines, conduits, drains, catch basins, fences, and including other obstructions not specifically mentioned herein shall be repaired by the Contractor at no cost to the City.  Any wash water that is used to clean off surfaces of the structure, parking lot, etc. shall be contained by appropriate containment materials (not straw bales) and not allowed to run into the creek or stormdrains. The wash water must be disposed of either as an approved sanitary sewer discharge, or as hazardous waste. In the case of spills of any products used, it must also be contained and disposed of as hazardous waste.  The Contractor shall make every effort to protect existing property and is responsible for any damage that is done. For this reason, the Contractor is to City of Superior, Wisconsin Benny Peterson Park 46 document existing conditions prior to starting project (i.e. photograph the area prior to start of construction).  The job site is to be secured for potential safety hazards. 13.3.5. PLAYGROUND EQUIPMENT SPECIFICATIONS  The design and equipment must meet or exceed all current federal CPSC, ASTM and IPEMA standards and conform to ADA requirements.  The design should incorporate imagination and uniqueness. The new play structure should be designed to focus primarily on ages 2-12 and must support a 300 pound individual.  Material specification for all equipment and fasteners must be provided. Standards for installation must also be provided.  Proposal shall provide a list of the components proposed for the playground equipment. Include structure and component model numbers, materials, color choices and recommendations, protective area requirements, target age ranges and developmental levels, target play type or activity, estimated lifetime of equipment including manufacturer’s warrantee and any other relevant descriptive information.  Full warranty information must be included. 13.3.6. SUBMITTAL REQUIREMENTS The company must include the following with their proposal submission: a. Brief description of the company’s qualifications b. Brief list and description of similar recently completed projects. c. Minimum of five references where the company completed a similar project within the last two (2) years d. A qualification summary of any subcontractor e. Complete detail specifications for the equipment f. Layout and color drawings/renderings of the proposal area with multiple views showing all sides and an overhead layout are required g. Timeline of project h. Price i. All renderings should be electronic in format • One (1) – 11” x 17” site/design plan with specific play components, use zones, circulation layouts for safe play • One (1) – 11” x 17” Color 3D rendering j. A written list of all play elements / events - please indicate proposed ADA elements. City of Superior, Wisconsin Benny Peterson Park 47 k. Documentation that proposed playground equipment meets all ADA, ASTM, CPSC and IPEMA standards/guidelines. The contractor and subcontractors installing the playground equipment must meet the following requirements: a. Installation of equipment according to manufacturer’s specifications. The factory certification of the installer must be presented with each proposal. b. Provide end of installation verification/certification that equipment has been installed correctly c. Must be certified through the National Playground Safety Institute, d. Must have completed and passed the Playground Construction School Course as set forth by the International Playground Contractors Association (must submit documentation with proposal) e. Must be a member of the National Playground Contractors Association, Inc. (must submit documentation with proposal) f. Must be an installer with the National Playground Contractors Association, Inc. (must submit documentation with proposal.) Upon completion of installation, the Contractor must provide documentation attesting the equipment has been installed meeting all specifications thereby warranted by manufacture r. Additionally, it is the proposer’s responsibility to provide the City a written copy of the manufacturer’s warranty for all installed equipment. 13.4 TECHNICAL REQUIREMENTS AND SPECIFICATIONS 13.4.1 Playground equipment shall be designed for children two to twelve years of age and must support a 300 pound individual. 13.4.2 Materials: All materials shall be structurally sound and suitable for safe play. Durability shall be ensured on all steel parts by the use of time-tested coatings such as zinc plating, galvanizing, powder coat finish, PVC coating, etc. Colors shall be specified by the Bidder. 13.4.4 Fasteners: Primary fasteners shall be socketed and pinned tamperproof in design, stainless steel (SST) per ASTM F879, http://www.astm.org/Standards/F879.htm, unless otherwise indicated (see specific product installation/specifications). All primary fasteners shall include a locking patch-type material that will meet the minimum torque requirements of IFI-125, http://www.indfast.org/shop/product_detail.asp?cat=3&m=0&id=120. Manufacturers shall provide special tools for pinned tamperproof fasteners. 13.4.5 PVC Coating: Metal components shall be PVC coated and thoroughly cleaned in a hot phosphatizing pressure washer, then primed with a water-based thermosetting solution. 13.4.6 Powder Coat Finish: All metal components with powder coat finish shall be thoroughly cleaned and phosphatized. City of Superior, Wisconsin Benny Peterson Park 48 14. CONTRACT CHANGE ORDER Benny Peterson Park Improvements Change Order No. Contractor: Item No. Description of Change DECREASE in contract price INCREASE in contract price - - - - Total DECREASE in contract price XXXXXXXXXX - - - - Total INCREASE in contract price XXXXXXXXXX - - - - NET decrease/increase in contract price - + The current contract total is $ . The sum of $ is hereby added to/ deducted from the total contract price and the total adjusted contract price is thereby $ . Change orders over $5,000.00: City Finance Department Initial:_________ The time provided for completion of the contract is (check one): unchanged increased by calendar/working days decreased by calendar/working days Necessity for change: This document shall become an amendment to the contract and all provisions of the contract will apply hereto. Change order recommended by: Date: (owner, architect, contractor - circle one) Change order accepted by: Date: (contractor) Change order approved by: Date: (owner - City of Superior) "General Decision Number: WI20260007 01/02/2026 Superseded General Decision Number: WI20250007 State: Wisconsin Construction Type: Building County: Douglas County in Wisconsin. BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including 4 stories) Modification Number     Publication Date           0             01/02/2026  ASBE0049‐008 05/01/2025                                   Rates          Fringes Asbestos Removal    worker/hazardous material    handler (Includes    preparation, wetting,    stripping, removal,    scrapping,  vacuuming,    bagging and disposing of all    insulation materials from     mechanical systems whether    they contain asbestos or not)....$ 49.17            23.83 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐  BOIL0107‐001 01/01/2025                                   Rates          Fringes BOILERMAKER        Boilermaker.................$ 46.52            34.63 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐  BRWI0002‐001 06/01/2025                                   Rates          Fringes Bricklayer & Tile Setter.........$ 48.60            29.31 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐  CARP0361‐003 05/05/2025                                   Rates          Fringes Carpenter (Including Drywall    Hanging,  Acoustical Work;    Excluding Batt  Insulation)......$ 40.79            27.90 Piledriver.......................$ 47.71            30.98 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐  ELEC0014‐005 05/25/2025                                   Rates          Fringes Electricians (Teledata System    Installer/Technician)............$ 31.17            20.08   Low voltage construction, installation, maintenance and   removal of teledata facilities (voice, data, and video)   including outside plant, telephone and data inside wire,   interconnect, terminal equipment, central offices, PABX,   fiber optic cable and equipment, micro waves, V‐SAT,   bypass, CATV, WAN (wide area networks), LAN (local area   networks), and ISDN (integrated systems digital network). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐  ELEC0242‐001 06/01/2025                                   Rates          Fringes ELECTRICIAN......................$ 47.46            33.34 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐  ELEV0009‐003 01/01/2025                                   Rates          Fringes ELEVATOR MECHANIC................$ 62.52       38.435+a+b FOOTNOTE:       a.PAID VACATION:  Employer contributes 8% of regular hourly   rate as vacation pay credit for employees with more than 5   years of service, and 6% for 6 months to 5 years of service.   b.PAID HOLIDAYS: New Years Day, Memorial Day, Independence   Day, Labor Day, Veterans Day, Thanksgiving Day, Friday   after Thanksgiving, and Christmas Day. