Agenda Setup

NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA City Council agendas are also available on the Internet at www.sioux-city.org.

You are hereby notified a meeting of the City Council of the City of Sioux City, Iowa, will be held Monday, December 14, 2020, 4:00 p.m., local time, in the Council Chambers, 5th Floor, City Hall, 405 6th Street, Sioux City, Iowa, for the purpose of taking official action on the agenda items shown hereinafter and for such other business that may properly come before the Coun- cil. This is a formal meeting during which the Council may take official action on various items of business. If you wish to speak on an item, please follow the seven participation guidelines adopted by the Council for speakers: 1. Anyone may address the Council on any agenda item. 2. Speakers should approach the microphone one at a time and be recognized by the Mayor. 3. Speakers should give their name, spell their name, give their address, and then their statement. 4. Everyone should have an opportunity to speak. Therefore, please limit your remarks to three minutes on any one item. 5. At the beginning of the discussion on any item, the Mayor may request statements in favor of an action be heard first followed by statements in opposition to the action. 6. Any concerns or questions you may have which do not relate directly to a scheduled item on the agenda will also be heard under ‘Citizen Concerns’. 7. For the benefit of all in attendance, please turn off all cell phones and other communication devices while in the City Council Chambers.

1. Call of the Roll - Silent Prayer and Pledge of Allegiance to the Flag - Proclamations

2. Interviews for City Council appointed Boards, Commissions, and Committees: A. Art Center Board of Trustees: Gail Ament B. Building and Housing Code Board: Ryan Bolinger and Willie Delfs C. Inclusive Sioux City Advisory Committee: Manuelito Parker D. Parks and Recreation Advisory Board: Kalynn Sortino

CONSENT AGENDA

Items 3 through 13B constitute a Consent Agenda. Items pass unanimously unless a separate roll call vote is requested by a Council Member.

3. Reading of the City Council minutes of December 7, 2020.

4. MYC ACCOMPLISHMENTS - Presentation of Mayor’s Youth Commission 2020 Accom- plishments.

5. MYC - Resolution appointing new members to the Mayor’s Youth Commission for terms expiring on December 31st of each student’s senior year.

6. CITY MANAGER - Resolution fixing the salary of the City Manager.

7. CITY ATTORNEY - Resolution fixing the salary of the City Attorney.

8. ART CENTER - Motion accepting and approving the Art Center Board of Trustees FY 2020 Annual Report.

9. WATER ST - Resolution inviting proposals for the sale of land in the Combined Central Sioux City -CBD Urban Renewal Area, announcing the intent to accept the proposal of CAL Ventures LLC, fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (the north one-half of the vacated east/west alley abutting 615 Water Street)

10. ACTIONS RELATING TO AGREEMENTS AND CONTRACTS

A. CERTIFIED TESTING - Resolution approving Amendment No. 1 to the Service Provid- er Agreement with Certified Testing Services, Inc. for additional construction materials testing services in connection with the Pierce Street Reconstruction (18th Street to 24th Street) Project in an amount not to exceed $8,000. (Project No. 6985-719-287)

B. JEO CONSULTING - Resolution approving Amendment No. 3 to the Consulting Ser- vices Agreement with JEO Consulting Group, Inc. for additional construction inspection and administration in connection with the Military Road Reconstruction and Bridge Re- habilitation Project (Project No. 6755-719-354) in an amount not to exceed $58,000.

C. GARDNER TREE SERVICE - Resolution awarding a Service Provider Agreement to Gardner Tree Service LLC of Sioux City, Iowa in an amount not to exceed $68,000 for the Lyons Park Tree Clearing Project. (RFB No. 264132)

11. ACTIONS AUTHORIZING PAYMENTS

A. WORKER’S COMP - Resolution approving partial settlement of a worker’s compensation claim and authorizing payment thereof. (Murphy)

B. TORT CLAIM - Resolution approving settlement of a tort claim and authorizing payment thereof. (Knudsen)

C. C. W. SUTER - Resolution accepting the work and authorizing final payment to C. W. Suter & Son, Inc. of Sioux City, Iowa for the City Hall Variable Air Volume (VAV) Re- placement Project. (Project No. 7058-889-001)

D. RP CONSTRUCTORS - Resolution accepting the work and authorizing final payment to RP Constructors, LLC for the Military Road Reconstruction and Bridge Rehabilitation Project, Iowa Department of Transportation Project No. STP-U-7057(701)--70-97/BHM- 7057(692)--8K-97(City Project No. 6755-719-354)

E. NELSON COMMERCIAL - Resolution accepting the work and authorizing final payment to K&S, LLC doing business as Nelson Commercial Construction, a South Dako- ta Limited Liability Company for the 2018 Sidewalk Program. (Project No. 6970-759- 005)

F. NOVEMBER PAYMENTS - Approve total payments issued for the reporting period of November 2020, in the amount of $ 17,133,284.41.

G. NOVEMBER FUND TRANSFERS - Resolution approving fund transfers for the month of November 2020.

12. APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. ON-PREMISE SALES 1. CLASS B LIQUOR LICENSE (Hotel/Motel; liquor/wine/beer/wine coolers/carry-out) a. Courtyard by Marriott Hotel and Conference Center, 801-901 4th Street (Re- newal) 2. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry-out) a. Buffalo Alice, 1020-1022 4th Street (Renewal) b. Koi Sushi and Steakhouse, 1790 Hamilton Boulevard (Renewal)

B. OFF-PREMISE SALES 1. CLASS B WINE PERMIT (wine only) a. Brew Floyd, 2501 Floyd Boulevard (Renewal) 2. CLASS C BEER PERMIT (beer/wine coolers) a. Brew Floyd, 2501 Floyd Boulevard (Renewal) b. Hong Kong Supermarket, 511 West 7th Street (Renewal) 3. CLASS E LIQUOR LICENSE (liquor only) a. Brew Floyd, 2501 Floyd Boulevard (Renewal)

13. BOARD, COMMISSION, AND COMMITTEE MINUTES

A. Mayor’s Youth Commission – September 14, November 2, and December 7, 2020 B. Transit System Advisory Board – November 18, 2020

- End of Consent Agenda -

14. CITIZEN CONCERNS

15. COUNCIL CONCERNS

16. ADJOURNMENT

City Council agendas are also available at www.sioux-city.org.

The City of Sioux City does not discriminate on the basis of disability in admission to, access to, or operations of its programs, services, or activities. Individuals who need auxiliary aids for effective communication in programs and services of the City of Sioux City are invited to make their needs and preferences known to the ADA Compliance Officer, City Hall, 405 6th Street, Room 204, (712) 279-6175. This notice is provided as required by Title II of the Americans with Disabilities Act of 1990.

x Regular Session Study Session Closed Session CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: December 14, 2020 ACTION ITEM # 2 Lisa L. McCardle, City Clerk FROM: Heidi Farrens, Deputy City Clerk

Interviews for City Council appointed Boards, Commissions, and Commit- tees: Art Center Board of Trustees: Gail Ament SUBJECT: Building and Housing Code Board: Ryan Bolinger and Willie Delfs Inclusive Sioux City Advisory Committee: Manuelito Parker Parks and Recreation Advisory Board: Kalynn Sortino

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests that Council interview the applicants listed for vacant positions on the applicable Board, Commission or Committee.

DISCUSSION: Art Center Board of Trustees - there will be 3 positions vacant as of December 31, 2020.

Gail Ament is reapplying for a position and has served the following terms on the Art Center Board of Trustees: Partial Term – 06/26/17 – 12/31/17 1st Term – 01/01/18 – 12/31/20

Below is a portion of the Vacancy Report pertinent to the Art Center Board of Trustees:

Art Center Board of Trustees Vacancy Infor- 3 Vacancies: NAME EXPIRES mation Gail Ament Expiring 12/31/20 Robert Gillespie Expiring 12/31/20 Nan Wilson Expiring 12/31/20

7 Members: NAME TERM (3 Year) APPOINTMENT EXPIRES Gail Ament 1st 06/26/17 12/31/20 Robert Gillespie 1st 02/12/18 12/31/20 Nan Wilson 1st 02/12/18 12/31/20 Peggy La 1st 01/28/19 12/31/21 Steven Kammerer 1st 01/28/19 12/31/21 Jeff Baldus 1st 01/13/20 12/31/22 Rebecca Meyer 1st 01/13/20 12/31/22

2 Applications: NAME Application Re- Interview App Expires ceived date/Notes Shelby Prindaville 10/26/20 12/07/20 04/26/22 Gail Ament 11/10/20 12/14/20 05/10/22

Building and Housing Code Board - there will be 3 positions vacant as of December 31, 2020.

Ryan Bolinger has not previously served on any of the City Council appointed Boards, Commissions or Committees.

Willie Delfs is not currently serving on any City Council appointed Boards, Commissions or Committees but has previously served the following terms on the Building and Housing Code Board: 1st Term - 03/21/11 – 12/31/13 2nd Term - 01/01/14 - 12/31/16 3rd Term – 01/09/17 – 12/31/19

Below is a portion of the Vacancy Report pertinent to the Building and Housing Code Board:

Building and Housing Code Board **Check Membership Requirements** Vacancy Infor- 3 Vacancies: NAME EXPIRES mation Steve Bruening (Struct Expiring 12/31/20 Eng) Matthew Thompson Expiring 12/31/20 (Comm Gen) Doug Rose (Citizen) Expiring 12/31/20

9 Members: NAME TERM (3 Year) APPOINTMENT EXPIRES Steve Bruening (Struct 3rd 01/29/18 12/31/20 Eng) Matthew Thompson 3rd 01/29/18 12/31/20 (Comm Gen) Doug Rose (Citizen) 3rd 01/29/18 12/31/20 Mark Corbin (Plumbing) 3rd 01/28/19 12/31/21 Barney Pottebaum (Elec- 3rd 01/28/19 12/31/21 tric) Kimberly Willer (Landlord) 1st 01/28/19 12/31/21 Bruce Kalin (HVAC) 1st 01/27/20 12/31/22 Rick Bertrand (Home- 1st 01/27/20 12/31/22 builder) Brian Crichton (Architect) 1st 01/27/20 12/31/22

Application Re- Interview App Ex- 3 Applications: NAME ceived date/Notes pires Dennis Dufault (HVAC) 10/03/19 12/21/20 04/03/21 Willie Delfs (Homebuild- 10/09/19 12/14/20 04/09/21 er) Ryan Bolinger (Comm 07/17/20 12/14/20 01/17/22 Gen)

Inclusive Sioux City Advisory Committee - there are 11 positions vacant on the newly created committee.

Manuelito Parker has not previously served on any of the City Council appointed Boards, Commissions or Committees.

Below is a portion of the Vacancy Report pertinent to the Inclusive Sioux City Advisory Committee:

Inclusive Sioux City Advisory Committee 9 Vacancies: NAME Vacancy Infor- EXPIRES mation

11 Members: NAME TERM (4 Year) APPOINTMENT EXPIRES NAACP 1st 12/31/24 Unity in the Com- 1st 12/31/24 munity Native American 1st 12/31/24 Religious Communi- Partial 12/31/23 ty Latinx Community Partial 12/31/23 Asian Community Partial 12/31/23 LGBTQ Partial 12/31/22 Resident at Large Partial 12/31/22 Resident at Large Partial 12/31/22 City Council - Non- N/A voting City Manager - Non- N/A voting

Application Re- Interview 13 Applications: NAME ceived date/Notes App Expires Latinx Community Christian Hugo Prie- 10/19/20 10/26/20 04/19/22 to Native American Michael O’Connor 10/23/20 11/02/20 04/23/22 Asian Community Kien Sek 10/27/20 11/02/20 04/27/22 Unity in the Com- Margarite Reinert 10/28/20 11/09/20 04/28/22 munity Religious Communi- Eric Meyer 10/28/20 11/09/20 04/28/22 ty Resident at Large Jim Jung 11/02/20 11/09/20 05/02/21 Native American Trisha Etringer 11/04/20 11/16/20 05/04/22 Resident at Large Becky Carlson 11/05/20 11/16/20 05/05/22 Asian Community Peggy La 11/13/20 12/07/20 05/13/22 Native Ameri- Manuelito Parker 12/03/20 12/14/20 06/03/22 can/Latinx Commu- nity Latinx Community/ Victor Diaz Galindo 12/04/20 12/21/20 06/04/22 LGBTQ NAACP Cody Hankerson 12/04/20 12/21/20 06/04/22 LGBTQ Christine Madden 12/09/20 06/09/22

Parks and Recreation Advisory Board - there will be 3 positions vacant as of December 31, 2020.

Kalynn Sortino has not previously served on any of the City Council appointed Boards, Commissions or Committees.

Below is a portion of the Vacancy Report pertinent to the Parks and Recreation Advisory Board:

Parks and Recreation Advisory Board 3 Vacancies: NAME Vacancy Infor- EXPIRES mation Cindy Brewer Expiring 12/31/20 Scott Brouillette Expiring 12/31/20 Brad Krommenhoek Expiring 12/31/20 (extended term)

9 Members: NAME TERM (3 Year) APPOINTMENT EXPIRES Cindy Brewer 1st 02/12/18 12/31/20 Scott Brouillette 2nd 02/12/18 12/31/20 Brad Krommenhoek 1st 01/25/16 12/31/20 (extended term) Kathie Pffaffle 1st 01/14/19 12/31/21 Raymond Thomas 1st 01/14/19 12/31/21 Sara Wiedenfeld 1st 01/14/19 12/31/21 Matt Larson 1st 01/27/20 12/31/22 Brian O’Hara 1st 01/27/20 12/31/22 Barbara-Anne Huculak 1st 01/27/20 12/31/22

Application Re- Interview App Ex- 3 Applications: NAME ceived date/Notes pires Robert Wolf 11/25/19 12/16/19 05/25/21 Kalynn Sortino 01/21/20 12/14/20 07/21/21 Cindy Brewer 10/29/20 12/07/20 04/29/22

FINANCIAL IMPACT: None.

RELATIONSHIP TO STRATEGIC PLAN: Interviewing and appointing citizens to various Boards, Commissions, and Committees shows our effort to incorporate citizen input in Municipal Government. Relates to Progressive Leadership Vision - We will use formal and informal methods to en- gage the Council, our employees, and our customers to promote enhanced organizational engagement and commitment to our shared vision; also relates to Strategy - Develop strong partnerships with our residents, visitor’s and business community. As stewards of the City of Sioux City we will strive to enhance connectivity with citizens and businesses – Encourage resident engagement within the community.

ALTERNATIVES: Staff respectfully requests Council interview all Board, Commission and Committee applicants; Council may then choose to appoint or not to appoint each interviewee per their individual preference. City Clerk’s staff will collect preferences from Council after all applicants for each Board, Commission and Committee have interviewed and the expiration dates of the terms to be filled have passed.

ATTACHMENTS: Applications

CITY CI FRKS riFFIC.F CITY OF SIOUX CITY, IOWA SI° UX APPLICATION FOR APPOINTMENT TO A CITY COUNCIL 17 •Ti IL '9§1 Pm3:29 APPOINTED BOARD, COMMISSION OR COMMITTEE CITY iv CUM cITY 7/17/2020 CITY Date BOARD, COMMISSION or COMMITTEE: BUILDING AND HOUSING CODE BOARD

GENDER BALANCE - Section 69.16A of the Iowa Code requires gender balance on those City Boards and Commissions required or governed by state law unless the City has made a good faith effort for a period of three months to appoint a qualified person. This affects and includes: Airport Board of Trustees; Civil Service Commission; Human Rights Commission; Library Board of Trustees; and Planning and Zoning Commission.

GENERAL INFORMATION

Name Ryan Bolinger Phone Residence 712-204-6661

Home Address 4605 Hamilton Blvd. Sioux City, IA 51104 Street City/State Zip E-Mail Address [email protected]

Employer W.A. Klinger, LLC. Phone Business 712-233-3200

Business Address 2015 East 7th Street, Sioux City, IA 51102 Street City/State Zip Code PLEASE ANSWER ALL OF THE FOLLOWING QUESTIONS: 11 Are you a Sioux City resident? Yes® No() How many years have you been a resident? Are you a registered voter? Yes ® No 0 Have you reviewed the Ordinance or Resolution establishing the Board, Commission or Committee you are applying for? Yes® No0 (If no, please contact the City Clerk's Office at 712.279.6313 to obtain a copy.)

SERVING ON A BOARD - Are you currently serving on any other City Council appointed Board, Commission or Committee? Yes() No® If yes list here: It is the general policy of the City to allow a person to serve on only one City Council appointed Board, Com- mission or Committee at any given time. If you answered yes, please explain why Council should make an exception to the general policy and allow you to serve on multiple Boards, Commissions or Committees:

Have you previously served on any other City Council appointed Board, Commission or Committee? Yes() No® If yes list here:

COMMUNITY INVOLVEMENT - Please describe your past and present community involvement including voluntary, social, city, church, school, business, and/or professional associations you have been involved in and are applicable to this application. (Include dates of involvement and any offices or leadership positions held.) - Board Member for Mary Elizabeth Child Care Center - Volunteer for Sunnybrook Church - multiple, student ministry, jail ministry - Building committee member - Hope Center - Member of Master Builder's of Iowa - Member of Business Network International, local BNI of the Heartland Chapter. STATE, COUNTY, or MUNICIPAL BOARDS or COMMISSIONS - List any you are presently serving on: None

SPECIAL QUALIFICATIONS - Please list any special qualifications for serving on a City Council appointed Board, Commission or Committee including skills, training, licenses and certificates that are applicable: BS in construction engineering from Iowa State University, as a senior project manager for a commercial contractor there is a certain level of day to day dealings with code interpretations that is required. INTEREST - State why you would like to volunteer to serve and what contributions you believe you can make: By being a Sioux City resident and working for a local firm, the decisions made by the local government make a direct impact on me as an individual allowing me to not only want to make things better for the company I work for but also for me as a resident tax payer. Being in my mid 30's I have enough experience in the industry to provide valuable feedback but also am young enough where decisions and and suggestions made are also being made with proper forethought of how they impact the future. CONFLICT OF INTEREST - Chapters 362.5, 362.6, 403.16 and 403A.22 of the Code of Iowa describe potential conflicts of interest for City officials. A Disclosure of Interest Statement as well as the aforementioned Iowa Code has been attached to this application for your review. If you have any questions regarding this issue please contact the City Attorney's Office at 712-279-6318. Are you aware of any conflict of interest or potential conflict of interest that may prevent you from carrying out your responsibilities on this Board, Commission or Committee in the best interest of the City of Sioux City? If so, please describe: None

PERSONAL REFERENCES - Please list 2 references, the City Council may contact your references: Matt Thompson Mike Neswick Name: Name: 2015 East 7th Street 922 Douglas Street Address: Address: Sioux City, IA 51102 Sioux City, IA 51101

712-899-4237 712-293-0332 Phone: Phone:

I understand the role and responsibilities of membership on this City Council appointed Board, Commission or Committee and I am willing to serve. In applying for appointment I understand the City Council may make in- quiries in the community pertinent to my appointment. I also understand that as a member of any Board, Commission or Committee I may be dismissed from the Board, Commission or Committee and or disqualified by the City Council as a candidate for the Board, Commission or Committee membership for making untrue or discriminatory statements about others, including members of protected classes.

If appointed, I am willing to attend the designated Board, Commission or Committee training. Yes e No 0

By typing my name in the box below I am offering my digital signature in lieu of my handwritten signature. I understand that my digital signature carries the same legal bindings as my handwritten signature. Ryan Bolinger 7/17/2020 /s/ Date Signature

Applications are kept on file and active for 18 months from the date you file. A separate application must be completed for each Board, Commission or Committee on which you would consider serving. File applications with the City Clerk's Office, 1st floor, City Hall, 405 6th Street, Sioux City, Iowa, 51101; or mail to City Clerk's Of- fice, P.O. Box 447, Sioux City, Iowa, 51102-0447; or email [email protected]. Thank you! City of Sioux City BUILDING AND HOUSING CODE BOARD SIOUX (Quasi-Judicial) CITY MISSION STATEMENT The purpose of the Board is to mediate and render decisions based on all facts and information provided whenever relief of a decision of the Building Official is sought by any applicant or resident affected by such decision. All decisions of the board shall be based on the current City adopted building, electrical, plumbing, mechanical, and housing codes.

MEMBER ROLE The Building Code Board of Appeals is appointed to hear and decide appeals of any order, requirement, decision, or determination made by the Building Official or Inspector in the enforce- ment of the City codes in matters of building construction, safety and code compliance within the scope of the building, electrical, mechanical, plumbing, and housing codes. The Board determines the suitability of alternate materials and methods of construction, and provides remedi- al interpretations of the codes when determined by them. The Board further determines accept- ability and reviews applications for hydronic engineer exams.

Nominee's Questionnaire

1. Please check the position you are applying for: A licensed architect, registered in the State of Iowa A licensed structural engineer, registered in Iowa A landlord of more than one rental dwelling in the city A homebuilder engaged primarily in new home construction V A commercial general contractor A licensed electrical journeyperson, master electrician or electrical contractor A citizen-at-large A licensed plumbing, journeyperson, master plumber or plumbing contractor A licensed master HVAC technician or mechanical contractor

2. Have you previously been involved making decisions affecting public health, safety, and welfare issues? No

3. What qualifications do you possess that will make you a good candidate for this Board? BS in construction engineering from Iowa State University, as a senior project manager for a commercial contractor there is a certain level of day to day dealings with code interpretations that is required. 4. How familiar are you with the current City of Sioux City Building Code? I am familiar in the sense that I am involved daily in ensure our projects meet or exceed the City of Sioux City's building code. This includes everything from life safety measures to ADA requirements to energy code requirements. 5. Do you feel you can be objective and impartial making policy decisions based on information presented at a public hearing? Yes

6. Are you available for quarterly meetings held the 1st Tuesday of January, April, July and October at 8:00 a.m. and additional meetings scheduled per appeals received? (Please provide detail) Yes these times work for me.

By typing my name in the box below I am offering my digital signature in lieu of my handwritten signature. I understand that my digital signature carries the same legal bindings as my handwritten signature. Ryan Bolinger 7/17/2020 /s/ Signature Date

Special Qualifications – Please list any special qualifications for serving on a City Council appointed Board, Commission or Committee including skills, training, licenses and certificates that are applicable:

WITCC Awards: Iowa Association of Community College Trustees-IACCT • Outstanding Diversity/Equity Award IACCT June 2020 • Dairy Queen Difference Maker Award October 2019 • Outstanding Educator Nominee WIT April 2018 • Let’s Promote Teamwork Award May 2018 • Let’s Promote Teamwork Award Dec. 2018 • Let’s Promote Teamwork Award May 2017 • Let’s Promote Teamwork Award Dec. 2017 • Let’s Promote Teamwork Award May 2016 • Let’s Promote Teamwork Award Dec. 2016 • Let’s Promote Teamwork Award Nov. 2015

Awards: • Iowa State Education Association Honored Nominee Oct. 2014 “Excellence in Education Award” • Commendation from Sioux City Mayor and City Council Feb. 2014 “For Exemplary service to the Sioux City Community” • Governor Robert Ray Iowa Character Counts Citizen of the Year Award August 2013 • Educator of the Month March 2013 • Chief War Eagle Lifetime Achievement Human Rights Award Dec. 2011-2012 • Families First, Inc.-Most Honorable Award Employee December 2010 • Families First, Inc. Employee of the Month June 2010 • Certificate of Appreciation from NFHS Coaches Quarterly Magazine May 2010 • East Middle School Outstanding Work for Students, Staff and Parents Award May 2010 • Certificate of Appreciation from the Community Action Agency of Siouxland May 2009 • Sioux City Lions Club International-Citizen of the Year June 2008 • East Middle School Outstanding Service to Students, Staff, Parents and Community 2006-2007 • Siouxland Habitat for Humanity Volunteer Recognition Award 2006-2007 • Siouxland Red Cross- A True Hero of Siouxland-“Education” Award March 2006 • Recognition of Extraordinary Effort Award from the Ready Set Achieve Program 2006 • East Middle School Staff Appreciation Award 2004-2005 • East Middles School Staff Appreciation Award 2002-2003 Title IX Coordinator for Western Iowa Tech Judicial Hearing Officer for Western Iowa Tech Gateway to College Program Coordinator for Western Iowa Tech

2. Inclusive Sioux City was created with the concept of providing guidance to the City Council on matters relating to diversity, inclusion, and equity. Do you have specific ideas related to improvement in these areas?

It would be nice to see this committee set up a youth Inclusive Sioux City committee. Many of the younger generation want to speak and can have a big impact on this city going forward. Having the same faces that speak for certain groups is not always the answer. They may not represent the ideas and feelings of others that look like them. More engagement between for round-table, workshops and formal meetings. A good safe platform for these types of discussions. Look at ways to ensure that people from the lower economic spectrum are included in budget decisions. Look at ways the city can push for transit oriented development. Are there ways to provide affordable housing for people on that bubble of assistance that still live check to check. Ways to make sure that landlords are providing good up to date infrastructure. Can there be ways to have some buses run longer than 6pm? More transportation for longer periods of time could lead to more people working that work the evening or over night shifts. The city buses are used to take students to school can some of them be contracted with businesses to help people that work the evening and night shifts? Can bus fares be lowered by income to help with that? Can the City highlight programs at their meetings that people may not be made aware of. Example would be Job Training Partners ran by Goodwill. I believe that greater inclusion fosters sustainable growth because everyone is involved. People will believe in their government when they feel that it represents them. Acknowledge the problem that many cities have not which is determine how inclusive or exclusive Sioux City is. We have to work on getting better at intentional and unintentional invisibility that many cities suffer from. Work on inviting people to celebrate their culture on a daily basis and that can be shown by the cities change in who is included in what activities or events. Are meetings at the right times? Can there be a way to translate the meetings in different languages? Is there someone that can translate with sign language for meetings? Are there information from meetings and events printed out in braille? We should not wait for someone to come ask for information to be printed out or an interpreter when the meeting is about to begin. Having those resources available will show that the city is including everyone and their needs. Is there a language access plan for this city? Are their devices available and do people know about them? Adopt policies that support inclusion. Figure out ways to reach those that do not have access to social media or TV. Sometimes when technology changes we assume that everyone know how to use it or uses it. Working with the youth from as early of an age as possible will help educate them and get them involved. This will bring their parents and grand parents. The Mayor's Youth Commission is a good program but this one youth Inclusive Committee could be set up the same as the adult one with more members and some members could be youth that have been involved with Juvenile Courts or Siouxland Mental Health just to name a few. Starting a PAL- Police Athletic League would be a great way to bridge the gap between the police department and minority communities. Work with their supervisors so this could be part of the police Officers paid duties and time if needed. These are just a few ideas that I thought about.

CITY COUNCIL CHAMBERS SIOUX CITY, IOWA DECEMBER 7, 2020

A Closed Session of the City Council was held at 3:15 p.m. The following Council Members were present on call of the roll: Groetken, Moore, Schoenherr, and Watters. Absent: Scott. (Scott entered the meeting by teleconference call at 3:18 p.m. and exited the meeting at 4:02 p.m.)

Staff members present included: Robert K. Padmore, City Manager; Nicole M. DuBois, City At- torney; and Heidi Farrens, Deputy City Clerk.

Motion by Moore, seconded by Watters, that Council enter closed session to evaluate the professional competency of an individual whose performance is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session; all voting aye.

Scott entered the meeting by teleconference call at 3:18 p.m. and exited the meeting at 4:02 p.m.

Motion by Moore, seconded by Groetken, that Council return to open session at 4:05 p.m.; all voting aye.

ADJOURNMENT

There being no further business, the meeting was adjourned at 4:06 p.m., on motion by Moore, seconded by Groetken; all voting aye.

ATTEST: ______Lisa L. McCardle, City Clerk Robert E. Scott, Mayor

City Council minutes are available on the Internet at www.sioux-city.org. u:\City Agenda\Minutes and Agendas\Council Minutes\2020\120720csm DRAFT

CITY COUNCIL CHAMBERS SIOUX CITY, IOWA DECEMBER 7, 2020

1. The Regular Meeting of the City Council was held at 4:07 p.m. The following Council Mem- bers were present on call of the roll: Groetken, Moore, Schoenherr, and Watters. Absent: Scott.

Staff members present included: Robert K. Padmore, City Manager; Nicole M. DuBois, City At- torney; and Heidi Farrens, Deputy City Clerk.

2. The Council interviewed the following applicants for positions on Boards, Commissions, and Committees: A. Art Center Board of Trustees: Shelby Prindaville B. Inclusive Sioux City Advisory Committee: Peggy La C. Parks and Recreation Advisory Board: Cindy Brewer

CONSENT AGENDA

Motion by Moore, seconded by Watters, to adopt the Consent Agenda; all voting aye. Items 3 through 12E are approved unanimously unless specifically noted after the item.

3. Reading of the City Council minutes of November 23, 2020.

Reading of the minutes of November 23, 2020, was waived and as part of the consent agenda the minutes were approved as presented.

4. WESTERN SPECIALTY - Resolution accepting the work and authorizing final payment to Western Waterproofing Company, Inc., doing business as Western Specialty Contractors for the 2020 Heritage Parking Ramp Repair Project. (Project No. 7102-728-012) 2020-0899

5. DOUGLAS ST - Resolution inviting proposals for the sale of land in the Combined Central Sioux City -CBD Urban Renewal Area, announcing the intent to accept the proposal of Harkay Development LLC, fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (the vacated north/south and east/west alleys abutting 705 Douglas Street) 2020-0900

6. CIVIL SERVICE - Motion appointing Phyllis Perez to the Civil Service Commission to complete the balance of a four-year term expiring April 5, 2021, replacing Brad Mellang; and re- appointing Phyllis Perez for a four-year term expiring April 7, 2025. 2020-0901

7. STEW HANSEN - Resolution awarding a purchase order to Stew Hansen Dodge City Jeep of Des Moines, Iowa in the amount of $53,310 for the purchase of two (2) 2021 Jeep Grand Cherokee Laredo vehicles. (RFB No. 264454) 2020-0902

Jim Haden, Emergency Medical Services Director, provided information on the item.

