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, September 23, 2019, 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

CONSENT AGENDA

Items 2 through 12 constitute a Consent Agenda. Items pass unanimously unless a separate roll call vote is requested by a Council Member.

2. Reading of the City Council minutes of September 16 and 17, 2019. (CLOSED, REGULAR, JOINT)

3. TRAFFIC SAFETY - Resolution authorizing the Sioux City Police Department to accept the Governor’s Traffic Safety Bureau Grant, PAP20-402-M0PT, Task 37-00-00 from the Iowa Department of Public Safety in the amount of $54,750 for overtime hours, travel, training and the purchase of ten preliminary breath test devices (PBT).

4. FIREFIGHTERS MEMORIAL - Resolution temporarily closing Douglas Street from 6th Street to 7th Street, including the 7th Street and Douglas Street intersection beginning at 2:00 p.m. and ending at 4:00 p.m. October 11, 2019 to accommodate the Sioux City Fire Rescue’s Fallen Firefighters Memorial event.

5. FIBERCOMM - Resolution granting a permit to FiberComm LC to own, operate and maintain underground cable commencing approximately 105 feet east in the southern right of way at the southeast corner of the intersection of 6th Street and Pavonia Street and ending at 412 Pavonia Street.

6. BRIGHT TECHNOLOGIES - Resolution further amending Purchase Order 329727 with Bright Technologies of Hopkins, Michigan to increase the purchase order for additional rental fees in the amount of $56,800 for a belt filter press for the Wastewater Treatment Plant.

7. SR REHAB SPEC - Resolution amending the Position Classification Manual adopted by Res- olution No. S-31050 by adding thereto the position, title and job description of Senior Rehabilitation Technician, Class Code IV-4220; amending the salary schedule, authorizing said position in the Neighborhood Services Division of the Community Development Department and rescinding Resolution No. 2019-0780.

8. ACTIONS RELATING TO AGREEMENTS AND CONTRACTS

A. PWC - Resolution awarding and approving a contract to Weiss Construction Co. LLC doing business as PWC, of Novi, Michigan in the amount of $5,759,988 for the construction of the Renewable Fuels Project at the Sioux City Wastewater Treatment Plant in Sioux City, Iowa.

B. AIRPORT LEASE - Resolution approving Supplemental Agreement No. 3 to Govern- ment Lease DACA45-5-03-00063 between the City of Sioux City and the United States of America.

C. LINDBLOM - Resolution authorizing and approving an Assignment and Assumption of Lease Agreement between the City of Sioux City and Lindblom Enterprises, LLC for property commonly known as 2001 Dace Avenue. (formerly known as 1922 Grand Ave- nue)

D. GLOBAL - Resolution approving the contract and performance bond with Global Engi- neering & Construction, Inc. in the amount of $452,724 for the construction of the Mil- waukee Railroad Shops Historic District Roundhouse Enhancement Project, Iowa De- partment of Transportation Project STP-ES-7057(693)-81—97, (City Project 6939-663- 168).

E. BAINBRIDGE - Resolution awarding and approving a contract to Bainbridge Construction, LLC in the amount of $55,515 for the construction of the 2020 Annual Storm Sewer Inlet Rehab Project. (Project No. 7039-549-133)

F. RS&H - Resolution approving Work Order No. 39 with RS&H Iowa, P.C. in an amount not to exceed $343,058 for the construction survey, construction administration, and FAA closeout services for the Taxiway C South Project at the Sioux Gateway Air- port/Brigadier General Bud Day Field.

G. RP CONSTRUCTORS - Resolution awarding and approving a contract to RP Construc- tors, LLC in the amount of $640,896 for the North Hangar Drainage Basin and Drainage Improvements Project at the Sioux Gateway Airport/Brigadier General Bud Day Field. (City Project No. 7064-749-117-118 / IDOT Grant No. 9I190SUX100, and IDOT Grant No. 9I191SUX100)

9. ACTIONS AUTHORIZING THE ISSUANCE OF CHECKS

A. WINKLER - Resolution accepting the work and authorizing final payment to Winkler Roof- ing, Inc. of Sioux City, Iowa for a portion of the Hail Damaged Roofs and Buildings Pro- jects. (Project No. 7005-889-003)

B. C.W. SUTER - Resolution accepting the work and authorizing final payment to C.W. Suter & Son, Inc. of Sioux City, Iowa for a portion of the Rebid Hail Damaged Roofs and Build- ings Projects. (Project No. 7005.5-889-003)

10. APPOINTMENTS TO BOARDS, COMMISSIONS, AND COMMITTEES

A. HUMAN RIGHTS - Motion appointing Kendra Bergenske to the Human Rights Com- mission for a partial term expiring June 30, 2021, replacing Nia Key.

B. LIBRARY - Motion appointing Heidi Reinking to the Library Board of Trustees for a partial term expiring June 30, 2021, replacing Rebecca Kempers.

11. APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. ON-PREMISE SALES

1. CLASS B BEER PERMIT (beer/carry-out beer/wine coolers) a. Port of Sioux City River-Cade Association, 1301 Riverside Boulevard (New 5 Day License for Riverssance) 2. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry-out) a. Monterrey II, 3138 Singing Hills Boulevard (Renewal) b. Paxton Tap, 2110 South Paxton Street (Renewal) c. SoHo, 1024 4th Street (Renewal) 3. SPECIAL CLASS C LIQUOR LICENSE (wine/beer/wine coolers/carry-out) a. Sioux City Art Center, 225 Nebraska Street (Renewal) b. Sioux City Community Theatre, 1401 Riverside Boulevard(Renewal)

B. OFF PREMISE SALES

1. CLASS B WINE PERMIT (wine only) a. Casey’s General Store, 4727 Southern Hills Drive (Add Privilege) 2. CLASS E LIQUOR LICENSE (liquor only) a. Kum & Go No. 228, 1925 S Lakeport Street (Renewal)

12. MINUTES - Parking and Skywalk Board of Trustees – August 21, 2019

- End of Consent Agenda -

HEARINGS

13. Hearing and Resolution approving proposal to grant an easement and rescind all conflicting resolutions. (that part of vacated John Street lying between 2101 and 2015 Plum Creek Road) (Petitioner: Lisa R. Frink and Jay O. Oellien) (Purchase price: mutual benefits)

14. Hearing and Resolution approving proposal to sell certain real property, authorizing a Cor- rective City Deed and rescinding all conflicting Resolutions. (that part of vacated John Street abutting the southeasterly portion of 2101 Plum Creek Road) (Petitioners: Sylvia T. Castle, Lance C. Fachman, Valerie C. Fachman, and Lance C. Fachman as trustee of the Mary M. Fachman Trust FBO Eric J. Fachman, each as to an undivided one-fourth (1/4) interest) (Purchase price: $937.50 plus costs)

DISCUSSION

15. Resolution amending Purchase Order 331189 with Office Elements LLC of Sioux City, Iowa to increase the purchase order by $41,052.48 for the replacement of furniture in the Rec- ords Room in connection with the Sioux City Police Headquarters Furniture and Equipment Replacement Project. (Project No. 195-047)

16. Resolution approving Change Order No. 1 to the Service Provider Agreement with Office Elements LLC of Sioux City, Iowa in the amount of $8,500 for the removal and installation of furniture for the Records Room in connection with the Sioux City Police Headquarters Furniture and Equipment Replacement Project. (Project No. 195-047)

17. CITIZEN CONCERNS

18. COUNCIL CONCERNS

19. 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.

CITY COUNCIL CHAMBERS SIOUX CITY, IOWA SEPTEMBER 16, 2019

A Closed Session of the City Council was held at 3:30 p.m. The following Council Mem- bers were present on call of the roll: Capron, Groetken, Moore, Scott, and Watters. Ab- sent: None.

Staff members present included: Robert Padmore, City Manager; Nicole M. DuBois, City Attorney; and Lisa McCardle, City Clerk.

Motion by Scott, seconded by Moore, that Council enter closed session to discuss the purchase or sale of particular real estate where premature disclosure could be reasonably expected to increase the price the City would have to pay for that property or reduce the price the City would receive for that property; all voting aye.

Motion by Scott, seconded by Moore, that Council return to open session at 3:44 p.m.; all voting aye. (Watters was absent from this vote.)

ADJOURNMENT

There being no further business, the meeting was adjourned at 3:45 p.m., on motion by Scott, seconded by Moore; all voting aye. (Watters was absent from this vote.)

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

City Council minutes are available on the Internet at www.sioux-city.org. u:\CityAgenda\Minutes and Agendas\Council Minutes\2019\091619csm DRAFT

CITY COUNCIL CHAMBERS SIOUX CITY, IOWA SEPTEMBER 16, 2019

1. The Regular Meeting of the City Council was held at 4:00 p.m. The following Coun- cil Members were present on call of the roll: Capron, Groetken, Moore, Scott, and Watters. Absent: None.