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐  ENGI0139‐002 06/02/2025                                   Rates          Fringes OPERATOR:  Power Equipment        Group 1.....................$ 50.53            27.89      Group 2.....................$ 49.28            27.89      Group 3.....................$ 45.73            27.89      Group 4.....................$ 45.20            27.89      Group 5.....................$ 43.13            27.89      Group 6.....................$ 41.60            27.89 HAZARDOUS WASTE PREMIUMS: EPA Level ""A"" Protection: $3.00 per hour EPA Level ""B"" Protection: $2.00 per hour EPA Level ""C"" Protection: $1.00 per hour POWER EQUIPMENT OPERATORS CLASSIFICATIONS     GROUP 1:  Cranes, Tower Cranes and Derricks with or without   attachments with a lifting capacity of over 100 tons;   Cranes, Tower Cranes, and Derricks with boom, leads and/or   jib lengths 176 ft or longer.   GROUP 2:  Backhoes (Excavators) weighing 130,000 lbs & over;   Cranes, Tower Cranes and Derricks with or without   attachments with a lifting capacity of 100 tons or less;   Cranes, Tower Cranes, and Derricks with boom, leads, and/or   jib lengths 175 ft or less; Caisson Rigs; Pile Driver   GROUP 3:  Backhoes (Excavators) weighing under 130,000 lbs;   Travelling Crane (bridge type); Milling Machine; Concrete   Paver over 27 E; Concrete Spreader and Distributor;   Concrete Laser Screed; Concrete Grinder and Planing   Machine; Slipform Curb and Gutter Machine; Boring Machine   (Directional); Dredge Operator; Skid Rigs; Over 46 meter   Concrete Pump.   GROUP 4:  Hydraulic Backhoe (tractor or truck mounted);   Hydraulic Crane, 10 tons or less; Tractor, Bulldozer, or   End Loader (over 40 hp); Motor Patrol; Scraper Operator;   Bituminous Plant and Paver Operator; Screed‐Milling   Machine; Roller over 5 tons; Concrete Pumps 46 meter &   under; Grout Pumps; Rotec Type Machine; Hydro Blaster,   10,000 psi and over; Rotary Drill Operator; Percussion   Drilling Machine; Air Track Drill with or without integral   hammer; Blaster; Boring Machine (vertical or horizontal);   Side Boom; Trencher, wheel type or chain type having 8 inch   or larger bucket; Rail Leveling Machine (Railroad); Tie   Placer; Tie Extractor; Tie Tamper; Stone Leveler; Straddle   Carrier; Material Hoists; Stack Hoist; Man Hoists; Mechanic   and Welder; Off Road Maaerial Haulers   GROUP 5:  Tractor, Bulldozer, or Endloader (under 40 hp);   Tampers ‐Compactors, riding type; Stump Chipper, large;   Roller, Rubber Tire; Backfiller; Trencher, chain type   (bucket under 8 inch); Concrete Auto Breaker, large;   Concrete Finishing Machine (road type); Concrete Batch   Hopper; Concrete Conveyor Systems; Concrete Mixers, 14S or   over; Pumps, Screw Type and Gypsum); Hydrohammers, small;   Brooms and Sweeeprs; Lift Slab Machine; Roller under 5   tons; Industrial Locomotives; Fireman (Pile Drivers and   Derricks); Pumps (well points); Hoists, automatic; A‐Frames   and Winch Trucks; Hoists (tuggers); Boats (Tug, Safety,   Work Barges and Launches); Assistant Engineer   GROUP 6:  Shouldering Machine Operator; Farm or Industrial   Tractor mounted equipment; Post Hole Digger; Auger   (vertical and horizontal); Skid Steer Loader with or   without attachments; Robotic Tool Carrier with or without   attachments; Power Pack Vibratory/Ultra Sound Driver and   Extractor; Fireman (Asphalt Plants); Screed Operator; Stone   Crushers and Screening Plants; Air, Electric, Hydraulic   Jacks (Slip Form); Prestress Machines; Air Compressor, 400   CFM or over; Refrigeration Plant/Freese Machine; Boiler   Operators (temporary heat); Forklifts; Welding Machines;   Generators; Pumps over 3""; Compressors, under 400 CFM;   Heaters, Mechanical; Combination small equipment operator;   Winches, small electric; Oiler; Greaser; Rotary Drill   Tender; Conveyor; Elevator Operator ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐  IRON0512‐022 05/01/2025                                   Rates          Fringes Ironworkers:.....................$ 42.89            36.86 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐  LABO1091‐008 05/01/2025                                   Rates          Fringes Laborer, General.................$ 36.04            23.47 Laborer: Asbestos/hazardous    material remover.................$ 37.04            23.47 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐  PAIN0106‐003 05/05/2025                                   Rates          Fringes Painters:        New Commercial:       Brush and Roller...........$ 38.17            27.26       Paperhanger, Spray, Taper..$ 38.77            27.26       Spray, Sandblast, Steel....$ 38.77            27.26      Repaint & Residential:       Brush and Roller...........$ 36.67            27.26       Paperhanger, Spray, Taper..$ 37.27            27.26       Spray, Sandblast, Steel....$ 37.27            27.26 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐  PAIN0106‐006 05/05/2025                                   Rates          Fringes GLAZIER..........................$ 38.76            27.43 FOOTNOTE:     1 to 4 years' service ‐ 1 week's paid vacation; 5 to 11 years   ‐ 2 weeks paid vacation; 11 years or more ‐ 3 weeks paid   vacation ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐  PLAS0633‐048 06/01/2025                                   Rates          Fringes CEMENT MASON/CONCRETE FINISHER...$ 47.22            31.90 PLASTERER........................$ 40.84            25.66 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐  PLUM0011‐002 05/05/2025                                   Rates          Fringes PLUMBER/PIPEFITTER (Including    HVAC work).......................$ 52.24            27.56 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐  SFWI0669‐002 04/01/2025                                   Rates          Fringes SPRINKLER FITTER.................$ 51.68            29.73 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐  SHEE0010‐012 05/01/2009                                   Rates          Fringes SHEET METAL WORKER (Including    HVAC duct work and    Technicians).....................$ 31.61            16.52 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐  TEAM0346‐002 05/01/2025                                   Rates          Fringes TRUCK DRIVER        1 & 2 Axles.................$ 35.79            24.13      3 or More Axles.............$ 36.06            24.13 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐   SUWI2002‐008 01/23/2002                                   Rates          Fringes Asbestos Worker/Heat and    Frost Insulator..................$ 25.36             8.37    Laborers:        Concrete Workers............$ 16.34             3.59      Landscape...................$  8.73             4.90    ROOFER...........................$ 18.01             3.28    Tile & Marble Finisher...........$ 13.89             8.30 ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ WELDERS ‐ Receive rate prescribed for craft performing operation to which welding is incidental. ================================================================ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal  Contractors applies to all contracts subject to the Davis‐Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017.  If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health‐related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health‐related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking.  Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government‐contracts. Note: Executive Order 13658 generally applies to contracts subject to the Davis‐Bacon Act that were awarded on or between January 1, 2015 and January 29, 2022, and that have not been renewed or extended on or after January 30, 2022. Executive Order 13658 does not apply to contracts subject only to the Davis‐Bacon Related Acts regardless of when they were awarded. If a contract is subject to Executive Order 13658, the contractor must pay all covered workers at least $13.30 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025.  The applicable Executive Order minimum wage rate will be adjusted annually.   Additional information on contractor requirements and worker protections under Executive Order 13658 is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)). ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ ‐ The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers A four‐letter identifier beginning with characters other than ""SU"", ""UAVG"", ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198‐005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG‐OH‐0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The ""SU"" identifier indicates that either a single non‐union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non‐union rates. Example: SUFL2022‐007 6/27/2024. SU indicates the rate is a single non‐union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c)(1). State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)‐(h).  