8. ACTIONS RELATINGDRAFT TO ANNUAL REPORTS

A. EFPPC - Motion accepting and approving the Effective Fiscal and Public Policy Com- mittee FY 2020 Annual Report. 2020-0903

B. MUSEUM - Motion accepting and approving the Sioux City Public Museum FY 2020 Annual Report. 2020-0904

C. PARKING AND SKYWALK - Motion accepting and approving the Sioux City Parking and Skywalk System Board of Trustees FY 2020 Annual Report. 2020-0905

Monette Harbeck, Parking Operations Supervisor, provided information on the item.

D. ACTIVE TRANSPORTATION - Motion accepting and approving the Active Transporta- tion Advisory Committee FY 2020 Annual Report. 2020-0906

Chris Madsen, Senior Planner, provided information on the item.

E. BOARD OF ADJUSTMENT - Motion accepting and approving the Sioux City Board of Adjustment FY 2020 Annual Report. 2020-0907

Chris Madsen, Senior Planner, provided information on the item.

F. PLANNING AND ZONING - Motion accepting and approving the Sioux City Planning and Zoning Commission FY 2020 Annual Report. 2020-0908

Chris Madsen, Senior Planner, provided information on the item.

9. ACTIONS RELATING TO AGREEMENTS AND CONTRACTS

A. UFCW LOCAL 222 - Resolution authorizing and approving a Transit Station License Agreement with United Food and Commercial Workers Union, Local 222. (Property located at 3038 South Lakeport Street) 2020-0909

B. RS&H IOWA - Resolution approving Work Order No. 46 with RS&H Iowa, P.C. in an amount not to exceed $645,383 for the design and bidding services in connection with the Rehabilitation of Runway 13/31, Reconstruction of Runway 13/31 Shoulders, Blast Pads, and Replacement of Runway 13/31 Threshold and Edge Lighting System Project at the Sioux Gateway Airport/Brigadier General Bud Day Field. 2020-0910

C. OVERLOOK DEVELOPERS - Resolution approving a Release and Settlement Agree- ment with OverLook Developers, LLC in connection with the construction of the Christy Road Trail. (Parks and Recreation Project No 459-324) 2020-0911

D. HARKAY DEVELOPMENT - Resolution authorizing and approving a development agreement and minimum assessment agreement for the purpose of slum and blight re- mediation with Harkay Development, LLC for the redevelopment of property in the Com- bined Central Sioux City-CBD Urban Renewal Area. (Property located at 705 Douglas Street) 2020-0912

Robert Padmore, City Manager; and Chris Myres, Economic Development Specialist; provided information on the item. DRAFT 10. ACTIONS RELATING TO PERSONNEL

A. NEIGHBORHOOD SERVICES - Resolution amending the Community Development De- partment’s authorized payroll complement by adding an additional Administrative Secre- tary position within the Neighborhood Services Division. 2020-0913

Jill Wanderscheid, Neighborhood Services Manager, provided information on the item.

B. PATS - Resolution amending the Position Classification Manual adopted by Resolution No. 91/T-9972 by approving and adopting an updated job description for a Profession- al, Administrative, Technical, Supervisory, Executive and Council-appointed employee position. (Risk Manager, Class Code 1440) 2020-0914

11. APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. ON-PREMISE SALES 1. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry-out) a. Miles Inn, 2622 Leech Avenue (Renewal)

B. OFF-PREMISE SALES 1. CLASS B WINE PERMIT (wine only) a. La Pinata, 3124 Gordon Drive (Renewal) b. Sam’s Mini Mart, 923 West 7th Street (Renewal) 2. CLASS C BEER PERMIT (beer/wine coolers) a. La Pinata, 3124 Gordon Drive (Renewal) b. Sam’s Mini Mart, 923 West 7th Street (Renewal) 3. CLASS E LIQUOR LICENSE (liquor only) a. Sam’s Mini Mart, 923 West 7th Street (Renewal)

12. BOARD, COMMISSION, AND COMMITTEE MINUTES

A. Historic Preservation Commission – November 3, 2020 B. Library Board of Trustees – November 18, 2020 C. Museum Board of Trustees – November 13, 2020 D. Parking and Skywalk System Board of Trustees – November 18, 2020 E. Seniors Advisory Committee – October 27, 2020

- End of Consent Agenda -

RECOMMENDATIONS OF PLANNING AND ZONING

13. Hearing and Ordinance vacating Hale Street adjacent to 3153 Hale Street. (Petitioner: Ste- phen and Erin Strong) The Planning and Zoning Commission recommends approval of this item. (File No. 2020-0076) 2020-0915

Motion by Moore to open the hearing and pass first consideration of the ordinance. No citizen input was received and the hearing was closed; seconded by Watters; all voting aye.

On motion by Moore, seconded by Groetken, all voting aye; the Statutory Rule requiring that an ordinance be considered at three separate meetings was suspended. On motion by Moore, seconded by Watters, the ordinance passed second and third considerations; all voting aye. DRAFT

Motion by Moore, seconded by Watters, to reconsider the ordinance due to a procedural error; all voting aye; thus, the motion is approved and the ordinance was reconsidered.

Motion by Moore, seconded by Watters, to open the hearing and pass first consideration of the ordinance. No citizen input was received and the hearing was closed; all voting aye.

HEARINGS

14. Hearing and Resolution approving proposal to sell certain real property and authorizing a city deed. (the vacated north/south alley abutting 1414 Lacy Boulevard) (Petitioner: MidAmerican Energy Company) (Purchase Price: $4,752 plus costs) 2020-0916

Motion by Moore, seconded by Watters, to open the hearing and adopt the proposed resolution. No citizen input was received and the hearing was closed; all voting aye.

15. Hearing and Resolution determining an area of the City to be a blighted area and economic development area, and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the City; designating such area as appropriate for an urban renewal project; and adopting Amendment No. 2 to the Amended and Restated Combined Central Sioux City -CBD Urban Renewal Plan for the Combined Central Sioux City -CBD Urban Renewal Project. (Property located at 622 Fourth Street) 2020-0917

Motion by Moore, seconded by Watters, to open the hearing and adopt the proposed resolution. No citizen input was received and the hearing was closed; all voting aye.

16. Hearing and Resolution approving plans, specifications, form of contract, and estimated cost for construction of the NVC Regional Storm Water Detention Improvements Project. (Project No. 7100-663-198) 2020-0918

Gordon Phair, City Engineer, provided information on the item.

Motion by Moore, seconded by Watters, to amend the item by rescinding Resolution No. 2020-0875 to cancel the project entitled “NVC Regional Storm Water Detention Improve- ments Project” and canceling the public hearing on the same; all voting aye.

Motion by Moore, seconded by Watters, to adopt the proposed resolution as amended; all voting aye.

ORDINANCES

17. Ordinance amending Chapter 10.30 entitled “Miscellaneous City Rules of the Road” of the Sioux City Municipal Code to provide regulations for pedestrian use of medians within city streets and highways. (First Consideration Approved November 23, 2020) 2020-0919

The ordinance wasDRAFT considered on motion by Moore, seconded by Watters, to pass first consideration; all voting aye.

On motion by Moore, seconded by Watters, all voting aye; the Statutory Rule requiring that an ordinance be considered at three separate meetings was suspended. On motion by Moore, seconded by Watters, the ordinance passed second and third considerations; all voting aye.

18. CITIZEN CONCERNS

Nick Korleski, 500 Prescott St, spoke regarding unattended police vehicles and the Inclusive Sioux City Advisory Committee. Chief Rex Mueller, Police Department, provided information.

19. COUNCIL CONCERNS

Watters shared that he and Moore met with the Iowa Department of Cultural Affairs. It was a good discussion regarding potential improvement and grant opportunities. Watters said he is grateful to all parties involved in the advancement of renewable fuels projects. Watters urged citizens to continue to wear masks in public spaces.

Moore expressed his sympathy to the family of Donald “Skip” Meisner and shared his gratitude for Meisner’s service at SIMPCO.

20. ADJOURNMENT

There being no further business, the meeting was adjourned at 5:00 p.m., on motion by Moore, seconded by Watters; all voting aye.

ATTEST: ______Lisa L. McCardle, City Clerk Robert E. Scott, Mayor

City Council minutes are available on the Internet at www.sioux-city.org. u:\City Agenda\Minutes and Agendas\Council Minutes\2020\120720m

DRAFT

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: December 14, 2020 ACTION ITEM # 4

FROM: Captain Marti Reilly, Sioux City Police Department

SUBJECT: Presentation of Mayor’s Youth Commission 2020 Accomplishments

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: It is recommended that the City Council allow the Sioux City Mayor’s Youth Commission to present their 2020 accomplishments because it is vital to this youth organization to know that they are supported by the Council as part of the City’s structure, organization, and purpose.

DISCUSSION: The purpose of the Sioux City Mayor’s Youth Commission is to explore, communicate, and provide for the needs, problems, issues, and activities affecting the City’s youth. The organization serves as an integral part of the structure of the City of Sioux City, Iowa.

Through November 14, 2020, members of the Sioux City Mayor’s Youth Commission have contributed 1,788 volunteer hours back to our community.

The City Council has requested in the past that the Youth Commission present its accomplishments at least one (1) time per year.

Siouxland CARES facilitates the activities of the Sioux City Mayor’s Youth Commission and coordinates its adult advisors. The Sioux City Police Department is the liaison between Siouxland CARES and the Youth Commission. Members of the Sioux City Mayor’s Youth Commission would like to share the 2020 accomplishments with the City Council and community.

FINANCIAL IMPACT: None

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Progressive Leadership Focus Area – Grow Sioux City Pride: #3 Significantly increase youth involvement in all as- pects of the City.

ALTERNATIVES: Do not allow the presentation of accomplishments.

ATTACHMENTS: 2020 Mayor’s Youth Commission Accomplishments

SIOUX CITY MAYOR’S YOUTH COM- meetings, and community service from Jan- MISSION (MYC) uary through November 14. Many hours ACCOMPLISHMENTS will be added as the students are currently January – November 14, 2020 visiting businesses to encourage them to display “Masks Encouraged” or “Masks Re- The purpose of the Mayor’s Youth quired” window Clings.

Commission is to explore, communicate, ➢ The Executive Council members held an and provide for the needs, problems, orientation session for 34 new members in issues, and activities affecting the City’s January. The top concerns they have are: youth. Alcohol & drug abuse, vaping, bullying, social media/cell phone obsession, peer pres- The Goals of MYC are: sure, and mental health issues.

➢ To make a positive impact of the community and feel valued ➢ Community Service ➢ To encourage youth to develop into o Members of the Youth Commission their full potential volunteered at 33 different activities ➢ To hold leadership sessions for youth from January through November 14, to increase their knowledge and skills 2020 including: Little Free Library, ➢ To participate in community service Teen Court, Disc Golf Cleanup, City and activities and to have the youth Council meetings, iHeart Radio PSAs, feel they have made a positive contri- Neighborhood Network Family Fun Night, Collecting Books for Little Free bution to society Library, Humane Society Caramel Ap- ples, Daddy Daughter Date Night, Siouxland CARES facilitates the activities of the League of Women Voters Town Hall Mayor’s Youth Commission and the Sioux City Meeting with Legislators, Cone Park All Young Ambassadors and coordinates its adult Abilities Day, Young Ambassador advisors. The Sioux City Police Dept. is the Nominations Press Conference, Young liaison between Siouxland CARES and the Ambassador Nomination Process, Youth Commission. Young Ambassador Ceremony, Siouxland CARES Plant the Town Red The Sioux City Mayor’s Youth Commission Tulip Fundraiser, Planting Tulip Bulbs, uses emails, MYC website, Facebook, Twitter, video recordings for Big Give Day, Instagram, Snapchat, REMIND notices, phone Siouxland District Health’s Move your calls and texts to communicate with its mem- Way Disc Golf and Run Walk Roll Play bers. Challenges. o A number of activities MYC usually List of 2020 Activities through November: participates in are Breakfast with the ➢ The Executive Council coordinated activi- Bunny, Faces of Siouxland Multicultural ties for its 123 active members of the Sioux Fair, Iowa Youth Congress were can- City Mayor’s Youth Commission and 40 celled because of Covid-19. Young Ambassadors, with the help of o MYC did participate in numerous Siouxland CARES who coordinated the 7 Covid-19 Helping Activities including adult advisors. Participating high school making posters for nursing homes, bill- students were from the following schools: board thanking frontline workers, sever- Bishop Heelan, East, North, West, and Ser- al people made masks and ear savers, geant Bluff/Luton. Dropped 11 members at cleaned businesses and classrooms, trash their request or for non-participation. cleanup on Earth Day along Floyd Blvd,

➢ Members of the Sioux City Mayor’s Youth picked up trash on the riverfront and Commission and Sioux City Young Ambas- several neighborhood parks, organized sadors contributed 1788 hours back to the food drive, helped by doing errands for Siouxland community through planning, homebound people, assisted family with

a home and food after a house fire, cleaned and disinfected car and belong------ings for the elderly upon their return to 2020 Executive Council Sioux City, submitted many videos for the City’s Choose Love video. Mayor – Areeha Ilyas o Maintained a Volunteer Opportunities Mayor Pro-Tem – Sarah Jabre for Youth Guide, listing nearly 50 agencies for participation in community ser- Legal Director – Estella Ruhrer-Johnson vice activities. Finance Director – Jake McGowan

Administrative Services Director – Isabel Martinez o Members participated in summer clean- Hospitality Co-Directors – Anna Erickson, Emily up of litter at the Disc Golf Courses in Hodge, Christopher Knechel Sertoma Park, Grandview Park, and Leif Young Ambassador Co-Directors – Kaleb French, Erickson Park. Sydney Helt, Lorena Perales, Jackson Wagner Project Directors – Iris Engelhardt, Gabriela Garcia, ➢ Young Ambassadors Lizbeth Garcia, Emma Gross, Owen Hoak, Alexan- o The Youth Commission administered dra Johnson, Alexandra Kleinschmit, Katie Mahnke, Myanna Parker, Isabele Raveling, Karlie Stoos the Sioux City Young Ambassador program and coordinated a Young Ambas- sador Recognition event for 25 students in grades 4-7 in September. All 25 stu- Adult Advisors dents were honored and chosen to be • Steve Beekman, Siouxland Community Health Dept. Sioux City Young Ambassadors Mem- • Britney Book, Siouxland CARES Executive Director bers of the MYC will mentor the 25 students throughout the year. Approxi- and former MYC member mately 150 parents/ family members at- • Bernie Hess, Community Volunteer tended. Young Ambassador Keynote Speakers were Hannah Koehler and • Terry Ivener, Sioux City Police Dept. Liaison Layla Lilly who spoke on their experi- • Mary Koster, Siouxland CARES ences with the Young Ambassador program. This program was made possible • Rachel Lundgren, Siouxland CARES by use of the Long Lines Family Rec • Angel Wallace, SC Parks and Recreation Center which allowed for proper social distancing.

➢ Educational Sessions o MYC members, Young Ambassadors, and parents heard presentations on Leadership and Speaking Skills presented by Peggy Smith, Executive Director of Leadership Siouxland, League of www.sioux-city.org/myc, Women Voters Sioux City, Angel Wal- www.siouxlandcares.org/youthservices lace, Sioux City Parks & Rec Manager, presented an update on Sioux City Parks. MYC members were not able to hear some planned programming presentations because of the Covid-19 restrictions.

➢ Fundraisers o Participated in Siouxland CARES Plant the Town Red Tulip Fundraiser by sell- ing more than 1100 tulip bulbs.

SIOUX CITY MAYOR’S YOUTH COMMISSION “Never doubt that a small group of citizens can change the world. Indeed, it is the only thing that ever has.” –Margaret Mead MISSION

 The mission of the Mayor’s Youth Commission is to explore, communicate and provide for the needs, problems, issues, and activities affecting the City’s youth. GOALS

 For youth to make a positive impact in their community and feel valued  To encourage youth to develop into their full potential  To hold leadership sessions for youth to increase their knowledge and skills  To participate in community service and activities and to have the youth feel that they have made a positive contribution to society REQUIREMENTS

 Each member is required to earn 10 points (2 hours = 1 point) as well as follow the Good Conduct Policy. Half of the activities or points must be earned by May 31.

 Silver Cord Service Hours:  New compilation of points beginning 2020: Points will be calculated in two categories, Meetings/Volunteering and Donations/Community. All points will be counted. The only difference is that your silver cord points will only be from the Meetings/Volunteering category. 2020 MEMBERSHIP

 Mayor’s Youth Commission Members: 123  Young Ambassadors: 40  Total Members: 163  Members are from Bishop Heelan High School, East High School, North High School, West High School and Siouxland Community Christian. 2020 IMPACT

 In January, the Executive Council members held an orientation for 34 new members.  In February, they identified items for their 2020 Action Plan which included:  Leadership and Public Speaking  Support Veterans  Trash Cleanup  Promote MYC in Schools  Young Ambassador Little Free Library Activities  In 2020:  Members contributed 2,044 volunteer hours to our community  MYC members volunteered at 33 different activities LEADERSHIP AND PUBLIC SPEAKING

February 2020: • Peggy Smith, Executive Director of Leadership Siouxland, facilitated skill-building activities. LEAGUE OF WOMEN VOTERS 100 YEARS WITH THE VOTE EVENT FEBRUARY 9, 2020 LITTLE FREE LIBRARY PROJECT

10 Little Free Libraries Are Located Throughout Sioux City. “Take A Book – Leave A Book” 2020 VOLUNTEER ACTIVITIES

Mayor’s Youth Commission & Young Ambassador Members Volunteered at 33 Activities: Little Free Library, Teen Court, Disc Golf Cleanup, City Council meetings, iHeart Radio PSAs, Neighborhood Network Family Fun Night, Collecting Books for Little Free Library, Humane Society Caramel Apples, Daddy Daughter Date Night, League of Women Voters Town Hall Meeting with Legislators, Cone Park All Abilities Day, Young Ambassador Nominations Press Conference, Young Ambassador Nomination Process, Young Ambassador Ceremony, Siouxland CARES Plant the Town Red Tulip Fundraiser, Planting Tulip Bulbs, video recordings for Siouxland Big Give, Siouxland District Health’s Move your Way Disc Golf and Run Walk Roll Play Challenges.

MYC Helping Others During COVID-19: Made 49 face masks and donated them to Rosecrance Jackson Centers; made ear savers for doctors and nurses at MercyOne; helped clean classrooms before they were locked down; made face masks for restaurant workers; made face masks for workers at Sanctuary Apartments; helped family after a fire at their home; helped cook and coordinate dinners for family whose house caught on fire; made blankets for Mercy Child Advocacy Center; picked up trash along Floyd Boulevard on Earth Day; helped sew 300 masks for UnityPoint Health – St. Luke’s; made poster for grandmother in nursing home; created artwork to thank frontline workers which was made into several billboards placed around Siouxland; picked up trash on the riverfront; organized a food drive; trash pickup at neighborhood parks; and submitted videos for the Choose Love video.

SIOUX CITY YOUNG AMBASSADORS

 Recognition program for students in grades 4-7th who display good character.

 All nominated students received a free Young Ambassadors t-shirt, a gift certification from Book People provided by MYC, and public recognition.

 From the nominations, 25 students are selected to be mentored by members of the Sioux City Mayor’s Youth Commission. YOUNG AMBASSADOR CEREMONY MYC EXECUTIVE COUNCIL These members have:  Served one year on the Youth Commission or were previously a Young Ambassador  Completed an application  Interviewed for the position MAYOR AREEHA ILYAS

MAYOR PRO TEM SARAH JABRE 2020 EXECUTIVE COUNCIL

 Mayor:  Young Ambassador Co-Directors:  Areeha Ilyas, North High School  Kaleb French, West High School; Sydney Helt, East High School; Lorena Perales, East High School; Jackson Wagner,  Mayor Pro Tem: North High School  Sarah Jabre, Bishop Heelan  Hospitality Co-Directors:  Finance Director:  Anna Erickson, Bishop Heelan; Emily Hodge, North High  Jake McGowan, Bishop Heelan School; Christopher Knechel, West High School  Project Directors:  Legal Director:  Bishop Heelan: Gabby Garcia, Lizbeth Garcia, Alexandra  Estella Ruhrer-Johnson, East High School Johnson, Alexandra Kleinschmit  East: Owen Hoak, Myanna Parker, Karlie Stoos  Administrative Services Director:  North: Emma Gross, Isabele Raveling  Isabel Martinez, Bishop Heelan  West: Iris Engelhardt, Katie Mahnke 2020 ADULT ADVISORS

 Adult Advisors help the members accomplish their goals:  Britney Book*, Siouxland CARES Executive Director  Bernie Hess, Retired School Counselor and Community Volunteer  Sgt. Terry Ivener, Sioux City Police Department Liaison  Mary Koster, Siouxland CARES Youth Services Coordinator  Rachel Lundgren, Siouxland CARES Data & Outreach Coordinator  Karina Sanchez*, Immigrant Legal Center/Justice For Our Neighbors Network  Angel Wallace, Sioux City Parks & Recreation

*Former Mayor’s Youth Commission Members. SIOUX CITY MAYOR’S YOUTH COMMISSION GET INVOLVED – BE ACTIVE – BE SOMEBODY x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: December 14, 2020 ACTION ITEM # 5 FROM: Captain Marti Reilly, Sioux City Police Department

Resolution appointing new members to the Mayor’s Youth Commission for SUBJECT: terms expiring on December 31st of each student’s senior year.

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests that the City Council appoint the attached list of students to the Mayor’s Youth Commission. Each member's term will expire on December 31st of their senior year.

DISCUSSION: Every year in October, the Sioux City Mayor’s Youth Commission solicits applications from 9th and 10th graders who attend a Sioux City School, reside in Sioux City, or are home schooled and live in Sioux City. Eleventh graders may apply if they are new to Sioux City or new to a Sioux City School.

This year, 48 applications for membership were received, broken down by gender, ethnicity and school and are as follows:

Male – 11 Female - 37

Ethnicity: Caucasian – 39 Caucasian/Asian American - 1 African American - 2 Latino/Hispanic - 4

Schools: Bishop Heelan - 29 East – 8 North - 7 West – 3 Siouxland Christian - 1

Siouxland CARES reviewed all applications from the attached list and received the appropriate documentation from each student. All students are eligible to participate.

The purpose of the Sioux City Mayor’s Youth Commission is to explore, communicate, and provide for the needs, problems, issues, and activities affecting the city’s youth. The organization serves as an integral part of the structure of the City of Sioux City, Iowa.

This Youth Commission is an organization that is empowered by a group of highly motivated and dedicated high school students who understand the importance of leadership and community volunteerism.

FINANCIAL IMPACT: None

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Progressive Leadership Focus Area – Grow Sioux City Pride: #3 Significantly increase youth involvement in all as- pects of the City.

ALTERNATIVES: Do not approve new members.

ATTACHMENTS: Resolution 2020 New member list

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION APPOINTING NEW MEMBERS TO THE MAYOR’S YOUTH COMMISSION FOR TERMS EXPIRING ON DECEMBER 31st OF EACH STU- DENT’S SENIOR YEAR.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the students listed on Exhibit “A”, attached hereto and by this reference made a part hereof, be and the same are hereby appointed to the Mayor’s Youth Commission for terms expiring on December 31st of each student’s senior year.

PASSED AND APPROVED: December 14, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

Exhibit “A” First Name Last Name Address City ST Zip School Jaycee Aldrich 695 Arrowhead Ct. No. Sioux City SD 57049 BHHS Patrick Baughman 2101 McDonald St. Sioux City IA 51104 WHS Addyson Beaulieu 920 Pebble Beach Drive Dakota Dunes SD 57049 BHHS Renae Callaghan 990 Pebble Beach Dr. Dakota Dunes SD 57049 BHHS Eric Carias 1212 28th Street Sioux City IA 51104 NHS Hannah Cary 6820 Palm Valley Dr. Sioux City IA 51106 EHS Charlotte Case 2823 S. Patterson Sioux City IA 51106 BHHS Yeni Condon 2701 48th St. Sioux City IA 51108 NHS Madilyn Cramer 3316 S. Clinton Sioux City IA 51106 BHHS Kylee Dailey 1115 South Rustin St. Sioux City IA 51106 EHS Ellie Flanigan 4910 Robin Ct. Sioux City IA 51106 BHHS Sebastian Gael Flores 1703 Douglas St. Sioux City IA 51105 BHHS Reagan Foley 561 Prairie Blvd. Dakota Dunes SD 57049 BHHS Adelaide Gasaway 3715 Briar Path Sioux City IA 51104 NHS Ian Gill 2206 Heights Ave. Sioux City IA 51104 BHHS Annie Grieve 648 Brentwood St. Sioux City IA 51103 BHHS Camden Hale 6117 Pine View Dr. Sioux City IA 51106 EHS Lydia Harpenau 2498 Carroll Ave. Salix IA 57052 BHHS Elliana Harris 3420 Quail Ridge Sioux City IA 51106 EHS Grace Hodge 3621 Pierce Place Sioux City IA 51104 NHS Jacy Jackson 815 Hornick Ave. Sioux City IA 51109 WHS Taylor Jochum 1629 270th St. Salix IA 51052 BHHS Hannah Koehler 1903 So. Cedar St. Sioux City IA 51106 Sxlnd Christian Karley Koob 5501 Wild Rose Lane Sioux City IA 51106 BHHS Kalyn Koob 5501 Wild Rose Lane Sioux City IA 51106 BHHS Jolee Ann Kueny 1855 180th St. Lawton IA 51030 BHHS Madyson Lang 614 Surry Lane Sioux City IA 51106 BHHS Brady Maas 6717 Kingswood Ct. Sioux City IA 51106 BHHS McKayla Marreel 4157 Casteel Ct. Sioux City IA 51106 BHHS Max McDonald 3819 4th Ave Sioux City IA 51106 EHS Maria McGowan 33533S. Ridge Rd Sioux City IA 51108 BHHS Camdyn Meier 3636 Pierce St. Sioux City IA 51104 BHHS Avery Miller 1301 46th St. Sioux City IA 51104 BHHS Rachel Noble 1612 Hiawatha Trail Sioux City IA 51104 NHS Rsumeyo Noor 2323 W. 19th Apt #4 Sioux City IA 51103 WHS Fatima Pacz 2016 Iowa St. Sioux City IA 51105 NHS

Olivia Paskey 4600 Country Club Blvd. Sioux City IA 51104 BHHS Claire Plathe 2812 Military Road Sioux City IA 51103 BHHS Katelyn Porath 48222 332nd St Jefferson SD 57038 BHHS Annabelle Ruhrer-Johnson 3228 4th Ave. Place Sioux City IA 51106 EHS Evan Schultz 472 Bluestem Trail Dakota Dunes SD 57049 BHHS Nora Sealey 201 Cook Drive Sioux City IA 51104 BHHS Sophia Stabile 15 Deerhaven Dr. Sioux City IA 51104 BHHS Brooklyn Stanley 384 Oxbow Trail Dakota Dunes SD 57049 BHHS Camille Strim 1520 Aztec Circle Sioux City IA 51104 NHS Garrett Thompson 2713 S. Cornelia Sioux City IA 51106 EHS Kellen Vlahoulis 4905 Evergreen Lane Sioux City IA 51106 EHS Scarlett Walsh 452 Inverness Trail Dakota Dunes SD 57049 BHHS

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: December 14, 2020 ACTION ITEM # 6-7 Robert Padmore, City Manager FROM: Nicole DuBois, City Attorney

Resolution fixing the salary of the City Manager. SUBJECT: Resolution fixing the salary of the City Attorney.

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests the City Council approve the attached resolutions fixing the salaries of the City Manager and City Attorney.

DISCUSSION: The attached resolutions are in accordance with previous evaluations conducted by the City Council.

FINANCIAL IMPACT: Reduction in the City Manager’s and Legal Department’s salaries line item.

RELATIONSHIP TO STRATEGIC PLAN: MUNICIPAL RESPONSIBILITIES • Progressive Leadership

ALTERNATIVES: Not approve the salary increases.

ATTACHMENTS: Resolutions

RESOLUTION NO. 2020 - ______

RESOLUTION FIXING THE SALARY OF THE CITY MANAGER

WHEREAS, on February 3, 2014, pursuant to Resolution No. 2014-0064, the City Council approved an Employment Agreement with the City Manager; and

WHEREAS, the City Council desires to fix the salary of the City Manager based upon his annual performance evaluation.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that effective January 1, 2021, the salary of the City Manager shall be $7,663.22 biweekly along with the benefits as outlined in the Employment Agreement dated February 3, 2014.

BE IT FURTHER RESOLVED that the Mayor be and he is hereby authorized and directed to execute a Personnel Form 2 to implement said salary increase.

BE IT FURTHER RESOLVED that all resolutions in conflict herewith are hereby rescinded.

PASSED AND APPROVED: December 14, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

RESOLUTION NO. 2020 - ______

RESOLUTION FIXING THE SALARY OF THE CITY ATTORNEY

WHEREAS, on December 21, 2015, pursuant to Resolution No. 2015-0954, the City Council approved an Employment Agreement with the City Attorney; and

WHEREAS, the City Council desires to fix the salary of the City Attorney based upon her annual performance evaluation.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that effective January 1, 2021, the salary of the City Attorney shall be $5,781.63 biweekly along with the benefits as outlined in the Employment Agreement dated December 21, 2015.

BE IT FURTHER RESOLVED that the Mayor be and he is hereby authorized and directed to execute a Personnel Form 2 to implement said salary increase.

BE IT FURTHER RESOLVED that all resolutions in conflict herewith are hereby rescinded.

PASSED AND APPROVED: December 14, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: December 14, 2020 ACTION ITEM # 8 FROM: Todd Behrens, Art Center Director

Motion accepting and approving the Art Center Board of Trustees FY 2020 SUBJECT: Annual Report.

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests Council approve the motion accepting and approving the Art Center Board of Trustees’ FY 2020 Annual Report.

DISCUSSION: As required by City Code, Section 2. 66.070 Annual Reports, the Art Center Board of Trustees has completed its FY2019 Annual Report of activities over the last year and is requesting Council approval.

FINANCIAL IMPACT: None

RELATIONSHIP TO STRATEGIC PLAN: Through exhibitions, programming and public art, the Art Center adds to the City of Sioux City’s quality of life. This contribution helps to position Sioux City as a preferred community through marketing initiatives and growing local pride in our City.

ALTERNATIVES: Accept or reject the Annual Report.

ATTACHMENTS: 2020 Sioux City Art Center annual report included

Annual Report FY July 1, 2019 – June 30, 2020

ARTSPLASH, Labor Day Weekend 2019 Fiscal Year 2020 turned out to be quite an experience for everyone.