Staff members present included: Robert Padmore, City Manager; Nicole M. DuBois, City Attorney; and Lisa McCardle, City Clerk.

2. Interview for the Library Board of Trustees: Heidi Reinking

CONSENT AGENDA

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

3. Reading of the City Council minutes of September 9, 2019.

Reading of the minutes of September 9, 2019, was waived and as part of the consent agenda the minutes were approved as presented.

Scott abstained on the minutes of September 9, 2019 due to his absence from the meeting.

4. BERT GURNEY - Resolution approving payment to Bert Gurney & Associates of Omaha, Nebraska in the amount of $30,747 for repairs to Pump No. 5 located at the Floyd Pump Station, 1425 Bluff Road in Sioux City, Iowa. 2019-0766

5. AUREON NETWORK - Resolution granting a permit to Aureon Network Services to own, operate and maintain underground cable commencing at 4801 Stone Avenue, crossing Stone Avenue and extending east, crossing South Maple Street, and ending at 1200 South Maple Street. 2019-0767

6. ACTIONS RELATING TO GRANTS

A. HANGAR PROJECTS - Resolution approving and accepting a grant agreement from the Iowa Department of Transportation for Commercial Service Vertical In- frastructure funding through the State Airport Development Program in the amount of $134,923 to assist in hangar refurbishment, and potential new hangar construction projects at the Sioux Gateway Airport/Brigadier General Bud Day Field. (ProjectDRAFT No. 9I200SUX200, Contract No. 21650) 2019-0768

B. HOMELAND SECURITY - Resolution approving and accepting Grant Agree- ment No. EMW-2019-SS-00032 from the State of Iowa Homeland Security and Emergency Management in the amount of $165,500 in connection with the FY19 Homeland Security Grant Program. 2019-0769

C. JET BRIDGE 2 - Resolution approving and accepting an Air Service Sustain- ment Grant from the Iowa Department of Transportation in the amount of $48,000 to assist with marketing efforts and purchase of a new conveyor chute for Jet Bridge 2 at the Sioux Gateway Airport/Brigadier General Bud Day Field. (IDOT Project No. 9I200SUX135, Contract No. 21604) 2019-0770

D. TAXIWAY A - Resolution approving and accepting a grant agreement from the Iowa Department of Transportation through the State Airport Improvement Pro- gram in the amount of $425,000 for the partial Rehabilitation of Taxiway A Pro- ject at the Sioux Gateway Airport/Brigadier General Bud Day Field. (Project No. 9I200SUX100, Contract No. 21634) 2019-0771

E. TAXIWAY C SOUTH - Resolution approving and accepting Grant Agreement 3- 19-0085-056-2019 from the Federal Aviation Administration (FAA) in the amount of $3,496,949 to fund the construction of the Taxiway C South Recon- struction Project. (Project No. 7056-749-120 / 03-19-0085-056-2019) at the Sioux Gateway Airport/Brigadier General Bud Day Field. 2019-0772

Mike Collett, Assistant City Manager, provided information on the item.

Motion by Scott, seconded by Moore, to amend the resolution approving and accepting Grant Agreement 3-19-0085-056-2019 subject to receipt of the grant documents from the Federal Aviation Administration; all voting aye. Resolution passed as amended as part of the consent agenda.

7. ACTIONS RELATING TO STREET CLOSURES

A. HEELAN HOMECOMING - Resolution temporarily closing Grandview Boule- vard from 12th Street to 8th Street; West 7th Street from Pearl Street to Wesley Parkway; Wesley Parkway from West 7th Street to Bluff Street; Bluff Street from Wesley Parkway to 11th Street; and 11th Street from Bluff Street to Grandview Boulevard beginning at 12:30 p.m. and ending at 1:30 p.m. October 4, 2019 to accommodate the Bishop Heelan High School Homecoming Parade. 2019-0773

B. MORNINGSIDE HOMECOMING - Resolution temporarily closing South Paxton Street from Peters Avenue to Laurel Avenue beginning at 8:00 a.m. and ending at 8:00 p.m. September 21, 2019 to accommodate the Morningside College Homecoming Celebration. 2019-0774

C. WEST HIGHDRAFT HOMECOMING - Resolution temporarily closing West 19th Street from Heartland Community Baptist Church (2201 West 19th Street) to West Middle School (3301 West 19th Street) beginning at 12:30 p.m. and ending at 3:00 p.m. October 4, 2019 for the West High School Homecoming Parade. 2019-0775

8. ACTIONS RELATING TO AGREEMENTS AND CONTRACTS

A. PIZZA RANCH - Resolution authorizing and approving a First Amendment to Development Agreement with Tyrad, LLC and Pizza Ranch RE 1, LLC. (Lot 3, Northern Valley Crossing, Fourth Addition) 2019-0776

B. 48 SOUTH - Resolution authorizing and approving a Subordination Agreement between Northwest Bank and the City of Sioux City, Iowa, in connection with the 48 South LLC residential project located at 4800 Southern Hills Drive. 2019-0777

C. WWII CHAPEL - Resolution approving and accepting the Memorandum of Agreement among the Federal Aviation Administration, the Iowa State Historic Preservation Office, and the City of Sioux City, Iowa regarding the proposed removal of WWII Chapel and Airmen’s Housing Project. 2019-0778

Mike Collett, Assistant City Manager, provided information on the item.

9. ACTIONS RELATING TO PERSONNEL

A. REHAB TECH - Resolution amending the Position Classification Manual adopted by Resolution No. S-31050 by approving and adopting an updated job description for the position of Rehabilitation Technician, Class Code IV-4212. 2019-0779

SR REHAB SPEC - Resolution amending the Position Classification Manual adopted by Resolution No. S-31050 by adding thereto the position, title and job description of Senior Rehabilitation Specialist, Class Code IV-4220; amending the salary schedule and authorizing said position in the Neighborhood Services Division of the Community Development Department. 2019-0780

10. TOTAL CHECKS - Approve total checks issued for the reporting period of August 2019, in the amount of $30,704,209.34 and fund transfers for the reporting period of April 2019-August 2019.

11. APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. ON-PREMISE SALES

1. CLASS B BEER PERMIT (beer/carry-out beer/wine coolers) a. SunDRAFT Valley Golf Course, 2101 Military Road (Renewal) 2. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry-out) a. Earl’s Infusion Bar, 419 Pearl Street (New) b. Half Moon Bar & Grill, 714 South Lewis Boulevard (Renewal) c. Marty’s Tap, 1306 Court Street (Temporary Outdoor Service for Bri- ouxfest, October 5-6, 2019) d. SoHo, 1024 4th Street (Temporary Outdoor Service for Oktoberfest, September 28, 2019)

B. OFF PREMISE SALES

1. CLASS B WINE PERMIT (wine only) a. Hy-Vee Food Store No. 1, 2827 Hamilton Boulevard (Renewal) b. Select Mart, 4103 Floyd Boulevard (Renewal) 2. CLASS C BEER PERMIT (beer/wine coolers) a. Hy-Vee Food Store No. 1, 2827 Hamilton Boulevard (Renewal) b. Select Mart, 4103 Floyd Boulevard (Renewal) c. Tienda Internacional, 601 ½ Pierce Street (Renewal) 3. CLASS E LIQUOR LICENSE (liquor only) a. Hy-Vee Food Store No. 1, 2827 Hamilton Boulevard (Renewal) b. Select Mart, 4103 Floyd Boulevard (Renewal)

12. BOARD, COMMISSION, AND COMMITTEE MINUTES

A. Civil Service Commission – August 6, 2019 B. Historic Preservation Commission – July 2, 2019 C. Parks and Recreation Advisory Board – September 4, 2019

End of Consent Agenda -

HEARINGS

13. Motion to conduct a public hearing regarding the creation of the Northbrook Urban Revitalization Area. 2019-0781

Chris Myres, Economic Development Specialist, provided information on the item.

The hearing was held on motion by Scott, seconded by Watters, no protests were received and the hearing was closed; all voting aye. The final step of this process will take place on October 21, 2019 when Council will be asked to adopt the Northbrook Urban Revitalization Area as part of the Municipal Code.

14. Hearing and Resolution accepting the proposal of General Services Administration, as the designated representative of the United States of America, for the lease of certain land in the Donner (Park) Urban Renewal Area and authorizing lease of said property. (Approximately 1,008 square feet of space within the Sioux Gateway Air- port Terminal Building) 2019-0782 DRAFT No protests were received. The hearing was closed and the proposed resolution adopted on motion by Scott, seconded by Moore; all voting aye.