Example: SAME2023‐007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be:            a) a survey underlying a wage determination            b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to:             Branch of Wage Surveys             Wage and Hour Division             U.S. Department of Labor             200 Constitution Avenue, N.W.             Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD‐Office@dol.gov or by mail to:             Branch of Construction Wage Determinations             Wage and Hour Division             U.S. Department of Labor             200 Constitution Avenue, N.W.             Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to:             Wage and Hour Administrator             U.S. Department of Labor             200 Constitution Avenue, N.W.             Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board).  Write to:             Administrative Review Board             U.S. Department of Labor             200 Constitution Avenue, N.W.             Washington, DC 20210. ================================================================           END OF GENERAL DECISION " Parks & Recreation Commission Agenda Date: March 19, 2026 MEMORANDUM DATE: March 17, 2026 TO: Mayor Jim Paine, Parks & Recreation Commission and Members of the City Council FROM: Bridgit Maruska, Parks, Recreation & Forestry Director RE: Recommendation to award the 44th Avenue E Concept Design Phase Introduction The Parks, Recreation & Forestry Department is recommending the Parks & Recreation Commission and City Council approve the award and agreement with Stantec Consulting Services, Inc. for the 44th Avenue East Concept Design Project for $108,218.00. Background The City of Superior, Wisconsin will plan and design public access improvements along a 22.5-acre waterfront parcel with 7,550 feet of shoreline on the St. Louis River and Allouez Bay. The site, known locally as 44th Ave East (Bunge Dock), is adjacent to the Allouez and Itasca neighborhoods. The City purchased most of the site in October 2023 for $200,000 when the opportunity became available, allowing for the planning and design phase of development. The project supports the St. Louis River Area of Concern by protecting shoreline resources, enhancing access, and supporting the removal of Beneficial use Impairments, such as Loss of Fish and Wildlife Habitat and Degraded Aesthetics. The City of Superior issued a request for qualifications (RFQ) on November 29, 2025, in accordance with the Federal Brooks Act that mandates agencies use a qualifications-based selection process for the architectural and engineering services. On January 6, 2026, 11 proposals were received in response to our request. Received: Confluence, Inc., MSA, BARR Engineering, Urban Ecosystems, Stantec Consulting, Damon Faber Landscape, Northland Consulting Engineers, Emmons & Oliver, Ramboll, Ayres, and WF Baird & Associates. The proposals were reviewed by City staff and three firms were selected to move into the next step of interviewing. After the interview process, City staff selected Stantec to move into the process of developing the project scope for this phase and providing its project cost based on their extensive similar project examples, depth of staff and their experience, and responses to predetermined questions and the open Q&A portion. Stantec also has experience with EPA grant requirements, Wisconsin permitting and regulations, and has staff to support and explore future grant opportunities for possible funding of the construction phase. Parks, Recreation & Forestry 1316 North 14th Street, 2nd Floor Superior, WI 54880 Web site: www.ci.superior.wi.us Phone: (715) 395-7270 Fax: (715) 395-7346 TTY: (715) 395-7521 Contractor activities include public engagement, site assessment, concept design engineering design and estimated construction costs. Tasks 1-4, as detailed in their proposal, also include boundary survey and title review, fish and wildlife surveys, and the grant required Quality Assurance Project Plan (QAPP). St. Louis River Alliance (SLRA) has also been engaged, through the stipulations of the grant, to support the community engagement for this project. Budget The project is fully funded by a U.S. Environmental Protection Agency (EPA) grant. The Superior Common Council approved the $250,000.00 grant at the September 2, 2025, meeting. Recommendation It is the recommendation that the City of Superior, through its Parks, Recreation & Forestry Department, approve and award the 44th Avenue East Concept Design Project to Stantec Consulting, Inc., for the not to exceed amount of $108,218.00 for Tasks 1-4 as outlined in the attached agreement. Approved: ___________________________________ ________________ Jim Paine, Mayor Date Denied: ______________________________________ ________________ Jim Paine, Mayor Date Agreement Professional Engineering Services Agreement for the 44th Avenue East Project This agreement made this _____ day of_________________ 2026, by and between, Stantec Consulting Services, Inc., located at 11 E. Superior St, suite 330, Duluth, Minnesota (herein known as ‘Consultant’), and the City of Superior, a municipal corporation, through its Parks, Recreation & Forestry Department (herein known as ‘City’). The parties to this Agreement shall be bound by the following terms and conditions. Scope Consultant services include the Tasks 1-4 included in Exhibit A, “Scope of Services” as identified by the Parks, Recreation & Forestry Department. By reference, Exhibit A is hereby incorporated into this Agreement but shall not in any way restrict the services provided by Consultant, nor prohibit the Parks, Recreation & Forestry Director from requesting other tasks or procedures germane to the Agreement. If there are other tasks identified by the Parks, Recreation & Forestry Director that are beyond the scope identified in Exhibit A, Tasks 1-4, these will be considered extra services and can be added to this Agreement by an amendment. Term The term of this agreement shall be from the date of the agreement through December 31, 2026, or until completion of the scope of services. Services and Fees Costs shall be full compensation for services performed or services rendered and for all labor, materials, supplies, equipment, incidentals, applicable taxes, fees and applicable expenses, necessary to complete the services for a not to exceed amount of one hundred eight thousand, two hundred eighteen dollars ($108,218.00), attached Exhibit A and incorporated herein by reference. All other expenditures shall be the sole responsibility of the Consultant. Changes to services and/or fees that are agreed to by both parties shall be acknowledged in an amendment signed by both parties. Payments Consultant may invoice the City of Superior on a monthly basis during the progress of the work for partial payment on account for work completed and accepted to date and shall not impose any penalties or interest for amounts invoiced. The invoice shall be itemized and, in a form satisfactory to the City, of expenses incurred in the previous period. The City shall pay agreed upon amounts within thirty (30) days of receipt. Insurance Consultant shall provide up-to-date, accurate professional liability information on Consultant’s Data Record, including amount of insurance, deductible, carrier and expiration date of coverage. Consultant shall furnish the City with an endorsement for earlier notice of cancellation and/or non-renewal and the Certificate of Insurance showing the type, amount, deductible, effective date and date of expiration of such policy. Consultant shall not cancel or materially alter this coverage without prior written approval by the City. Consultant shall be responsible for consultants maintaining professional liability insurance during the life of their Agreement and for 2 years after final acceptance for the service. Consultant and its subconsultants retained under the terms of this Agreement shall procure and maintain professional liability insurance providing for payment of the insured's liability for errors, omissions or negligent acts arising out of the performance of the professional services required under this Contract. It is hereby agreed and understood that the insurance required by the City is primary coverage and that any insurance or self-insurance maintained by the City, its officers, council members, agents, employees or authorized volunteers will not contribute to a loss. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, if any, in the agreement or listed below whichever is longer. 1. PROFESSIONAL LIABILITY A. Limits (1) $1,000,000 each claim (2) $1,000,000 annual aggregate B. Must continue coverage for 2 years after final acceptance for service/job 2. GENERAL LIABILITY COVERAGE A. Commercial General Liability (1) $1,000,000 each occurrence limit (2) $1,000,000 personal liability and advertising injury (3) $2,000,000 general aggregate (4) $2,000,000 products - completed operations aggregate B. Claims made form of coverage is not acceptable. C. Insurance must include: (1) Premises and Operations Liability (2) Contractual Liability (3) Personal Injury (4) Explosion, collapse and underground coverage (5) Products/Completed Operations must be carried for 2 years after acceptance of completed work. (6) The general aggregate must apply separately to this project/location 3. BUSINESS AUTOMOBILE COVERAGE A. $1,000,000 combined single limit for Bodily Injury and Property Damage each accident B. Must cover liability for Symbol #1 - "Any Auto" - including Owned, Non- Owned and Hired Automobile Liability. 