But here at the Sioux City Art Center, the year began in July with our first summer art camp in the Gilchrist Learning Center and renovation work approaching its completion in the Art Center building. By the fall, we had installed exhibitions in brand new permanent collection galleries, had opened a relocated and updated Junior League Hands On! NEW RENOVATIONS, September 2019 Gallery, and were moving the collection into its new storage vault.

And then we turned the calendar over to 2020 and wow! We began in January with celebrating the retirement of Al Harris-Fernandez, whose tenure was the longest and most successful of any director in the Sioux City Art Center’s long history. But by winter’s end, we were closed and would remain closed during the final 3½ months of the fiscal year.

Thanks to the continuing support from our members, sponsors, and national, state, and local organizations, we continue to make it through this difficult time, adjusting continually with scheduling shifts, technological growth, and a dash of creativity (it’s kind of our thing) to keep our programming alive. As of this writing, the future remains AL'S RETIREMENT, January 2020 as unpredictable as ever. But we are accustomed to that now and will continue to adapt to the uncertainty to ensure that the Sioux City Art Center serves the community regardless of the challenges.

Thank you for your support!

Todd Behrens Director, Sioux City Art Center BUDGET summary

The Sioux City Art Center is a public/private partnership between the City of Sioux City and the Art Center Association of Sioux City.

City of Sioux City Financial Report

City Assn. City Assn. 2019/2020 2018/2019 51% 49% 56% 44% Employees $650,019 $660,128 Supplies & Services 33,407 23,514 Repairs & Improvements 68,331 68,672 2019/2020 2018/2019 Utilities 119,393 118,741 $ 871,150 City of Sioux City Appropriation $ 871,055 823,049 Art Center Assn. of Sioux City Support 683,945 TOTAL $871,150 $871,055 $1,694,199 TOTAL $1,555,000

Sioux City Art Center Expenses

Facility Facility Attendance 23% 19% • Gallery...... 18,148 counted Programs Programs • ArtSplash.....17,000 estimated 16% 24% • Public Art.....25,000+ estimated Salaries Salaries 61% 58% Total...... 60,148+ estimated & counted

Volunteer Hours 2019/2020 2018/2019 $1,039,376 Salaries and Benefits $ 899,674 • Art Center....282.5 counted 273,322 Programs 366,735 • ArtSplash.....1,344 estimated 381,501 Facility/Operations 288,591 $1,694,199 TOTAL $1,555,000 Tours 2019/2020 ARTworks...... 9 (serving 333 fifth grade students) Assn. Other tours...... 7 37% SALARIES AND BENEFITS (serving 109 individuals)

City $ 650,019 Association 389,357 Members TOTAL $1,039,376 City 63% Individuals & Families...... 392 Business...... 24 Blockbuster Partners...... 10

Exhibitions PROGRAMS Exhibitions...... 11 Lectures/Gallery Talks...... 4 Assn. City $ 0 100% Association 273,322 Public Programs...... 17 TOTAL $ 273,322

Education Classes / Workshops...... 201 Students...... 1,422 Off-site Programs...... 1 Off-site Program Attendees...... 20 FACILITY AND OPERATIONS Assn. 42% Artful Birthday Parties...... 9 City City $ 221,131 Artful Birthday Attendees...... 123 Association 160,370 58% TOTAL $ 381,501 Contact hours...... 7,148.5 Docents...... 6 EXHIBITIONS AND GALLERY TALKS / LECTURES

Exhibitions during 2019-2020 were altered slightly due to the coronavirus pandemic that interrupted life across the globe. The exhibitions at the Art Center were not too badly affected, as only the annual The Briar Cliff Review Exhibition was cancelled; it will return with greater anticipation next year. The biennial Local Perspectives exhibition juried by former director, Al Harris-Fernandez, was postponed until July 2020.

Ongoing Exhibitions in the permanent galleries on the first floor included The Sioux City Art Center Permanent Collection: Legacy Collection, which opened September 28, 2019, in the From Bilhenry Walker: Light, Space, and Metaphor installation Margaret Ann Martin Everist Permanent Collection Gallery; Sioux City Artists The Elements of Art Klaire Lockheart: Feminine Attempts in the Permanent Collection which Opened September 28, 2019 Jensen, Everist, and Terra Galleries opened September 28, 2019, in the The Old Vault Gallery November 16. 2019 – February 2, 2020 Gardner Foundation Gallery; and Using artworks from the permanent The Elements of Art, which opened collection, this exhibition presents the Pauline Sensenig: Stories— September 28, 2019, in the Old Vault seven elements of art: line, shape, form, Raw and Cooked Gallery. The second-floor community space, texture, value, and color. Jensen, Everist, and Terra Galleries gallery and the third-floor galleries November 16. 2019 – February 2, 2020 hosted eight exhibitions that spanned the fiscal year, including artworks by Second-Floor / Community Galllery Michael Cody Drury: Infinite Jux Bilhenry Walker, Danuta Zamojska Main Gallery Hutchins, Pauline Sensenig, Klaire Sioux City Camera Club: Reflections January 25 – May 3, 2020 Lockheart, and Sioux City native, November 23, 2019 – February 16, 2020 (actual last day: March 15, 2020) Michael Cody Drury, and exhibitions by middle school and Head Start students, Danuta Zamojska Hutchins Youth Art Month Exhibition: as well as the annual partnership with September 14 – November 17, 2019 Middle School Students the Sioux City Camera Club. Jensen, Everist, and Terra Galleries Celebrating Children: February 15 – April 12, 2020 Ongoing Exhibitions Art by Head Start Students (actual last day: March 15, 2020) February 22 – April 26, 2020 Grant Wood’s Corn Room mural (actual last day: March 15, 2020) Cancelled Exhibition since 2007, refreshed July 2020 The Briar Cliff Review Exhibition First-Floor Exhibitions Third-Floor Exhibitions April 23 – July 12, 2020 This annual exhibition is a collaboration The Sioux City Art Center Permanent The Sioux City Art Center Collection: between the Art Center and Briar Cliff Collection: Legacy Collection 1938-1988 University. BCU produces a beautiful Opened September 28, 2019 Main Gallery annual journal of essays, poetry, and art. Margaret Ann Martin Everist July 20 – October 6, 2019 The Art Center and BCU jointly select Permanent Collection Gallery the art for the journal, and the Art Center Works by major upper Midwestern The Sioux City Art Center Collection: presents an exhibition of those artworks. artists from the last 25 years. 1989-2019 Although the exhibit was cancelled, the Jensen, Everist, and Terra Galleries journal was published. Sioux City Artists in the August 3 – November 3, 2019 Permanent Collection Postponed Exhibition Opened September 28, 2019 Bilhenry Walker: Light, Space, The Gardner Foundation Gallery and Metaphor Local Perspectives More than a century of art produced by Main Gallery Actual dates: July 11 – October 11, 2020 artists who have called Sioux City “home.” October 19, 2019 – January 12, 2020 Main Gallery Bilhenry Walker speaks at the Bilhenry Walker: Light, Space, and Metaphor reception Gallery Talks / Programs

Bilhenry Walker: Light, Space, and Metaphor Opening Reception, October 19, 2019 Al Harris-Fernandez, Todd Behrens, and Bilhenry Walker

Klaire Lockheart: Feminine Attempts Pauline Sensenig: Stories— Raw and Cooked Opening Reception, November 16, 2019 Al Harris-Fernandez, Todd Behrens, Pauline Sensenig, and Klaire Lockheart Klaire Lockheart speaks at the Klaire Lockheart: Feminine Attempts reception Michael Cody Drury: Infinite Jux Opening Reception, January 25, 2020 Erin Webber-Dreeszen, Terri Parish McGaffin, and Michael Cody Drury

Youth Art Month Exhibition Welcome and Awards Presentation, February 16, 2020 Todd Behrens, Debra Marqusee, Pat Toben (Arts and Community Engagement Program Coordinator, Sioux City Community Schools), and Bob Scott (Mayor, City of Sioux City)

Pauline Sensenig speaks at the Pauline Sensenig: Stories—Raw and Cooked reception

Michael Cody Drury speaks at the Michael Cody Drury: Infinite Jux reception ACCESSIONS TO THE permanent collection

2020.01 2020.09 Marvel Cox Benjamin Gardner The Open Cut, undated The Mushrooms, 2018 watercolor on paper acrylic on canvas 14 x 21.5 inches 36 x 48 inches

2020.02 2020.10 Carl Gustav Nelson Barbara Fedeler Untitled (Portrait of a Woman), 1940 Effigy Mounds in May 2018, 2019 oil on canvas charcoal on paper 20 x 18 inches 48 x 17 inches

2020.03 2020.11 Yaacov Agam Cathy Palmer Man, 2001 Sunspot, 2018 serigraph, 2/79 oil on canvas on board 12 x 13 inches 48 x 32 inches

2020.04 2020.12 Yaacov Agam Bilhenry Walker Cathy Palmer, 2020.11 Lines and Forms #2 Flint III, 1975 (from Lines and Forms Suite), 1984 Plexiglas lithograph, E.A. 12 x 20 x 4 inches 8 x 12 inches 2020.13 2020.05 Al Harris-Fernandez Yaacov Agam Operetta Series #3, 2019 Agam 1 – Lignes Géométrique, 1980 oil on canvas serigraph, 198/252 36 x 36 inches 11 x 12 inches 2020.14 2020.06 Al Harris-Fernandez Andre Beaudin The Heaven Paintings #1, 2017 Feuilles Évadées (from Souvenirs et oil over acrylic on canvas Portraits d’Artistes Suite), 1972 36 x 36 inches lithograph, 604/800 Bilhenry Walker, 2020.12 12.5 x 9.75 inches 2020.15 Michael Drury 2020.07 b15, 2016 Alexander Calder oil on canvas Circles and Pyramids, c. 1975 64 x 48 inches lithograph, E.A. 16 x 12 inches

2020.08 Salvador Dali Combat des Cavaliers, 1975 etching and aquatint (dated in plate 1962), 249/450 8.5 x 13.75 inches

Al Harris-Fernandez, 2020.14 development

Blockbuster III Partners

PRINCIPAL SPONSOR INVESTOR SPONSOR Gilchrist Foundation Anonymous Annual Meeting Regina Roth FOUNDING SPONSOR Recognitions Avery Brothers Sign & Co. SUPPORTING SPONSOR June 10, 2020 KTIV-TV Channel 4 Richard C. Brown, Jr. MD & Powell Broadcasting Aaron H. Beutler Outgoing President Sioux City Journal Gerkin Windows & Doors Richard C. Brown, Jr. Jim & Charese Yanney Tigger & Irving Jensen Trust MidAmerican Energy Company Outgoing Board Members PATRON SPONSOR Tegra Corporation Award of Excellence for Service Persinger Family Foundation Thompson Electric Tyler DeLashmutt Ashley Mozak CHAMPION SPONSOR CONTRIBUTING SPONSOR Richard Roth Security National Bank Dennis Mahr

Board Member of the Year BENEFACTOR SPONSOR Katherine Erion Klinger Companies, Inc.

Business Partner of the Year Sioux City Foundry Business Partners Media Partner of the Year PLATINUM BRONZE Powell Broadcasting Gunderson’s Jewelers Antiques on Historic Fourth Siouxland Magazine Burg Studios ArtSplash Volunteers of the Year Coughlin Landscaping Mike Potash GOLD Davenport Cleaners Ellen Shaner CMBA Architects Foulk Brothers Plumbing & Heating C.W. Suter Services Goosmann Law Firm ArtSplash Business Partner of the Year Great West Casualty Office Systems Company Short Staffed Sunnybrook Dental Shay Studios Reich Painting & Decorating Co. Sterling Computers Teacher of the Year Windows America & Dog Watch Brenda Thelen SILVER Ave Medical Spa Docent of the Year Greenberg Jewelry Company Joann Dandurand McClintock Insurance Mills-Shellhamer-Puetz & Assoc. Insurance PLaN architecture Shady Grove Pottery Thorpe & Company Jewellers Walton Dental Health education

Docent Program ArtCamp Our team of six dedicated docents This was the fourteenth year the Art conducted 16 tours serving over 442 Center has hosted ArtCamp. This year’s children and adults. Included in these camps were once again a tremendous numbers is the ARTworks program, success with 228 children attending. serving fifth-grade students who receive ArtCamp 2019 culminated with an free busing, a guided tour, and an exhibition of the children’s artwork. opportunity to create a piece of artwork These works were selected by the based on the Grant Wood mural. There children and were exhibited during the were 9 ARTworks tours with a total of summer and fall months in the Gilchrist 332 fifth-grade students. Learning Center’s education hallways.

Community-requested Classes, Holiday Gift-making Workshop Workshops and Outreach Programs Our 16th annual Holiday Workshop The Education Department hosted was held December 7, 2019. Eight art several community requested projects and refreshments were offered workshops throughout the year free of charge to the public throughout including the following groups: the day. Under the guidance of four Boy Scouts, Empty Bowls Project, instructors, 164 children and adults Siouxland Food Bank, Fall Fest, enjoyed creating gifts for their families ArtCamp Morningside Elementary STEAM all and loved ones. school challenge, Head Start, Sanford Center, Girls Incorporated, Ponca Tribe Youth Art Month of Nebraska, Opportunities Unlimited, In celebration of Youth Art Month, Prodigy Learning Center, First Lutheran the Sioux City Art Center held its 31st Church, and Siouxland Senior Center. annual Youth Art Month Exhibition for area middle schools, from February Artful Birthday Parties 15 – April 12, 2020. This year’s juror, The Gilchrist Learning Center hosted 9 Pauline Sensenig chose 56 pieces birthday parties in the past 12 months. for the exhibition out of 274 submitted Under the direction of our creative artworks. Of the 56 selected pieces, teachers, 123 children completed twelve schools were represented. The masterpieces of art. opening reception on Sunday, February 16 was extremely well received with Classes and Workshops 211 students, teachers, friends and During the 2019-2020 quarterly family filling the atrium. Mayor Bob semesters at the Gilchrist Learning Scott, Art Center Director Todd Behrens Center, 1,422 students participated and Education Coordinator Debra in 201 adult and children’s classes Marqusee assisted in the presentation and workshops with a total of 7,148.5 of the awards. accumulated contact hours. All adult 8-week classes were available for Spring Fling Workshop teaching license renewal credit through Our annual Spring Fling Workshop was Northwest AEA, Briar Cliff University and scheduled to be held on March 21, Morningside College. Weekend family 2020. Due to the coronavirus pandemic art classes are offered every Saturday the event was canceled. on a drop-in basis throughout the year. Holiday Workshops ASSOCIATION MEMBERS FY July 1, 2019 – June 30, 2020

RENAISSANCE Nick & Britni Nobert Bridget McGarry Mina Karcher Jeff Baldus Stan & Barbara Orzechowski Michael & Ann Marie McTaggart JoAnn Kots Mike & Margie Bennett David & Joan Paulsrud Dale & Lori Meyer Barbara Krigsten Eileen Helvig Mike & Helena Potash Jeff & Prudence Michalak Gina Kuehl Colin & Pokey Jensen Phyllis Powell Bruce R Miller Kay Luckett Irving F. Jensen III Dr. Carolyn Rants J Marlene Mueller Mary Macomber Julian & Lisa Leopold Bob & Kaye Rasmus Stan & Mary Munger Liliana Madrid Dennis Mahr & Carol Langin Barbara & Bill Rickord Diane Neri Jana Martens John & Connie Persinger Mrs. William E. Rodawig Nick Noyes Helen Logan Maxwell Mark & Polly Peterson Ted & Susie Rudberg Kelly Oliver Laura Mesz Ginny Peterson Caroline O’Kane Sands Marty & Michele Palmer Judy Monson Patrick & Catherine Saulsbury Jerry & Rae Ann Palmer Dan Nelson LEADER Michael Schlesser Carol Pemberton Lynn Nordsiden Ross & Kim Bacon Robert & Molly Seff Hunter Pitts Bergen Peterson Todd & Donna Behrens Jim & Rosemary Sheehan Dr. Sarah & Mr. Phil Powell Jane Pollard John Cordoue & Sylvia Kuennen Bill & Cora Sibley Wes & Sherry Ratcliff Terri Porter Larry & Julie Delperdang Jody & Gina Sitzmann Ellen Ridley Ethel Recinos Edith Greenstone Ed & Rhea Steck Andrea Rohlena Lou Roach Kevin Hamburger Dr. Robert & Suzan Stewart Larry & Barbara Rousselle Salina Sachau Bob & Paula Jacobsen Cyndi Swingen Rex & Maria Rundquist Kathy Sandoz Dr. Greg & Jeanette Naden Eleanor S. Tilton Bob & Sandy Sabel Aurelia Scott Dwight Packard & Cindy McLaughlin Mary Ann Tordsen Don & Mary K. Schenk Elizabeth “Anne” Smith Skip & Cathy Perley Joe & Diana Twidwell Evamaria Secoske Dr. Richard Steinbach Meredith Treppa Robert & Mary Lee Wise Larry & Pauline Sensenig Shelley Sweeney Tom Redmond & Jan Zelfer-Redmond Bud & Joee Ziebell Manni Steele Kim Treinen Bonnie Storm Judie K. Uhlir CHARTER FAMILY Sharon Thomas Waneta Van Drunen Littel Tim & Leslie Bebee Paul & Patricia Adamson Ronald J. Thompson Gilbert Vaughan Paul & Paula Crandell Jane Anne Allard & Dr. Eric C. Grimm Ron Timmons James Villim Al & Karen Harris-Fernandez Aaron & Annie Althaus Lucinda Tryon Amy Walker Michelle Holmes Michael & Summer Amman Kent & Collene Vriezelaar Tia Williams Vibeke T. Jensen Rena Ballard Michael & Mary Walsh Raleigh Zucker Thomas & Sarah Kleber Frank & Sandi Baron Norman & Cathy Washburn Rosie Kuehne Aaron & Tawnya Becker Theresa Weaver-Basye SENIOR Brenda Meyer Ken Beekley Lewis & Renee Weinberg Gail Ament Emily Mills Janet Beeman Bill & Judy Welu Maria Andersen Mary Sterk Dr. Randall Bergen Gary & Nancy Wenell Kris Bengford Sherm & Susan Wollesen Manny & Mary Bikakis Eric & Abagail Wieling Barbara Bradshaw Dr. & Mrs. Robert Billiar Elizabeth Wilcox Nancy Bricker DONOR Brad & Linda Bornholtz Kathie Wilford James H. Burnett Craig & Sandy Bainbridge Ron & Linda Bowden Nan E. Wilson Katherine Calhoun Dr. Raul Banagale Randy Bradley & La Vone Sopher Angela Yates Bob Clem Dr. Wayne & Joyce Barnes Elise Burrows Eric & Kristina Yezdimer Anne Cowley Mark Bowden & Kathie Petrie Deanna Byington Judith Crane Jack & Janice Bristow Matthew & Christine Cappetta INDIVIDUAL Anne Danielson John & Rebecca Budd Dr. Thomas & Jean Carroll Shayne Adair Thomas & Janice DeWitte Dr. & Mrs. Randall Burnight Jay & Jean Chesterman Joanne K. Alberda Leon Doxtad Jon & Anne Cleghorn Ms. Mary Conley Karmon Amsler Lynn Doxtad Bill & Sue Conner Maryanne Deibert Gene Anderson Ginny Duncan Jack & Phyllis Conner Dennis T Dohrman Connie Anstey Cheryl Girard Tricia Currans-Sheehan & Bob Sheehan Lynn Gross & Glenda Drennen Ms. Bobbi Austin Harry Gray Sheila Brummer & Ed Disterhaupt Bob & Sandy Ellis Arlene Baldes Beverly J. Hinds Cynthia & John Donovan Michael & Carolyn Ellwanger Kathy Beacom Karol Holton Warren Dunkle Charles & Cheryl Eskov Kimberly Belken Ona Iverson Mohamad & Margo Elzeini Brian D Everist Jonny Binkard Ms. Janice Johnson Katherine Erion Emilee Gehling Jim Bisenius Craig R. Johnson II Gary Ford Donor Tom & Carol Geu Liz Blatchford Kathy Lucas Tim & JoAnn Fredrikson Gregory & Rande Giles Jeanne Bockholt Mary Macomber Mike & Katie Gecewich Russell & Gretchen Gondek Judy Boyle Harriett Marsh Jane Gilbert Christopher Graham Nancy Boysen Vivian L Miller John & Di Gray Justin Ream & Flory Graham Marti Calhoun Ms. Kris Mueller Daniel & Gyna Greenwell Roger & Linda Gunn Gayle Canterbury Marjorie Ness Dan & Sally Hartley David & Lorna Halaas John Carter Michael Oliver Stewart & Mary Ellen Hartman Dr. James Hartje Deb Copple Debra & David Ouellette Marv & Karen Heidman Dr. Susan Hatfield Linda Cron Patricia Probasco Chris & Margaret Holman Sandra Henery JoAnn Dandurand Carol Ratcliff Ann Holtz Jennifer Hildman Deana DeVries Sally Reinert Julie Hoss Patrick & Denise Honner Jeanne Emmons Steve & Susie Rodriguez Chris Jensen & Beth Harms Todd & Karrie Hruska Pam Ericson Elaine M. Seubert Charles A. Johnson & Donna Popp Mark & Kay Jensen Rudy Folkerts Sue Siedschlag Karen Kandik Diana Jimenez Brandon Freese Mary Jo Smith Charlotte Kock Larry & Margee Joines Abigail Gaffey Ann Trudo Dan & Mary Jo Kvidera Les & Shirley Juon Jay Gelfand Lynne Wetzel Ritch & Kathy LeGrand Paul & Suzi Kaiman Bob Gillespie Liewer Family Lisseth Kefgen Janet Goodrich STUDENT Mary A Lonergan Clayton & Janice Kooiker Ashlynn Grimsley Sylvia Cunningham Debra Marqusee Gordon & Jane Krogh Sarah Gross Feltes Hanna Frekot Stee L. & Barb Maxwell Mardi Kvidera Ann Holtz Ken & Debbie McCalla Richard Levich & Candace Chase Sheryl Horsley Paul & Mary Ellen McGuirk William & Jane Lieb Wanda Jackson Bold – New memberships Charles & Rebecca McKenny Lindsey Luck Chuck Jenkins Italics – Upgraded memberships Jane Meginnis Bob & Sheri Lund Jeanette Johnson Benny & Jennifer Melton Jayne McCarthy Becky Jones Please contact the Sioux City Art Center Benny & Jennifer Melton Alan & Terri McGaffin Sandra L. Kangal for any omissions or misspelled names. ARTFUL APPRECIATION FY July 1, 2019 – June 30, 2020

Artilicious Underwriting PLaN Architecture Robert W Baird & Co. Quarterly Calendar Sport Clips Mark Stuck Security National Bank Sterk Financial Services Gail Bivens-Rose Trattoria Fresco Art Center’s ArtSplash 2019 Uptown Rentals Annual Fund Zomer Camper Rentals Kenneth Ackerman Presenting Sponsor Ross Bacon Tyson Foods, Inc. Artists’ Dinner Jack & Janice Bristow Lewis and Renee Weinberg Gregory & Rande Giles Naming Sponsors Eileen Helvig City of Sioux City 2019 Community Donors Irving Jensen C.W. Suter Services Kenneth Ackerman Flora M. Lee Central Bank Dr. Raul Banagale Stee Maxwell Great Southern Bank Sandi & Frank Baron Jane B. Meginnis Foundation State Steel Jack & Janice Bristow Shannon Sargent MidAmerican Energy Mike & Linda Cadwell SuBSurfco, L.L.C. Chuck & Marti Calhoun Siouxland Big Give Weinberg Investments Jon & Anne Cleghorn Todd Behrens Woodhouse Warren Dunkle Cynthia Donovan Short Staffed, Inc. Carlene Gehrts Rebecca Meyer Edith Greenstone Jeanette Naden Media Sponsors Daniel & Sally Hartley Scott & Cyndy Patten iHeart Radio Pat & Denise Honner Garret Smith KCAU 9 Charlotte Kock Brendan Todt KES Productions Gordon & Jane Krogh Joe Twidwell Kjeldseth Design Rosie Kuehne Erin Webber-Dreeszen KMEG - KPTH Fox 44 Shawn McCoy KTIV/CW Greg & Jeanette Naden Endowment Powell Broadcasting Dr. Sharon & Donna Ocker Aalfs Family Foundation Sioux City Journal Scott & Cyndy Patten Siouxland Public Media- KWIT KOJI FM90 Michael & Helena Potash Memorials, Gifts, In-Kind, Underwriting Khalid & Terrie Rasheed Masterpiece Fern Rocklin Margaret Breyfogel Freed Bomgaars Henry & Ann Royer Donated by the family of Margaret Breyfogel Freed Chesterman Co. Caroline O’Kane Sands in memory of her love of the arts FASTFRAME Joni Todd FiberComm Mary Ann Tordsen Tom Hauptmann Holiday Inn Downtown Erin Webber-Dreeszen Jan Lenz K & K Mobile Storage Mary Webber John Potash Lindblom Services Verna Welte Mike & Helena Potash Security National Bank Sioux City Foundry 2019 ArtSplash Steering Committee Ella Holtzen Stan Houston Equipment Holli-Jo Brown Thompson Electric Visual Artists Ryan Baller In Honor of Al Harris-Fernandez Work of Art Gretchen Baller Jeff Baldus Absolute Screen Art Connie Sunderman Artisan Press General Operating Donation Avery Brothers Entertainment Alpha Delta Kappa CF Industries John Potash Jack & Janice Bristow Fareway Matthew & Christine Cappetta Gill Hauling Food Vendors Candace J. Chase & Richard M. Levich Great West Casualty Company Chris Erickson Crary Huff Attorneys at Law Hy-Vee Food Stores Christopher Jones Sam’s Club Marketing Dr. JK Roach Sapp Bros. Ellen Shaner Robert & Karen Scott UnityPoint Health - St. Luke’s Sharon Thomas Wilson Trailer Information Brendan Todt Lynne Baller UnitedHealth Group Sketch Helena Potash Mark & Tina Wright CMBA Architects City of Sioux City Convention Center Treasurers & Wristbands Education City of Sioux City Department of Lisa Krom Rosemary Kuehne Parks and Recreation Linda Lees Global Foods Processing, Inc. Austin Rodriguez Docents Klinger Companies Marilyn Arends Meier Towing Artist & Volunteer Hospitality John Carter Office Systems Company Lisa Hopkins Margo Chesebro Premier Bankcard Ellen Shaner Brian Damon Tyson Event Center JoAnn Dandurand Volunteer Coordination JoAnn Sadler Study Becca Lenz Sue Siedschlag Bluff Creek Golf Cars Da Kao Logistics Education In-Kind Diamond Thai Cuisine Summer Amman Junior League Ear, Nose, & Throat Consultants Bargain Center Heidman Law Firm Knoepfler Chevrolet The Junior League Hands! On Gallery L & L Builders Karen & Rusty Clark, Thorpe & Co. Jewellers La Juanita Taqueria Great Western Bank Perkins Family Restaurants US Bank Pickerman’s

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: December 14, 2020 ACTION ITEM # 9 FROM: Jeff Hanson, Community Development Operations Manager (SW)

Resolution inviting proposals for the sale of land in the Combined Central Sioux City -CBD Urban Renewal Area, announcing the intent to accept the SUBJECT: proposal of CAL Ventures LLC, fixing the date for receipt of proposals, and for public hearing and providing for notice thereof. (the north one-half of the vacated east/west alley abutting 615 Water Street)

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests Council approve the proposed resolution.

DISCUSSION: On the agenda for Monday is a resolution proposing to sell the north one-half of the vacated east/west alley abutting 615 Water Street to CAL Ventures LLC. This portion of alley was vacated by Ordinance No. 2020-0856 on November 9, 2020. CAL Ventures LLC owns the abutting property and would like to add the vacated right of way to the property that they own. This is in the Combined Central Sioux City - CBD Urban Renewal Area.

The resolution on Monday’s agenda schedules a public hearing for January 25, 2021 for the issuance of a city deed.

FINANCIAL IMPACT: The amount of $6,640.00 will be received at time of closing.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility - Infrastructure Focus Area – Expand Development Opportunities and Grow Sioux City

ALTERNATIVES: Do not approve the resolution

ATTACHMENTS: Proposed Resolution Offer to Purchase Public Notice Aerial

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION INVITING PROPOSALS FOR THE SALE OF LAND IN THE COMBINED CENTRAL SIOUX CITY -CBD URBAN RENEWAL AREA, ANNOUNCING THE INTENT TO ACCEPT THE PROPOSAL OF CAL VENTURES LLC, FIXING THE DATE FOR RECEIPT OF PROPOSALS, AND FOR PUBLIC HEARING AND PROVIDING FOR NOTICE THEREOF. (THE NORTH ONE-HALF OF THE VACATED EAST/WEST ALLEY ABUTTING 615 WATER STREET)

WHEREAS, in furtherance of the objectives of Chapter 403 of the Code of Iowa, the City of Sioux City, Iowa, has undertaken a program of redevelopment of blighted areas and economic development in the City, and in this connection, has instituted the Combined Central Sioux City - CBD Urban Renewal Area; and

WHEREAS, CAL Ventures LLC has submitted to the City a proposal to purchase a portion of the project area described as follows:

The north one-half of the vacated east/west alley abutting Lots 9 and 10, including the vacated intersection with the vacated north/south alley, all in Block 89, Sioux City East Addition to Sioux City, Woodbury County, Iowa. (Contains 1,328 square feet more or less); a copy of which proposal is attached hereto and on file in the office of the City Clerk; and

WHEREAS, said property was vacated pursuant to Ordinance No. 2020-0856 passed and approved November 9, 2020; and

WHEREAS, Section 403.8 of the Code of Iowa authorizes the City to invite proposals from and make available all pertinent information to all parties interested in obtaining property in an urban renewal area under such reasonable competitive bidding procedures as it shall prescribe; and

WHEREAS, the City Council believes that it is in the public interest to sell said property and that proposals for the purchase be sought from parties who had not expressed their interest prior to this offering; and

WHEREAS, the City wishes to announce its intent to accept the proposal of CAL Ventures LLC in the absence of any more favorable offer in response to the invitation made herein; and

WHEREAS, further information should be made available to any other interested parties; and

WHEREAS, any additional proposals should be submitted to the Real Estate Office, Room 304, City Hall, 405 Sixth Street, Sioux City, Iowa, by 1:00 p.m., local time, January 25, 2021; and

WHEREAS, a Notice of Invitation for Proposals and of Intention to Accept Proposal, and of a Public Hearing, a copy of which is attached hereto and by this reference incorporated herein, should be approved as to form and content and its publication authorized and directed.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the Public Notice attached hereto is hereby approved as to form and content and its publication is hereby authorized and directed.