15. Hearing and Resolution accepting the proposal of Wilson Group, LLC and Sioux City Truck Sales, Inc. for the purchase of certain land in the Donner Park Urban Renewal Area and authorizing a development agreement and minimum assessment agreement. (a .584 acre portion of Lot 9, Expedition Business Park, First Filing) 2019-0783

No protests were received. The hearing was closed and the proposed resolution adopted on motion by Scott, seconded by Capron; all voting aye.

ORDINANCES

16. Ordinance amending Chapter 2.32 entitled “Sioux Gateway Airport Board of Trus- tees” of the Sioux City Municipal Code to change the name of the Sioux City Gate- way Airport / Colonel Bud Day Field to Sioux Gateway Airport / Brigadier General Bud Day Field. 2019-0784

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

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

DISCUSSION

17. Resolution rejecting all bids received for the Bluff Road Bridge Project, Iowa De- partment of Transportation Project No. BROS-7057(697)—8J-97 (City Project No. 6874-719-355). (Deferred from September 9, 2019) 2019-0785

Dave Carney, Public Works Director, and Gordon Phair, City Engineer, provided information on the item.

Motion by Moore, seconded by Capron, to amend the resolution by awarding a contract to Sioux City Engineering Co. in the amount of $1,359,987.28 for the Bluff Road Bridge Project, Iowa Department of Transportation Project No. BROS- 7057(697)—8J-97 (City Project No. 6874-719-355); Capron, Groetken, Moore, and Scott voting aye; Watters voting nay.

Motion by Scott, seconded by Moore, to adopt the resolution as amended; Capron, Groetken,DRAFT Moore, and Scott voting aye; Watters voting nay.

18. Resolution rejecting all bids received for the proposed construction of the Floyd Park Golf Course Drainage Improvements Project (City Project No. 6990-549-101). (Deferred from September 9, 2019) 2019-0786

Motion by Watters, seconded by Groetken, to adopt the proposed resolution; Capron, Groetken, Moore, and Watters voting aye; Scott abstaining due to a conflict of interest.

19. Resolution approving Amendment No. 6 to the Consulting Services Agreement with SmithGroup, Inc. of Madison, Wisconsin for additional design and engineering services for Phase I construction documents in connection with the Chris Larsen Park – Riverfront Redevelopment Project in the lump sum amount of $350,225. 2019-0787

Motion by Scott, seconded by Moore, to adopt the proposed resolution; all voting aye.

20. Resolution Authorizing and Approving an Intercreditor and Subordination Agree- ment with American National Bank, Motor Mart, LLC and Motor Mart Landowner, LLC (520 Nebraska Street) 2019-0788

Motion by Scott, seconded by Moore, to adopt the proposed resolution; all voting aye.

21. Resolution Authorizing and Approving a Subordination, Nondisturbance and At- tornment Agreement with Motor Mart, LLC, Motor Mart Landowner, LLC, and MPC FED Motor Mart PCFC, LLC (520 Nebraska Street). 2019-0789

Motion by Scott, seconded by Moore, to adopt the proposed resolution; all voting aye.

PRESENTATION

22. Spectra Venue Management and Tyson Events Center-Orpheum Theatre Council Update

Tim Savona, Spectra General Manager, provided the update information.

23. CITIZEN CONCERNS

David Foreshoe, 2627DRAFT S Mulberry St, inquired about the status of the WWII Chapel at the Airport; Scott stated the Council is looking at moving it to another site but no final decisions have been made.

24. COUNCIL CONCERNS

Watters provided reminders about upcoming meetings and events: Tuesday, Septem- ber 17th, Joint Council and P&Z/BOA Meeting, 12 p.m.; Wednesday, September 18th, Siouxland Street Project Meeting, 9 a.m.; Friday, September 20th, Park(ing) Day, 10 a.m.; Saturday, September 21st: Pets on Parade, 9 a.m., Mother Son Tailgate, 10 a.m., Habitat for Humanity's BaconFest, 11 a.m., Alley Art Festival, 1 p.m., Conservation Cen- ter’s Nature Calls, 6 p.m., and Lewis Black at the Orpheum, 7:30 p.m.; and Sunday, September 22nd, We Will Rock You at the Orpheum, 7 p.m. Watters also stated Morn- ingside College, Briar Cliff University, East High School, and Dakota Valley all have football games this weekend.

Moore stated he attended the quarterly Iowa/Nebraska NAACP meeting held on Satur- day, September 14th.

25. ADJOURNMENT

There being no further business, the meeting was adjourned at 4:45 p.m., on motion by Scott, seconded by Moore; 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:\CityAgenda\Minutes and Agendas\Council Minutes\2019\091619m DRAFT

CITY HALL - LL CONF ROOM SIOUX CITY, IOWA SEPTEMBER 17, 2019

JOINT MEETING OF THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION BOARD OF ADJUSTMENT

A Joint Meeting of the City Council, Planning and Zoning Commission and Board of Ad- justment was held at 12:02 p.m. The following Council Members were present on call of the roll: Groetken, Moore, and Scott. Absent: Capron and Watters. (Watters entered the meeting at 12:14 p.m.)

Staff members present included: Robert Padmore, City Manager; Nicole M. DuBois, City Attorney; Lisa McCardle, City Clerk; Caleb Christophersen, Assistant City Attorney; Marty Dougherty, Economic and Community Development Director; Jeff Hanson, Com- munity Development Operations Manager; Gordon Phair, City Engineer; Chris Madsen, Senior Planner; Ron Kueny, Zoning Enforcement Officer; Erin Berzina, City Planner; and Larissa Carell, Administrative Secretary.

Members of the Planning and Zoning Commission and Board of Adjustment present included: Michelle Bostinelos, Eric Coleman, Ryan Ross, and Suzan Stewart. Absent: Ja- son Geary, Cindy O’Neill, and David Silverberg.

Madsen provided information on the Planning and Zoning, Board of Adjustment, and Design Review Committee FY 2019 Annual Reports. Hanson provided an update on the Comprehensive Plan.

Berzina provided information on the Census 2020 schedule, the online process, staffing requirements to conduct outreach activities, and the newly formed Complete Counts Committee (CCC).

Moore thanked the Planning and Zoning Commission and Board of Adjustment members for all their hard work.

Scott exited the meeting at 12:51 p.m.

Watters exited the meeting at 12:55 p.m.

ADJOURNMENT

For lack of a quorum, the meeting was adjourned at 12:55 p.m. DRAFT

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

City Council minutes are available on the Internet at www.sioux-city.org. u:\CityAgenda\Minutes and Agendas\Council Minutes\2018\091719jointP&Zm

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: August 23, 2019 ACTION ITEM # 3 Rex Mueller, Chief of Police FROM: Mark Kirkpatrick, Uniform Captain

Resolution authorizing the Sioux City Police Department to accept the Governor’s Traffic Safety Bureau Grant, PAP20-402-M0PT, Task 37-00-00 SUBJECT: from the Iowa Department of Public Safety in the amount of $54,750.00 for overtime hours, travel, training and the purchase of ten preliminary breath test devices (PBT)

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 the resolution for the Sioux City Po- lice Department to accept a Governor’s Traffic Safety Bureau, Iowa Department of Public Safety Grant, PAP20-402-M0PT, Task 37-00-00, in the amount of $54,750.00.

DISCUSSION: The Governor’s Traffic Safety Bureau, Iowa Department of Public Safety Grant, PAP20-402- M0PT, Task 37-00-00, in the amount of $54,750.00, will provide the Sioux City Police De- partment with $54,750.00 to fund officer overtime dedicated to directed enforcement patrols to stop impaired driving. Additionally, it will fund $2,250.00 for the purchase of five PBT’s, $1000.00 educational overtime and $1,500.00 for training-related travel.

FINANCIAL IMPACT: The Sioux City Police Department will receive $54,750.00 to cover items mentioned above and will increase our budget by that amount. No “soft match” is required.

RELATIONSHIP TO STRATEGIC PLAN: “Health and Safety Vision: We will enhance public health and safety by maximizing the utiliza- tion of technology, improved community engagement, and improved communications and facilities.” P.1, 2010-2013 City of Sioux City Strategic Plan.

ALTERNATIVES (Optional): Reject the $54,750.00 in grant funds.

ATTACHMENTS: Resolution Copy of Governor’s Traffic Safety Bureau (GTSB) grant agreement

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION AUTHORIZING THE SIOUX CITY POLICE DEPARTMENT TO ACCEPT THE GOVERNOR’S TRAFFIC SAFETY BUREAU (SECTION 402) GRANT PAP20-402-M0PT, TASK 37-00-00, FROM THE IOWA DEPARTMENT OF PUBLIC SAFETY IN THE AMOUNT OF $54,750.00 FOR OVERTIME HOURS, TRAVEL, TRAINING, AND THE PURCHASE OF 10 PRELIMINARY BREATH TEST DEVICES

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that the Police Department is hereby authorized and directed to accept the Governor’s Traffic Safety Bureau (Section 402), Grant PAP20-402-M0PT, Task 37-00-00 from the Iowa Department of Public Safety, a copy of which is attached hereto and by this reference made a part hereof, in the amount of $54,750.00 for overtime hours, travel, training, and the purchase of 5 preliminary breath test devices.