4. WORKERS COMPENSATION AND EMPLOYERS LIABILITY A. Must carry coverage for Statutory Workers Compensation and an Employers Liability limit of: (1) $100,000 Each Accident (2) $500,000 Disease Policy Limit (3) $100,000 Disease - Each Employee 5. UMBRELLA LIABILITY - Provide coverage at least as broad as the underlying Commercial General Liability, Automobile Liability and Employers Liability, with a minimum limit of $2,000,000 each occurrence and $2,000,000 aggregate, and a maximum self-insured retention of $10,000. 6. ADDITIONAL INSURANCE PROVISIONS A. Primary and Non -contributory requirement - all insurance must be primary and non - contributory to any insurance or self-insurance carried by City B. Acceptability of Insurers - Insurance is to be placed with insurers who have an A.M. Best rating of no less than A- and a Financial Size Category of no less than Class VII, and who are authorized as an admitted insurance company in the state of Wisconsin. C. Additional Insured Requirements - The following must be named as additional insureds on the General Liability and Business Automobile liability coverage arising out of project work - City, and its officers, council members, agents, employees and authorized volunteers. On the Commercial General Liability Policy, the additional insured coverage must be ISO form CG 20 10 07 04 and also include Products - Completed Operations additional insured coverage per ISO form CG 20 37 07 04 or their equivalents for a minimum of 2 years after acceptance of work. This does not apply to Workers Compensation Policies. D. Deductibles and Self-Insured Retentions - Any deductible or self-insured retention must be declared to and approved by the City. E. Evidences of Insurance - Prior to execution of the agreement, the Consultant shall file with the City a certificate of insurance (Accord Form 25-S or equivalent) signed by the insurer's representative evidencing the coverage required by this agreement. In addition form CG 20 10 07 04 for ongoing work exposure a nd form CG 20 37 07 04 for products -completed operations exposure must also be provided or its equivalent. F. Provide a waiver of subrogation in favor of the City for the workers’ compensation and liability insurances. Agreement General Terms and Conditions 1. No Relationship. Consultant understands and agrees that the relationship of Consultant and the City arising out of this agreement is that of a contracted service provider, not an employee or contracted employee of the City or any other entity within the municipality, and therefore, is not entitled to any benefits provided to employees of the City. 2. Taxes. Consultant will act as an independent contractor and will be responsible for all federal, state and local taxes arising in accordance with this contract, as well as any other taxes, fees or licensing expenses pertaining to these services. 3. Confidentiality. Consultant shall diligently protect the confidentiality of any information, documentation or communication received from the City that contains personal, financial or other information of a confidential nature, and shall not disclose said information to any other persons, organizations or entities without the expressed written approval of the City, except that Consultant may disclose confidential information that is reasonably necessary to defend itself in the event of a dispute. Nothing herein shall be construed to conflict with the obligations under Wisconsin Public Records Law, Wis. Stat. §19.31, et. Seq. 4. Qualifications. By accepting this agreement, Consultant represents that they possess the necessary skills and qualifications to perform work under this agreement. Consultant will comply with all applicable local, state, and federal licensure requirements and will provide proof upon request. 5. Legal Relations. Recommendations, policies, procedures and other communications provided by the Consultant under this agreement will comply with all applicable laws, ordinances, rules and regulations promulgated and enforced by the City and any other proper authority having jurisdiction over the conduct of the operations of the City. The Consultant shall comply with and observe federal, state and local laws that may be applicable to the project. In carrying out provisions of this Agreement or exercising power or authority granted to the Consultant thereby, there shall be no personal liability to the City, it being understood that in such matters the City acts as representatives of the State. The Consultant is not an agent of the State. 6. Assignment of Agreement. The Consultant shall not subcontract, assign or transfer any part of this work to any other parties without the express written agreement of the City. 7. Claims. Claims, disputes and other matters in question arising from the performance of this contract shall be brought to the Director of Parks, Recreation & Forestry for review and mutual resolution. If the parties cannot mutually resolve the matters in question, the parties shall endeavor to settle disputes by mediation. A demand for mediation shall be filed, in writing, within a reasonable period of time after a claim, dispute, or other matter in question has arisen. In no event shall a demand for mediation be made after the date when the institution of legal or equitable proceedings, based upon such a claim, dispute, or other matter in question would have been barred by an applicable statute of limitations. 8. Ownership of Documents. All drawings, specifications, renderings, models, approved copies, manuals and other such documents prepared by the Consultant or any party pursuant to this Agreement shall become the property of the City of Superior on completion and acceptance of any of the Consultant’s work, or upon termination of the Agreement and upon payment with the terms of this Agreement, and shall be delivered to the City of Superior upon request. 9. Indemnifications. Consultant hereby agrees to indemnify and hold harmless the City, its elected and appointed officials, officers, employees, representatives, and volunteers, and each of them, from and against any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, interest, attorney’s fees, costs, and expenses of whatever kind or nature in any manner directly or indirectly caused, occasioned, or contributed to in whole or in part or claimed to be caused, occasioned, or contributed to in whole or in part, by reason of any negligent act or omission, whether active or passive or willful misconduct of Consultant or of anyone acting under its direction or control or on its behalf. The obligation to indemnify, defend and hold harmless the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers, and each of them, shall be applicable only to the proportionate fault of Consultant or anyone acting under its direction or control. Consultant shall reimburse the City, its elected and appointed officials, officers, employees, agent or authorized representatives or volunteers for any reasonable legal expenses and costs incurred by each of them in proportion to Consultant’s fault or in enforcing the indemnity herein provide. In the event that Consultant employs other persons, firms, corporations or entities (subcontractor) or volunteers as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require and confirm that each sub-contractor enters into an Indemnity Agreement in favor of the City, its elected and appointed officials, officers, employees, agents, representatives and volunteers, which is identical to this Indemnity Agreement. 10. Final Payment. Prior to final payment, the Parks, Recreation & Forestry Department shall review project documents, recommendations, tasks and procedures, etc., and all other recommendations submitted by Consultant to determine the satisfaction thereof; it will be at the Parks, Recreation & Forestry Department’s sole discretion when the final payment is made. Final payment will be made to Consultant within thirty (30) days of the City’s acceptance of services as complete. 11. Deficiencies. Consultant shall not be entitled to payment for work found deficient or failing to conform to the requirements set forth in this agreement and is not entitled to further payments until corrected to the satisfaction of the Director of Parks, Recreation & Forestry. The City will inform the Consultant of any deficiencies and/or items that do not conform to this agreement within thirty (30) days of receipt. 12. Termination. This Agreement may be terminated by either party without cause upon thirty (30) days written notice to the other. In the event of termination, Consultant shall be paid for services performed to termination date. The results of the work by Consultant shall immediately be turned over to the City of Superior, and is a condition of final payment. 