BE IT FURTHER RESOLVED that the City hereby announces and fixes a public hearing on said proposal on January 25, 2021, at the regularly scheduled council meeting and fixes the date of January 25, 2021 at 1:00 p.m., local time, as the last day upon which proposals can be received by the City.

PASSED AND APPROVED: December 14, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

U:\City Legal\Secure\Resolutions\Res2020\Com Dev\Urban Renewal Sale 1 (CAL Ventures - N 1-2 Of Vac E-W Alley Adj 615 Water St.).Docx

PUBLIC NOTICE OF INVITATION FOR PROPOSALS AND OF INTENT TO ACCEPT PROPOSAL AND OF PUBLIC HEARING

NOTICE is hereby given that there is now on file in the office of the City Clerk located at the Customer Service Center on First Floor of City Hall, 405 6th Street, Sioux City, Iowa, a resolution under and by virtue of which the City of Sioux City, Iowa, invites proposals for the purchase of certain land in the Combined Central Sioux City -CBD Urban Renewal Area; and under and by virtue of which the City has expressed an intent to accept the proposal as submitted by CAL Ventures LLC, a copy of which is on file in the office of the City Clerk. Said Invitation for Proposals and said proposal concerns the following described real property:

Full information as to the form and content of bid documents, requirements to be met by bidders, and as to bidding procedures is available at the Real Estate Office, Room 304, City Hall, 405 Sixth Street, Sioux City, Iowa.

Any person interested in purchasing said real estate should submit a completed proposal to the Real Estate Office, Room 304, City Hall, 405 Sixth Street, Sioux City, Iowa no later than 1:00 p.m., local time, on January 25, 2021.

The right is reserved by the City to accept or reject any or all proposals, and to waive formalities in any procedures set forth herein. Documents to be completed may be obtained from the Real Estate Office without charge.

A public hearing will be held concerning any qualified proposals received and concerning the acceptance of the proposal as submitted by CAL Ventures LLC for the purchase of said property. Said public hearing will be at the regularly scheduled city council meeting in the Council Chambers, Room 504, City Hall, 405 Sixth Street, Sioux City, Iowa, on January 25, 2021, at 4:00 p.m., local time, or as soon thereafter as the matter can be reached for hearing.

Published by order of the City Council of Sioux City, Iowa.

CITY OF SIOUX CITY, IOWA

/s/ LISA L. MCCARDLE CITY CLERK

Published in the Sioux City Journal December 19, 2020

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: December 14, 2020 ACTION ITEM # 10A Gordon Phair, City Engineer FROM: Katie Eickholt, Civil Engineer

Resolution approving Amendment No. 1 to the Service Provider Agreement with Certified Testing Services, Inc. for additional construction materials SUBJECT: testing services in connection with the Pierce Street Reconstruction (18th Street to 24th Street) Project in an amount not to exceed $8,000.00 (Project No. 6985-719-287).

Department Finance De- City City Man- Reviewed By: x x x x Director partment Attorney ager

RECOMMENDATION: Staff respectfully requests Council approve Amendment No. 1 to the Service Provider Agree- ment with Certified Testing Services, Inc. for additional construction materials testing services in connection with the Pierce Street Reconstruction (18th Street to 24th Street) Project in an amount not to exceed $8,000.00 (Project No. 6985-719-287).

DISCUSSION: The City awarded a Service Provider Agreement to Certified Testing Services, Inc. in an amount not to exceed $24,000 on June 5, 2019. This agreement included construction materials testing services for the Pierce Street Reconstruction (18th Street to 24th Street) Project. Amendment No. 1 will add $8,000 to cover additional construction materials testing needed to complete the project. The total agreement, including Change Order No. 1, is not to exceed $32,000.00.

FINANCIAL IMPACT: This project is funded using a transfer in water and sewer funds, in-sales tax infrastructure, and general obligation bonds under CIP 719-286 Pierce Street Reconstruction, 18th Street to 24th Street. The project currently has a balance of -$2,944.63

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Infrastructure Focus Area – Grow Sioux City

ALTERNATIVES: There are no alternatives. The scope of the work has not changed.

ATTACHMENTS: Resolution Amendment No. 1

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION APPROVING AMENDMENT NO. 1 TO THE SERVICE PROVID- ER AGREEMENT WITH CERTIFIED TESTING SERVICES, INC. FOR ADDI- TIONAL CONSTRUCTION MATERIALS TESTING SERVICES IN CONNEC- TION WITH THE PIERCE STREET RECONSTRUCTION (18TH STREET TO 24TH STREET) PROJECT IN AN AMOUNT NOT TO EXCEED $8,000.00 (PRO- JECT NO. 6985-719-287).

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that Amendment No. 1 to the Service Provider Agreement, a copy of which is attached hereto and by this reference made a part hereof, with Certified Testing Services of Sioux City, Iowa in an amount not to exceed $8,000.00 for additional construction testing services in connection with the Pierce Street Reconstruction (18th Street to 24th Street) Project, be and the same is hereby approved.

BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized and directed to execute said Amendment No. 1 for and on behalf of the City.

PASSED AND APPROVED: December 14, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: December 14, 2020 ACTION ITEM # 10B Gordon Phair, City Engineer FROM: Justin Pottorff, Senior Civil Engineer

Resolution approving Amendment No. 3 to the Consulting Services Agreement with JEO Consulting Group, Inc. for additional construction in- SUBJECT: spection and administration in connection with the Military Road Recon- struction and Bridge Rehabilitation Project (Project No. 6755-719-354) in an amount not to exceed $58,000.00.

Department Finance De- City City Man- Reviewed By: x x x x Director partment Attorney ager

RECOMMENDATION: Staff respectfully requests Council approve the resolution approving Amendment No. 3 to the Consulting Services Agreement with JEO Consulting Group, Inc. for additional construction inspection and administration in connection with the Military Road Reconstruction and Bridge Rehabilitation Project (Project No. 6755-719-354) in an amount not to exceed $58,000.00.

DISCUSSION: City Council approved a Consulting Services Agreement in an amount not to exceed $821,043.00 with JEO Consulting Group, Inc. on November 7, 2016 under Resolution No. 2016-0918. This agreement included engineering design and surveying services to develop plans and specifications for the reconstruction of Military Road from Riverside Boulevard (including the intersection) to the Big Sioux River and the rehabilitation of the Military Road Bridge over the Big Sioux River.

The City Council previously approved Amendment No. 1 on September 18, 2017 in the amount of $25,091.00 under Resolution No. 2017-0878. This amendment included additional easement plats for roadway reconstruction, additional design efforts for the North Sioux City Force Main and an additional public meeting with North Sioux City Businesses.

The City Council previously approved Amendment No. 2 on January 8, 2018 in the amount of $11,375.00 under Resolution No. 2018-0014. This amendment included additional electrical design work necessary to add outlets to the street lights at the request of the Riverside Neighborhood PAC to allow lighted holiday decorations to be hung.

This Amendment is for additional funds for construction inspection and administration for the Military Road Reconstruction and Bridge Rehabilitation Project. This project included the replacement of the bridge deck on the Military Road Bridge, the reconstruction of Military Road from River Drive to Riverside Boulevard which will include new paving, sidewalks, driveways, street lights, water mains, sanitary sewers, storm sewers, and service connections.

The original agreement with JEO Consulting Group included Construction Engineering costs of $214,408.00. The original project had two phases consisting of a critical closure of 150 calendar days for the bridge and 70 working days for the roadway portion. The current agreement including Amendments No. 1 and No. 2 is 12.6% of the project construction costs.

Construction on the project has been completed and JEO Consulting Group, Inc. will continue to provide the City with construction administration to complete the IDOT project audit. The project schedule included an additional 28 working days beyond the original 70 working days allotted in the contract. Twenty-two (22) working days were added to the contract via change orders. Six (6) liquidated damage days were charged in addition to the days added to the contract via change order. Additional inspection and administrative work was also required on this project due to the surface defects found on the steel girders and the testing required to determine that the defects were superficial and not structurally significant on the Military Road Bridge.

The total JEO Consulting Group, Inc. Consulting Services Agreement including Amendment Nos. 1, 2, and 3, is not to exceed $915,509.00. The total construction cost for the project is $6,826,414.00. If Amendment No. 3 is approved and the full amount is expended, the Engi- neering costs would be 13.4% of the project construction cost.

FINANCIAL IMPACT: The rehabilitation of the Military Road Bridge over the Big Sioux River and the reconstruction of the roadway has multiple funding sources.

The rehabilitation of the Military Road Bridge has been programmed for local funds in the amount of $1,950,000.00 in FY 2017 CIP 719-138 Annual Bridge Repairs which is funded through a transfer in sales tax infrastructure, general obligation bonds. Additional funds have been added to this account by the Iowa Department of Transportation Highway Bridge Pro- gram up to 80 percent of eligible costs to a total of $1,000,000, whichever is less. The total bridge funding is in the amount of $2,950,000.

The reconstruction of Military Road from the bridge to Riverside Boulevard has been programmed for local funds in the amount of $1,425,000 in FY 2018 CIP 719-133 Annual Infra- structure Reconstruction which is funded through a transfer in sales tax infrastructure, water and sewer funds, general obligation bonds. Additional funds have been added to this by the Iowa of Department Transportation Surface Transportation Program up to 80 percent of eligible costs to a total of $1,325,000, whichever is less. The total roadway reconstruction funding is in the amount of $2,750,000.

Streetscape elements with this project were programmed in the total amount of $100,000 in CIP 879-019 Riverside Boulevard and Military Road District Plan which are funded through general obligation bonds.

Staff has worked with the City of North Sioux City, South Dakota on the 28E Agreement approved by Council on December 17, 2018 under Resolution 2018-1017 outlining the various participation responsibilities for the construction project.

The joint transfer agreement was approved by Council on December 17, 2018 under Resolu- tion 2018-1016 for the additional funding from the City of North Sioux City, South Dakota. North Sioux City, South Dakota will contribute $1,878,000.00 to the project based on the engineer’s estimated quantities. Final contributions based on unit bid prices and actual field measured quantities are $1,688,988.80.

FUNDING SOURCES AMOUNT FY17 Transfer from CIP 719138 (Annual Bridge Repairs) $1,950,000.00 IDOT Federal Bridge Funds $1,000,000.00 FY18 CIP 719133 Annual Infrastructure Reconstruction $1,425,000.00 IDOT STP Funds $1,325,000.00 Transfers from CIP 879019 (Riverside Blvd, Military Road District Plan) FY18/19 $100,000.00 SD DOT $1,688,988.80 Proposed Transfer from CIP 719133 (Annual Infrastructure Reconstruction) FY20 $150,000.00 TOTAL $7,638,988.80

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Infrastructure Focus Area – Grow Sioux City

ALTERNATIVES: Deny this agreement which staff does not recommend.

ATTACHMENTS: Resolution Amendment No. 3

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION APPROVING AMENDMENT NO. 3 TO THE CONSULTING SERVICES AGREEMENT WITH JEO CONSULTING GROUP, INC. FOR ADDI- TIONAL CONSTRUCTION INSPECTION AND ADMINISTRATION IN CON- NECTION WITH THE MILITARY ROAD RECONSTRUCTION AND BRIDGE REHABILITATION PROJECT (PROJECT NO. 6755-719-354) IN AN AMOUNT NOT TO EXCEED $58,000.00.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that Amendment No. 3 to the Consulting Services Agreement, a copy of which is attached hereto and by this reference made a part hereof, with JEO Consulting Group, Inc. of South Sioux City, Nebraska, in an amount not to exceed $58,000 for construction inspection and administration in connection with the Military Road Reconstruction and Bridge Rehabilitation Project, be and the same is hereby approved.

BE IT FURTHER RESOLVED that the City Manager be and he is hereby authorized and directed to execute said Amendment No. 3 for and on behalf of the City.

PASSED AND APPROVED: December 14, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: December 14, 2020 ACTION ITEM # 10C Jill M. Wanderscheid, Neighborhood Services Manager FROM: Spero Vlahoulis, Purchasing Manager

Resolution awarding a Service Provider Agreement to Gardner Tree Ser- SUBJECT: vice LLC of Sioux City, Iowa in an amount not to exceed $68,000.00 for the Lyons Park Tree Clearing Project (RFB#264132).

Department Finance City City Reviewed By: x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests the City Council approve a Service Provider Agreement to Gardner Tree Service of Sioux City, Iowa in an amount not to exceed $68,000.00 for the Lyons Park Tree Clearing Project (RFB#264132).

DISCUSSION: As discussed previously, work is beginning in the new Lyons Park Investment Area (formally called the Jones Street and Rose Hill Urban Renewal Areas). This Area consists of approxi- mately 45 city blocks and is bounded by Hamilton Boulevard, Myrtle Street, W. 4th Street, Allan Street, W. 2nd Street, S. Leonard Street and Zenith Drive. Activities such as housing rehabilitation, infrastructure improvements, and park improvements will take place over the next several years. In order to be prepared for future public infrastructure projects, overgrown, dead, and dying trees within the public right-of-way need to be addressed. The entire Lyons Park Invest- ment Area was walked and all trees were photographed and logged by species, diameter, and health by City staff. An employee with the Field Services Division who has a Bachelor’s degree in Forestry with previous experience working for Iowa DNR, Iowa State Forestry Extension, and US Forest Service identified the species and health of each tree (over 300 trees in the area). Trees that hung in the street below 14 feet, hung in the sidewalk below 10 feet, and / or inter- fered with powerlines were selected for trimming. Trees that are culled out for removal are either dead or are in very poor health. A total of 102 trees are proposed to be trimmed and 50 trees are proposed to be removed. Adjacent property owners were then notified and given an opportunity to express concerns. City staff talked to the apparent low bidder to reiterate that the trimmings and removals are to be minimal in nature; the overall look of the neighborhood shall not be negatively impacted.

Invitations to bid were sent to ten (10) vendors able to provide tree removal services. One (1) bid was received from Gardner Tree Service LLC of Sioux City for $68,000.00. City staff contacted six (6) other vendors that have recently bid on tree trimming / removal contracts and asked why they did not bid. One (1) vendor thought the due date was two (2) days later and had a bid prepared. In addition, two (2) said they were too busy, one (1) said they were not

interested, one (1) stated their equipment was broken, and one (1) stated that they did not think their bid would be competitive.

City staff would like City Council to note that the vendor’s Certificate of Insurance states that Products Completed Operations Aggregate Limit is $1,000,000 rather than $2,000,000 as required by the General Conditions and that the vendor did not obtain the $2,000,000 Umbrella as required by the General Conditions.

FINANCIAL IMPACT: Funds will be available from the FY 2021 budget in account #250-7901-473.22-38, Community Development, Capital Improvement, Repair and Improvements, Project 719-295 Lyons Park Investment Project, which has a current available balance of $703,100. This is 100% funded with federal Community Development Block Grant (CDBG) funding.

RELATIONSHIP TO STRATEGIC PLAN: Grow Sioux City Aggressively revitalize, promote, and embrace our diverse neighborhoods.

ALTERNATIVES: Reject the bid.

ATTACHMENTS: Resolution Service Provider Agreement Performance Bond

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION AWARDING A SERVICE PROVIDER AGREEMENT TO GARD- NER TREE SERVICE LLC OF SIOUX CITY, IOWA IN AN AMOUNT NOT TO EXCEED $68,000.00 FOR THE LYONS PARK TREE CLEARING PROJECT (RFB#264132).

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that a Ser- vice Provider Agreement, a copy of which is attached hereto and by this reference made a part hereof, be awarded to Gardner Tree Service LLC of Sioux City, Iowa in an amount not to exceed $68,000.00 for the Lyons Park Tree Clearing Project.

BE IT FURTHER RESOLVED, that the City Manager and City Clerk be and they are hereby authorized and directed to execute said Service Provider Agreement for and on behalf of the City.

PASSED AND APPROVED: December 14, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

CITY'S SERVICE PROVIDER AGREEMENT

THIS AGREEMENT made on by and between the City of Sioux City, Iowa, a municipal corporation, (hereinafter referred to as "City"), and Gardner Tree Service LLC of Sioux City, Iowa (hereinafter referred to as Service Provider").

WITNESSETH: That whereas the City intends to retain the Service Provider to perform certain services for the City (hereinafter referred to as the "Services").

NOW, THEREFORE, the City and Service Provider for the consideration hereinafter set forth agree as follows:

1 The Service Provider shall provide the Services in accordance with this Agreement and the terms and general conditions of the City's Service Provider Agreement, which is attached hereto and hereby made a part of this Agreement.

2. The Services are described as follows:

RFB #264132: Lyons Park Tree Clearing Project. Cost shall not exceed $68,000. Project shall be completed by March 31, 2021.

NOW, THEREFORE, THIS AGREEMENT WITNESSETH, that for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed that the Service Provider shall furnish Services and the City shall make payment for same in accordance with the Agreement.

IN WITNESS WHEREOF the parties hereto have made and executed this Agreement the day and year first above written.

City of Sioux City Iowa Movid

By: By: Robert K. Padmore, City Manager ,?>40/1 SC Gil 7-V [Print Name]

Title:

Attest: Attest:

By: By: Lisa L. McCardle, City Clerk

[Print Name]

Title: GENERAL CONDITIONS OF CITY'S SERVICE PROVIDER AGREEMENT

SECTION 1 SERVICE PROVIDER'S SERVICES

1.1. SERVICE PROVIDER'S SERVICES

1.1.1 The Service Provider's services consist only of those Services performed by the Service Provider, Service Provider's employees and Service Provider's Service Providers as enumerated in Exhibit "A" of this Agreement (hereinafter, "Services".)

1.1.2 Service Provider will assign qualified and experienced personnel to perform the Services. Where Exhibit "A" identifies specific Service Provider personnel, these individuals will remain assigned to provide the Services throughout the term of this Agreement, in accordance with their roles and responsibilities identified in Exhibit "A," unless otherwise approved in writing by the City. However, if the City objects to the manner of performance of any Service Provider personnel (including any third party contractors or agents of Service Provider), Service Provider will promptly take all necessary actions to rectify the objection, including, if requested by the City, the prompt removal of the individual from the provision of Services to the City. If it becomes necessary to replace any personnel, Service Provider will provide as a replacement a person with equivalent or better qualifications, as approved by the City (such approval not to be unreasonably withheld).

1.1.3. Service Provider warrants to City that Service Provider has sufficient experience and financial resources to complete the Services required by this Agreement.

1.1.4. Service Provider will perform the Services in a timely manner and in accordance with any schedule set forth in Exhibit "A." The parties agree that time is of the essence with respect to Service Provider's performance.

1.1.5. Service Provider warrants that it will perform the Services in a diligent and highly professional manner, in accordance with applicable law and through experienced individuals trained to perform the Services. Service Provider will obtain all required governmental and third-party licenses, approvals and permits appropriate for the provision of Services and deliverables.

1.1.6. Service Provider warrants that all deliverables will be developed in accordance with the quality standards of the applicable industry, and will meet in all respects the requirements set forth in Exhibit "A." Service Provider further warrants that the Services and deliverables will not infringe or misappropriate the rights of any third party, and that the Service Provider has all power and authority to convey ownership of the Services and deliverables to City in accordance with this Agreement.

1.1.7. City will have a reasonable opportunity (not to exceed thirty (30) days, unless otherwise specified in Exhibit "A" to review all deliverables or Services provided to the City under this Agreement. If the City informs Service Provider of a deficiency in the deliverables or Services, Service Provider will promptly make corrections and resubmit them to the City for review and approval. Service Provider will not charge the City for the time and expense in making corrections to deliverables that fail to comply with the requirements of this Agreement. If Service Provider is not able to timely make all appropriate corrections, the Service Provider will promptly refund any amounts previously paid by the City for work not performed in accordance with this Agreement. Nothing in this clause 1.1.5. will excuse Service Provider from meeting any delivery or project schedule set forth in Exhibit "A." 1.2. ADDITIONAL SERVICES.

1.2.1. Service requested by the City which is not described on Exhibit "A" as part of the Service Provider's services shall be considered as additional services of the Service Provider for which Service Provider may request additional compensation to be paid. The Service Provider shall not perform additional services requiring additional compensation without a written order to do so signed by the Project Manager which contains a mutually agreeable amount of additional compensation for the work. Any work performed by the Service Provider for which a written order with a stated amount of compensation has not been issued shall be conclusively presumed to be part of the Service Provider's Services as set forth in Exhibit "A".

1.2.2. If Exhibit "A" contains provisions for contingent basic services, such services shall not be performed without a written order to perform the work signed by the Project Manager.

SECTION 2 CITY'S RESPONSIBILITIES

2.1. The City shall provide full information regarding requirements for the Services, including a program which shall set forth the City's objectives, schedule, constraints and criteria, including any special requirements, any previous reports or data relative to the Services, flexibility, and expendability of the Services. The City may request the assistance of the Service Provider to define the scope of information needed.

2.2. The City shall establish and update an overall budget for the Services, and the City's other costs and reasonable contingencies related to all of these costs. The City may request the assistance of the Service Provider to estimate Service costs.

2.3. The City shall designate a city representative as the "Project Manager" authorized to act on the City's behalf with respect to the Services. The City or such authorized city representative shall render decisions and inform the Service Provider of the same in a timely manner pertaining to questions or documents submitted by the Service Provider in order to avoid unreasonable delay in the orderly and sequential progress of the Service Provider's Services.

2.4. City may require and Service Provider shall execute, as part of its Services hereunder, any certificates or certifications customarily, commonly, or reasonably required by services of this type. The proposed language of any certificates or certifications requested of the Service Provider or Service Provider's Service Providers shall be submitted to the Service Provider for review and approval at least 14 days prior to execution. The City shall not request certifications beyond the scope of Service Provider's Services under this Agreement.

2.5 Notwithstanding anything to the contrary in this Article 2, the City shall be required to furnish information or services described in this Article 2 only to the extent that such information or service is both reasonably required and actually requested by Service Provider in order to perform Service Provider's Services under this Agreement.

SECTION 3 OWNERSHIP AND USE OF DOCUMENTS

3.1. All deliverables to be provided under this Agreement, and any invention, improvement, discovery, or innovation (whether or not patentable) made, conceived or actually reduced to practice by Service Provider in the performance of Services hereunder (collectively, "Work Product") will be owned exclusively by the City, including all proprietary and

2 intellectual property rights therein. To the extent not automatically vested in the City, Service Provider hereby assigns to the City all right, title and interest in and to the Work Product, including, without limitation, copyright, patent and trade secret rights. Upon the City's request, Service Provider will execute any additional documents necessary for the City to perfect its ownership rights.

3.2 Notwithstanding the foregoing, Service Provider will retain ownership of it pre-existing and proprietary materials and other intellectual property that may be incorporated into the Work Product.

3.3. Copies of City furnished data that may be relied upon by Service Provider are limited to the printed copies (also known as hard copies) that are delivered to the Service Provider. Files in electronic media format of text, data, graphics, or of other types that are furnished by City to Service Provider are only for convenience of Service Provider. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk.

SECTION 4 SERVICE PROVIDER'S CLAIMS AND ARBITRATION

4.1. If any instruction or decision by the Project Manager gives rise to a claim by the Service Provider for additional compensation or time to complete the Services, such claim shall be made in writing to the Project Manager. The claim shall state the amount of additional compensation or time requested and the reasons for the claim. The claim must be filed within ten days of the decision or instruction by the Project Manager giving rise to the claim or it shall be deemed waived by the Service Provider and shall not be subject to any arbitration or litigation.

4.2. In the case of a claim made by the Service Provider, the Project Manager shall confer with Service Provider for the purpose of resolving the claim by mutual agreement. If the parties are able to agree, the Project Manager shall reduce the agreement to writing and it must be signed by both parties to be effective. If the parties are unable to agree the Project Manager shall render a decision in writing. The Project Manager shall make their decision and provide a copy thereof to the Service Provider within ten days of the filing of the claim.

4.3. The decision of the Project Manager shall be final and binding upon the Service Provider unless the Service Provider appeals the decision of the Project Manager to the City Council. Such appeal shall be taken within seven days from the Project Manager's decision by filing with the City Clerk a request for review of the Project Manager's decision and full statement of the facts surrounding the claim and the amount of the claim. The City Council shall fix a date, time and place to hear the matter, which date shall be not less than eleven days from receipt of the request for review. If the matter is not heard within eleven days or a decision not rendered by the City Council within seven days of the hearing, the claim shall automatically be deemed denied by the City Council.

4.4. The decision of the City Council shall be final and binding upon the Service Provider unless within one month from the date of the decision of the City Council or such additional time as the City may agree upon, the City and the Service Provider agree in writing to arbitration or the Service Provider files suit in Woodbury County, Iowa District Court in Sioux City, Iowa.

4.5. All time limits herein may be extended or shortened by agreement between the City and the Service Provider.

3 4.6 Any other dispute not involving additional compensation or time to complete the Project shall be brought to the attention of the City or the Service Provider in writing as soon as the party becomes aware a dispute exists. The Project Manager shall confer with the Service Provider for the purpose of resolving the dispute by mutual agreement. If the parties are able to agree, the Project Manager shall reduce the agreement to writing and it must be signed by both parties to be effective. If the parties are unable to agree, the Project Manager shall render a decision in writing. The Project Manager shall make the decision and provide a copy thereof to the Service Provider within ten days of the presentation of the dispute. Thereafter, the provisions of paragraphs 4.3 and 4.4. shall apply.

4.7. All claims, disputes and other matters in question between the City and the Service Provider, arising out of or relating to this Agreement or the breach thereof, may be decided by mediation or arbitration, only if the City and the Service Provider can mutually agree in writing upon the time, places, mediators or arbitrators, and various rules of mediation or arbitration conduct, any other paragraph, law or rule to the contrary notwithstanding.

SECTION 5 TERMINATION, SUSPENSION OR ABANDONMENT

5.1. This Agreement may be terminated by either party upon not less than seven days' written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination.

5.2. If the Services are suspended by the City for more than 30 consecutive days, the Service Provider shall be compensated for Services performed prior to notice of such suspension. When the Services are resumed, the Service Provider's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Service Provider's services.

5.3. This Agreement may be terminated by the City upon not less than seven days' written notice to the Service Provider in the event that the Project is permanently abandoned. If the Project is abandoned by the City for more than 90 consecutive days, the Service Provider may terminate this Agreement by giving written notice.

5.4. Failure of the City to make payments to the Service Provider in accordance with this Agreement shall be considered substantial nonperformance and cause for termination.

5.5. This Agreement may also be terminated by the City upon seven days written notice, without regard to any fault or failure to perform by any party, and solely for the City's convenience. In the event of such termination, the Service Provider shall be paid compensation in the same manner as set out in paragraph 5.7, and City shall have no further liability for compensation expenses, or fees to Service Provider hereunder except as set out under paragraph 5.8.

5.6. If the City fails to make payment when due the Service Provider for Services, the Service Provider may, upon seven days' written notice to the City, suspend performance of Services under this Agreement. Unless payment in full is received by the Service Provider within seven days of the date of the notice, the suspension shall take effect without further notice. In the event of a suspension of Services, the Service Provider shall have no liability to the City for delay or damage caused the City because of such suspension of Services.

4 5.7. In the event of termination not the fault of the Service Provider, the Service Provider shall be compensated for Services performed prior to termination, together with reimbursable expenses incurred and due and termination expenses.

5.8. In the event of any termination under this Article 5, the Service Provider consents to City's selection of another Service Provider of City's choice to assist the City in any way in completing the Project. Service Provider further agrees to cooperate and provide any information requested by City in connection with the completion of the Project. Any services provided by Service Provider which are requested by City after termination shall be fairly compensated by City.

5.9. In the event of termination due to the failure of the Service Provider to abide by the provisions of this agreement, the City may at its option:

5.9.1 Compensate the Service Provider for all Services satisfactorily performed prior to date of termination plus all reimbursable expenses directly associated therewith, and proceed with the Project utilizing the services of other Service Providers, reserving unto itself the right to seek from the Service Provider any damages it may be lawfully entitled to receive.

5.10. In the event of termination, regardless of cause, the Service Provider shall deliver to the City all documents as specified in Paragraph 3.1 for which the City has compensated the Service Provider.

5.11. Termination expenses are in addition to compensation for Services, and include expenses which are directly attributable to termination. Termination expenses shall be actual out-of- pocket costs or expenses incurred by Service Provider as a result of termination not the Service Provider's fault.

SECTION 6 MISCELLANEOUS PROVISIONS

6.1. This Agreement shall be governed by the laws of the State of Iowa.

6.2. The Woodbury County, Iowa, District Court shall have jurisdiction over any litigation between the City and Service Provider over any matter arising out of this Agreement.

6.3. This is a contract for services. Therefore, City shall not be bound to the successors, executors, administrators, assigns or legal representatives of the Service Provider in respect to the covenants and obligations of this Agreement absent specific written agreement to be so bound.

6.4. Neither City nor the Service Provider shall assign or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other except to the extent that the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Service Provider from employing such independent Service Providers, associates, and subcontractors as it may deem appropriate to assist him in the performance of services hereunder.

6.5. This Agreement represents the entire and integrated agreement between the City and Service Provider and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the City and Service Provider.

5 6.6. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either City or Service Provider.

6.7 Service Provider shall have the right to include representations of the Services, among the Service Provider's promotional and professional materials. Service Provider's materials shall not include City's confidential or proprietary information if City has previously advised the Service Provider in writing of the specific information considered by City to be confidential or proprietary. Service Provider shall not use the design materials in any way which may jeopardize City's entitlement to state or federal funds.

6.8. Service Provider agrees to assist and cooperate with City in any arbitration or litigation involving another person and arising out of services performed by Service Provider under this Agreement. City agrees to pay Service Provider for all services rendered in accordance with the provisions of Paragraph 8.2.3.3. If, however, negligence by Service Provider is found to exist by the factfinder, City shall have no obligation to reimburse Service Provider for services rendered in defending that allegation.