BE IT FURTHER RESOLVED that the Police Chief be and he is hereby authorized and directed to execute said Grant PAP20-402-M0PT, Task 37-00-00 for and on behalf of the City.

PASSED AND APPROVED: September 23, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

STATE OF IOWA DEPARTMENT OF PUBLIC SAFETY MEMORANDUM

Governor's Traffic Safety Bureau

TO: FFY 2020 Highway Safety Contractor

FROM: Crystal Young, Grants Administrator Governor's Traffic Safety Bureau

SUBJECT: Signing of Highway Safety Contracts

Enclosed are 2 copies of your FFY 2020 highway safety contract with the Governor's Traffic Safety Bureau. Please read and follow these instructions:

1. Check the contract to verify that it is accurate. Pay special attention to the Transmit Contract Information on Page 1 and the persons listed in Articles 5.2 and 6.0 as well as Article 12.0 (Budget). If changes are needed, please call me at 515-725-6126 or send the correct information to [email protected] immediately.

2. Have both copies of your contract signed and dated by the appropriate person in your agency (usually the Chief, Sheriff or Head of the Agency).

3. RETURN THE FOLLOWING BY OCTOBER 1st, 2019 to Governor's Traffic Safety Bureau 215 East 7th Street Des Moines, IA 50319-0248. ✓ One signed copy of the contract. The other is for you to keep. ,/ Federal Accountability form (if applicable you will have it in your packet)

Forms needed to manage your contract (HSP-2, Claim Checklist, HSP-3, Report Form, etc.) will be sent via e-mail to the contact listed on Page 1 as soon as we receive the signed contract. Do NOT use forms from the previous year. These forms can also be found on Iowa Grants under the "Program Documents" link. Also, it is very important that you keep me updated on the correct e-mail address for your contact since almost all information will be e-mailed.

Reimbursement claims (HSP-2s) must be submitted online through www.iowaorants.00v. Instructions for submitting claims online will be send with the necessary forms. Claims must be submitted within 90 days of the expense being paid by the Contractor. Activity reports must be submitted via e-mail to your Program Administrator and to me at cyoung dps.state.ia.us on a monthly basis (even if there is no GTSB activity).

Your contract is effective October 1, 2019. If equipment is ordered prior to that date, we will not be able to reimburse your agency for it. If equipment has a purchase price more than $5000, the contractor must obtain a signed letter of approval from GTSB before they can purchase the equipment, regardless of the reimbursement amount for the equipment. Failure to secure prior approval will result in the contractor being responsible for the cost of the equipment purchase, retroactive approval from NHTSA is not an option.

GOVERNOR'S TRAFFIC SAFETY BUREAU IOWA DEPARTMENT OF PUBLIC SAFETY

CONTRACT NUMBER: State and Community Highway Safety Grant PAP 20-402-MOPT, Task 37-00-00

ISSUING AGENCY: DPS/Governor's Traffic Safety Bureau T PROJECT CONTRACTOR: Sioux City Police Department

PROJECT BUDGET: Highway Safety Funded Amount: $54,750.00

AGENCY/LAW/SOURCE: National Highway Traffic Safety Administration (NHTSA) Public Law 114-94, Sction 402

DUNS # 11-165-8530

Submit Reimbursement Claims To: Issue Payment To: Cinnamon Weigel, Program Administrator City of Sioux City Police Department Governor's Traffic Safety Bureau 601 Douglas St. 215 East 7th Street, 3rd Floor Sioux City, Iowa 51101 Des Moines, IA 50319-0248

Submit Reports To: Transmit Contract Information To: Cinnamon Weigel, Program Administrator Ms. Lori Noltze Governor's Traffic Safety Bureau Sioux City Police Department 215 East 7th Street, 3rd Floor 601 Douglas St. Des Moines, IA 50319-0248 Sioux City, Iowa 51101 515-725-6125, FAX 515-725-6133 712-279-6440, FAX 712-279-6148

The Contractor agrees to furnish and deliver all products and perform all services set forth in the attached Special Conditions for the consideration stated herein. The rights and obligations of the parties to this contract will be subject to and governed by the Special Conditions and the General Conditions. To the extent that any specifications or other conditions which are made a part of this contract by reference or otherwise conflict, the Special Conditions and the General Conditions will control. To the extent that any inconsistency between the Special Conditions and the General Conditions exists, the Special Conditions will control. When approved, the instrument becomes a contract to accomplish the provisions contained within the Fiscal Year 2020 Highway Safety Plan, State and Community Highway Safety Grant 20-402-MOPT, Task 37-00-00, and thereby constitutes an official program with the Governor's Traffic Safety Bureau. This activity meets the requirements of Public Law 114-94 and the requirements set forth in the Governor's Traffic Safety Bureau Procedures Manual, as amended. IN WITNESS THEREOF, the parties hereto have executed this contract on the day and year last specified below. CONTRACTOR:

By Date: ISSUING GE,NCY:

By iCt776.r,V Date: Patrick J. Hoye, Bure u Ch'-f

Effective Date: 10/01/19 Expiration Date: 09/30/20 SPECIAL CONDITIONS

Article 1.0 Identification of Parties. This Contract s entered into by and between the Iowa Department of Public Safety/Governor's Traffic Safety Bureau (hereafter referred to as DPS/ GTSB) and the Sioux City Police Department (hereinafter referred to as Contractor).

Article 2.0. Statement of Purpose.

WHEREAS, the Highway Safety Plan is the tool for developing and improving overall safety capabilities; improving the program management and decision-making capabilities of safety officials; addressing special problems or opportunities; and providing a coordination mechanism for the purpose of reducing traffic-related property damage, personal injury and fatal crashes, and

WHEREAS, the DPS/GTSB has been designated to administer the State and Community Highway Safety Programs established under Sectionl 402 of the Fixing America's Surface Transportation Act, as amended, and

WHEREAS, the Contractor has the necessary ability to develop and carry out a portion of that Highway Safety Plan,

THEREFORE, the parties hereto do agree as follows:

Article 3.0 Area Covered. The Contractor will perform all the work and services required under this Contract in connection with and respecting the following areas: City of Sioux City, Iowa and other jurisdiction(s) authorized by a shared enforcement agreement.

Article 4.0 Reports and Products. The Contractor will submit the following reports and products:

4.1 A Claim for Reimbursement (HSP-2) form, documentation and, if applicable, an Equipment Accountability Report (HSP-3) form for reimbursement within 90 days of the expense being paid by the Contractor with the exception of the final claim which is due into the DPS/GTSB office no later than November 15, 2020.

4.2 A cumulative final report due November 1, 2020 covering accomplishments of Statement of Work and Services.

4.3 Any reports and products deemed prudent by the Issuing Agency or Contractor.

4.4 A copy of all audit reports within 30 days of completion of said audit.

4.5 Monthly activity reports due the 15th of the following month on forms provided by the DPS/GTSB that quantify project activities as well as total departmental effort.

Article 5.0 Designation of Officials.

5.1 DPS/GTSB - The Governor's Representative for Highway Safety and the Director of the Governor's Traffic Safety Bureau are the only persons authorized to execute and approve any changes in terms, conditions, or amounts specified in this Contract.

5.2 Contractor Designee, Chief Rex Muelleri, is designated to approve in writing, on behalf of the Contractor, the HSP-2 Claim for Reimbursement and any negotiated changes in this Contract. Article 6.0 Key Personnel. The Contractor hereby assigns the duties and responsibilities of project administration to Ms. Lori Noltze, representing the Contractor in this agreement.

Article 7.0 Time of Performance. The services of the Contractor will commence on or after the effective date stipulated on the signature page and will be completed before or by the expiration date.

Article 8.0 Modification of General Conditions. None.

Article 9.0 Additional Special Conditions.

9.1 Expense Documentation. The Contractor will document the expenditure of such funds authorized as eligible for reimbursement in accordance with the conditions of this Contract upon submission of the HSP-2 and, for equipment, the HSP-3 as supplied by the DPS/GTSB.

9.2 Policies and Procedures. The Contractor will comply with all policies and procedures contained in the Iowa DPS/GTSB Policies and Procedures Manual, as amended, including appropriate attachments provided by the DPS/GTSB in accordance with Section 402 of the Fixing America's Surface Transportation Act, and the Iowa Administrative Code, Section 661, Chapter 20.