13. Warranty of Documents. The City, its representatives, employees, and agents make no representations of the accuracy of documents, drawings, procedures, etc., provided to Consultant under this Agreement, and shall not be held liable for the inadequacy thereof. To the greatest extent possible, any document, drawing, procedure, etc., provided by the City for the purposes of the project that cannot be utilized as reliable information by the Consultant shall be noted as such by the City in the transmittal of the material. 14. Entire Agreement. This Agreement contains the entire understanding of the parties with respect to the maters contained herein and supersedes all other written and oral agreements between the parties with respect to such matters. 15. Modification. This Agreement is binding only when signed by both parties. Any modifications or amendments must be in writing and signed by both parties. 16. Force Majeure. Each party shall be excused from any breach of this Agreement which is caused by war, strike, act of Nature or other similar circumstances normally deemed outside the control of well-managed businesses. 17. Governing Law. The Agreement will be interpreted, and the rights and liabilities of the Parties determined, in accordance with the laws of the State of Wisconsin. 18. Headings and Captions. Headings and Captions appear solely for convenience of reference. Such headings and captions are not part of this agreement and shall not be used to construe it. 19. Validity. If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 20. Integrated Agreement. This Agreement contains the entire agreement and understanding among the Parties regarding the matters set forth herein and supersedes all previous negotiations, discussions, and understandings regarding such matters. The Parties acknowledge and represent that they have not relied on any promise, inducement, representation, or other statement made in connection with this Agreement that is not expressly contained herein. The terms of this Agreement are contractual and not a mere recital. 21. Safety And Security. The Consultant shall at all times perform in a safe and workmanlike manner to avoid injury or damage to any person or property. The Consultant shall comply with applicable requirements and specifications relating to the safety, health and sanitation measures applicable to the project. The Consultant shall exercise the applicable necessary precautions for the safety of its employees, and be in compliance with applicable federal, state and local laws, statutes, ordinances, rules and regulations. Including, but not limited to, the Wisconsin Labor Code, The U.S. Department of Transportation Omnibus Transportation Employee Testing Act, and OSHA standards. The Consultant shall provide its employees with all necessary safeguards, devices and protective equipment, including but not limited to adequate life protection and lifesaving equipment, and shall ensure the proper inspection and maintenance of safety measures are current and in compliance. The City may halt progress on any project where appropriate safety measures and equipment are not being used or any safety regulations are not being followed. Services will not be permitted to resume until required safety provisions have been made and delays as a result of this provision will not be considered a basis for an increase in the Agreement price or an extension of the completion deadline. 22. Standard of Care. Consultant represents that it will perform the Services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances at the same time and in the same locality. To the extent Consultant’s services do not meet this standard of care; Consultant shall re-perform its work at no cost to the City. 23. Appropriation. State and/or Federal funds may be used to fund all or part of this Agreement. Allowances detailed in the Project scope shall be awarded at the City’s discretion, and is subject to available funding, project progress and other terms and conditions as identified by the City. The City will not be held liable for any damages incurred due to changes in State or Federal funding, including (but not limited to) a reduction, delay, or cancellation of the project. 24. Non-Discrimination. Upon execution of this Agreement, Contractor agrees as follows: Contractor and all Subcontractors do not discriminate against any employee, applicant for employment, independent contractor, or any other persons because of race, color, religion, sex, sexual orientation, gender identity, or national origin. 25. Authority. The Consultant represents that it has the authority to enter into this Agreement. If the Consultant is not an individual, the person(s) signing on behalf of the Consultant represents and warrants that they have been duly authorized to bind the Consultant and sign this Agreement on the Consultant’s behalf. 26. Waiver of Consequential Damages. Neither the City nor the Consultant shall be liable to the other or shall make any claim for any incidental, indirect, or consequential damages arising out of or connected to this Agreement or the performance of the services on this Project. This mutual waiver includes, but is not limited to, damages related to loss of use, loss of profits, loss of income, loss of markets, unrealized energy savings, diminution of property value or loss of reimbursement or credits from governmental or other agencies. 27. Limitation of Liability. The total amount of all claims the City may have against the Consultant under this Agreement or arising from the performance or non-performance of the Services under any theory of law, including but not limited to claims for negligence, negligent misrepresentation and breach of contract, shall be strictly limited to $500,000. The parties intending to be legally bound have executed this agreement on the day and year set forth above. Signatures Company: Stantec Consulting Services Inc. Address: 11 E. Superior St, Suite 300, Duluth, MN 55802 _____________________________ __________________________________ Name/Title Name/Title ATTEST: CITY OF SUPERIOR, WISCONSIN ___________________________________ Jim Paine, Mayor Heidi Blunt, City Clerk ___________________________________ Nicholas Rhinehart, Finance Director Frog Prell, City Attorney Provision has been made to pay the liability that will accrue under this contract. *Approved by Superior Common Council on March 16, 2026 City of Superior, WI Page 1 of 6 Reference: Superior Public Access – 44th Ave East March 16, 2026 Bridgit Maruska Parks, Recreation, & Forestry Director City of Superior, WI Dear Ms. Maruska, Reference: Superior Public Access – 44th Ave East Stantec Consulting Services Inc. (Stantec) is pleased to provide the following proposed scope of work and fee estimate for the Superior Public Access – 44th Ave East project. The proposed project is located at the east of the city at the former Bunge Dock with an anticipated maximum project study and development area of approximately 20.4 acres. Our project understanding and proposed approach for the work is guided by our experience with community development, staff local to Duluth/Superior committed to the technical design review and public engagement, and our prior experience completing similar projects within the region. Stantec proposes to provide the following professional services to support the planning, design, and coordination of the 44th Avenue East Project. The Scope of Services is organized by task and reflects the anticipated level of effort required to meet project goals and regulatory requirements. We welcome the opportunity to further discuss our understanding of the project and the necessary tasks we see as part of this process. Project Understanding Stantec understands that the City of Superior, in coordination with the St. Louis River Alliance, is advancing improvements at the 44th Avenue East Project site to support public access, ecological restoration, and long-term site functionality. The project will build upon existing studies and environmental documentation and advance the site through inventory, public engagement, conceptual design, and engineering design in a phased and grant-compliant manner. Project Objectives The sidewall assessment and engineering solution will: • Engage with the community as a collaborative effort with the SLRA and the City to achieve a framework for the implementation of public access and park amenity goals for development. • Prioritize engagement efforts with the Allouez neighborhood. • Work with the City and the Duluth Power Squadron pertaining to land use and access within the master plan. • Develop a preferred Master Plan Concept including necessary phasing for current and future implementation. • Design of construction bidding documents for the initial phase of development. January 29, 2026 State of Minnesota - City of Superior, WI Page 2 of 6 Reference: Superior Public Access – 44th Ave East Schedule March 19, 2026 Agreement prepared for Consideration April 2026 Procure Professional Services April - June 2026 Inventory and Analysis June - August 2026 Public Engagement and Concept Development September 2026 Final Draft Concept Plan November 2026 Final Concept Design January 2027 30% Construction