6.9. Neither the Project Manager nor City's review, approval or acceptance of, nor payment for, any of the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and Service Provider shall be and remain liable to City in accordance with applicable law for all damages to City caused by Service Provider's negligent performance of any of the services furnished under this Contract.

6.10. The rights and remedies of City provided for under this contract are in addition to any other rights and remedies provided by law.

6.11. Both parties shall be absolved from liability for any act, omission, or circumstances occasioned by any cause whatsoever not within the control of the party affected thereby and which such party could not, by reasonable diligence, have avoided. Such acts, omissions, or circumstances, however, shall not relieve such party of liability in the event of its failure to use reasonable diligence to remedy the situation and remove the cause in an adequate manner and with all reasonable dispatch and to give notice and full particulars of the same in writing to the other party as soon as possible after the occurrence of the caused relied on. The requirement that any force majeure be remedied with all reasonable dispatch shall not require the settlement of strikes or labor controversies by acceding to the demands of the opposing party or parties.

6.13. All Services described on Exhibit "A" under basic services shall be completed by the time specified in Exhibit "A". If additional services are requested which delay Service Provider in meeting any of these dates, Service Provider shall be entitled to more time to complete the Services specified.

6.14. Service Provider shall not be responsible for the acts or omissions of City, City's other Service Providers, contractors, and subcontractors, any of their agents or employees, or any other persons performing any of the work other than those parties identified in Section 1.1.1. above.

6.15. It is recognized that neither the Service Provider nor the City has control over the cost of labor materials or equipment, over the Service Provider's methods of determining bid prices, or over competitive bidding, market or negotiation conditions. Accordingly, the Service Provider cannot and does not warrant or represent that bids or negotiated prices will not vary from the project budget proposed, established or approved by the City, if any, or from any other cost estimate prepared by the Service Provider. However, if the Service

6 Provider's Services require the project to be designed within a set budget, Service Provider shall be required to re-design the project to bring the cost within the budget at no additional expense to the City.

6.16 In the case of a conflict between the provisions herein and any other attachment to this Agreement, the provisions set forth above will govern, unless otherwise specifically agreed to in writing.

SECTION 7 INSURANCE AND INDEMNIFICATION

7.1. The Service Provider shall procure and maintain during the term of this Agreement and subject to availability and at a comparable price for two years thereafter professional liability [errors and omissions] insurance in the amount of $1,000,000.00.

7.2. The Service Provider shall secure and maintain such insurance policies as will protect Service Provider from claims for bodily injuries, death or property damage which may arise from the performance of any work under this Agreement. The following insurance policies are required:

7.2.1 Statutory Workers' Compensation — A standard Workers Compensation policy approved for use in the State of Iowa shall be issued with the following coverages: (a) Statutory Benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85. (b) Employer's Liability Insurance with the following limits: Bodily injury by accident each accident $500,000 Bodily injury by disease each accident $500,000 Bodily injury by disease policy limit $500,000

7.2.2 Comprehensive General Liability (a) Occurrence $1,000,000 (b) Aggregate $2,000,000 (c) Personal and Advertising Injury Limit $1,000,000 (d) Products Completed Operations Aggregate Limit $2,000,000 (e) Fire Damage Limit (any one fire) $50,000 (f) Medical Damage Limit (any one person) $5,000

7.2.3 Automobile Public Liability and Property Damage (a) Combined Single Limit $1,000,000

7.2.4 Umbrella Policy $2,000,000

7.3. Certificates of Insurance acceptable to the City indicating insurance required by this Article in force shall be filed with the City prior to commencing any work hereunder. These certificates shall contain a provision that coverage under these policies shall not be canceled until at least thirty days' prior written notice has been given to the City. The City shall be named an additional insured on the Certificate of Insurance for the Comprehensive General Liability and Automobile coverage and Umbrella Liability. All policies will be primary and non- contributory.

7.4. Service Provider shall indemnify and save City harmless from all liability for alleged or actual infringement of any patent resulting from the use of apparatus or equipment designed by Service Provider or from the use of any process designed by Service Provider

7 or effected by said apparatus or equipment, and Service Provider shall indemnify and save City harmless from and against all costs, counsel fees, expenses and liabilities incurred in or about any claim of or action for such infringement; provided, however, that City shall promptly transmit to Service Provider all papers served on City in any suit involving such claim of infringement, and provided further, that City permits Service Provider to have entire charge and control of the defense of any such suit.

7.5. Service Provider will indemnify, hold harmless and defend the City, its elected officials, officers, employers, and agents against any and all damages, suits, actions, claims, liabilities, losses, judgments, costs and expense (including attorney fees) arising out of or relating to (i) any personal or bodily injury (including death) or property damage caused by Service Provider's or Service Provider's employee, agent, Service Provider or contractor's negligent, willful or unlawful acts or omissions or breach of Agreement or (ii) an infringement or misappropriation of any third party intellectual property or proprietary rights (including, without limitation, trademark, trade secret, copyright or patent) by the Services or Work Product.

SECTION 8 PAYMENTS TO THE SERVICE PROVIDER

8.1. REIMBURSABLE EXPENSES.

8.1.1. Reimbursable expenses are actual expenses incurred by the Service Provider and Service Provider's employees and Service Providers in the interests of the Project, as identified in Exhibit "A" or as agreed for additional services. If reimbursable expenses are not itemized on Exhibit "A", no charge for reimbursable expenses may be made by the Service Provider for basic services.

8.2. METHOD OF PAYMENTS FOR SERVICES AND EXPENSES OF SERVICE PROVIDER.

8.2.1. City shall pay Service Provider for basic services performed as described on Exhibit "A", a maximum amount as set forth on Exhibit "A". Exhibit "A", "Service Provider's Project Budget" attached hereto, which is a part of this Agreement, sets forth the costs of services, special Service Providers, a reimbursable expenses budget, and a grand total. Billings for services shall be on the basis of the charges set forth therein. The absolute maximum amount payable to the Service Provider for the basic services contemplated by the Agreement is the total sum stated on Exhibit "A". Service Provider assumes complete responsibility for the accuracy of the budget. City is entitled to any savings in the budgeted figures realized during the course of the Project.

8.2.2. City shall pay Service Provider for contingent basic services performed as described on Exhibit "A", under the heading of "Description of Contingent Basic Services", if any, a maximum amount as set forth on Exhibit "A". Exhibit "A", "Service Provider's Project Budget" under the heading "Contingent Basic Services Fee" attached hereto, which is a part of this Agreement, and which sets forth the costs of services, special Service Providers, a reimbursable expenses budget and a grand total. If reimbursable expenses are not itemized on Exhibit "A" no charge for reimbursable expenses may be made by the Service Provider for contingent basic services. Billings for services shall be on the basis of the charges set forth therein. The absolute maximum amount payable to the Service Provider for the contingent basic services contemplated by the Agreement is the total sum stated on Exhibit "A". Service Provider assumes complete responsibility for the accuracy of the budget. City is entitled to any savings in the budgeted figures realized during the course of the Project.

8 8.2.3. Additional Services. In the event additional services are desired by the City, the same shall be requested by written order which shall specify the additional services and maximum charge therefore including any special Service Providers and reimbursable expenses and shall be signed by the Service Provider and Project Manager. City shall pay Service Provider for additional services rendered under Section 1 as follows:

8.2.3.1.For additional services rendered by Service Provider, the charges set forth in Exhibit "B" for basic services shall be the basis for determining the charges for additional services plus agreed upon reimbursable expenses.

8.2.3.2.For additional services and reimbursable expenses of a special Service Provider employed by Service Provider as part of additional services, the amount billed to Service Provider therefor.

8.2.3.3.For the services rendered by principals and employees as Service Providers or witnesses in any litigation, hearing or proceedings in accordance with Paragraph 6.8, at a rate to be negotiated.

8.3. Service Provider shall submit monthly statements for basic and additional services rendered and for allowable reimbursable expenses incurred to the Project Manager based upon actual work completed during the billing period. City shall make prompt monthly payments in response to Service Provider's monthly statements.

8.4. If City fails to make any payment due Service Provider for services and expenses within thirty days after receipt of Service Provider's bill therefor, the amounts due Service Provider shall include a charge at the rate of 1% per month from said thirtieth day, and in addition, Service Provider may, after giving seven days' written notice to City, suspend services under this Agreement until he has been paid in full all amounts due the Service Provider for services and expenses.

SECTION 9 HAZARDOUS ENVIRONMENT

9.1 The City has disclosed to the best of its knowledge to the Service Provider the existence of all asbestos, PCBs, petroleum, hazardous waste, or radioactive material located at, on, or near the site, including type, quantity and location. No additional compensation to perform the services shall be allowed to the Service Provider based upon all disclosed hazardous materials. Service Provider warrants that the Service Provider has given due consideration to the disclosure in preparing Exhibits "A and/or B".

9.2. If there has been no disclosure prior to the date of this agreement, the City represents to the Service Provider that to the best of its knowledge a hazardous environmental condition does not exist.

9.3. If a hazardous environmental condition is encountered or alleged, Service Provider shall have the obligation to notify City and, to the extent of applicable Laws and Regulations, appropriate governmental officials.

9.4. If there has been no disclosure of a known hazardous environmental condition, the Service Provider's scope of service does not include any services related to a hazardous environmental condition. In the event Service Provider or any other party encounters a hazardous environmental condition, Service Provider may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until City: (i) retains appropriate specialist Service Provider(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove

9 the hazardous environmental condition; and (ii) warrants that the site is in full compliance with applicable laws and regulations.

9.5. If Service Provider's services under this agreement can not be performed because of a hazard environmental condition, the existence of the condition shall justify Service Provider terminating this agreement for cause on 30 days notice. The provisions of paragraph 5.7 shall apply.

U: \City Legal \Secure\ FORMDOC \Construction \Service Agreement (General Conditions).Doc

10 tKiii/45 City of Sioux City and .6 PURCHASING DEPARTMENT GARDNER TREE SERVICE 2901 31ST ST SIOUX CITY, IA 511050000

Request No: 0000264132 Page No. 1

FAILURE TO COMPLETE THE FOLLOWING INFORMATION WILL VOID THE BID. FOLLOWING:

Signature o authori ed person 1 ' - - 47/2) _ y71. Signed: ..„4-. -ie., •:. Phone No: ?---- Date Of Bid: a -2 7-- I Fax No: ( )

Estimated delivery date: Y/"-21 Tax Id No: -27- 12.2 777;

INFORMAL INVITATION TO BID

************** BID DUE DATE & TIME *************** • You are invited to bid, and bids will be received for consideration at: Purchasing Office Room 408, City Hall 405 6th Street Sioux City, IA, 51101 • no later than: * * 3:00 PM on October 27, 2020 * * * on all items listed herein or attached hereto. * **************************************************

If you have questions or need further assistance please call (712)279-6237

1. Bidder may bid on items in his line and omit those items with which he is not familiar. All items bid shall be new and unused unless otherwise provided. 2. Bidder shall not substitute on items designated by "NO SUBSTITUTES". All other items can be substituted and the bidder shall indicate and describe the item quoted. 3. City reserves the right to reject all bids; to accept any item or group of items bid unless the bidder qualifies his bid by specific limitations. 4. All prices quoted shall be F.O.B. SIOUX CITY, IOWA and delivered shall be,Tsignated. 5. Discount terms: ) % days. City of Sioux City PURCHASING DEPARTMENT GARDNER TREE SERVICE 2901 31ST ST SIOUX CITY, IA 511050000

Request No: 0000264132 Page No. 2

ITEM NO. QUANTITY QUOTED EXTENDED REQUESTED UOM UNIT COST COST Item Description

001 1.00 EA /4/7, 5-7 6,6",0 -2=1 - TREE REMOVAL, AS FOLLOWS: TOTAL TREE TRIMMINGS: 103 TCTAL TREE REMOVALS: 49

ITEMS MARKED ON THE ACCOMPANYING EXCEL SPREADSHEET AS POOR / DEAD / OR REMOVE, WILL NEED TO BE REMOVED. TREES ARE TO BE CUT AT AN APPROPRIATE HEIGHT AND GRUBBING WILL BE REQUIRED. GROUND IS TO BE LEVELED WITH FILL DIRT OR IF THERE IS EXCESS DIRT IT IS TO BE COLLECTED BY THE CONTRACTOR.

TRIMMING OF TREES WILL PROVIDE FOR A CLEARANCE OF NO LESS THAN 10 FEET ABOVE SIDEWALKS AND 14 FEET ABOVE STREETS AND ALLEYS. IN ADDITION, TREES WILL BE TRIMMED TO PROVIDE ADEQUATE CLEARANCE FOR POWERLINES AND UTILITIES IF NECESSARY. BRUSH WILL BE TRIMMED TO ACCOMMODATE PEDESTRIAN TRAFFIC AND SO IT WILL NOT PROTRUDE INTO THE WALKING PATH OF TRAVEL.

HOMEOWNERS HAVE BEEN GIVEN NOTICE OF WORK TO BE DONE AND HAVE HAD THE OPPORTUNITY TO VOICE THEIR CONCERNS AND COMMENTS. SOME PROPERTIES ARE RENTALS, AND TENANTS HAVE NOT BEEN NOTIFIED BY THE CITY OF SIOUX CITY. IF PROBLEMS ARISE WITH TENANTS OBJECTING TO WORK BEING DONE WE ENCOURAGE YOU TO HAVE THEM CONTACT THE PROPERTY OWNER OR MANAGER.

BID SHALL INCLUDE REMOVAL, HAULING, AND DISPOSAL OF ALL DEBRIS FROM TRIMMING OR FELLING.

BID SHALL INCLUDE MOBILIZATION AND ALL NECESSARY LABOR AND EQUIPMENT TO COMPLETE THE WORK

BID SHALL INCLUDE ALL NECESSARY TRAFFIC CONTROL TO MEET MUTCD REQUIREMENTS FOR ANY NECESSARY STREET OR LANE CLOSURES

CONTRACTORS ARE TO USE CAUTION TO PROTECT City of Sioux City PURCHASING DEPARTMENT

., IA .

Request No: 0000264132 Page No. 3

ADJACENT STRUCTURES AND PROPERTY

CONTRACTOR SHALL USE CAUTION TO MINIMIZE DISRUPTION OF AREA SURROUNDING TREE CLEARING

CONTRACTOR TO REMEDY TO THE SATISFACTION OF CITY STAFF AND DISTURBED AREAS

FINAL INSPECTION WILL BE PERFORMED BY CITY STAFF, IF REQUIREMENTS ARE NOT MET, THE CONTRACTOR WILL BE REQUIRED TO REMEDY AT NO ADDITIONAL COST

ALL WORK MUST BE COMPLETED BY: MARCH 31, 2021

SUBMITTED BIDS MUST COMPLETE THE ENCLOSED COMMUNITY DEVELOPING BLOCK GRANT SPECIAL PROVISIONS. A ONE PAGE GUIDE HAS BEEN ENCLOSED TO ASSIST IN COMPLETING.

TO RECEIVE AN ELECTRONIC FILE WITH PICTURES OF OF EACH TREE, EMAIL [email protected]

FOR QUESTIONS, CALL MIKE AT 712-279-6277 OR ADAM AT 712-224-6026.

IF YOUR BID EXCEEDS $25,000.00, IT MUST BE ACCOMPANIED BY A BID BOND. ADDITIONALLY, SUCCESSFUL BIDDER WILL BE REQUIRED TO PROVIDE A PERFORMANCE BOND, IF THE BID IS OVER $25,000.00.

BIDDER STATUS FORM MUST BE COMPLETED & RETURNED WITH BID.

NOTE: SUCCESSFUL VENDOR WILL BE REQUIRED TO SIGN A SERVICE PROVIDER AGREEMENT (SAMPLE INCLUDED). THIS INCLUDES INDEMNITY CLAUSE & INSURANCE REQUIREMENTS. CITY OF SIOUX CITY, IOWA BID ADDENDUM

RFQ #0000264132 ADDENDUM DATE: 10/13/2020 BID DUE DATE/TIME: 10/27/2020 at 3 P.M.

TO THOSE INDIVIDUALS INTERESTED IN SUBMITTING PROPOSALS FOR RFQ #0000264132:

* * * * * * * * * * * * * * * * * * * * * * ADDENDUM #1 * * * * * * * * * * * * * * * * * * * * *

This is to inform you of changes to the above-mentioned Lyons Park Tree Removal RFQ #0000264132

• Below is a list of addresses that did not have specific direction in the original list. The trees at these addresses are to be removed:

o 312 Ross Street/Hackberry/Poor, Top Cut, Insect Damage, Power Line Through Middle/Poor Health/39'Height/15'Diameter o Alley N. of 1717 W 2nd Street/Elm American/Invasive Roots/Cracked Ground/Pushing Retaining Wall Out/13'Diameter o Alley N. of 1717 W 2nd Street/Elm American/Invasive Roots/Cracked Ground/Holding up Retaining WaII/44' Height/12'Diameter o Alley N. of 1711 W. 2nd Street/Mulberry/Invasive Roots/Cracked Ground/Breaking Retaining Wall/20' Height/6' Diameter o 1310 W. 2nd Street/Elm Siberian/invasive Roots/Cracked Ground/Poor Sidewalk with Possible Roots/93' Height/29' Diameter

• Remove the following address from bid list: o East side 1625 W la' on West Street/Brush

Questions: Spero Vlahoulis, Purchasing Manager, office - (712) 279-6237 or e-mail - [email protected]

PLEASE SIGN AND RETURN WITH BID.

6ofippex 7/ -ee e 14, Vendor Signature/g rripany Name COMMUNITY DEVELOPMENT BLOCK GRANT SPECIAL PROVISIONS

PART A — NONDISCRIMINATION IN EMPLOYMENT

Requirements for Contractor's Aggregate Workforce

The policy of the City of Sioux City Community Development Block Grant program is to increase awareness of federal requirements for contracts and agreements awarded under CDBG (I-IUD) grants of publicly owned facilities. This implements the OMB positive efforts standards, conforms to Presidential direction and outlines the requirements.

The following notice shall be included in, and shall be a part of, all solicitations for offers and bids on all Federal and Federally assisted construction contracts or subcontracts in excess of $10,000 to be performed in geographical areas designated by the Director pursuant to Subpart 60-4.6 of this part (see 41 CFR 60-4.2(a)):

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246)

The Offeror's or Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federally Equality Employment Opportunity Construction Contract Specifications" set forth herein.

The goals and timetables for disadvantaged/minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are to be listed and made available in Contractor's records.

These goals are applicable to all the Contractor's construction work (whether or not it is Federal or Federally assisted) performed in the covered area.

The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmation action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of disadvantaged/minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and the Contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of disadvantaged/minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed.

The contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within ten (10) working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address and telephone number of the subcontractor; employer identification number; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the contract is to be performed.

As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is Sioux City, Iowa, SMSA.

CDSP-I THE GOALS FOR THE PROJECT ARE:

Disadvantaged/Minority (DBE/MBE) 1.9% Female (WBE) 6.9%

EQUAL OPPORTUNITY CLAUSE AND EEO CONSTRUCTION CONTRACT SPECIFICATIONS

The following (1) Equal Opportunity Clause and (2) Equal Employment Opportunity Construction Contract Specifications are to be included in all Federally assisted construction contracts and subcontracts which are not exempt from its requirements.

1. EQUAL OPPORTUNITY CLAUSE FOR FEDERALLY ASSISTED CONTRACT

During the performance of this contract, the Contractor agrees as follows:

A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demolition, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this equal opportunity (Federally assisted construction) clause.

B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin.

C. The Contractor will send to each labor union or representative of workers, with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. The Contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, as amended and of the rules, regulations and relevant orders of the Secretary of Labor.

E. The Contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders.

F. In the event of the Contractor's non-compliance with the equal opportunity (Federally assisted construction) clause of this contract or with any of the said rules, regulations or orders, this contract may be canceled, terminated or suspended, in whole or in part, and the Contractor may be declared ineligible for further Government contracts or Federally assisted construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulations or order of the Secretary of Labor, or as provided by law.

CDSP-2 G. The Contractor will include this equal opportunity (Federally assisted construction) clause in every subcontract or purchase order unless exempted by the rules, regulation or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administrating agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor, as a result of such direction by the administrating agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States.

H. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in Federally assisted construction work, provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

I. The applicant further agrees that it will assist and cooperate actively with the agency and the Secretary of Labor in obtaining the compliance of Contractors and subcontractors with the equal opportunity clause and the rules, regulations and relevant orders of the Secretary of Labor; that it will furnish the Agency and the Secretary of Labor such information as they may require for the supervision of such compliance; and that it will otherwise assist the Agency in the discharge of its primary responsibility for securing compliance.

J. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to the Executive Order 11246 of September 24, 1965, with a Contractor debarred from or who has not demonstrated eligibility for government contracts and Federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause, as may be imposed upon Contractors and subcontractors by the Agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the Agency may take any or all of the following actions: Cancel, terminate or suspend in whole or part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

2. STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246)

A. As used in these specifications:

1. "Covered area" means the geographical area described in solicitation from which this contract resulted;

2. "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority.

3. "employer identification number" means the Federal Social Security number used on the employer's quarterly Federal Tax Return, U.S. Treasury Department Form 941.

CDSP-3 4. "disadvantaged/minority" includes:

a. Black (all persons having origins in any of the Black African racial groups not of Hispanic origin);

b. Hispanic (all persons of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish Culture or origin, regardless of race);

c. Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, Southeast Asian, the Indian Subcontinent, or the Pacific Islands);

d. American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).

B. Whenever the Contractor, or a subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of the specifications and the Notice which contains the applicable goals for disadvantaged/minority and female participation and which is set forth in the solicitations from which this contract resulted.

C. if the contract is participating (pursuant to 41 CFR 60-4.5) in the Hometown Plan approved by the U.S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the Plan area (including goals and timetables) shall be in accordance with that Plan for those trades which have unions participating in the Plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of such Hometown Plan. Each Contractor or subcontractor participating in an approved Plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the Plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved Plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the Plan goals and timetables.

D. The Contractor shall implement the specific affirmative action standards provided in these specifications. The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of disadvantaged/minority and female utilization the Contractor should reasonably be able to achieve in each construction trade which has employees in the covered area. The Contractor is expected to make substantially uniform progress toward its goals in each craft during the period specified.

E. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.

F. in order for the nonworking training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities. Trainees must be pursuant to training programs approved by the U.S. Department of Labor.

G. The Contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor shall document these efforts fully, and shall implement affirmative action steps at least as extensive as the following:

CDSP-4 Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and in all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, will assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents and other on-site supervisory personnel are aware of and carry out the Contractor's obligation to maintain such a working environment, with specific attention to disadvantaged/minority or female individuals working at such sites or in such facilities.

2. Establish and maintain a current list of disadvantaged/minority and female recruitment sources, provide written notification to disadvantaged/minority and female recruitment sources and to community organizations where the Contractor or its unions have employment opportunities available, and maintain a record of the organization's responses.

3. Maintain a current file of the names, addresses, and telephone numbers of each disadvantaged/minority and female off the street applicant and disadvantaged/minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the Contractor by the union or, if referred, not employed by the Contractor, this shall be documented in the file with the reason therefor, along with whatever additional actions the Contractor may have taken.

4. Provide immediate written notification to the Director when the union or unions with which the Contractor has a collective bargaining agreement has not referred to the Contractor a disadvantaged/minority person or woman sent by the Contractor, or when the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet its obligations.

5. Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the Contractor's employment needs, especially those programs funded or approved by the Department of Labor. The Contractor shall provide notice of these programs to the sources compiled under G2 above.

6. Disseminate the Contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the Contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report. etc.; by specific review of the policy with all management personnel and with all disadvantaged/minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.

7. Review, at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions including specific review of these terms with on-site supervisory personnel such as superintendents, general foremen, etc. prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.

8. Disseminate the Contractor's EEO policy externally by including it in any advertising in the news media, specifically including disadvantaged/ minority and female news media, and providing written notification to and discussing the Contractor's EEO policy with other Contractors and subcontractors with whom the Contractor does or anticipates doing business.

CDSP-5 9. Direct its recruitment efforts, both oral and written, to disadvantaged/ minority, female and community organizations, to schools with disadvantaged/minority and female students and to disadvantaged/minority and female recruitment and training organizations serving the Contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the Contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process, 10. Encourage present disadvantaged/minority and female employees to recruit other disadvantaged/minority persons and women and, where reasonable, provide after school, summer and vacation employment to disadvantaged/minority and female youth both on the site and in other areas of a Contractor's workforce.

11. Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60-3.

12. Conduct, at least annually, an inventory and evaluation of all disadvantaged/minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for through appropriate training, etc., such opportunities.

13. Ensure that seniority practices, job classifications, work assignments and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment-related activities to ensure that the EEO policy and the Contractor's obligations under these specifications are being carried out.

14. Ensure that all facilities and company activities are non-segregated except that separate or single- user toilet and necessary changing facilities shall be provided to assure privacy between the sexes.

15. Document and maintain a record of all solicitations of offers for subcontractors from disadvantaged/minority and female construction Contractors and suppliers, including circulation of solicitations to disadvantaged/minority and female Contractor associations and other business associations.

16. Conduct a review, at least annually, of all supervisors' adherence to and performance under the Contractor's EEO policies and affirmative action obligations.

H. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (1 through 16 as stated above). The efforts of a Contractor association, joint Contractor-union, Contractor-community, or other similar group of which the Contractor is a member and participant may be asserted as fulfilling any one or more of its obligations under 1 through 16, as stated above, of these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's disadvantaged/minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's and failure of such a group to fulfill an obligation shall not be a defense for the Contractor's noncompliance.

A single goal for minorities and a separate single goal for women has been established. The Contractor, however, is required to provide equal employment opportunity and to take affirmative action for all disadvantaged/minority groups, both male and female, and all women, both disadvantaged/minority and non-minority. Consequently, the Contractor may be in violation of the Executive Order 11246 if a particular group is employed in a substantially disparate manner.

J. The Contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex, or national origin.

CDSP-6 K. The Contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246.

L. The Contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs. Any Contractor who fails to carry out such sanctions and penalties shall be in violation of the specifications and Executive Order 11246, as amended.

M. The Contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph G of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the Contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.

N. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone numbers, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, Contractors shall not be required to maintain separate records.

0. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area residents (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).

CDSP-7 PART 13 • GUIDANCE FOR DISADVANTAGED/MINORITY BUSINESS ENTERPRISE (DBE/MBE) AND WOMEN'S BUSINESS ENTERPRISE (WBE) REQUIREMENTS

The policy of the Community Development Block Grant program of Sioux City is to assure increased DBE/WBE participation in contracts and subcontracts awarded under HUD grants for construction of publicly-owned facilities. This conforms to Presidential direction, and furthers the requirements of Title VI of the Civil Rights Act of 1964. This guidance provides suggestions for carrying out affirmative steps required by HUD Regulation 24 CFR 85.36(e)(2).

The City of Sioux City will assure opportunities for immediate participation of competent DBE's/WBE's in work performed under grants and promote the development of new minority firms through a variety of business arrangements.

This policy describes the minimum positive efforts that are required of Grantees, A & E firms and Contractors. Use of the DBE goal-oriented system is a condition of all Community Development Block Grants for construction of public facilities. This program should not be misconstrued as a mandatory set-aside policy.

At the time of Bid Opening the DBE's/WBE's must be certified. To be certified or to check on a certification, contact Human Resources Department, City of Sioux City, 712-279-6259.

DEFINITIONS

1. DISADVANTAGED/MINORITY BUSINESS ENTERPRISE

A business, at least 51 percent of which is owned by minority group members who exercise actual day-to-day management and control of the business. (From this point on, whenever Minority is stated Disadvantaged/Minority is implied.)

2. MINORITY GROUP MEMBERS

Black Mexicans, Hispanic Americans, Asian Americans, American Indians, American Eskimos, American Aleuts, and Native Hawaiians and person certified as socially and economically disadvantaged. (Bona Fide minority membership shall be established on the individual's proven claim that he or she is a member of a minority group and is so regarded by that particular minority community.)

3. WOMEN'S BUSINESS ENTERPRISE

A business which is an independent business concern which is at least 51 percent owned by a woman or women who also control and operate it. Determination of whether a business is at least 51 percent owned by a woman or women shall be made without regard to community property laws. For example, an otherwise qualified WBE which is 51 percent owned by a married woman in a community property state will not be disqualified because her husband has 50 percent interest in her share. Similarly, a business which is 51 percent owned by a married man and 49 percent owned by an unmarried woman will not become qualified WBE by virtue of his wife's 50 percent interest in his share of the business.

4. QUALIFICATIONS FOR OWNERSHIP AND CONTROL

A. The minority or woman ownership's interest in the firm must be real, substantial and continuing. Such interest may include:

1. risk of loss/share of profit commensurate with the proportional ownership; and

2. receipt of the customary incidents of ownership, such as salary and/or intangible benefits.

B. A minority or woman owner must have and exercise the authority to independently control the business. The minority woman owner need not be continually present to be deemed in control. Characteristics of control may include:

1. authority to sign bids and contract;

2. making decisions in price negotiations; CDSP-8 3. incurring liabilities for the firm;

4. making final staffing decisions;

5. policy-making; and

6. making general company management decisions.

A. Only those firms performing a useful business function according to custom and practice in the industry are qualified as DBE's or WI3E's. Acting merely as a passive conduit of funds to some other, non-minority firm where such activity is unnecessary to accomplish the project does not constitute a useful business function according to custom and practice in the industry.

5. RECIPIENT

A party receiving CDBG financial assistance pursuant to a grant or cooperative agreement.

6. PROJECT

The scope of work from which a cooperative agreement, grant agreement is awarded.

7. BIDDER

A party seeking to obtain a contract with a recipient through a competitive, advertised, sealed bid process.

8. OFFEROR

A party seeking to obtain a contract with a recipient through a negotiation procurement process.

9. DOCUMENTATION

A certified letter and receipt, written correspondence or written telephone log or required forms (whichever applies).

INFORMATION CONCERNING THE OVERALL PROJECT DBE/MBE AND WBE GOALS

Bidders on this work will be required to comply with the President's Executive Orders No. 11246, as amended, 11625, as amended, and 12138. The requirements for bidders and Contractors under these orders are explained in the specifications.

Bidders shall submit a fully executed Minority Business Enterprise Assurance with their proposal, including any necessary documentation (Section C). Failure to do so will render the bid null and void. The award of contract, if awarded, will be made to the lowest responsive, responsible bidder that is able to demonstrate that good faith efforts were made to meet or exceed the contract goals. Meeting or exceeding the contract goals conclusively establish that the bidder has made such good faith efforts.