9.3 Copyrights. The Federal awarding agency reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for Federal Government purposes: a. The copyright in any work developed under a grant, sub-grant, or contract under a grant or sub-grant; and b. Any rights of copyright to which a grantee, sub grantee or a contractor purchases ownership with grant support.

9.4 Debarred. Suspended and Ineligible Status. The Contractor certifies that the Contractor and/or any of its subcontractors have not been debarred, suspended or declared ineligible by any agency of the State of Iowa or as defined in the Federal Acquisition Regulation (FAR) 48 C.F.R. Ch.1 Subpart 9.4. The Contractor will immediately notify the DPS/GTSB if the Contractor is debarred by the State or placed on the Consolidated List of Debarred, Suspended and Ineligible Contractors by a federal entity.

9.5 Equipment acquired under this agreement for use in highway safety program areas shall be used and kept in operation for highway safety purposes 23 CFR 1300.31. a. Title. Except as provided in paragraphs (e) and (f) of this section, title to equipment acquired under 23 U.S.C. Chapter 4 and Section 1906 will vest upon acquisition in the State or its subrecipient, as appropriate, subject to the conditions in paragraphs (b) through (d) of this section. b. Use. All equipment shall be used for the originally authorized grant purposes for as long as needed for those purposes, as determined by the Regional Administrator, and neither the State nor any of its subrecipients or contractors shall encumber the title or interest while such need exists. c. Management and disposition. Subject to the requirements of paragraphs (b), (d), (e), and (f) of this section, States and their subrecipients and contractors shall manage and dispose of equipment acquired under 23 U.S.C. Chapter 4 and Section 1906 in accordance with State laws and procedures. d. Major purchases and dispositions. Equipment with a useful life of more than one year and an acquisition cost of $5,000 or more shall be subject to the following requirements: 1) Purchases shall receive prior written approval from DPS/GTSB and the NHTSA Regional Administrator. Failure to secure prior approval will result in the contractor being responsible for the cost of the equipment purchase; retroactive approval from NHTSA is not an option. 2) Dispositions shall receive prior written approval from the Regional Administrator unless the equipment has exceeded its useful life as determined under State law and procedures. 3) GTSB considers equipment purchased using federal funds to have a useful life expectancy of approximately 5 years unless documentation is provided to the contrary. e. Right to transfer title. The Regional Administrator may reserve the right to transfer title to equipment acquired under this part to the Federal Government or to a third party when such third party is eligible under Federal statute. Any such transfer shall be subject to the following requirements: 1) The equipment shall be identified in the grant or otherwise made known to the State in writing; 2) The Regional Administrator shall issue disposition instructions within 120 calendar days after the equipment is determined to be no longer needed for highway safety purposes, in the absence of which the State shall follow the applicable procedures in 2 CFR parts 200 and 1201. f. Federally-owned equipment. In the event a State or its subrecipient is provided federally-owned equipment: 1) Title shall remain vested in the Federal Government; 2) Management shall be in accordance with Federal rules and procedures, and an annual inventory listing shall be submitted by the State; 3) The State or its subrecipient shall request disposition instructions from the Regional Administrator when the item is no longer needed for highway safety purposes. 4) DPS/GTSB does not allow equipment purchased using federal funds to be sold without written prior approval from GTSB.

9.6 Civil Rights Act. The Contractor will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794) and the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq.; PL 101-336), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(P.L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse of alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; The Civil Rights Restoration Act of 1987, which provides that any portion of a state or local entity receiving federal funds will obligate all programs or activities of that entity to comply with these civil rights laws; and, (k) the requirements of any other nondiscrimination statute(s) which may apply.

9.7 Buy America Act. The Contractor will comply with the provisions of the Buy America Act (23 U.S.C. 313) which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest; that such materials are not reasonably available and of a satisfactory quality; or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non-domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation.

9.8 Political Activity (Hatch Act). The Contractor will comply, as applicable, with provisions of the Hatch Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. As such, the Contractor will not subcontract with any agency to conduct DPS/GTSB contract-related activities.

9.9 Lobbying Restrictions. None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

9.10 Federal Lobbying. The undersigned certifies, to the best of his or her knowledge and belief, that: a. 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 and officer or employee of any agency, a Member of Congress, an officer of 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, of modification of any Federal contract, grant, loan, or cooperative agreement; b. 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 of 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; c. The undersigned shall require that the language of this certification be included in the award documents for all sub-award at all tiers) including subcontracts, subgrants, and contracts under grant, 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. 9.11 Prohibition on Using Grant Funds to Check for Helmet Usage. The Contractor will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

Article 10.0 Conditions of Payment. 10.1 Maximum Payments. It is expressly understood and agreed the maximum amount to be paid to the Contractor by the DPS/GTSB for any item of work or service will be the amount specified under Article 12.0 subject to Article 11.0 herein. It is further understood and agreed the total of all payments to the Contractor by the DPS/GTSB for all work and services required under this Contract will not exceed $54,750.00 unless modified by written amendment of this Contract as provided in Section 1.0 of the General Conditions.

10.2 HSP-2 Form for Payment. All payments to the Contractor will be subject to the DPS/GTSB's receipt of an HSP-2 and documentation. If claiming equipment, an HSP-3 must also be submitted. The Contractor must perform services and receive merchandise between the effective dates of the contract and pay for expenses prior to submitting the claim for reimbursement. An HSP-2 will be submitted on a form provided by the DPS/GTSB. No payments will be made if required reports are more than two months past due unless approved by the DPS/GTSB Director.

10.3 Receipt of Federal Funds. a. All payments hereunder will be subject to the receipt of federal funds by the DPS/GTSB. The termination, reduction, or delay of federal funds to the DPS/GTSB may be reflected by a corresponding modification to the conditions of this Contract. b. Notwithstanding any other provisions of this Contract, if funds anticipated for the continued fulfillment of this Contract are at any time not forthcoming or insufficient, either through failure of the State of Iowa to appropriate funds, discontinuance or material alteration of the program for which funds were provided, the DPS/GTSB will have the right to terminate this Contract without penalty by giving not less than thirty (30) days written notice documenting the lack of funding, discontinuance or program alteration. Unless otherwise agreed to by the parties, the Contract will become null and void on the last day of the fiscal year for which appropriations were received, except that if an appropriation to cover cost of this Contract becomes available within sixty (60) days subsequent to termination under this clause, the DPS/GTSB agrees to re-enter a Contract with the terminated Contractor under the same provisions, terms and conditions as the original Contract. c. In the event of termination of this Contract due to non-appropriation, the exclusive, sole and complete remedy of Contractor will be payment for services rendered prior to termination.

10.4 Non-Performance Termination. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligation under this contract, or if the Contractor shall violate any of the agreements or stipulations of this contract, the DPS/GTSB shall thereupon have the right to terminate this contract and withhold further payment of any kind by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least thirty (30) dayt before such date. The DPS/GTSB shall be the sole arbitrator of whether the Contractor or its subcontractor is performing its work in a proper manner with reference to the quality of work performed by the Contractor or its subcontractor under the provisions of this contract. The Contractor and the DPS/GTSB further agree that this contract may be terminated by either party by giving written notice of such termination and specifying the effective date thereof, at least thirty (30) days before such date.

10.5 The, Contractor will arrange for a single audit to be performed in accordance with 2 CFR 200 when, as a non-federal entity, the Contractor receives $750,000.00 or more in federal funds. The federal agency, National Highway Traffic Safety Administration, Department of Transportation, passes funds through the Department of Public Safety, Governor's Traffic Safety Bureau. The Catalog of Federal Domestic Assistance (CFDA) number 20.600 applies to State & Community Highway Safety Grants. A copy of the audit report will be submitted to the DPS/GTSB within thirty (30) days after the completion of the audit.

Article 11.0 Statement of Work and Services. The Contractor will perform in a satisfactory and proper manner, as determined by the DPS/GTSB the following work and services:

11.1 The Contract will be monitored by the National Highway Traffic Safety Administration (NHTSA) and the DPS/GTSB. All records and documents pertaining to the project are subject to auditing and evaluation by those agencies or their designees.

11.2 The Contractor will absorb all costs not contained in this contract.

11.3 The project will be evaluated on all items contained in the Statement of Work and Services and the Budget.

11.4 There will be no change in the Statement of Work and Services or Budget without prior written approval of the DPS/GTSB.

11.5 The Contractor will comply with all requirements contained within the Policies and Procedures Manual of the DPS/GTSB.

11.6 All documents relative to fiscal claims will be maintained in the Contractor's office and will be available for review during regular office hours.