Documents February 2027 60% Construction Documents March 2026 100% Construction Documents Work Plan Task 1 – Project Management Stantec will provide overall project management and coordination throughout the duration of the project. Services will include participation in monthly Project Management Team (PMT) meetings, preparation of monthly project status reports and financial summaries for up to nine (9) months, and coordination of grant and regulatory reporting requirements. Stantec will maintain project documentation, meeting records, and coordination materials to support effective communication among project partners. Deliverables: • Project Setup and Contracting • Bi-weekly coordination calls with City Project Manager • Monthly PMT meetings (12), progress reports and invoicing Task 2 – Site Inventory and Environmental Assessment Stantec will complete a comprehensive site inventory and environmental assessment to establish baseline conditions and inform design decisions. Services will include review and synthesis of existing data, including the completed Phase I Environmental Site Assessment, coordination of boundary survey and title review, and coordination of cultural resource surveys and Section 106 consultation. Stantec will complete habitat mapping, vegetation and invasive species inventories, fish and wildlife surveys, shoreline and riparian restoration opportunity identification, and prepare a Quality Assurance Project Plan (QAPP) and natural resource baseline documentation. Potential future structural and coastal assessments will be identified to support later project phases but will be added to the Contract in a future contract amendment when the park program is more clearly defined at the end of Concept development. Deliverables: • Phase I Environmental Site Assessment Review • Boundary survey and title review • Cultural resource survey • National Historic Preservation Act (Section 106) coordination • Habitat mapping and vegetation inventories, including invasive species • Fish desktop survey • Wildlife desktop survey January 29, 2026 State of Minnesota - City of Superior, WI Page 3 of 6 Reference: Superior Public Access – 44th Ave East • Quality Assurance Project Plan (QAPP) • Natural resource inventory maps and baseline reports Task 3 – Public and Stakeholder Engagement Public engagement will be led by the St. Louis River Alliance in coordination with the City of Superior, with Stantec providing technical and design support. Stantec will participate in SLRA led public engagement events. Services will include preparation of supporting materials, participation in meetings as requested, and documentation of engagement outcomes to inform design development and reporting. Deliverables: • Two (2) Design Charettes o One preliminary working master plan in print and digital formats o Up to two visual preference and inspiration graphic style boards in print and digital formats o Two staff member participation in an up to four-hour event • Two (2) Standard Event (relevant to the stage in the planning process) o One concept master plan in print and digital formats o Up to two visual preference, Inspiration board, enlargement area, or perspective graphic style boards in print and digital formats o One staff member participation in an up to three-hour event Additional Events and Activities: • 3D Modeling, visualization or video content are excluded from the current scope but could be provided as an additional service to be negotiated as necessary. • Additional Standard Event presentation material and meeting attendance may be included as requested for an additional $2,500 per meeting. Tasks 4 – Conceptual Design Based on the site inventory, analysis, and public engagement outcomes, Stantec will develop multiple conceptual design alternatives responsive to project goals, site constraints, environmental considerations, and community input. Concept development will respond to community and stakeholder engagement. Alternatives will be evaluated for feasibility, environmental impacts, cost considerations, and long-term operations and maintenance implications. At this phase, shoreline and waterfront concept alternatives will be included in concept designs based on desktop analysis of shoreline and historic bathymetric data. Further investigations will be conducted in isolated areas identified for improvements during the Engineering Design phase. Park elements and program may alter from the Concept Plan in location and design intent in response to the future investigations. Concept refinement and level of detail in the deliverables will occur in response to and conjunction to the Public and Stakeholder Engagement schedule of events. A preferred alternative will be refined into a final master plan design supported by a conceptual site plan, graphics, and renderings suitable for communication and interpretive kiosk engagement. Deliverables: Graphic drawing in PDF format • Preliminary Concept Plan Draft 1 January 29, 2026 State of Minnesota - City of Superior, WI Page 4 of 6 Reference: Superior Public Access – 44th Ave East • Preliminary Concept Plan Draft 2 • Final Concept Plan • Conceptual Cost Estimate • Engineering Design Determiniations o Identification of future phase requirements for investigation for development of the specific locations of park improvements identified in the Conceptual Desing.  Geotechnical investigation of proposed development portions of the parcel are anticipated and will be included in the Engineering Design scope and fee as the Concept is developed in a City approved Final Concept. Task 5 - Engineering Design At this time, we are not proposing a final scope or fee for Engineering Design. These services will be added at a later date as park program becomes established as determined through the Public and Stakeholder Engagement process and Conceptual Design process. Task 6 – Bidding and Construction Administration At this time, we are not proposing a final scope or fee for Bidding or Construction Administration. These services may be added at a later date as an additional services as project funding and implementation becomes available. Permits and Approvals Throughout the process, we will assist the City with delivering a project that complies with local, state, and federal permitting requirements. As needed, permitting process coordination will occur at various stages during project design to apply for the required permits promptly. We understand that the City will pay any required permit fees for project implementation. Stantec will assist the owner with applications for the permits and agreements required for construction. This effort will include design revisions as necessary to achieve permit approval. The following are not included within the fee for this task and are the City’s responsibility: administrative review, application fees, review fees, and reproduction fees. Clarifications Anything not specifically called out as included as part of Stantec’s Scope of Services is not included, such as (but not limited to) • Taxes, fees, and permits. • Multiple design iterations resulting from incomplete RFP design basis. • Additional concept resubmittal iterations beyond the number listed. Project Assumptions • Scope based on information available at time of proposal and scoping documentation • Timely client/partner review and direction • Public engagement led by St. Louis River Alliance, with Stantec support as scoped • Agency review timelines are outside of Stantec control January 29, 2026 State of Minnesota - City of Superior, WI Page 5 of 6 Reference: Superior Public Access – 44th Ave East • Specialty services are only included if explicitly listed • Meetings/events capped at quantities defined in scope Project Exclusions • Construction and construction administration services • Permit and agency fees • Final engineering beyond defined milestones • Geotechnical and hazardous materials services (unless added) • Legal, acquisition, and title services • Operations, maintenance, and post-construction monitoring Basic Assumptions Stantec has based the Scope of Services contained in this proposal on the following assumptions: • The fees stated, including the fees associated with sub-consultants, are based on the scope of work stated. If the scope changes, the fees will need to be renegotiated. Stantec will inform the client in writing of changes and only proceed when the client has authorized the changes in scope and fee. • The fee and scope stated above are valid for 120 days. If the client wishes to extend the timeline, then fees will need to be renegotiated. • All services and deliverables not explicitly described in the scope will be considered out of scope. • No retaining walls are expected with this project. • No shoreline or coastal structural improvement or assessments are included in this scope and fee. Proposed improvements are assumed to bridge these conditions as determined by scope and fee to be established as a future additional service. • We assume that no wetlands delineations will be required for proposed site development. • Owner will be responsible for: o Retaining Attorney for assistance in the application and approval process.  