The goal for minority business participation on this project is 1.9 percent of the total dollar value of the job. The WBE goal is 6.9 percent of the total dollar value of the job.

GRANTEE RESPONSIBILITIES IN OBTAINING DBE/MBE AND WBE GOALS

The grantee has the primary responsibility as a condition of the grant award to ensure that the requirements of the DBli/WBE policy are met. All applicants/grantees are required to take positive efforts to use DBE/WBE firms and shall document these efforts in writing. This is a precondition to the approval of the contract for construction and such documented information shall be made available to the Community Development Department. Positive efforts include, at the minimum, the following:

CDSP-9 Providing a source list of DBE/WBE firms to all prospective consultants or Contractors as part of the bidding documents.

Making a list of plan holders of record available to minority-owned firms upon request.

2. Informing consulting firms of their DBE/WBE responsibilities and the DBE/WBE goal to be included in the construction contracts.

Contacting local and State Minority Business Development Agencies to inform them of the project and the goal set for DBE/WBE participation, keeping them informed of pre-bid conferences, bid opening dates, and requesting their assistance when needed.

CONSULTING FIRM RESPONSIBILITIES IN OBTAINING DBE/MBE AND WBE GOALS

All consulting firms are responsible for ensuring opportunity (or all minority business enterprise participation in all phases of the project. Consulting firms play a key role in assisting the grantee and construction Contractor in carrying out their DBE/WBE responsibilities. Consulting engineers shall document in writing their positive efforts. Positive efforts at a minimum will include:

1 . Making plan holders aware of the DBE/WBE goals by publishing the goals in all bid notices, including bidding documents, where it is easily and quickly visible, and stating at any pre-bid and pre-award conferences that there are goals for DBE/WBE and the steps to be taken to meet the goal.

2. Keeping records of all awards and proposed awards of contracts to DBEs/WBEs, any contract changes and the names, addresses, dollar amounts, etc. of any DBEs/WBEs to be used on the projects.

PRIME CONTRACTOR RESPONSIBILITIES IN OBTAINING DBE/MBE AND WBE GOALS

All prospective prime Contractors are responsible for ensuring opportunity for DBE/WBE participation in the construction of CDBG HUD-funded projects. Prospective prime Contractors shall document in writing their positive efforts taken to meet the DBE/WBE goal and submit the documents (DBE/WBE Assurance form Part C of this document) prior to the time of bid opening with the sealed bid. Failure to do so will render the bid null and void. Minimum good faith efforts include:

1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists;

2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources;

3. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;

4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises;

5. Using the services and assistance of the agencies listed on the minority business certification form located at the end of this section.

ADDITIONAL PRIME CONTRACTOR RESPONSIBILITIES

In addition to the preceding, the prime Contractor shall submit to the owner/grantee within ten (10) calendar days of the actual award of any DBE/WBE subcontract (or purchase order), data as to the DBE/WBE firm's name, address, type of work to be performed, contract amount, date of award, and the name of the project.

LISTING OF CERTIFIED DISADVANTAGED BUSINESS ENTERPRISES

CDSP-1 0 A directory of certified disadvantaged business enterprises is available from:

Office of Contracts EEO Section 800 Lincoln Way Ames, IA 50010 Telephone (515) 239-1422 FAX (515-239-1325

A certified Targeted Small Business (TSB) is a small business, defined by Iowa Code Section 15.102(4), which is 51 percent or more owned, operate and actively managed by one or more women or minority persons. Generally this is a for-profit small business enterprise under single management, which is located in Iowa.

The Small Business Administration's 8(a) Business Development Program (SBA 8(a)BD), named for the Small Business Act, is a business development initiative that helps small disadvantaged business concerns to access the Federal contracting market place. Certified 8(a) companies are automatically Small Disadvantaged Business (SDB) certified. The basic requirements an 8(a) applicant firm must meet are: must be a small business; must be at least 51% unconditionally owned and controlled by one or more socially and economically disadvantaged individuals who are of good character and citizens of the United States; and must demonstrate potential for success. The applicant firm must have been operational for at least two (2) full years.

A complete list of TSBs is available through the TSB Certification Office at:

Iowa Dept. of Inspections and Appeals Audits Division/TSB Lucas Building, 4th Floor Des Moines, IA 50319 Telephone: 515-281-7250 Contact: Jan Curtis, Program Manager e-mail: icurtis(a)dia.state.ia.us

To access a complete list of SBA certified firms, log on to the Internet at:

www.sba. gov From this website, select ProNet Iowa contact person: Dawnelle Conley 515-284-4913

CDSP-11 MINORITY CONTRACTOR'S ASSOCIATIONS AND CONSULTANTS

Hart/Meyer, Inc. 2400 86th Street, Suite 32 Des Moines, IA 50322 515-254-0705 FAX 515-254-0735 1-800-800-5801 Web Site www.hartmeyerinc.com

Iowa Contractor Association P.O. Bo 16248 Des Moines, IA 50316

TRUCK ROSTER INFORMATION

The DBE truck rosters are available upon request, from the State of Iowa Office of Contracts, EEO Section. These rosters are maintained and updated with the following information: owner/leased, plate #, type vehicle/equipment, color/s, and YIN number. You may obtain this information by calling Craig Russell at (515) 239-1422.

If the bidder is awarded this contract, the bidder will be required to sign and post the "Certification of Nondiscrimination" contained in this bid packet.

Prior to the execution of the contract by the City, the successful bidder will be required to submit a signed "Nonsegregated Facilities Certification". The successful contractor shall be required to require a similar "Nonsegregated Facilities Certification" from each of its subcontractors.

CDSP-12 Form 0S-X (Iowa Department of Transportation OP DISADVANTAGED BUSINESS ENTERPRISE INFORMATION Bid Order No. STATEMENT OF DBE COMMITMENTS Lettin2 Date (To be completed in ink bj, All Bidders as per the current DBE Specification) County The submittal of this form with the signed proposal constitutes your DBE commitment Proposal ID No. The following work will be subcontracted to certified DBE &rms. Contractor h e/7 e

DBE Firm* Submit Use Check 'Ck7ork or Items To Be Amount to DBE DBE Commitment Date Contacted Quote Quote If DBE Subcontracted (Dollars) (Dollars) Person Contacted Yes/No Ye&No Supplier

S . S

/. r 1 / 5

5 /' -. .------...."---' S

/ 72 S $

S $

S $ I

S $

S $ For each DBE firm. columns 1 (name of firm only). 4 & 5 must be Total DBE Participation Commitment = S completed to constitute a commitment to a DBE goal. The total DBE participation dollar commitment will be based on 100% of the dollars Total DBE Participation Commitment = c!rii in column 5. or 60% of the dollars in column 5 if column 6 is checked.

t,trfoution: White Copy — tub-ratted with bid: Yellow Copy - contractor PART C — DISADVANTAGED/MINORITY (DBE/MBE) 1 AND WOMEN'S (WBE) BUSINESS ENTERPRISE ASSURANCE FORM ( A 1\ i 10,4_ Project No. (- P ct —*County POLICY CONCERNING DBE/MBE AND WBE OPPORTUNITY GOALS

It is the policy of the City of Sioux City that Disadvantaged/Minority Business Enterprises (DBE/MBE) and Women's Business Enterprise (WBE) as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in whole or in part with Federal funds under this agreement. Consequently, the DBE/WBE requirements of 49 CFR Part 23 apply to this agreement.

CONTRACT GOALS

It is the goal of the City of Sioux City that DBE/MBE and WBE firms will contract for the following percentages of the total dollar amount of this contract:

Disadvantaged/Minority Business Enterprises (DBE/MBE) 1.9%

Women's Business Enterprises (WBE) 6.9%

PRIME CONTRACTOR DBE/MBE AND WBE OBLIGATIONS

The prime contractor bidding on projects financed in whole or in part with Federal funds through and for the City of Sioux City's Community Development Block Grant Program, agrees to ensure that Disadvantaged/Minority Business and Women's Business Enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts or subcontracts financed in whole or in part with the Federal funds. The prime Contractor shall not discriminate on the basis of race, color, national origin, or sex in the bidding process or the performance of contracts.

PRIME CONTRACTOR'S ASSURANCE OF COMPLIANCE

I, acting in my capacity as officer of the undersigned bidder, or bidders if a joint venture, hereby assure the City and the grantee that if awarded the contract on this project, my company will provide DBEIWI3E participation, with that participation being with Business Enterprises owned or controlled by disadvantaged/minorities or women as defined in Special Provisions for Disadvantaged/Minority Business Enterprises, in the following percentages:

Disadvantaged/Minority Business Enterprises (Anticipated) 1.9%

Women Business Enterprises (Anticipated) 6.9%

I have listed below the names of the DBEs, the Item No(s). or work description and the dollar value of subcontract work to be awarded.

CDSP-14 INTENDED DBE/MBE PARTICIPATION

Name of Firm Item Number(s) or Dollar Value of Contact Person Work Description Proposed Subcontract

Total Dollar Value of Proposed Subcontracts.

Contract Bid Total

Percent of Contract Bid to be Subcontracted to DBE firms

INTENDED WBE PARTICIPATION

Name of Firm Item Number(s) or Dollar Value of Contact Person Work Description Proposed Subcontract

Total Dollar Value of Proposed Subcontracts.

Contract Bid Total

Percent of Contract Bid to be Subcontracted to DBE firms

DBE/WBE SUBSTITUTION

I understand that if a DBE/MBE or WBE subcontractor is unable to perform successfully for any part of the intended work, my company is required to make sufficient reasonable efforts to subcontract the work to an alternate DBE/MBE or WBE firm(s) and that I must document such efforts prior to subcontract approval.

WHEN THE DBE/MBE AND WBE PERCENTAGES ARE NOT MET

I understand that if the above percentages are less than the DBE/MBE or WBE participation goals shown under contract goals on page 14,1 must establish that my company has made a good faith effort to solicit DBE/MBE or WBE participation by:

1. Identifying the actual percentage of DBE/WBE participation attained, including a list of DBE/WBE subcontractors and suppliers, the approximate dollar value of each subcontract or purchase order and the type of work each will be responsible to perform.

2. Documentation — certified letters and mail receipts, written correspondence or a written telephone log requesting bids from DBE/MBE and WBE firms.

3. If a bidder has rejected or considered as non-responsive any DBE/WBE sub-bidder, a complete documented explanation must be provided to the owner/grantee.

co mpanyEPeg yeE Senv/cQ

NOTE: Failure to list company name, sign, or submit all required documentation asstated herein shall render the bid null and void.

CDSP-1 5 PART D SECTION 3 CLAUSE OF THE HOUSING AND URBAN DEVELOPMENT ACT OF 1968, AS AMENDED

All section 3 covered contracts shall include the following clause (referred to as the section 3 clause):

A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

C. The Contractor agrees to send to each labor organization or representative of workers with which the Contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The Contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.

E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent the Contractor's obligations under 24 CFR part 135.

F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD-assisted contracts.

G. With respect to work performed in connection with Section 3 covered Indian housing assistance, Section 7(b) of the Indian Self-determination and Education Assistance Act (24 U.S.C. 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b).

CDSP-16 PART E LABOR STANDARDS

Contractors performing work on construction projects which have been provided grant assistance by Community Development Block Grant funds must fulfill the requirements of the Labor Standards Provisions for Federally assisted construction contracts. These standards are located at the end of this section.

WEEKLY CONTRACTOR PAYROLLS

Each week as work progresses, the Contractor must submit to the Owner a copy of all weekly payrolls and required attachments stipulated therein. Sample suggested payrolls may be obtained from the Owner or the CDBG office upon request. All weekly payrolls shall contain or have attached the following:

1. Name of each employee. Also, show address when employee is first entered on payrolls and whenever his address changes thereafter.

2. Classification of employees (same as shown on wage determination).

3. Rate of pay not less than that shown on the wage determination.

4. Hours worked each day and total for each week for each employee.

5. All deductions made.

6. Net amount paid to employee.

7. The following certification:

"I certify that the payroll is correct and complete, that the wage rates contained therein are not less than the applicable rates contained in the WI etenn illation decision of the Secretary of Labor and that the class' tion set fo or mechanic conform to the work he performs."

(Si ture) (Title)

CDSP-17 COMPLIANCE WITH THE COPELAND (ANTI-KICKBACK) ACT

The following anti-kickback statement must be submitted with each set of weekly payrolls:

"I, (name of signatory party), (title), do hereby state: That I pay or supervise the payment of the persons employed by (Contractor or subcontractor) on the (work or building); that during the payroll period commencing on the day or , 20 , and ending the day of , 20 , all persons employed on said project have been paid the full weekly wages earned, that no rebates have been or will be made either directly or indirectly from the full weekly wages earned by any person, other than permissible deductions, as defined in Regulations, Part 3 (29 CFR Part 3) issued by the Secretary of Labor under the Copeland Act, as amended (48 Stat. 948; 63 Stat. 108; 72 Stat. 967; and 40 U.S.C. 276c), and described below: (Paragraph describing deductions, it any)"

(Signature) (Title)

All prime Contractors shall include the wage determination and all the labor standards provisions in all subcontracts as herein specified.

The Contractor shall make employment records available for inspection by authorized representatives of the Community Development Department and will permit employees to be interviewed during working hours by these representatives. Payroll records will be maintained during the course of the work by the prime Contractor, including a copy of the payroll of each subcontractor and they shall be preserved for a period of three years thereafter.

CDSP-18 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations

Applicability (1) The work to he performed by the classification The Project or Program to which the construction work requested is not performed by a classification in the wage determination; and covered by this contract pertains is being assisted by the United States of America and the following Federal Labor (2) The classification is utilized in the area by the Standards Provisions are included in this Contract construction industry; and pursuant to the provisions applicable to such Federal (3) The proposed wage rate, including any bona fide assistance fringe benefits, bears a reasonable relationship to the A. 1. (i) Minimum Wages. All laborers and mechanics wage rates contained in the wage determination. employed or working upon the site of the work, will be paid (b) If the contractor and the laborers and mechanics to be unconditionally and not less often than once a week, and employed in the classification (if known), or their without subsequent deduction or rebate on any account representatives, and HUD or its designee agree on the (except such payroll deductions as are permitted by classification and wane rate (including the amount regulations issued by the Secretary of Labor under the designated for fringe benefits where appropriate), a report Copeland Act (29 CFR Part 3), the full amount of wages of the action taken shall be sent by HUD or its designee to and bona fide fringe benefits (or cash equivalents thereof) the Administrator of the Wage and Hour Division, due at time of payment computed at rates not less than Employment Standards Administration U S. Department of those contained in the wage determination of the Labor, Washington, D C 20210. The Administrator, or an Secretary of Labor which is attached hereto and made a authorized representative, will approve, modify, or part hereof regardless of any contractual relationship disapprove every additional classification action within 30 which may be alleged to exist between the contractor and days of receipt and so advise HUD or its designee or will such laborers and mechanics. Contributions made or notify HUD or its designee within the 30-day period that costs reasonably anticipated for bona fide fringe benefits additional time is necessary_ (Approved by the Office of under Section 1(b)(2) of the Davis-Bacon Act on behalf of Management and Budget under OMB control number 1215- laborers or mechanics are considered wages paid to such 0140.) laborers or mechanics, subject to the provisions of 29 CFR (c) In the event the contractor, the laborers or mechanics 5.5(a)(1 )(iv); also, regular contributions made or costs to be employed in the classification or their incurred for more than a weekly period (but not less often representatives, and HUD or its designee do not agree on tnan quarterly) under plans, funds, or programs, which the proposed classification and wage rate (including the cover the particular weekly period, are deemed to be amount designated for fringe benefits, where appropriate), constructively made or incurred during such weekly period. HUD or its designee shall refer the questions, including Sucn laborers and mechanics shall be paid the appropriate the views of all interested parties and the recommendation wage rate and fringe benefits on the wage determination of HUD or its designee, to the Administrator for for the classification of work actually performed. without determination The Administrator, or an authorized regard to skill, except as provided in 29 CFR 5.5(a)(4), representative, will issue a determination within 30 days of Laborers or mechanics performing work in more than one receipt and so advise HUD or its designee or will notify classification may be compensated at the rate specified for HUD or its designee within the 30-day period that each classification for the time actually worked therein: additional time is necessary. (Approved by the Office of Provided. That the employer's payroll records accurately Management and Budget under OMB Control Number set forth the time spent in each classification in which 1215-0140 ) work is performed. The wage determination (including any (d) The wage rate (including fringe benefits where additional classification and wage rates conformed under appropriate) determined pursuant to subparagraphs 29 CFR 5.5(a)(1)(ii) and the Davis-Bacon poster (WH- (1)(ii)(b) or (c) of this paragraph, shall be paid to all 1321) shall be posted at all times by the contractor and its workers performing work in the classification under this subcontractors at the site of the work in a prominent and contract from the first day on which work is performed in accessible, place where it can be easily seen by the the classification. workers (iii) Whenever the minimum wage rate prescribed in the (ii) (a) Any class of laborers or mechanics which is not contract for a class of laborers or mechanics includes a listed in the v.,age determination and which is to be fringe benefit which is not expressed as an hourly rate, the employed under the contract shall be classified in contractor shall either pay the benefit as slated in the conformance with the wage determination. HUD shall wage determination or shall pay another bona fide fringe approve an additional classification and wage rate and benefit or an hourly cash equivalent thereof. fringe benefits therefor only when the following criteria have been met: (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part

form HUD-4010 0612009) Previous editions are obsolete Page 1 of 5 ref. Handbook 1344.1

CDSP-1 9 of the wages of any laborer or mechanic the amount of any communicated in writing to the laborers or mechanics costs reasonably anticipated in providing bona fide fringe affected, and records which show the costs anticipated or benefits under a plan or program, Provided, That the the actual cost incurred in providing such benefits. Secretary of Labor has found, upon the written request of Contractors employing apprentices or trainees under the contractor, that the applicable standards of the Davis- approved programs shall maintain written evidence of the Bacon Act have been met_ The Secretary of Labor may registration of apprenticeship programs and certification of require the contractor to set aside in a separate account trainee programs, the registration of the apprentices and assets for the meeting of obligations under the plan or trainees, and the ratios and wage rates prescribed in the program. (Approved by the Office of Management and applicable programs. {Approved by the Office of Budget under OMB Control Number 1215-0140 ) Management and Budget under OMB Control Numbers 2. Withholding. HUD or its designee shall upon its own 1215-0140 and 1215-0017 ) action or upon written request of an authorized (ii) (a) The contractor shall submit weekly for each week iepiesentative of the Department of Labor withhold or in which any contract work is performed a copy of all cause to be withheld from the contractor under this payrolls to HUD or its designee if the agency is a party to contract or any other Federal contract with the same prime the contract, but if tne agency is not such a party, the contractor, or any other Federally-assisted contract contractor will submit the payrolls to the applicant subject to Davis-Bacon prevailing wage requirements, sponsor, or owner, as the case may be, for transmission to which is held by the same prime contractor so much of the HUD or its designee. The payrolls submitted shall set out accrued payments or advances as may be considered accurately and completely all of the information required necessary to pay laborers and mechanics, including to he maintained under 29 CFR 5 5(a)(3)(i) except that full apprentices, trainees and helpers, employed by the social security numbers and home addresses shall not be contractor of any subcontractor the full amount of wages included on weekly transmittals. Instead the payrolls shall required by the contract In the event of failure to pay any only need to include an individually identifying number for laborer or mechanic, including any apprentice, trainee or each employee (e.g , the last four digits of the employee's helper, employed or working on the site of the work, all or social security number). The required weekly payroll part of the wages required by the contract, HUD or its information may be submitted in any form desired. designee may, after written notice to the contractor, Optional Form WH-347 is available for this purpose from sponsor. applicant, or owner, take such action as may be the Wage and Hour Division Web site at necessary to cause the suspension of any further doi_i.20v.-e v..infirarrri.:;/;14i347inmr.tirrn or its payment, advance, or guarantee of funds until such successor site. The prime contractor is responsible for violations have ceased. HUD or its designee may, after the submission of copies of payrolls by all subcontractors written notice to the contractor, disburse such amounts Contractors and subcontractors shall maintain the full withheld for and on account of the contractor or social security number and current address of each subcontractor to the respective employees to whom they covered worker, and shall provide them upon request to are due The Comptroller General shall make such HUD or its designee if the agency is a party to the disbursements in the case of direct Davis-Bacon Act contract, but if the agency is not such a party, the contracts. contractor will submit the payrolls to the applicant 3. (i) Payrolls and basic records. Payrolls and basic sponsor or owner, as the case may be, for transmission to records relating thereto shall be maintained by the HUD or its designee, the contractor, or the Wage and Hour contractor during the course of the work preserved for a Division of the Department of Labor for purposes of an period of three years thereafter for all laborers and investigation or audit of compliance with prevailing wage mechanics working at the site of the work. Such records requirements. It is not a violation of this subparagraph for shall contain the name, address, and social security a prime contractor to require a subcontractor to provide number of each such worker, his or her correct addresses and social security numbers to the prime classification, hourly rates of wages paid (including rates contractor for its own records, without weekly submission of contributions or costs anticipated for bona fide fringe to HUD or its designee. (Approved by the Office of benefits or cash equivalents thereof of the types described Management and Budget under OMB Control Number in Section 1(b)(2)(B) of the Davis-bacon Act), daily and 1215-0149) weekly number of hours worked, deductions made and (b) Each payroll submitted shall be accompanied by a actual wages paid. Whenever the Secretary of Labor has 'Statement of Compliance,' signed by the contractor or found under 29 CFR 5.5 (a)(1)(iv) that the wages of any subcontractor or his or her agent who pays or supervises laborer or mechanic include the amount of any costs the payment of the persons employed under the contract reasonably anticipated in providing benefits under a plan and shall certify the following: or program described in Section 1(1))(2)(B) of the Davis- (1) That the payroll for the payroll period contains the Bacon Act, the contractor shall maintain records which information required to be provided under 29 CFR 5 5 show that the commitment to provide such benefits is (a)(3)(ii), the appropriate information is being maintained enforceable, that the plan or program is financially under 29 CFR 5.5(a)(3)(i), and that such information is responsible, and that the plan or program has been correct and complete; Previous editions are obsolete form HUD-4010 (06/2009) Page 2 of 5 ref_ Handbook 1344.1

CDSP-20 (2) That each laborer or mechanic (including each helper, is not registered or otherwise employed as stated above, apprentice. and trainee) employed on the contract during shall be paid not less than the applicable wage rate on the the payroll period has been paid the full weekly wages wage determination for the classification of work actually earned, without rebate, either directly or indirectly, and performed. In addition, any apprentice performing work on that no deductions have been made either directly or the job site in excess of the ratio permitted under the inairectly from the full wages earned, other than registered program shall be paid not less than the permissible deductions as set forth in 29 CFR Part 3; applicable wage rate on the wage determination for the (3) That each laborer or mechanic has been paid not less work actually performed_ Where a contractor is performing than the applicable wage rates and fringe benefits or cash construction on a project in a locality other than that in equivalents for the classification of work performed, as which its program is registered, the ratios and wage rates specified in the applicable wage determination (expressed in percentages of the journeyman's hourly incorporated into the contract, rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice (c) The weekly submission of a properly executed must be paid at not less than the rate specified in the certification set forth on the reverse side of Optional Form registered program for the apprentice's level of progress, WH-347 shall satisfy the requirement for submission of the expressed as a percentage of the journeymen hourly rate "Statement of Compliance" required by subparagraph specified in the applicable wage determination. A.3.(1i)(b). Apprentices shall he paid fringe benefits in accordance (d) The falsification of any of the above certifications may with the provisions of the apprenticeship program. If the subject the contractor or subcontractor to civil or criminal apprenticeship program does not specify fringe benefits, prosecution under Section 1001 of Title 18 and Section apprentices must be paid the full amount of fringe benefits 231 of Title 31 of the United States Code_ listed on the wage determination for the applicable (iii) The contractor or subcontractor snail make the classification. If the Administrator determines that a records required under subparagraph A.3,(1) available for different practice prevails for the applicable apprentice inspection, copying, or transcription by authorized classification, fringes shall be paid in accordance with that representatives of HUD or tts designee or the Department determination. In the event the Office of Apprenticeship of Labor, and shall permit such representatives to Training, Employer and Labor Services, or a State interview employees during working hours on the job. If Apprenticeship Agency recognized by the Office, the contractor or subcontractor fails to submit the required withdraws approval of an apprenticeship program, the records or to make them available, HUD or its designee contractor will no longer be permitted to utilize may, after written notice to the contractor, sponsor, apprentices at less than the applicable predetermined rate applicant or owner, take such action as may be necessary for the work performed until an acceptable program is to cause the suspension of any further payment, advance, approved or guarantee of funds. Furthermore, failure to submit the (ii) Trainees. Except as provided in 29 CFR 5.16, required records upon request or to make such records trainees will not he permitted to work at less than the available may be grounds for debarment action pursuant to predetermined rate for the work performed unless they are 29 CFR 5 12. employed pursuant ',to and individually registered in a 4. Apprentices and Trainees. program which has received prior approval, evidenced by (i) Apprentices, Apprentices will be permitted to work at formal certification by the U S. Department of Labor., less than the predetermined rate for the work they Employment and Training Administration_ The ratio of trainees to journeymen on the performed when they are employed pursuant to and job site shall not he greater than permitted under the plan individually registered in a bona fide apprenticeship approved by the program registered with the U.S. Department of Labor, Employment and Training Administration. Every trainee Employment and Training Administration. Office of must be paid at not less than the rate specified in the Apprenticeship Training, Employer and Labor Services, or approved program for the trainee's level of progress, expressed as a percentage of with a State Apprenticeship Agency recognized by the the journeyman hourly rate Office, or if a person is employed in his or her first 90 specified in the applicable wage determination. Trainees days of probationary employment as an apprentice in such shall be paid fringe benefits in accordance with the an apprenticeship program, who is not individually provisions of the trainee program. If the trainee program registered in the program. but who has been certified by does not mention fringe benefits, trainees shall be paid the full amount of the Office of Apprenticeship Training, Employer and Labor fringe benefits listed on the wage Services or a State Apprenticeship Agency (where determination unless the Administrator of the Wage and appropriate) to be eligible for probationary employment as Hour Division determines that there is an apprenticeship an apprentice The allowable ratio of apprentices to program associated with the corresponding journeyman journeymen on the job site in any craft classification shall wage rate on the wage determination which provides for not be greater than the ratio permitted to the contractor as less than full fringe benefits for apprentices. Any employee listed on the payroll to the entire work force under the registered program. Any at a trainee rate who is not worker listed on a payroll at an apprentice wage rate, who registered and participating in a training plan approved by Previous editions are obsolete form HUD-4010 (06/2009) Page 3 of 5 ref. Handbook 1344.1

CDSP-21 the Employment and Training Administration shall be paid awarded HUD contracts or participate in HUD programs not less than the applicable wage rate on the wage pursuant to 24 CFR Part 24. determination for the work actually performed In addition, (ii) No part of this contract shall be subcontracted to any any trainee performing work on the job site in excess of person or firm ineligible for award of a Government the ratio permitted under the registered program shall be contract by virtue of Section 3(a) of the Davis-Bacon Act paid not less than the applicable wage rate on the wage or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or determination for the work actually performed. In the participate in HUD programs pursuant to 24 CFR Part 24. and Training Administration event the Employment (iii) The penalty for making false statements is prescribed withdraws approval of a training program, the contractor in the U_S. Criminal Code, 18 U.S.C. 1001. Additionally, will no longer be permitted to utilize trainees at less than U.S. Criminal Code. Section 1 01 0, Title 18, U.S.C., the applicable predetermined rate for the work performed "Federal Housing Administration transactions", provides in until an acceptable program is approved. part: 'Whoever, for the purpose of . . . influencing in any (iii) Equal employment opportunity. The utilization of way the action of such Administration makes, utters or apprentices, trainees and journeymen under 29 CFR Part 5 publishes any statement knowing the same to be false._ shall be in conformity with the equal employment shall be fined not more than $5,000 or imprisoned not opportunity requirements of Executive Order 11246, as more than two years or both.' amended, and 29 CFR Part 30. 11. Complaints, Proceedings, or Testimony by 5. Compliance with Copeland Act requirements. The Employees. No laborer or mechanic to whom the wage. contractor snarl comply with the requirements of 29 CFR salary, or other labor standards provisions of this Contract Part 3 which are incorporated by reference in this contract are applicable shall be discharged or in any other manner 6. Subcontracts. The contractor or subcontractor will discriminated against by the Contractor or any insert in any subcontracts the clauses contained in subcontractor because such employee has filed any subparagraphs 1 through 11 in this paragraph A and such complaint or instituted or caused to be instituted any other clauses as HUD or its designee may by appropriate proceeding or has testified or is about to testify in any instructions require, and a copy of the applicable proceeding under or relating to the labor standards prevailing wage decision, and also a clause requiring the applicable under this Contract to his employer. subcontractors to include these clauses in any tower tier B. Contract Work Hours and Safety Standards Act. The subcontracts. The prime contractor shall be responsible provisions of this paragraph B are applicable where the amount of the for the compliance by any subcontractor or lower tier prime contract exceeds $100,000. As used in this paragraph, the subcontractor with all the contract clauses in this terms laborers" and "mechanics' include watchmen and guards. paragraph_ (1) Overtime requirements. No contractor or subcontractor 7. Contract termination; debarment. A breach of the contracting for any part of the contract work which may require or contract clauses in 29 CFR 5.5 may be grounds for involve the employment of laborers or mechanics shall require or termination of the contract and for debarment as a permit any such laborer or mechanic in any workweek in which the contractor and a subcontractor as provided in 29 CFR individual is employed on such work to work in excess of 40 hours in 5.12. such workweek unless such laborer or mechanic receives 8. Compliance with Davis-Bacon and Related Act Requirements. compensation at a rate not less than one and one-half times the basic All rulings and interpretations of the Davis-Bacon and rate of pay for all hours worked in excess of 40 hours in such Related Acts contained in 29 CFR Parts 1, 3, and 5 are workweek. herein incorporated by reference in this contract (2) Violation; liability for unpaid wages; liquidated 9. Disputes concerning labor standards. Disputes damages. In the event of any violation of the clause set arising out of the labor standards provisions of this forth in subparagraph (1) of this paragraph, the contractor contract shall not be subject to the general disputes and any subcontractor responsible therefor shall be liable clause of this contract. Such disputes shall he resolved in for the unpaid wages. In addition, such contractor and accordance with the procedures of the Department of subcontractor shall be liable to the United States (in the Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes case of work done under contract for the District of within the meaning of this clause include disputes between Columbia or a territory, to such District or to such the contractor (or any of its subcontractors) and HUD or territory), for liquidated damages. Such liquidated its designee, the U.S Department of Labor, or the damages shall be computed with respect to each individual employees or their representatives. laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in 10. (i) Certification of Eligibility. By entering into this subparagraph (1) of this paragraph, in the sum of $10 for each contract the contractor certifies that neither it (nor he or calendar day on which such individual was required or permitted to she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to he work in excess of the standard workweek of 40 hours without payment awarded Government contracts by virtue of Section 3(a) of of the overtime wages required by the clause set forth in sub (1) of this paragraph. the Davis-Bacon Act or 29 CFR 5.12(a)(1) or to be paragraph

Previous editions are obsolete form HUD-4010 (06/2009) Page 4 of 5 ref. Handbook 1344.1

CDSP-22 (3) Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally-assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation_ (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et sea_ (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions_

Previous editions are obsolete form HUD-4010 (06/2009) Page 5 of 5 ref. Handbook 1344.1

CDSP-23 "General Decision Number: IA20200028 06/12/2020

State: Iowa

Construction Types: Heavy and Highway

Counties: Adair, Adams, Allamakee, Appanoose, Audubon, Benton, Black Hawk, Boone, Bremer, Buchanan, Buena Vista, Butler, Calhoun, Carroll, Cass, Cedar, Cerro Gordo, Cherokee, Chickasaw, Clarke, Clay, Clayton, Clinton, Crawford, Dallas, Davis, Decatur, Delaware, Des Moines, Dickinson, Dubuque, Emmet, Fayette, Floyd, Franklin, Fremont, Greene, Grundy, Guthrie, Hamilton, Hancock, Hardin, Harrison, Henry, Howard, Humboldt, Ida, Iowa, Jackson, Jasper, Jefferson, Johnson, Jones, Keokuk, Kossuth, Lee, Linn, Louisa, Lucas, Lyon, Madison, Mahaska, Marion, Marshall, Mills, Mitchell, Monona, Monroe, Montgomery, Muscatine, O'Brien, Osceola, Page, Palo Alto, Plymouth, Pocahontas, Polk, Pottawattamie, Poweshiek, Ringgold, Sac, Shelby, Sioux, Story, Tama, Taylor, Union, Van Buren, Wapello, Warren, Washington, Wayne, Webster, Winnebago, Winneshiek, Woodbury, Worth and Wright Counties in Iowa.