11.7 Staffing plan:

a. Officers to conduct 1163 hours of directed overtime enforcement.

b. Officers to conduct 50 hours of overtime for educational presentations. 11.8 Contract activities:

a. Conduct 1163 overtime hours of high visibility traffic enforcement with a maximum effort directed at occupant restraint, impaired driving and excessive speed violations during times and at locations identified as high-risk, including at least two special traffic enforcement projects, one of which will be conducted at night.

b. Conduct 50 hours of overtime for educational presentations.

c. Conduct at least twelve public information/education activities aimed at improving driver safety behaviors.

d. Conduct and publicize results of two observational occupant protection surveys during March and August. e. Purchase five DPS-approved preliminary breath testers (PBT) and utilize for impaired driving-related traffic enforcement.

f. Participate in traffic safety training with prior DPS/GTSB approval and submit a trip report within two weeks following any out-of-state travel. All travel reimbursement will be made at State of Iowa approved rates.

11.9 Key dates:

a. By November 15, 2019 and the 15th of each subsequent month through October 15, 2020, submit a monthly report as specified in Article 4.5.

b. By July 31, 2020, receive five PBTs as specified in Article 11.8(e).

c. By August 10, 2020, submit claim for expenses incurred through June 30, 2020.

d. By November 1, 2020, submit an annual report as specified in Article 4.2.

e. By November 15, 2020, submit final claim for reimbursement.

11.10 Objective/performance measures:

a. At least 1163 hours of overtime enforcement conducted and all overtime and agency traffic enforcement contacts reported showing a sustained effort based on past performance.

b. At least 50 hours of overtime for educational presentations.

c. Twelve public information activities conducted and reported.

d. Two occupant protection surveys completed and results publicized. e. Five PBTs purchased and utilized.

f. At least one officer attended DPS/GTSB approved training and a trip report submitted if required.

Article 12.0 Project Budget. Highway Safety Funds

Personal Services

Directed overtime enforcement $ 50,000.00

Educational presentations $ 1,000.00

Training-related travel $ 1,500.00

Equipment

Five PBTs $ 2,250.00

TOTAL $ 54,750.00

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: September 23, 2019 ACTION ITEM # 4 FROM: Angel Wallace, Parks and Recreation Manager

Resolution temporarily closing Douglas Street from 6th Street to 7th Street, including the 7th Street and Douglas Street intersection beginning at 2:00 SUBJECT: p.m. and ending at 4:00 p.m. October 11, 2019 to accommodate the Sioux City Fire Rescue’s Fallen Firefighters Memorial event.

City City Man- Reviewed By: x Director Finance x x Attorney ager

RECOMMENDATION: Staff respectfully requests the City Council approve the resolution requesting a temporary street closure for the Sioux City Fire Rescue’s Fallen Firefighters Memorial event.

DISCUSSION: Sioux City Fire Rescue requests the temporary street closure of Douglas Street from 6th Street to 7th Street, including the 7th Street and Douglas Street intersection on October 11, 2019 from 2:00 p.m. to 4:00 p.m. to accommodate the Sioux City Fire Rescue’s Fallen Firefighters Me- morial event.

The Special Event packet has been completed and routed to the required City departments for approval. All necessary permits will be obtained by the organization. To promote safe community events, we propose to temporarily close the right-of-way for the period specified.

FINANCIAL IMPACT: N/A

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility – Explore Destination Sioux City Focus Area - Grow Sioux City Pride

ALTERNATIVES: Deny the request for a street closure and direct the event coordinator to seek an alternative location.

ATTACHMENTS: Resolution Map

RESOLUTION NO. 2019 - ______

RESOLUTION TEMPORARILY CLOSING DOUGLAS STREET FROM 6TH STREET TO 7TH STREET, INCLUDING THE 7TH STREET AND DOUGLAS STREET INTERSECTION BEGINNING AT 2:00 P.M. AND ENDING AT 4:00 P.M. OCTOBER 11, 2019 TO ACCOMMODATE THE SIOUX CITY FIRE RES- CUE’S FALLEN FIREFIGHTERS MEMORIAL EVENT.

WHEREAS, Sioux City Fire Rescue requests to host a Fallen Firefighters Memorial event; and

WHEREAS, the Fallen Firefighters Memorial event involves the temporary closure of Douglas Street from 6th Street to 7th Street, including the 7th Street and Douglas Street intersection beginning at 2:00 p.m. and ending at 4:00 p.m. October 11, 2019.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that Douglas Street from 6th Street to 7th Street, including the 7th Street and Douglas Street intersection be and the same is hereby temporarily closed beginning at 2:00 p.m. and ending at 4:00 p.m. October 11, 2019 to accommodate the Sioux City Fire Rescue’s Fallen Fire- fighters Memorial event.

PASSED AND APPROVED: September 23, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

Closure

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: September 23, 2019 ACTION ITEM # 5 Gordon Phair City Engineer FROM: Vishnu Nellore, Civil Engineer

Resolution granting a permit to FiberComm LC to own, operate and maintain underground cable commencing approximately 105 feet east in the SUBJECT: southern right of way at the southeast corner of the intersection of 6th Street and Pavonia Street and ending at 412 Pavonia Street.

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

RECOMMENDATION: Staff respectfully requests the City Council approve the Resolution granting a permit to Fi- berComm LC of Sioux City, Iowa, to perform underground construction in the City’s right-of- way for the installation of fiber optic network services commencing approximately 105 feet east in the southern right of way at the southeast corner of the intersection of 6th Street and Pavonia Street and ending at 412 Pavonia Street.

DISCUSSION: The City has received a letter from Tom Hunter of FiberComm LC for a permit to install underground cable commencing approximately 105 feet east in the southern right of way at the southeast corner of the intersection of 6th Street and Pavonia Street and ending at 412 Pavo- nia Street.

The fiber optic is being installed to serve the address of 412 Pavonia Street.

This fiber permit approval is recommended by staff to continue to provide optical telecommu- nications services to the area.

Pursuant to municipal ordinance, permits are granted by the City Council to install underground cable to those companies not holding a franchise with the City. In the past, the Council has been concerned about exclusivity with respect to the granting of these permits. The City is prohibited from granting any type of exclusive rights to a cable company, a telecommunica- tions company, a gas company or an electric company under the laws of the State of Iowa. Therefore, we cannot require anybody to use the facilities of FiberComm LCor any other telephone company.

The attached route has been reviewed by several City Departments.

FINANCIAL IMPACT: There are no budget implications for the City due to this project.

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

ALTERNATIVES: Council could deny permit to FiberComm LC

ATTACHMENTS: Resolution Application (with Map) Insurance

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION GRANTING A PERMIT TO FIBERCOMM LC TO OWN, OPER- ATE AND MAINTAIN UNDERGROUND CABLE COMMENCING APPROXI- MATELY 105 FEET EAST IN THE SOUTHERN RIGHT OF WAY AT THE SOUTHEAST CORNER OF THE INTERSECTION OF 6TH STREET AND PAVONIA STREET AND ENDING AT 412 PAVONIA STREET.

WHEREAS, the City Council has received a request from FiberComm LC of Sioux City, Iowa (hereinafter referred to as “Applicant”) to own, operate and maintain underground communication cable to be installed by Applicant in certain specified public right-of-ways; and

WHEREAS, the City Council is advised and does believe that permission to own, operate and maintain such cable should be granted, pursuant to Chapter 12.05 of the Sioux City Municipal Code, under the conditions hereafter imposed.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that Applicant be and is hereby authorized to own, operate and maintain communication cable underground, across or along the following streets:

• Commencing approximately 105’ east in the southern right of way at the southeast corner of the intersection of 6th Street and Pavonia Street; thence extending south in the eastern right of way of Pavonia Street for approximately 275 feet and ending at 412 Pavonia Street;

Subject to the following terms and conditions as outlined in the attached Fiber/Utility Installation and Maintenance Permit.

BE IT FURTHER RESOLVED that the City Engineer be and he is hereby authorized and directed to execute said Fiber/Utility Installation and Maintenance Permit for and on behalf of the City.

PASSED AND APPROVED: September 23, 2019 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: September 23, 2019 ACTION ITEM # 6 Mark Simms, Utilities Director FROM: Joe Fontenot, Wastewater Treatment Plant Superintendent

Resolution further amending Purchase Order 329727 with Bright Technolo- gies of Hopkins, Michigan to increase the purchase order for additional SUBJECT: rental fees in the amount of $56,800.00 for a belt filter press for the Wastewater Treatment Plant.

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

RECOMMENDATION: Staff respectfully requests Council further amend Purchase Order 329727 with Bright Tech- nologies of Hopkins, Michigan to increase the purchase order for up to an additional 240 hours per month and two additional months of rental fees in the amount of $56,800.00 for a belt filter press for the Wastewater Treatment Plant.