Attorney will be responsible for: • Preparation of all applications, except as specifically noted above. o Assistance in the approvals process. o All written documentation and notifications related to application, as outlined in the local ordinances. o Public meeting presentation beyond the identified engagement meetings. • Permits and Approvals o All permit and submittal fees to be paid by the Client. o The City will submit all designs, plans and calculations as required by City, County, DNR or State standards and assemble the development package and submit for local and state entitlements. • Survey and Platting o All permitting fees, filing, mylars and other administrative costs paid by Client. o Platting is not included in this scope. o All boundary monumentation is recoverable and in good condition. o There are no boundary problems, disputes or lawsuits associated with the tract which would affect the completion of the survey. o Subsurface Utility Engineering locate services are not included in this scope of work. • Stormwater January 29, 2026 State of Minnesota - City of Superior, WI Page 6 of 6 Reference: Superior Public Access – 44th Ave East o At this time, it is assumed that no off-site stormwater work is necessary for project approval. • Flood Zone o It is assumed that floodplain modeling, design, and analysis is not required. • Structural o Structural analysis and integrity of existing retaining walls, structures and buildings to be evaluated and addressed by Others or added as an additional service. o No bridge, boardwalk or box culvert design is included. If required, this can be provided as an extra service. o It is assumed that WisDOT and/or DNR typical pavement sections are acceptable for use and that pavement engineering calculations are not required. • Utilities o Utility relocation and coordination is excluded. • Traffic o No traffic study is required for this project. o Pedestrian Traffic control plans will be completed by the Design team. o Vehicular Traffic Control plans will be detailed by the contractor. No detour plans are required for this project. • Sitework o Landscape design is limited to permanent restoration seeding and general invasive species treatment. Additional landscape planting improvements and shoreline restorations can be provided as an additional service at the City’s request. o Electrical, lighting, and wayfinding design is excluded. Budget The services for proposed Tasks 1-4 encompass an estimate of our professional fees for this work, which is to be completed for a stipulated fee totaling $108,218, including subconsultants and reimbursable expenses. Upon the substantial completion of Task 4, a detailed scope and fee for Tasks 5 will be prepared and presented for the City's approval. Closure We appreciate the opportunity to be of service to you. Please feel free to contact me at (612) 712-2023 or via email at Jacob.Burgstahler@stantec.com should you have any questions regarding this proposal. Best regards, Stantec Consulting Services Inc. Jacob Burgstahler PLA, ASLA, CLARB Project Manager | Landscape Architect Phone: (612) 712-2023 Jacob.Burgstahler@Stantec.com March 16, 2026 City of Superior, WI Page 1 of 6 Reference: Superior Public Access – 44th Ave East March 16, 2026 Bridgit Maruska Parks, Recreation, & Forestry Director City of Superior, WI Dear Ms. Maruska, Reference: Superior Public Access – 44th Ave East Stantec Consulting Services Inc. (Stantec) is pleased to provide the following proposed scope of work and fee estimate for the Superior Public Access – 44th Ave East project. The proposed project is located at the east of the city at the former Bunge Dock with an anticipated maximum project study and development area of approximately 20.4 acres. Our project understanding and proposed approach for the work is guided by our experience with community development, staff local to Duluth/Superior committed to the technical design review and public engagement, and our prior experience completing similar projects within the region. Stantec proposes to provide the following professional services to support the planning, design, and coordination of the 44th Avenue East Project. The Scope of Services is organized by task and reflects the anticipated level of effort required to meet project goals and regulatory requirements. We welcome the opportunity to further discuss our understanding of the project and the necessary tasks we see as part of this process. Project Understanding Stantec understands that the City of Superior, in coordination with the St. Louis River Alliance, is advancing improvements at the 44th Avenue East Project site to support public access, ecological restoration, and long-term site functionality. The project will build upon existing studies and environmental documentation and advance the site through inventory, public engagement, conceptual design, and engineering design in a phased and grant-compliant manner. Project Objectives The sidewall assessment and engineering solution will: • Engage with the community as a collaborative effort with the SLRA and the City to achieve a framework for the implementation of public access and park amenity goals for development. • Prioritize engagement efforts with the Allouez neighborhood. • Work with the City and the Duluth Power Squadron pertaining to land use and access within the master plan. • Develop a preferred Master Plan Concept including necessary phasing for current and future implementation. • Design of construction bidding documents for the initial phase of development. January 29, 2026 State of Minnesota - City of Superior, WI Page 2 of 6 Reference: Superior Public Access – 44th Ave East Schedule March 19, 2026 Agreement prepared for Consideration April 2026 Procure Professional Services April - June 2026 Inventory and Analysis June - August 2026 Public Engagement and Concept Development September 2026 Final Draft Concept Plan November 2026 Final Concept Design January 2027 30% Construction Documents February 2027 60% Construction Documents March 2026 100% Construction Documents Work Plan Task 1 – Project Management Stantec will provide overall project management and coordination throughout the duration of the project. Services will include participation in monthly Project Management Team (PMT) meetings, preparation of monthly project status reports and financial summaries for up to nine (9) months, and coordination of grant and regulatory reporting requirements. Stantec will maintain project documentation, meeting records, and coordination materials to support effective communication among project partners. Deliverables: • Project Setup and Contracting • Bi-weekly coordination calls with City Project Manager • Monthly PMT meetings (12), progress reports and invoicing Task 2 – Site Inventory and Environmental Assessment Stantec will complete a comprehensive site inventory and environmental assessment to establish baseline conditions and inform design decisions. Services will include review and synthesis of existing data, including the completed Phase I Environmental Site Assessment, coordination of boundary survey and title review, and coordination of cultural resource surveys and Section 106 consultation. Stantec will complete habitat mapping, vegetation and invasive species inventories, fish and wildlife surveys, shoreline and riparian restoration opportunity identification, and prepare a Quality Assurance Project Plan (QAPP) and natural resource baseline documentation. Potential future structural and coastal assessments will be identified to support later project phases but will be added to the Contract in a future contract amendment when the park program is more clearly defined at the end of Concept development. Deliverables: • Phase I Environmental Site Assessment Review • Boundary survey and title review • Cultural resource survey • National Historic Preservation Act (Section 106) coordination • Habitat mapping and vegetation inventories, including invasive species • Fish desktop survey • Wildlife desktop survey January 29, 2026 State of Minnesota - City of Superior, WI Page 3 of 6 Reference: Superior Public Access – 44th Ave East • Quality Assurance Project Plan (QAPP) • Natural resource inventory maps and baseline reports Task 3 – Public and Stakeholder Engagement Public engagement will be led by the St. Louis River Alliance in coordination with the City of Superior, with Stantec providing technical and design support. Stantec will participate in SLRA led public engagement events. Services will include preparation of supporting materials, participation in meetings as requested, and documentation of engagement outcomes to inform design development and reporting. Deliverables: • Two (2) Design Charettes o One preliminary working master plan in print and digital formats o Up to two visual preference and inspiration graphic style boards in print and digital formats o Two staff member participation in an up to four-hour event • Two (2) Standard Event (relevant to the stage in the planning process) o One concept master plan in print and digital formats o Up to two visual preference, Inspiration board, enlargement