EXCLUDES SCOTT COUNTY

HEAVY AND HIGHWAY CONSTRUCTION PROJECTS

Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.80 for calendar year 2020 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, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.80 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 calendar year 2020. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the E0 minimum wage rate,if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to

CDSP-24 the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts.

Modification Number Publication Date 0 06/12/2020

SUIA2020-001 10/18/2017

Rates Fringes

Carpenter & Piledrivermen ZONE 1 $ 28.52 14.08 ZONE 2 $ 26.73 14.08 ZONE 3 $ 26.73 14.08 ZONE 4 $ 26.25 11.50 ZONE 5** $ 25.15 9.90

CONCRETE FINISHER ZONE 1 $ 28.10 7.40 ZONE 2 $ 28.10 7.40 ZONE 3 $ 28.10 7.40 ZONE 4 $ 25.45 6.40 ZONE 5 $ 24.40 6.40

ELECTRICIAN (STREET AND HIGHWAY LIGHTING AND TRAFFIC SIGNALS) ZONE 1, 2, AND 3 $ 25.05 6.80 ZONE 4 $ 23.75 6.80 ZONE 5 $ 21.60 6.80

IRONWORKER (SETTING OF STRUCTURAL STEEL) ZONE 1 $ 31.50 10.90 ZONE 2 $ 29.41 10.90 ZONE 3 $ 29.41 11.20 ZONE 4 $ 27.35 9.90 ZONE 5** $ 25.50 9.45

CDSP-25

LABORER ZONE 1, 2 AND 3 GROUP A $ 23.75 9.68 GROUP AA $ 26.13 9.68 GROUP B $ 21.90 9.68 GROUP C $ 18.82 9.68 ZONE 4 GROUP A $ 21.27 9.08 GROUP B $ 19.95 9.08 GROUP C $ 17.07 9.08 ZONE 5 GROUP A $ 21.77 7.63 GROUP B $ 19.27 7.63 GROUP C $ 18.42 7.63

POWER EQUIPMENT OPERATOR ZONE 1 GROUP A $ 32.55 14.90 GROUP B $ 31.00 14.90 GROUP C $ 28.50 14.90 GROUP D $ 28.50 14.90 ZONE 2 GROUP A $ 31.85 14.90 GROUP B $ 30.25 14.90 GROUP C $ 27.70 14.90 GROUP D $ 27.70 14.90 ZONE 3 GROUP A $ 29.70 24.65 GROUP B $ 27.90 24.65 GROUP C $ 26.90 24.65 GROUP D $ 26.90 24.65 ZONE 4 GROUP A $ 31.05 12.50 GROUP B $ 29.91 12.50 GROUP C $ 27.83 12.50 GROUP D $ 27.83 12.50 ZONE 5 GROUP A $ 28.02 10.70 GROUP B $ 26.98 10.70 GROUP C $ 25.25 10.70 GROUP D $ 24.25 10.70

CDSP-26

TRUCK DRIVER (AND PAVEMENT MARKING DRIVER/SWITCHPERSON) ZONE 1 $ 24.45 11.15 ZONE 2 $ 24.45 11.15 ZONE 3 $ 24.45 11.15 rakers; rodman (tying reinforcing steel); sandblaster; seeding and mulching; sewer utility topman/bottom man; spaders; stressor or stretcherman on pre or post tensioned concrete; stringman on re/surfacing/no grade control; swinging stage, tagline, or block and tackle; tampers; timberman; tool room men and checkers; tree climber; tree groundman; underpinning and shoring caissons over twelve feet deep; vibrators; walk behind trencher; walk behind paint stripers; walk behind vibrating compactor; water pumps (under three inch); work from bosun chair.

GROUP C - Scale weigh person; traffic control/flagger, surveillance or monitor; water carrier.

POWER EQUIPMENT OPERATOR CLASSIFICATIONS - ALL ZONES GROUP A - All terrain (off road) forklift; asphalt breakdown roller (vibratory); asphalt laydown machine; asphalt plant; asphalt screed; bulldozer (finish); central mix plant; concrete pump; crane; crawler tractor pulling scraper; directional drill (60,000 (lbs) pullback and above); dragline and power shovel; dredge engineer; excavator (over 4> cu. yd.); front end loader (4 cy and over); horizontal boring machine; master mechanic; milling machine (over 350 hp); motor grader (finish); push cat; rubber tired backhoe (over 40 cu. yd.); scraper (12 cu. yd. and over or finish); Self-propelled rotary mixer/road reclaimer; sidebroom tractor; slipform portland concrete paver; tow or push boat; trenching machine (Cleveland 80 or similar)

GROUP B - Articulated off road hauler, asphalt heater/planer; asphalt material transfer vehicle; asphalt roller; belt loader or similar loader; bulldozer (rough); churn or rotary drill; concrete curb machine; crawler tractor pulling ripper, disk or roller; deck hand/oiler; directional drill (less than 60,000 (lbs) pullback);

CDSP-28

distributor; excavator (1/2 cu. yd. and under); form riding concrete paver; front end loader (2 to less than 4 cu. yd.); group equipment greaser; mechanic; milling machine (350 hp. and less); paving breaker; portland concrete dry batch plant; rubber tired backhoe (1/2 cu. yd. and under); scraper (under 12 cu. yd.); screening, washing and crushing plant (mobile, portable or stationary); shoulder machine; skid loader (1 cu. yd. and over); subgrader or trimmer; trenching machine; water wagon on compaction. GROUP C Boom & winch truck; concrete spreader/belt placer; deep wells for dewatering; farm type tractor (over 75 hp.) pulling disc or roller; forklift; front end loader (under 2 cu. yd.); motor grader (rough); pile hammer power unit; pump (greater than three inch diameter); pumps on well points; safety boat; self-propelled roller (other than asphalt); self-propelled sand blaster or shot blaster, water blaster or striping grinder/remover; skid loader (under 1 cu. yd.); truck mounted post driver.

GROUP D - Boiler; compressor; cure and texture machine; dow box; farm type or utility tractor (under 75 hp.) pulling disk, roller or other attachments; group greaser tender; light plants; mechanic tender; mechanical broom; mechanical heaters; oiler; pumps (under three inch diameter); tree chipping machine; truck crane driver/oiler.

** CARPENTERS AND PILEDRIVERMEN, or IRONWORKERS (ZONE 5) Setting of structural steel; any welding incidental to bridge or culvert construction; setting concrete beams.

* ADDED CRAFT - SIGN ERECTOR

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

CDSP-29 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 he 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 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) (ii)).

The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers' that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers

A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number

CDSP-30 where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers

Classifications listed under the 'SU' identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of 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. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier.

CDSP-3 1

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

• an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of 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. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers

CDSP-31

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:

an existing published wage determination a survey underlying a wage determination a Wage and Hour Division letter setting forth a position on a wage determination matter a conformance (additional classification and rate) ruling

On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write 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 the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

CDSP-32

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 by 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 Certification Regarding Lobbying

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, — Disclosure Form to Report Lobbying'' in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Executed this day of , 202°.

BY: ture of author d official

aq/ Title of authorized official

CDSP-34 PART G CERTIFICATION OF NONDISCRIMINATION

TO: (Employees of Contractors)

The undersigned currently holds contract(s) with (Name of Applicant) involving funds or credit of the U.S. Government or (a) subcontract(s) with a prime Contractor holding such contract(s).

You arc advised that under the provisions of the above contract(s) or subcontract(s) and in accordance with Executive Order 1 1246, Section 202, as amended, the undersigned is obliged not to discriminate against any employee or applicant for employment because of race, color, creed, or national origin. This obligation not to discriminate in employment includes, but is not limited to the f011owing:

Hiring, Placement, Upgrading, Transfer to Demotion, Recruitment, Advertising, or Solicitation for Employment Training during Employment, Rates of Pay or Other Forms of Compensation, Selection for Training Including Apprenticeship, Layoff or Termination.

This notice is furnished you pursuant to the provisions of the above contract(s) or subcontract(s) and Executive Order 11246.

Copies of this notice will be posted by the undersigned in conspicuous places available to employees or applicants for employment.

(Contractor or SubContractor)

(Date)

CDSP-35 PART H ELIMINATION OF SEGREGATED FACILITIES

Prior to the award of any nonexempt government contract or subcontract or Federally assisted construction contract or subcontract, the Department or the applicant shall require the prospective prime Contractor, and each prime Contractor and subcontractor shall require each subcontractor to submit a certification, in the form approved by the Director, that the prospective prime Contractor or subcontractor does not and will not maintain any facilities he provides for his employees in a segregated manner, or permit his employees to perform their services at any location under his control where segregated facilities are maintained; and that he will obtain a similar certification in the form approved by the Director, prior to the award of any nonexempt subcontract.

NONSEGREGATED FACILITIES CERTIFICATION

The Contractor certifies that he does not and will not maintain any facilities he provides for his employees in a segregated manner, or permit his employees to perform their services at any location under his control where segregated facilities are maintained; and that he will obtain a certification similar to this one, prior to the award of any nonexempt subcontract.

As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color or national origin, because of habit, local custom, or otherwise. The Federally assisted construction Contractor agrees that (except where he has obtained identical certifications from proposed subcontractors from specific time periods) he will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files.

re) (Date) fl'n -6 ( 2 (Typed Name and Title of Signer)

NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

CDSP-36

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: December 14, 2020 ACTION ITEM # 11A FROM: Don Trometer, Risk Manager

Resolution approving partial settlement of a worker’s compensation claim SUBJECT: and authorizing payment thereof (Murphy)

Department Finance De- City City Man- Reviewed By: x x x x Director partment Attorney ager

RECOMMENDATION: Staff respectfully request the City Council approve partial settlement of a worker’s compensation claim with Thomas Murphy.

DISCUSSION: On January 27, 2017, Thomas Murphy slipped and fell in an icy parking lot and sustained injury to his right knee. Staff is recommending paying a partial worker’s compensation claim as follows:

220 weeks x 37% = 81.4 weeks x PPD Rate of $876.57 = $71,352.00 plus interest of $403.67 for a total payment of $71,755.67.

FINANCIAL IMPACT: Reduce the worker’s compensation fund by $71,755.67.

RELATIONSHIP TO STRATEGIC PLAN: N/A

ALTERNATIVES: Litigation

ATTACHMENTS: Resolution

RESOLUTION NO. 2020 - ______

RESOLUTION APPROVING PARTIAL SETTLEMENT OF A WORKER’S COMPENSATION CLAIM AND AUTHORIZING PAYMENT THEREOF (MURPHY)

WHEREAS, a worker’s compensation claim was filed against the City of Sioux City, Iowa by Thomas Murphy resulting from an injury sustained on January 27, 2017; and

WHEREAS, the City Council has been advised and does believe that it will be in the best interests of the City to compromise and partially settle said worker’s compensation claim.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that said worker’s compensation claim be partially settled and the Director of Finance be and she is authorized and directed to issue a check from the appropriate fund in the amount of $71,755.67 payable to Thomas Murphy.

PASSED AND APPROVED: December 14, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: December 14, 2020 ACTION ITEM # 11B FROM: Don Trometer, Risk Manager

Resolution approving settlement of a tort claim and authorizing payment SUBJECT: thereof (Knudsen)

Department Finance De- City City Man- Reviewed By: x x Director partment Attorney ager

RECOMMENDATION: Staff respectfully request the City Council approve settlement of a vehicle damage claim.

DISCUSSION: On November 11, 2020, a snowplow slid down the steep, icy hill in the 3300 block of Vine Av- enue and struck a parked 2016 Honda Accord owned by Darrin Knudsen. Damages agreed to with B Street Collision Centers Chalco, Inc. are $6,563.25.

FINANCIAL IMPACT: Reduce the tort fund by the amount of settlement.

RELATIONSHIP TO STRATEGIC PLAN: N/A

ALTERNATIVES: Litigation

ATTACHMENTS: Resolution

RESOLUTION NO. 2020 - ______

RESOLUTION APPROVING SETTLEMENT OF A TORT CLAIM AND AUTHORIZING PAYMENT THEREOF (KNUDSEN)

WHEREAS, a claim was filed against the City of Sioux City, Iowa by Darrin Knudsen resulting from an accident in the 3300 block of Vine Avenue occurring on November 11, 2020; and

WHEREAS, the City Council has been advised and does believe that it will be in the best interests of the City to compromise and settle said claim without admitting liability.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that said claim be settled and the Director of Finance be and she is authorized and directed to issue a check from the appropriate fund in the amount of $6,563.25 payable to B Street Collision Centers Chalco, Inc. of Omaha, Nebraska.

BE IT FURTHER RESOLVED that said check be delivered to the Legal Department and that the City Attorney secure necessary releases and thereafter deliver the check.

PASSED AND APPROVED: December 14, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: December 14, 2020 ACTION ITEM # 11C Stan LaFave, Facilities Maintenance Supervisor FROM: Mike Collett, Assistant City Manager

Resolution accepting the work and authorizing final payment to C. W. Suter SUBJECT: & Son, Inc. of Sioux City, Iowa for the City Hall Variable Air Volume (VAV) Replacement Project (Project No. 7058-889-001)

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests the City Council approve the attached resolution accepting the work and authorizing final payment in the amount of $11,284.10 now and $24,928.38 in 30 days to C. W. Suter & Son, Inc. of Sioux City, Iowa for the City Hall Variable Air Volume (VAV) Replace- ment Project (Project No. 7058-889-001).

DISCUSSION: A contract was awarded to C. W. Suter & Son, Inc. on February 10, 2020, pursuant to Resolu- tion No. 2020-0124, in the amount of $485,455.00 for the construction of the City Hall Variable Air Volume (VAV) Replacement Project. This project included the removal and replacement of existing fan powered VAVs and reheat VAVs.

Below is a summary of the project:

Original Contract Amount: $485,455.00

Construction Change Order No. 1: $7,010.00 Revision to second floor VAVs with addition of VAV 207.

Construction Change Order No. 2: $6,102.00 Install new 60A circuit to FP-220-C, install new circuit to FP-165, Place FP-203 and FP-204 on separate circuits, install wall grille and rebalance FP-108, install new circuits for FP-301A, FP- 300, FP-301B, FP-31 & FP-409, Retain FP-26, Install ductwork for FP-2.

Final Construction Cost: $498,567.00 The final construction cost for this project is $498,567.00 which is 2.7% or $13,112.00 above the original contract amount.

Retainage held is 5% of the total project or $24,928.38. This will be paid in thirty (30) days, leaving the current payment due of $11,284.10.

FINANCIAL IMPACT: This project is funded using CIP No. 899-001 “Annual City Building Repair”

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Infrastructure Focus Area – Grow Sioux City

ALTERNATIVES: None

ATTACHMENTS: Resolution Construction Change Order No. 1 Construction Change Order No. 2 Application and Certificate for Payment No. 8 Application and Certificate for Payment No. FINAL

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION ACCEPTING THE WORK AND AUTHORIZING FINAL PAYMENT TO C. W. SUTER & SON, INC. OF SIOUX CITY, IOWA FOR THE CITY HALL VARIABLE AIR VOLUME (VAV) REPLACEMENT PROJECT (PROJECT NO. 7058-889-001).

WHEREAS, on February 10, 2020, Sioux City, Iowa, entered into a contract with C. W. Suter & Son, Inc. of Sioux City, Iowa for the City Hall Variable Air Volume (VAV) Replacement Project ("the project") within the City as therein described; and

WHEREAS, said contractor has satisfactorily completed the construction of the project in accordance with the terms and conditions of said contract and the plans and specifications as shown by the Application for Payment filed with the City Clerk on December 14, 2020, and attached hereto and made a part hereof; and

WHEREAS, in accordance with the terms of the contract, the contractor is entitled to final payment, providing no liens have been filed against the work.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA:

A. The said Application for Payment, be, and the same is hereby approved and adopted and the project is hereby approved and accepted as having been fully completed in accordance with the said plans and specifications and contract and the total project cost of the project under said contract is hereby determined to be $498,567.00 as shown in said Application for Payment.

B. The Director of Finance be, and she is hereby authorized and directed to issue a check in the amount of $11,284.10 now and in the amount of $24,928.38 in thirty days provided there are no liens or claims against retainage on file, payable from the appropriate fund in favor of C. W. Suter & Son, Inc. of Sioux City, Iowa for the construction of the project.

PASSED AND APPROVED: December 14, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

CONSTRUCTION CHANGE ORDER 1

Sioux City, Iowa City of Sioux City City Hall VAV Replacement I own Institution Project

To: CW Suter Project ID: BS19052 Contractor 2205 4th St Contract: 24-Feb-20 Sioux City, Iowa 51101 address Date: 9-Jun-20

You are hereby authorized and directed to make the changes to your contract with the City of Sioux City covering the above project, as described below:

RFP1 Revision to second floor VAVs with addtion of VAV 207 $ 7,010.00

For the labor, material and any other necessary costs to make the change or for omitting labor and material and any other costs, you will be allowed the additions or deductions to the amount of your contract as

CONTRACT AMOUNT TO DATE $485,455.00

ADDITION TO CONTRACT $7,010.00

DEDUCTION FROM CONTRACT

NET CONTRACT AMOUNT $492.465.00

It is hereby understood that the provisions of the contract will not be otherwise changed or affected by this order

RECOMMENDED BY: CITY OF SIOUX West Plains Engineering ,*8 //0/0 0 Architect/Engineer (Date)

By: Connor Swiontek Stan LaFave (Date) Facilities Maintenance Supervisor / Project Manager ACCEPTED BY: CW Suter Contractor By: sc. '91,1.4141 WZOZO (Date) M i+61,4-1 Connor Swionter

Joe Mitchell APPLICATION FOR PAYMENT Page 1 of 2 Pages

TO OWNER: CITY OF SIOUX CITY PROJECT: CITY HALL VAV REPLACEMENT APPLICATION NO.: 08 Distribution to: ❑ CONTRACTOR PO BOX 447 405 6TH ST PERIOD TO: 10/25/2020 El ARCHITECT SIOUX CITY, IA 51101 SIOUX CITY, IA 51102-0447 PROJECT NO.: 1201024 ID SUBCONTRACTOR PURCHASE ORDER NO.: FROM CONTRACTOR: CW Suter Services ARCHITECT: 1800 11th Street CONTRACT DATE: 2/24/2020 Sioux City, IA 51101 INVOICE NO.: JC8826 CONTRACTOR FOR: CITY HALL VAV REPLACEMENT

CONTRACTOR'S SUMMARY OF WORK Subcontractor's signature below is his assurance to Owner, concerning the payment herein applied for, that: (1) the Application is made for payment as shown below. Work has been performed as required in the Subcontract Documents, (2) all sums previously paid to Subcontractor Continuation Page is attached. under the Sub ontract have been used to pay Subcontractor's cost for labor, material and other obligations under the Subcontract f' Work previously paid for, and (3) Subcontractor is legally entitled to this payment. 1. ORIGINAL CONTRACT AMOUNT 485,455.00

2. SUM OF ALL CHANGE ORDERS 13,112.00 Contract• r : 3. CONTRACT AMOUNT TO DATE (Line 1 ± 2) 498,567.00 By: Date: 10/21/2020 498,567.00 4. TOTAL COMPLETED AND STORED TO DATE John Baker (Column G on Continuation Page) State of: 5.00% of Completed Work 24,928.38 5. a. County o 4•, (Column D & E on Continuation Page) ROBYN KRANZ Subscribe and sworn to before Commission Number 825832 My Commission Expires b. 5.00% of Stored Materials 0.00 day of Ow, June 18, 2023 (Column F on Continuation Page) me this kbe

Total Retainage (Lines 5a & 5b) 24,928.38 Notary Public: 6.TOTAL COMPLETED AND STORED LESS 473,638.62 My Commission RETAINAGE (Line 4 minus Line 5 Total) xPit (1 //)/ S 7. LESS PREVIOUS PAYMENT APPLICATIONS 462,354.52 ARCHITECT'S CERTIFICATION 11,284.10 In accordance with the Contract Documents, based on on-site observations and the data comprising this application, 8. PAYMENT DUE $ the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is 9. BALANCE TO COMPLETION 24,928.38 entitled to the payment of the AMOUNT CERTIFIED. (Line 3 minus Line 6) AMOUNT CERTIFIED $ I I 7,r t-1- (Attach explanation if amount certified differs from the amount applied for. Initial all figures on this Application and on CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS the Continuation Page that are changed to conform to amount certified.)

Total changes approved in previous $13,112.00 $0.00 ARCHI CT: Connor Swionter f 3 7c) months by Owner By: Date: ( Total approved this Month $0.00 $0.00 Neither this Application nor payment applied for herein is assignable or negotiable. Payment shall be made to Subcontractor, and is without prejudice to any rights of Owner or Subcontractor under the Subcontract Documents or TOTALS $13,112.00 $0.00 otherwise.

NET CHANGES by Change Order $13,112.00

CONTINUATION SHEET Page 2 of 2 Pages

APPLICATION AND CERTIFICATION FOR PAYMENT, APPLICATION NO.: 08 containing Contractors signed certification, is attached. APPLICATION DATE: 10/21/2020 PERIOD TO: 10/25/2020 INVOICE NO.: JC8826

A B C D E F G H I

WORK COMPLETED TOTAL MATERIALS COMPLETED FROM PREVIOUS PRESENTLY AND STORED BALANCE TO RETAINAGE ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE % APPLICATION THIS PERIOD STORED TO DATE FINISH

(D + E) (NOT IN D OR E) (D + E + F) (G + C) (C - G) 1 GENERAL CONDITIONS 12,136.00 12,136.00 0.00 0.00 12,136.00 100.00 0.00 606.80 2 MEP ROUGHIN 121,363.00 121,363.00 0.00 0.00 121,363.00 100.00 0.00 6,068.16 3 MEP EQUIPMENT 69,090.00 69,090.00 0.00 0.00 69,090.00 100.00 0.00 3,454.50 4 MEP FINISHES 29,203.00 29,203.00 0.00 0.00 29,203.00 100.00 0.00 1,460.15 5 TESTING & BALANCING 14,595.00 14,595.00 0.00 0.00 14,595.00 100.00 0.00 729.76 6 INSULATION 4,225.00 4,225.00 0.00 0.00 4,225.00 100.00 0.00 211.25 7 TEMPERATURE CONTROL 195,892.00 195,892.00 0.00 0.00 195,892.00 100.00 0.00 9,794.60 8 ELECTRICAL 35,310.00 35,310.00 0.00 0.00 35,310.00 100.00 0.00 1,765.51 9 BOND 3,641.00 3,641.00 0.00 0.00 3,641.00 100.00 0.00 182.05 10 CHANGE ORDER #1 7,010.00 0.00 7,010.00 0.00 7,010.00 100.00 0.00 350.50 11 CHANGE ORDER #2 853.00 0.00 853.00 0.00 853.00 100.00 0.00 42.65 12 CHANGE ORDER #3 937.00 0.00 937.00 0.00 937.00 100.00 0.00 46.85 13 CHANGE ORDER #4 1,629.00 0.00 1,629.00 0.00 1,629.00 100.00 0.00 81.45 14 CHANGE ORDER #5 274.00 0.00 274.00 0.00 274.00 100.00 0.00 13.70 15 CHANGE ORDER #6 1,234.00 1,234.00 0.00 0.00 1,234.00 100.00 0.00 61.70 16 CHANGE ORDER #7 1,175.00 0.00 1,175.00 0.00 1,175.00 100.00 0.00 58.75

Totals 498,567.00 486,689.00 11,878.00 0.00 498,567.00 0.00 24,928.38 APPLICATION FOR PAYMENT Page 1 of 2 Pages

TO OWNER: CITY OF SIOUX CITY PROJECT: CITY HALL VAV REPLACEMENT APPLICATION NO.: F( I— Distribution to: o CONTRACTOR PO BOX 447 405 6TH ST PERIOD TO: 13 ARCHITECT SIOUX CITY, IA 51101 SIOUX CITY, IA 51102-0447 PROJECT NO.: 1201024 111 SUBCONTRACTOR PURCHASE ORDER NO.: FROM CONTRACTOR: CW Suter Services ARCHITECT: 1800 11th Street CONTRACT DATE: 2/24/2020 Sioux City, IA 51101 INVOICE NO.: JC8915 CONTRACTOR FOR: CITY HALL VAV REPLACEMENT CONTRACTOR'S SUMMARY OF WORK Subcontractor's signature below is his assurance to Owner, concerning the payment herein applied for, that: (1) the Application is made for payment as shown below. Work has been performed as required in the Subcontract Documents, (2) all sums previously paid to Subcontractor Continuation Page is attached. under the Subcontract have been used to pay Subcontractor's cost for labor, material and other obligations under the Subcontract for Work previously paid for, and (3) Subcontractor is legally entitled to this payment. 1. ORIGINAL CONTRACT AMOUNT 485,455.00

2. SUM OF ALL CHANGE ORDERS 13,112.00 Contractor

3. CONTRACT AMOUNT TO DATE (Line 1 ± 2) 498,567.00 By: Date: 11/10/2020 498,567.00 4. TOTAL COMPLETED AND STORED TO DATE John Baker (Column G on Continuation Page) State of: 0.00 c, ROBYN KRANZ 5. a. 5.00% of Completed Work County o ° I. Commission Number 825832 (Column D & E on Continuation Page) Subscribed and sworn to before • My Commission Expires °w' June 18, 2023 b. 5.00% of Stored Materials 0.00 (Column F on Continuation Page) me this Iv titl day of V 1/riclb.Cr- Total Retainage (Lines 5a & 5b) 0.00 Notary Public: Z1/1 6.TOTAL COMPLETED AND STORED LESS My Commission Expire RETAINAGE (Line 4 minus Line 5 Total) 498,567.00 'AK? e 473,638.62 7. LESS PREVIOUS PAYMENT APPLICATIONS $ ARCHITECTS CERTIFICATION 24,928.38 In accordance with the Contract Documents, based on on-site observations and the data comprising this application, 8. PAYMENT DUE . the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is 9. BALANCE TO COMPLETION 0.00 entitled to the payment of the AMOUNT CERTIFIED. (Line 3 minus Line 6) AMOUNT CERTIFIED $ ".1 37 (Attach explanation if amount certified differs from the amount applied for Initial all figures on this Application and on CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS the Continuation Page that are changed to conform to amount certified.)

Total changes approved in previous $13,112.00 $0.00 ARCH CT: Connor Swionter months by Owner By: (,z4x Date: I l -30 Total approved this Month $0.00 $0.00 Neither this Application nor payment applied for herein is assignable or negotiable. Payment shall be made to Subcontractor, and is without prejudice to any rights of Owner or Subcontractor under the Subcontract Documents or TOTALS $13,112.00 $0.00 otherwise.