DISCUSSION: The City Council approved a Purchase Order to Bright Technologies on May 13, 2019 under Resolution No. 2019-0401 for up to three months rental of a belt filter press for the Wastewater Treatment Plant in the amount of $78,400.00. The Purchase Order was amended on July 22, 2019 under Resoltuion No. 2019-0619 to increase the amount by $48,000.00 for additional rental fees. To date, staff has paid $120,480.00 in rental fees for the belt filter press with an additional amount of $22,000.00 for mobilization, training, and a security deposit. Based upon actual demand during four months of operation, an additional 240 hours per month of rental is needed to process the volume of solids we are experiencing. Additional rental hours in excess of 240 hours are billed at $60.00 per hour. Staff is requesting Purchase Order 329727 be further amended to allow for up to 480 hours per month.

FINANCIAL IMPACT: This Purchase Order is being funded out of the Wastewater Treatment Plant Operating Budg- et “Landfill Fees” 520-2301-453.2206.

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

ALTERNATIVES: City Council may deny this amendment.

ATTACHMENTS: Resolution

RESOLUTION NO. 2019 - ______

RESOLUTION FURTHER AMENDING PURCHASE ORDER 329727 WITH BRIGHT TECHNOLOGIES OF HOPKINS, MICHIGAN TO INCREASE THE PURCHASE ORDER FOR ADDITIONAL RENTAL FEES IN THE AMOUNT OF $56,800.00 FOR A BELT FILTER PRESS FOR THE WASTEWATER TREAT- MENT PLANT.

WHEREAS, a purchase order was issued to Bright Technologies of Hopkins, Michigan on May 13, 2019 for up to three months rental of a belt filter press for the Wastewater Treatment Plant in the amount of $78,400.00; and

WHEREAS, said purchase order was amended on July 22, 2019 pursuant to Resolution No. 2019-0619 to increase the purchase order for additional rental fees in the amount of $48,000.00 for said belt filter press; and

WHEREAS, said purchase order needs to be further amended a second time to increase the purchase order for additional rental fees in the amount of $56,800.00 for said belt filter press.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that Purchase Order 329727 be and the same is hereby further amended to increase the purchase order for additional rental fees in the amount of $56,800.00 for said belt filter press for the Wastewater Treatment Plant.

PASSED AND APPROVED: September 23, 2019 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: September 23, 2019 ACTION ITEM # 7 Janelle M. Bertrand, Human Resources Director FROM: Jill Wanderscheid, Neighborhood Services Manager

Resolution amending the Position Classification Manual adopted by Resolution No. S-31050 by adding thereto the position, title and job description of Senior Rehabilitation Technician, Class Code IV-4220; SUBJECT: amending the salary schedule, authorizing said position in the Neighborhood Services Division of the Community Development Department and rescinding Resolution No. 2019-0780.

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

RECOMMENDATION: Staff respectfully requests the City Council amend the Position Classification Manual by adding the position, title and job description of Senior Rehabilitation Technician, Class Code IV- 4220; amend the salary schedule, authorize said position in the Neighborhood Services Divi- sion of the Community Development Department and rescind Resolution No. 2019-0780.

DISCUSSION: The Neighborhood Services Division administers several housing rehabilitation programs which require a large amount of federal grant knowledge and construction expertise. The number and type of positions fluctuate with the amount of federal funding available. For the last several years there have been two (2) Rehabilitation Technician positions within the Divi- sion. However, a new position, entitled Senior Rehabilitation Technician, was approved within the FY 2019 Operating budget. Therefore, the current Operating Budget for the Division al- lows for one Rehabilitation Technician and one Senior Rehabilitation Technician.

On September 16, 2019, pursuant to Resolution No. 2019-0780, the City Council amended the Position Classification Manual and Salary Schedule by adding thereto the position, title and job description of Senior Rehabilitation Specialists, Class Code IV-4220. The correct name of the position, title and job description should have been Senior Rehabilitation Technician. Council is being asked to rescind Resolution No. 2019-0780 and approve a new resolution with the correct name.

Below is a summary of the positions:

Rehabilitation Technician The staff person previously in this role retired in June 2018. The current job description includes several items regarding lead-based paint which requires a Lead Inspector / Risk As- sessor (LI/RA) certification. However, an individual must have at least three (3) years of con-

struction experience in order to be eligible to take the course and the corresponding exam to receive their certification. City staff believes that this is a position an individual can grow into, manage smaller projects that do not require a LI/RA certification, and then become eligible for the LI/RA certification after working for the City of Sioux City for three (3) years.

Senior Rehabilitation Technician This new position is responsible for the management of housing rehabilitation projects that require a LI/RA certification (any project with more than $5,000 in federal funding utilized). This position acts as quality control for the Rehabilitation Technician position as well. The Senior Rehabilitation Technician would be responsible for technical and detailed work including the overseeing of any new housing construction funded by the Neighborhood Services Division funding sources as well as the management of small public infrastructure projects.

FINANCIAL IMPACT: The funding for these positions is already in place; there is no additional cost.

RELATIONSHIP TO STRATEGIC PLAN: Progressive Leadership Vision. We will use formal and informal methods to engage the Council, our employees, and our customers to promote enhanced organizational engagement and commitment to our shared vision.

ALTERNATIVES: Not approve the job description.

ATTACHMENTS: Resolution Senior Rehabilitation Technician job description

RESOLUTION NO. 2019 - ______with attachment

RESOLUTION AMENDING THE POSITION CLASSIFICATION MANUAL ADOPTED BY RESOLUTION NO. S-31050 BY ADDING THERETO THE POSITION, TITLE AND JOB DESCRIPTION OF SENIOR REHABILITATION TECHNICIAN, CLASS CODE IV-4220; AMENDING THE SALARY SCHEDULE, AUTHORIZING SAID POSITION IN THE NEIGHBORHOOD SERVICES DIVISION OF THE COMMUNITY DEVELOPMENT DEPARTMENT AND RESCINDING RESOLUTION NO. 2019-0780.

WHEREAS, the Position Classification Manual for American Federation of State, County and Municipal Employees (AFSCME) was adopted by Resolution No. S-31050 on August 23, 1976; and

WHEREAS, on September 16, 2019, pursuant to Resolution No. 2019-0780, the City Council amended the Position Classification Manual and Salary Schedule by adding thereto the position, title and job description of Senior Rehabilitation Specialists, Class Code IV-4220; and

WHEREAS, the correct name of the position, title and job description should have been Senior Rehabilitation Technician, Class Code IV-4220; and

WHEREAS, said Resolution No. 2019-0780 should be rescinded; and

WHEREAS, the City Council of the City of Sioux City, does believe that it is in the best interest of all concerned to amend the Position Classification Manual by adding thereto the position, title and job description of Senior Rehabilitation Technician, Class Code IV-4220; and

WHEREAS, the general statement of duties, distinguishing features of the class, example of work, required knowledge, skills and abilities, and acceptable experience and training are set forth in the job description of Senior Rehabilitation Technician, Class Code IV-4220 and attached hereto marked Exhibit “A” and by this reference made a part hereof; and

WHEREAS, the City Council, pursuant to Resolution No. 2015-0967 and subsequent amendments pursuant to Resolution No. 2016-0113, Resolution No. 2017-0143 and Resolution No. 2018-1006, established the salary schedule for Local 212, American Federation of State, County and Municipal Employees (AFSCME); and

WHEREAS, it is necessary to amend the salary schedule by adding thereto the position of Senior Rehabilitation Technician.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the Position Classification Manual adopted by Resolution No. S-31050, be and the same is hereby amended by adding thereto the position, title and job description of Senior Rehabilitation Technician, Class Code IV-4220.

BE IT FURTHER RESOLVED that the job description of Senior Rehabilitation Technician be and the same is hereby adopted for said position and is made a part of the Position Classification Manual of the City of Sioux City, Iowa.

BE IT FURTHER RESOLVED that the salary schedule adopted by Resolution No. 2015-0967 and subsequent amendments pursuant to Resolution No. 2016-0113, Resolution No. 2017-0143 and

Resolution No. 2018-1006, be and the same is hereby amended by adding thereto the position of Senior Rehabilitation Technician to Pay Range A 23.

BE IT FURTHER RESOLVED that the position of Senior Rehabilitation Technician be added to the Neighborhood Services Division of the Community Development Department and the Neighborhood Services Manager is hereby authorized to fill said position.

BE IT FURTHER RESOLVED that this resolution shall become effective upon passage.

BE IT FURTHER RESOLVED that Resolution No. 2019-0780 be and the same is hereby rescinded.