area, or perspective graphic style boards in print and digital formats o One staff member participation in an up to three-hour event Additional Events and Activities: • 3D Modeling, visualization or video content are excluded from the current scope but could be provided as an additional service to be negotiated as necessary. • Additional Standard Event presentation material and meeting attendance may be included as requested for an additional $2,500 per meeting. Tasks 4 – Conceptual Design Based on the site inventory, analysis, and public engagement outcomes, Stantec will develop multiple conceptual design alternatives responsive to project goals, site constraints, environmental considerations, and community input. Concept development will respond to community and stakeholder engagement. Alternatives will be evaluated for feasibility, environmental impacts, cost considerations, and long-term operations and maintenance implications. At this phase, shoreline and waterfront concept alternatives will be included in concept designs based on desktop analysis of shoreline and historic bathymetric data. Further investigations will be conducted in isolated areas identified for improvements during the Engineering Design phase. Park elements and program may alter from the Concept Plan in location and design intent in response to the future investigations. Concept refinement and level of detail in the deliverables will occur in response to and conjunction to the Public and Stakeholder Engagement schedule of events. A preferred alternative will be refined into a final master plan design supported by a conceptual site plan, graphics, and renderings suitable for communication and interpretive kiosk engagement. Deliverables: Graphic drawing in PDF format • Preliminary Concept Plan Draft 1 January 29, 2026 State of Minnesota - City of Superior, WI Page 4 of 6 Reference: Superior Public Access – 44th Ave East • Preliminary Concept Plan Draft 2 • Final Concept Plan • Conceptual Cost Estimate • Engineering Design Determiniations o Identification of future phase requirements for investigation for development of the specific locations of park improvements identified in the Conceptual Desing.  Geotechnical investigation of proposed development portions of the parcel are anticipated and will be included in the Engineering Design scope and fee as the Concept is developed in a City approved Final Concept. Task 5 - Engineering Design At this time, we are not proposing a final scope or fee for Engineering Design. These services will be added at a later date as park program becomes established as determined through the Public and Stakeholder Engagement process and Conceptual Design process. Task 6 – Bidding and Construction Administration At this time, we are not proposing a final scope or fee for Bidding or Construction Administration. These services may be added at a later date as an additional services as project funding and implementation becomes available. Permits and Approvals Throughout the process, we will assist the City with delivering a project that complies with local, state, and federal permitting requirements. As needed, permitting process coordination will occur at various stages during project design to apply for the required permits promptly. We understand that the City will pay any required permit fees for project implementation. Stantec will assist the owner with applications for the permits and agreements required for construction. This effort will include design revisions as necessary to achieve permit approval. The following are not included within the fee for this task and are the City’s responsibility: administrative review, application fees, review fees, and reproduction fees. Clarifications Anything not specifically called out as included as part of Stantec’s Scope of Services is not included, such as (but not limited to) • Taxes, fees, and permits. • Multiple design iterations resulting from incomplete RFP design basis. • Additional concept resubmittal iterations beyond the number listed. Project Assumptions • Scope based on information available at time of proposal and scoping documentation • Timely client/partner review and direction • Public engagement led by St. Louis River Alliance, with Stantec support as scoped • Agency review timelines are outside of Stantec control January 29, 2026 State of Minnesota - City of Superior, WI Page 5 of 6 Reference: Superior Public Access – 44th Ave East • Specialty services are only included if explicitly listed • Meetings/events capped at quantities defined in scope Project Exclusions • Construction and construction administration services • Permit and agency fees • Final engineering beyond defined milestones • Geotechnical and hazardous materials services (unless added) • Legal, acquisition, and title services • Operations, maintenance, and post-construction monitoring Basic Assumptions Stantec has based the Scope of Services contained in this proposal on the following assumptions: • The fees stated, including the fees associated with sub-consultants, are based on the scope of work stated. If the scope changes, the fees will need to be renegotiated. Stantec will inform the client in writing of changes and only proceed when the client has authorized the changes in scope and fee. • The fee and scope stated above are valid for 120 days. If the client wishes to extend the timeline, then fees will need to be renegotiated. • All services and deliverables not explicitly described in the scope will be considered out of scope. • No retaining walls are expected with this project. • No shoreline or coastal structural improvement or assessments are included in this scope and fee. Proposed improvements are assumed to bridge these conditions as determined by scope and fee to be established as a future additional service. • We assume that no wetlands delineations will be required for proposed site development. • Owner will be responsible for: o Retaining Attorney for assistance in the application and approval process.  Attorney will be responsible for: • Preparation of all applications, except as specifically noted above. o Assistance in the approvals process. o All written documentation and notifications related to application, as outlined in the local ordinances. o Public meeting presentation beyond the identified engagement meetings. • Permits and Approvals o All permit and submittal fees to be paid by the Client. o The City will submit all designs, plans and calculations as required by City, County, DNR or State standards and assemble the development package and submit for local and state entitlements. • Survey and Platting o All permitting fees, filing, mylars and other administrative costs paid by Client. o Platting is not included in this scope. o All boundary monumentation is recoverable and in good condition. o There are no boundary problems, disputes or lawsuits associated with the tract which would affect the completion of the survey. o Subsurface Utility Engineering locate services are not included in this scope of work. • Stormwater January 29, 2026 State of Minnesota - City of Superior, WI Page 6 of 6 Reference: Superior Public Access – 44th Ave East o At this time, it is assumed that no off-site stormwater work is necessary for project approval. • Flood Zone o It is assumed that floodplain modeling, design, and analysis is not required. • Structural o Structural analysis and integrity of existing retaining walls, structures and buildings to be evaluated and addressed by Others or added as an additional service. o No bridge, boardwalk or box culvert design is included. If required, this can be provided as an extra service. o It is assumed that WisDOT and/or DNR typical pavement sections are acceptable for use and that pavement engineering calculations are not required. • Utilities o Utility relocation and coordination is excluded. • Traffic o No traffic study is required for this project. o Pedestrian Traffic control plans will be completed by the Design team. o Vehicular Traffic Control plans will be detailed by the contractor. No detour plans are required for this project. • Sitework o Landscape design is limited to permanent restoration seeding and general invasive species treatment. Additional landscape planting improvements and shoreline restorations can be provided as an additional service at the City’s request. o Electrical, lighting, and wayfinding design is excluded. Budget The services for proposed Tasks 1-4 encompass an estimate of our professional fees for this work, which is to be completed for a stipulated fee totaling $108,218, including subconsultants and reimbursable expenses. Upon the substantial completion of Task 4, a detailed scope and fee for Tasks 5 will be prepared and presented for the City's approval. Closure We appreciate the opportunity to be of service to you. Please feel free to contact me at (612) 712-2023 or via email at Jacob.Burgstahler@stantec.com should you have any questions regarding this proposal. Best regards, Stantec Consulting Services Inc. Jacob Burgstahler PLA, ASLA, CLARB Project Manager | Landscape Architect Phone: (612) 712-2023 Jacob.Burgstahler@Stantec.com