NET CHANGES by Change Order $13,112.00

CONTINUATION SHEET Page 2 of 2 Pages

APPLICATION AND CERTIFICATION FOR PAYMENT, APPLICATION NO.: containing Contractor's signed certification, is attached. APPLICATION DATE: 11/10/2020 PERIOD TO: INVOICE NO.: JC8915

A B C D E F G H I

WORK COMPLETED TOTAL MATERIALS COMPLETED FROM PREVIOUS PRESENTLY AND STORED BALANCE TO RETAINAGE ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE % APPLICATION THIS PERIOD STORED TO DATE FINISH

(D + E) (NOT IN D OR E) (D + E + F) (G ÷ C) (C - G) 1 GENERAL CONDITIONS 12,136.00 12,136.00 0.00 0.00 12,136.00 100.00 0.00 0.00 2 MEP ROUGHIN 121,363.00 121,363.00 0.00 0.00 121,363.00 100.00 0.00 0.00 3 MEP EQUIPMENT 69,090.00 69,090.00 0.00 0.00 69,090.00 100.00 0.00 0.00 4 MEP FINISHES 29,203.00 29,203.00 0.00 0.00 29,203.00 100.00 0.00 0.00 5 TESTING & BALANCING 14,595.00 14,595.00 0.00 0.00 14,595.00 100.00 0.00 0.00 6 INSULATION 4,225.00 4,225.00 0.00 0.00 4,225.00 100.00 0.00 0.00 7 TEMPERATURE CONTROL 195,892.00 195,892.00 0.00 0.00 195,892.00 100.00 0.00 0.00 8 ELECTRICAL 35,310.00 35,310.00 0.00 0.00 35,310.00 100.00 0.00 0.00 9 BOND 3,641.00 3,641.00 0.00 0.00 3,641.00 100.00 0.00 0.00 10 CHANGE ORDER #1 7,010.00 7,010.00 0.00 0.00 7,010.00 100.00 0.00 0.00 11 CHANGE ORDER #2 853.00 853.00 0.00 0.00 853.00 100.00 0.00 0.00 12 CHANGE ORDER #3 937.00 937.00 0.00 0.00 937.00 100.00 0.00 0.00 13 CHANGE ORDER #4 1,629.00 1,629.00 0.00 0.00 1,629.00 100.00 0.00 0.00 14 CHANGE ORDER #5 274.00 274.00 0.00 0.00 274.00 100.00 0.00 0.00 15 CHANGE ORDER #6 1,234.00 1,234.00 0.00 0.00 1,234.00 100.00 0.00 0.00 16 CHANGE ORDER #7 1,175.00 1,175.00 0.00 0.00 1,175.00 100.00 0.00 0.00

Totals 498,567.00 498,567.00 0.00 0.00 498,567.00 0.00 0.00

x Regular Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: December 14, 2020 ACTION ITEM # 11D Gordon Phair, City Engineer FROM: Justin Pottorff, Civil Engineer

Resolution accepting the work and authorizing final payment to RP Con- structors, LLC for the Military Road Reconstruction and Bridge Rehabilita- SUBJECT: tion Project, Iowa Department of Transportation Project No. STP-U- 7057(701)--70-97/BHM-7057(692)--8K-97(City Project No. 6755-719-354).

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests Council approve the resolution accepting the work and authorizing final payment in the amount of $0.00 now and $30,000 upon the completion of the project audit by the Iowa Department of Transportation (IDOT) payable to RP Constructors, LLC for the Military Road Reconstruction and Bridge Rehabilitation Project, Iowa Department of Transpor- tation Project No. STP-U-7057(701)--70-97/BHM-7057(692)--8K-97(City Project No. 6755- 719-354).

DISCUSSION: A contract was awarded to RP Constructors, LLC of North Sioux City, South Dakota on De- cember 20, 2018 under Resolution No. 2018-1020 for a contract amount of $6,958,892.13. The work has been completed and approved by City staff.

This project involved the replacement of the bridge deck on the Military Road Bridge, the reconstruction of Military Road from River Drive to Riverside Boulevard which included new paving, sidewalks, driveways, street lights, water mains, sanitary sewers, storm sewers, and service connections.

IDOT requires the acceptance of the project prior to the start of the project audit. The audit is not expected to be complete within 30 days of the project acceptance. Retainage on this project, like all other Federal Aid projects, cannot be paid out until the project audit has been completed.

Below is a summary of the project:

Original Contract Amount: $6,958,892.13

Change Order No. 1 Summary: $21,079.82 Change Order No.1 was previously approved by staff on August 7, 2019. This change order added new items for a new sanitary sewer manhole type and the removal of anchor lugs discovered during pavement removal.

Change Order No. 2 Summary: $11,134.28 Change Order No. 2 was previously approved by staff on October 28, 2019. This change order corrected several quantity errors between the design sheets and project quantities, additional payments to lower utilities in conflict, price adjustments for work out of specification, and additional testing required on the bridge girders following steel imperfections during weld testing. The steel imperfections were surface defects only and not structurally significant.

Change Order No. 3 Summary: -$41,410.58 Change Order No. 3 was previously approved by staff on December 18, 2019. This change order removed the outfall repair work due to ongoing high water on the project.

Change Order No. 4 Summary: $3,480.00 Change Order No. 4 was previously approved by staff on January 13, 2020. This change order added turf reinforcement matting to the project to prevent erosion on a steep bank near the bridge and sealed a communications vault uncovered during project construction.

Change Order No. 5 Summary: $21,615.42 Change Order No. 5 was previously approved by staff on August 10, 2020. This change order added items to replace unsuitable soils discovered during construction, additional structural steel placed on the bridge to reinforce the girders, and additional traffic signal work.

Change Order No. 6 Summary: $99,433.49 Change Order No. 6 was previously approved by staff on November 23, 2020. This change order completed project plan quantity adjustments for major project items and for item over/underruns in the amount of $50,000 or more, additional items for minor landscaping work, and a deduction for a non-compliant slump test.

Change Order No. 7 Summary: -$468.00 Change Order No. 7 was previously approved by staff on November 23, 2020. This change order replaced cracked pavement that the City required be replaced instead of allowing cross stitching which is allowed by the IDOT Construction Manual. Five working days were added for the concrete pavement replacement and nine working days were added due to delays related to COVID-19. Six liquidated damage days were charged as part of this change order.

Final Balancing Quantity Adjustment: -$247,342.56 IDOT does not require and will not approve balancing change orders to balance all project quantities. This balancing quantity adjustment will not be formally approved but is included for reference.

Final Construction Cost: $6,826,414.00 The final construction cost for this project is $6,826,414.00 which is 1.9% below the original contract amount.

FINANCIAL IMPACT: The rehabilitation of the Military Road Bridge over the Big Sioux River and the reconstruction of the roadway has multiple funding sources.

gram up to 80 percent of eligible costs to a total of $1,000,000, whichever is less. The total bridge funding is in the amount of $2,950,000. The reconstruction of Military Road from the bridge to Riverside Boulevard has been programmed for local funds in the amount of $1,425,000 in FY 2018 CIP 719-133 Annual Infra- structure Reconstruction which is funded through a transfer in sales tax infrastructure, water and sewer funds, general obligation bonds. Additional funds have been added to this by the Iowa of Department Transportation Surface Transportation Program up to 80 percent of eligible costs to a total of $1,325,000, whichever is less. The total roadway reconstruction funding is in the amount of $2,750,000.

Staff has worked with the City of North Sioux City, South Dakota on the 28E Agreement approved by Council on December 17, 2018 outlining the various participation responsibilities for the construction project.

The joint transfer agreement was approved by Council for the additional funding from the City of North Sioux City, South Dakota. North Sioux City, South Dakota will contribute $1,878,000.00 to the project based on the engineer’s estimated quantities. Final contributions based on unit bid prices and actual field measured quantities are $1,688,988.80.

To better track the federal funds and project specific expenditures, the unique CIP number 719-354 was created.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility-Infrastructure Focus Area-Grow Sioux City

ALTERNATIVES: Council can choose to not accept the work and Staff can go back to the contractor to discuss any issues.

ATTACHMENTS: Resolution IDOT Statement of Completion and Final Acceptance Change Order Summary Pay Estimate Summary

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION ACCEPTING THE WORK AND AUTHORIZING FINAL PAYMENT TO RP CONSTRUCTORS, LLC FOR THE MILITARY ROAD RECONSTRUCTION AND BRIDGE REHABILITATION PROJECT, IOWA DEPARTMENT OF TRANSPORTATION PROJECT NO. STP-U-7057(701)--70- 97/BHM-7057(692)--8K-97(CITY PROJECT NO. 6755-719-354).

WHEREAS, on December 20, 2018, Sioux City, Iowa awarded a contract to RP Constructors, LLC of North Sioux City, South Dakota, and on January 28, 2019 the contract and performance bond were approved for the Military Road Reconstruction and Bridge Rehabilitation Project, Iowa Department of Transportation Project No. STP-U-7057(701)--70-97/BHM-7057(692)--8K-97(City Project No. 6755-719-354) within the City as therein described; and

WHEREAS, said contractor has satisfactorily completed the construction of the project in accordance with the terms and conditions of said contract and the plans and specifications as shown by the engineer's report filed with the City Clerk on December 14, 2020, and attached hereto and made a part hereof; and

WHEREAS, in accordance with the terms of the contract, the contractor is entitled to final payment, providing no liens have been filed against the work.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA:

A. The said report of the engineer, be, and the same is hereby approved and adopted and the project is hereby approved and accepted as having been fully completed in accordance with the said plans and specifications and contract and the total project cost of the project under said contract is hereby determined to be $6,826,414.00 as shown in said report of the engineer.

B. The City Engineer be, and he is hereby authorized and directed to sign the Iowa Department of Transportation’s Statement of Completion and Final Acceptance Of Work.

C. The Director of Finance be, and she is hereby authorized and directed to issue a check in the amount of $0.00 now and $30,000.00 upon completion of the project audit by the Iowa Department of Transportation provided there are no liens or claims against retainage on file, payable from the appropriate fund in favor of RP Constructors, LLC for the construction of the project.

PASSED AND APPROVED: December 14, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: December 14, 2020 ACTION ITEM # 11E Gordon Phair, City Engineer FROM: Justin Pottorff, Senior Civil Engineer

Resolution accepting the work and authorizing final payment to K&S, LLC SUBJECT: dba Nelson Commercial Construction, a South Dakota Limited Liability Company for the 2018 Sidewalk Program (Project No. 6970-759-005).

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests Council approve the resolution accepting the work and authorizing final payment in the amount of $0.00 now and $0.00 in 30 days payable to K&S, LLC dba Nel- son Commercial Construction, a South Dakota Limited Liability Company (Project No. 6970- 759-005).

DISCUSSION: A contract was awarded to K & S, LLC dba Nelson Construction & Development of Sioux City, Iowa on September 17, 2018 under Resolution No. 2018-0760 for a contract amount of $253,431.00. The work has been completed and approved by City staff. This project included various sidewalk repairs ordered by the City Engineer through official notices to the property owners to replace/reconstruct defective sidewalk. The acceptance of this work will allow staff to start the collection process for outstanding costs on the project.

As part of the sidewalk repair project the Contractor ran over on the working days by 11.5 days and has agreed to the liquidated damages assessed on this project in the amount of $5,750 withheld on the project. During the project it was found that staff had overpaid the contractor due to a duplicated pay estimate. The contractor has provided the City with a check in the amount of $31,947.93 that has been deposited to address the overpayment. With this check the final payment and retainage payments are in the amount of $0.00 each.

Below is a summary of the project:

Original Contract Amount: $253,431.00

Change Order No. 1 Summary: $7,995.00 Change Order No.1 was previously approved by staff on October 2, 2019.

This change order added work to remove and replace damaged decorative pavers at the Sioux City Convention Center. Funds have been transferred to cover the actual costs of the work. This change order also reduced plan quantities for the sidewalk program.

Change Order No. 2 Summary: $4,410.00 Change Order No. 2 was previously approved by staff on November 6, 2019. This change order added pricing for permeable asphalt around the tree planters to replace the existing mulch and metal tree grates.

Change Order No. 3 Summary: -$75,351.54 Change Order No. 3 was previously approved by staff on January 8, 2020. This change order provided for the final quantity adjustment on this project.

Liquidated Damages: -$5,750.00 The project was not completed within the required timeframe. The contract was to be completed within 133 working days. The contract was completed in a total of 144.5 working days. This is an overage of 11.5 working days at an assessment of $500.00 per working day for - $5,750.00 assessed for liquidated damages.

Final Construction Cost: $184,734.46 The final construction cost for this project is $178,600.34 which is 29.5% below the original contract amount.

FINANCIAL IMPACT: This project is funded using General Obligations Bonds under CIP 759-005 Annual Sidewalk Program. Costs will be invoiced to property owners for actual cost-plus twenty-five percent to compensate for the cost of supervision and administration.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility-Infrastructure Focus Area-Grow Sioux City

ALTERNATIVES: Council can choose to not accept the work and Staff can go back to the contractor to discuss any issues.

ATTACHMENTS: Resolution Engineer’s Statement of Final Acceptance

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION ACCEPTING THE WORK AND AUTHORIZING FINAL PAYMENT TO K&S, LLC DBA NELSON COMMERCIAL CONSTRUCTION, A SOUTH DAKOTA LIMITED LIABILITY COMPANY FOR THE 2018 SIDEWALK PROGRAM (PROJECT NO. 6970-759-005).

WHEREAS, on September 17, 2018, Sioux City, Iowa entered into a contract with K&S, LLC dba Nelson Commercial Construction, a South Dakota Limited Liability Company for the 2018 Sidewalk Program within the City as therein described; and

WHEREAS, the contractor completed the project after the required completion date and is subject to liquidated damages in the amount of $5,750.00; and

WHEREAS, said contractor has satisfactorily completed the construction of the project in accordance with the terms and conditions of said contract and the plans and specifications as shown by the engineer's report filed with the City Clerk on December 14, 2020, and attached hereto and made a part hereof; and

WHEREAS, in accordance with the terms of the contract, the contractor is entitled to final payment, providing no liens have been filed against the work.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA:

A. The said report of the engineer, be, and the same is hereby approved and adopted and the project is hereby approved and accepted as having been fully completed in accordance with the said plans and specifications and contract and the total project cost of the project under said contract is hereby determined to be $184,734.46 as shown in said report of the engineer.

B. The City Council finds that the contractor completed the project 11.5 days late and that there should be assessed liquidated damages pursuant to the terms of the contract. The City Council finds that late completion caused additional time and effort by City staff in supervising this project; and that late completion caused intended inconvenience, time, and expense to the motoring public. Therefore, the City Council finds that liquidated damages in the amount of $5,750.00 should be assessed to the contractor for late completion of the project.

C. The Director of Finance be, and she is hereby authorized and directed to issue a check in the amount of $0.00 now and $0.00 in thirty days provided there are no liens or claims against retainage on file, payable from the appropriate fund in favor K&S, LLC dba Nelson Commercial Construction, a South Dakota Limited Liability Company for the construction of the project.

PASSED AND APPROVED: December 14, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: December 14, 2020 ACTION ITEM # 11F FROM: Teresa Fitch, Finance Director

Approve total payments issued for the reporting period of November 2020, SUBJECT: in the amount of $ 17,133,284.41.

Department Finance City City Reviewed By: x x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests the Council to approve the total payments issued for November 2020.

DISCUSSION: The Finance Department has on file a list of gross cumulative payments paid to each separate accounts payable vendor on a monthly basis. This listing is available for Council Members’ perusal. On your agenda for Monday is a total amount of these payments for City Council approval. The day after the Council meeting, the Finance Department files the list with The Sioux City Journal for publication.

Detailed information on these listed payments can be found in the Finance Department. This department keeps a weekly claim register, which lists vendor name, vendor number, and account code. Any question from Council members or citizens concerning vendor payments are easily answered using a cross-reference system on the mainframe computer, which searches information on vendor payments.

FINANCIAL IMPACT: None.

RELATIONSHIP TO STRATEGIC PLAN: This action shows the City’s effort to maintain sound fiscal policy in dealing with the City’s budget and financial assets and relates to the Trust and Open Communication values in the strategic plan.

ALTERNATIVES: Under the Code of Iowa, all checks issued must be approved by the City Council.

ATTACHMENTS: None.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: December 14, 2020 ACTION ITEM # 11G FROM: Teresa Fitch, Finance Director

SUBJECT: Resolution approving fund transfers for the month of November 2020.

Department Finance De- City City Man- Reviewed By: x x x x Director partment Attorney ager

RECOMMENDATION: Staff respectfully requests that the City Council approve fund transfers for November 2020.

DISCUSSION: Effective April 13, 2019, the City Finance Committee approved changes to the Code of Iowa Administrative Code Sections 545-2.1 through 2.5, requiring greater disclosure for all transfers. A listing of all fund transfers from November 2020 are included for review and approval. See transfer listing attached.

FINANCIAL IMPACT: None.

ALTERNATIVES: Under the Code of Iowa Administrative Code ("IAC") Sections 545-2.1 through 2.5, transfers must be approved by the City Council

ATTACHMENTS: Transfer listing Resolution

ATTACHMENT

Transfer Transfer Out Transfer Out Fund Transaction Date Fund Description Transfer In Fund Transfer In Fund Description Transfer Description Transfer amount 11/09/2020 221 Events Facilities Adv Brd 717 SC Sports Commission GRANT IEDA 21-RSAD-06 #1REG SPORTS AUTH 41,666.25 11/24/2020 101 General Fund 301 MiscellaneousImprovements FUND PRJ 159-019 W/REDFLX 37,533.00 11/25/2020 123 Restricted Library 301 MiscellaneousImprovements Transfer with BA#6122 22,806.00 11/25/2020 609 CMG EquipmentReplacement 601 Central Maint Garage TRANSFER WITH BA#3474 8,980.00 11/25/2020 101 General Fund 609 CMG EquipmentReplacement TRANSFER WITH BA#4870 143.00

RESOLUTION NO. 2020 - ______with attachments

RESOLUTION APPROVING FUND TRANSFERS FOR THE MONTH OF NO- VEMBER 2020.

WHEREAS, Iowa Administrative Code ("IAC") Sections 545-2.1 through 2.5 addresses City Fi- nance budget amendments and fund transfers; and

WHEREAS, IAC Section 545-2.5(1) requires that all transfers of moneys between funds in the City budget forms be approved by resolution of the City Council as defined in IAC Section 545- 2.1 to allow for transfers between funds; and

WHEREAS, there is attached hereto and by this reference made a part hereof, a listing of each fund transfer completed in the month of November 2020 which includes a clear description of the reason or purpose for transfer, the name of the fund from which the transfer originated, the name of the fund into which the transfer was received, and the dollar amount of the transfer; and

WHEREAS, in accordance with IAC 545-2.5, said fund transfers for the month of November 2020 should be approved.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the fund transfers for the month of November 2020, be and the same are hereby approved.

PASSED AND APPROVED: December 14, 2020 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: December 14, 2020 ACTION ITEM # 12 Lisa L. McCardle, City Clerk FROM: Heidi Farrens, Deputy City Clerk

A. ON-PREMISE SALES

1. CLASS B LIQUOR LICENSE (Hotel/Motel; liquor/wine/beer/wine coolers/carry-out) a. Courtyard by Marriott Hotel and Conference Center, 801-901 4th Street (Renewal) 2. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry- out) a. Buffalo Alice, 1020-1022 4th Street (Renewal) b. Koi Sushi and Steakhouse, 1790 Hamilton Boulevard (Renewal) SUBJECT:

B. OFF-PREMISE SALES

1. CLASS B WINE PERMIT (wine only) a. Brew Floyd, 2501 Floyd Boulevard (Renewal) 2. CLASS C BEER PERMIT (beer/wine coolers) a. Brew Floyd, 2501 Floyd Boulevard (Renewal) b. Hong Kong Supermarket, 511 West 7th Street (Renewal) 3. CLASS E LIQUOR LICENSE (liquor only) a. Brew Floyd, 2501 Floyd Boulevard (Renewal)

Department Finance City City Reviewed By: x x x Director Department Attorney Manager

RECOMMENDATION: Staff respectfully requests and recommends approval of the above Beer and Liquor Licenses.

DISCUSSION: Fire Code Inspections were completed; Building, Electrical, Mechanical, and Plumbing Inspec- tions were performed; and Zoning Code has been verified for the above applicant, no violations were found unless otherwise noted.

Property tax records were verified and taxes are paid to date; the business utility accounts are also current for all applicants unless otherwise noted.

Police Records for the establishment were reviewed and the Police Department recommends approval for the applicant unless otherwise noted.

FINANCIAL IMPACT: The percentage of the local authority share of liquor license fees gathered by the State of Iowa Alcoholic Beverages Division varies from license to license; the City collected $103,614.42 in FY 2020.

RELATIONSHIP TO STRATEGIC PLAN: Health and Safety Vision - We will enhance public health and safety by maximizing the utilization of technology, improved community engagement, and improved communications and facilities.

ALTERNATIVES: Council may, at their discretion, vote for approval or deny in opposition of the City depart- ments’ recommendations.

ATTACHMENTS: None

Sioux City Mayor’s Youth Commission Minutes Executive Council Monday, September 14, 2020, 7:45 p.m. Long Lines Family Rec Center 401 Gordon Drive Sioux City, IA 51101

MYC MEMBERS PRESENT: Iris Engelhardt, Anna Erickson, Gabby Garcia, Emma Gross, Syd- ney Helt, Owen Hoak, Emily Hodge, Areeha Ilyas, Sarah Jabre, Katie Mahnke, Jake McGowan, Myanna Parker, Lorena Perales, Isabele Raveling, Estella Ruhrer-Johnson, Karlie Stoos, Jack- son Wagner MYC MEMBERS ABSENT: Kaleb French, Lizbeth Garcia, Alexandra Johnson, Alexandra Klein- schmit, Christopher Knechel, Isabel Martinez ADULT SPONSORS PRESENT: Steve Beekman, Britney Book, Terry Ivener, Mary Koster, Ra- chel Lundgren, Angel Wallace

Mayor Areeha Ilyas called the meeting to order at 7:45 p.m.

Minutes of the previous Executive Council meeting of March 2, 2020 were approved.

Finance Report shows $127.60 has been spent to date, leaving a balance of $3,499.40. Total budget is $3627.00; fiscal year is from July 1 through June 30.

2020 Action Plan: The Executive Council reviewed the goals they want to accomplish in this year. Results were: • Leadership/Public Speaking, members Areeha Ilyas, Sarah Jabre, Isabel Martinez – Get instruction/speaker on critical thinking, thinking on the spot, civil debate. – Peggy Smith, Leadership Siouxland, spoke at February 24 meeting. • Support Veterans, members Chris Knechel, Emily Hodge, Anna Erickson - March 16 program will be Support Siouxland Soldiers. This program did not happen because meeting was canceled due to COVID-19. • Trash Cleanup Competition Myanna Parker, Karlie Stoos, Alex Kleinschmit, Owen Hoak – MYC and YA will conduct a trash cleanup at Grandview Park on September 21. • Promote MYC in Middle and High Schools, Alex Johnson, Gabby Garcia, Iris Engelhardt, Lizbeth Garcia - Speak to classes in the fall and encourage students to submit MYC application by October 31. • Young Ambassadors – Sydney Helt, Kaleb French - Little Free Library Activities, Orien- tation, Red Ribbon Activities

MYC Executive Council Applications are due by October 19, 2020, which is the October MYC meeting date, and can be turned in at that meeting. MYC applications for new members are due by October 31. MYC Executive Council students will take applications to each of their schools to distribute to students that are interested in join- ing MYC: Bishop Heelan – Sarah Jabre, East – Karlie Stoos, North – Jackson Wagner, West – Katie Mahnke.

Mary Koster reported volunteers are needed for the National Night Out event which will be at Riverside Park this year. 10 volunteers are needed on Tuesday, October 6, 2020 from 4:45 to 7:15 p.m.

The next MYC full meeting will be September 21, 2020 from 6:00 – 7:00 p.m. at the Grandview Park Disc Golf Course. Program will be presented by Angel Wallace, Sioux City Parks and Rec Manager. The next MYC Executive Council meeting will be October 5, 2020 at Council Chambers of City Hall.

On a motion by Myanna Parker, and a second by Sarah Jabre, the meeting was adjourned at 8:00 p.m.

Respectfully submitted by Karlie Stoos, Acting Administrative Services Director

Sioux City Mayor’s Youth Commission Minutes Executive Council Monday, November 2, 2020, 6:45 p.m. Sioux City Council Chambers 405 6th Street Sioux City, IA 51101

MYC MEMBERS PRESENT: Iris Engelhardt, Anna Erickson, Gabby Garcia, Lizbeth Garcia, Emma Gross, Sydney Helt, Emily Hodge, Sarah Jabre, Alexandra Johnson, Alexandra Klein- schmit, Christopher Knechel, Isabel Martinez, Jake McGowan, Myanna Parker, Lorena Perales, Isabele Raveling, Estella Ruhrer-Johnson, Karlie Stoos, Jackson Wagner

MYC MEMBERS ABSENT: Kaleb French, Owen Hoak, Areeha Ilyas, Katie Mahnke

ADULT SPONSORS PRESENT: Steve Beekman, Terry Ivener, Mary Koster. Rachel Lundgren

Mayor Pro-Tem Sarah Jabre called the meeting to order at 6:52 p.m.

Minutes of the previous Executive Council meeting of October 5, 2020 were approved.

Finance Report shows $127.60 has been spent to date, leaving a balance of $3,499.40. Total budget is $3627.00; fiscal year is from July 1 through June 30.

Mary Koster reported volunteers are needed to help distribute “Masks Encouraged” window clings to businesses in the Siouxland area. One point will be given for each window cling dis- tributed and also one point for each business visited that declined the cling. Also, the Down- town for the Holidays Lighted Parade will be much different this year. It will be a “drive by parade” where floats or entries will be assigned a place to park and vehicles will drive by the entries. Because of these changes, MYC Executive Council has determined the MYC will not participate this year.

MYC Executive Council interviews were held for Executive Council members whose terms will begin January 1, 2021.

The next Executive Council Meeting will be Monday, December 7, 2020 at 7:00 p.m. The next Full MYC Meeting will be the Senior Recognition on Monday, December 14, 2020.

On a motion by Jake McGowan, and a second by Alexandra Johnson, the meeting was adjourned at 7:43 p.m.

Respectfully submitted by Isabel Martinez, Administrative Services Director

Sioux City Mayor’s Youth Commission Minutes Executive Council Monday, December 7, 2020, 7:00 p.m. Meeting via Zoom Sioux City, IA

MYC MEMBERS PRESENT VIA ZOOM: Iris Engelhardt, Anna Erickson, Kaleb French, Emma Gross, Owen Hoak, Emily Hodge, Areeha Ilyas, Sarah Jabre, Alexandra Johnson, Christopher Knechel, Isabel Martinez, Jake McGowan, Myanna Parker, Isabele Raveling, Estella Ruhrer- Johnson, Karlie Stoos, Jackson Wagner

MYC MEMBERS ABSENT: Gabby Garcia, Lizbeth Garcia, Sydney Helt, Alexandra Kleinschmit, Katie Mahnke, Lorena Perales

ADULT SPONSORS PRESENT VIA ZOOM: Britney Book, Terry Ivener, Mary Koster. Rachel Lundgren, Angel Wallace

Mayor Areeha Ilyas called the meeting to order at 7:07 p.m.

Minutes of the previous Executive Council meeting of November 2, 2020 were approved.

Finance Director Jake McGowan reported $127.60 has been spent to date, leaving a balance of $3,499.40. Total budget is $3627.00; fiscal year is from July 1 through June 30.

Mary Koster reported volunteers helped to distribute “Masks Encouraged” window clings to businesses in the Siouxland area. She also reported that MYC students recorded Public Ser- vice Announcements at iHeart Radio. Two different surveys are also being taken: one regarding Positive Youth Development which was sent to all MYC and YA students, and a Senior Sur- vey of all MYC seniors whose terms are ending December 31, 2020.

Election of Mayor and Mayor Pro Tem was held. Estella Ruhdrer-Johnson, East High School, was elected Mayor; Jake McGowan, Bishop Heelan High School, was elected Mayor Pro Tem.

MYC Executive Council interviews were held for Executive Council members whose terms will begin January 1, 2021.

The next Executive Council Meeting is scheduled for January 4, 2021 at 7:00 p.m.

On a motion by Sarah Jabre, and a second by Jake McGowan, the meeting was adjourned at 7:48 p.m.

Respectfully submitted by Isabel Martinez, Administrative Services Director

SIOUX CITY TRANSIT ADVISORY BOARD REGULAR MEETING NOVEMBER 18, 2020

On this date 3:30 p.m., at 509 Nebraska Street, Sioux City, Iowa, was held a regular meeting of the Sioux City Transit Advisory Board for the purpose of discussing items of interest and concern to the Sioux City Transit System, the City of Sioux City, and the citizens thereof, matters to be brought to the attention of the Advisory Board by the Transit Manager; and such other business that might properly come before the Board at this time.

MEMBERS PRESENT MEMBERS ABSENT OTHERS Richard Owens Jeff Harcum, Operations Supv. Mike Collett, Assistant City Manager Mike Tokarczyk Mary Martin Julie Johannsen, Admin. Assistant Sue Errickson Curt Miller, SRTS Kathie Pfaffle

ITEM NO. 1 CALL OF ROLL AND INTRODUCTIONS

Roll was called.

ITEM NO. 2 APPROVAL OF OCTOBER MINUTES

Tokarczyk made a motion, Errickson seconded the motion, to approve the minutes from the Oc- tober meeting. All members present voted aye to approve the minutes.

ITEM NO. 3 OPERATING AND PARATRANSIT REPORTS

Collett stated revenue remains down as well as expenses. Ridership is currently at approxi- mately 60% of pre-pandemic levels. Paratransit is at about 35% of pre-pandemic levels. Per- centages are remaining steady. Revenue is down due to passenger counts while expenses have decreased due to Paratransit ridership.

Collett stated tripper routes continue to be analyzed to maintain the seated passengers only ratios. Relief buses on the routes have been reduced to one bus at this time.

Collett informed the board that the driver barriers have arrived and are in the process of being installed in the buses.

Collett stated the new Alexander Dennis bus was received and is being prepared to go into service. Eight additional fixed route buses are on order. Tokarczyk inquired what route the new bus would be on. Collett stated this was still to be determined.

Collett confirmed the bus wrap which will promote the new flight from Sioux Gateway Airport to Denver has been installed and is on a route bus.

ITEM NO. 4 OTHER BUSINESS

A. Grant Updates

Collett stated the lighting/remodeling is near completion.

ITEM NO. 5 OTHER DISCUSSION

Miller provided an update on Siouxland Regional Transit and Paratransit service. They are operating as normal at this time. SRTS revenue is down due to reduced ridership. SRTS has ac- quired new minivans and will be able to offer long distance trips using these vehicles.

Owens brought up the question of doing the board meetings via Zoom. Transit will plan to move forward with this in 2021.

ITEM NO. 10 NEXT MEETING

The next regular meeting will be held on January 20, 2021. There will be no meeting in Decem- ber.

Errickson made a motion, Owens seconded the motion, to adjourn; all members present voted aye. Meeting adjourned at 3:47 p.m.

Mary Martin, Secretary