PASSED AND APPROVED: September 23, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

EXHIBIT “A”

City of Sioux City, Iowa

Position: Senior Rehabilitation Technician

Class Code Pay Range Bargaining Group IV-4220 A 23 AFSCME

FLSA Category Reports to Position Department/Division Non-Exempt Neighborhood Services Manager CD / Neighborhood Services

Date Revised Date Adopted Approved Resolution No

PURPOSE OF POSITION:

Under the general direction of the Neighborhood Services Manager, performs advanced technical work in assisting property owners in the rehabilitation and conservation of properties in addition to administering various housing and commercial structure improvement programs.

ESSENTIAL DUTIES OF POSITION (with or without accommodation): The following duties are normal for this position. These are not to be construed as exclusive or all inclusive. Other duties may be assigned.

• Acts as project manager for Neighborhood Services Division housing and commercial rehabilitation programs. This includes inspections, bid specifications, cost estimating, management of contractors, and payment activities. • Markets and explains the economic advantages of Neighborhood Services Division housing rehabilitation programs to owners and other community stakeholders. • Acts as project manager for new housing development and public improvement projects overseen by the Neighborhood Services Division. • Makes recommendations regarding the work completed by the Rehabilitation Techni- cian. • Completes lead-based paint clearance testing and reporting. • Writes bid specifications in contracts related to information discovered by the Lead In- spection / Risk Assessment (if applicable). • Provides input on property acquisition opportunities. • Prepares and maintains varied work records and reports. • Works closely with other City departments to solve complex issues with regard to housing deficiencies. • Establishes and maintains effective working relationships with officials, other agencies, fellow employees, and the general public. • Expected to temporarily perform duties outside of normal classification in the event of a declared emergency. In the event that an employee is excused from work other

than being sick, they will be required to report to work in a state of declared emergency.

MINIMUM PHYSICAL AND MENTAL ABILITIES REQUIRED TO PERFORM ESSENTIAL JOB FUNCTIONS:

Cognitive Demands, Skills and Abilities: Ability to speak clearly so others can understand you, ability to see details at close range (within a few feet of the observer), ability to see details at a distance, ability to identify and understand the speech of another person, ability to listen to and understand information and ideas presented through spoken words and sen- tences.

Job Knowledge: Thorough knowledge of the practices and techniques of housing remodeling and construction work; good knowledge of the applicable rules, regulations, guidelines and other standards required by federal agencies for granting of housing and related loans and grants, as well as the procedures necessary for their execution; good knowledge of municipal code and federal statutes and regulations pertaining to minimum standards of housing, urban revitalization practices and principles, and basic planning standards; good knowledge of the capabilities of local contracting firms; ability to read, interpret and explain complex building plans, sketches and drawings; ability to work with persons to secure cooperation in rehabilitation efforts; ability to express oneself clearly and concisely, orally and in writing.

Language Ability and Interpersonal Communication: Requires effective communication skills and the ability to provide effective and courteous assistance to clients. Requires the ability to write and speak effectively with fellow employees, City Council, contractors, and the general public; read in English; apply common sense understanding to the work process, procedures, programs and services; and to provide and follow verbal and written instructions. Requires the ability to work as a member of a team in order to accomplish tasks; the ability to establish and maintain effective working relationships with other employees and the general public; and the ability to relate to minorities, women and other protected classes in the community at all socioeconomic levels.

Physical requirements: Regularly lifts up to 10 pounds and occasionally lifts up to 30 pounds.

Work Environment: Fifty percent of work is normally performed in a normal inside office environment with appropriate heating and cooling and is not subject to significant occupational or environmental hazards other than those normally associated with general public contact, dust or odors. Field conditions outdoors are varying weather conditions, with varying street level noises; and visiting locations within the community whose environment may be different from the City’s. Travel in all types of weather extremes to attend training and/or organizes meetings conferences, and workshops; must be mobile and able to visit clients within Sioux City.

REQUIRED QUALIFICATIONS AND ACCEPTABLE EXPERIENCE / TRAINING:

Graduation from high school or G.E.D. and five years’ experience in building construction, remodeling, housing code enforcement or building code enforcement. Previous training in Housing Quality Standards (HQS / Uniform Physical Condition Standards (UPCS) preferred.

Any equivalent combination of experience and training which provides the required knowledge, skills, and abilities.

Special Requirements: Possession of a valid motor vehicle operator’s license. Possession of Iowa Lead Inspector/Risk Assessor certification.

PRE-EMPLOYMENT SCREENINGS:

Pre-employment screenings may include but are not limited to: criminal background search, drug and alcohol screen and physical examination.

The City of Sioux City is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodations to qualified individuals with disabilities and encourages employees and prospective employees to discuss needed accommodations with the appropriate City representatives.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: September 23, 2019 ACTION ITEM # 8A Mark Simms, Utilities Director FROM: Joe Fontenot, Wastewater Treatment Plant Superintendent

Resolution awarding and approving a contract to Weiss Construction Co. LLC DBA PWC, of Novi, Michigan in the amount of $5,759,988.00 for the SUBJECT: construction of the Renewable Fuels Project at the Sioux City Wastewater Treatment Plant in Sioux City, Iowa.

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

RECOMMENDATION: Staff respectfully requests Council award and approve a contract to Weiss Construction Co. LLC DBA PWC, of Novi, Michigan in the amount of $5,759,988.00 for the construction of the Renewable Fuels Project (Project No. 539-222) at the Sioux City Wastewater Treatment Plant in Sioux City.

DISCUSSION: This project includes the construction of the renewable fuels upgrading facility including concrete foundations and metal building construction, site preparation, site piping, equipment in- terconnecting piping, installation of owner provided equipment (Hydrogen sulfide removal equipment, siloxane and VOC removal equipment, compression equipment, carbon dioxide separation membrane equipment, finished gas monitoring equipment, motor control center, tailgas equipment, sodium hydroxide storage and feed system, and all other ancillary equipment), mechanical plumbing, mechanical HVAC, SCADA and controls, electrical, and all associated appurtenances together with related subsidiary and incidental work.

The City of Sioux City is furnishing the following equipment for installation under this contract: Hydrogen sulfide removal equipment, siloxane and VOC removal equipment, compression equipment, carbon dioxide separation membrane equipment, finished gas monitoring equipment, motor control center, tailgas equipment, sodium hydroxide storage and feed system, and all other ancillary equipment.

The project bids were opened on September 5, 2019. There were ten (10) contractors on the Planholders List and two (2) bids were received for this project. The bids are as follows:

Company City, State Base Bid Weiss Construction Novi, MI $5,759,988.00 John T. Jones Des Moines, IA $8,155,000.00 Engineer’s Estimate $5,015,000.00

Staff recommends awarding to Weiss Construction. Not awarding will further delay the project and have a negative impact on sewer revenues. Staff and Bartlett and West believe the bids are higher than estimated because of other larger projects competing and because we could not extend the bid opening to allow bidders more time to develop their bid.

FINANCIAL IMPACT: This project will be funded using State Revolving Funds under CIP No. 539-222 “Renewable Fuels”.

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

ALTERNATIVES: 1. The City Council may choose to not award and approve this contract. 2. Bids may be further evaluated or the project documents may be revised and reissued for bid.

ATTACHMENTS: Resolution Bid Tabulation Contracts (Hard Copies Provided)

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION AWARDING AND APPROVING A CONTRACT TO WEISS CONSTRUCTION CO. LLC DBA PWC, OF NOVI, MICHIGAN IN THE AMOUNT OF $5,759,988.00 FOR THE CONSTRUCTION OF THE RENEWABLE FUELS PROJECT AT THE SIOUX CITY WASTEWATER TREATMENT PLANT IN SIOUX CITY, IOWA.

WHEREAS, pursuant to a notice published in the manner and form prescribed by law, bids and proposals were received by the City of Sioux City, Iowa, on September 5, 2019, for construction of the Renewable Fuels Project at the Sioux City Wastewater Treatment Plant in Sioux City, Iowa, (the Project) together with necessary accessories and appurtenances, all in accordance with the plans and specifications heretofore prepared by Bartlett and West; and

WHEREAS, all of said bids and proposals were carefully considered and it is necessary and advisable that the lowest and/or best bid be accepted and that a contract be awarded for the construction of the Project in Sioux City, Iowa; and

WHEREAS, the low bidder has submitted a contract and performance bond and related documents, copies of which are attached hereto and by this reference made a part hereof; and

WHEREAS, the City Attorney has examined the contract and performance bond for proper execution and all supporting documents to determine if the same comply with the contract specifications; and

WHEREAS, the City Attorney found said documents to be in order and she has approved the same in writing; and

WHEREAS, the City Manager and City Clerk should be authorized and directed to execute a contract for and on behalf of the City of Sioux City, Iowa.

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

Section 1: The construction of the Project in Sioux City, Iowa, together with necessary accessories and appurtenances, referred to in the preamble hereof, be and the same is hereby ordered.

Section 2: It is hereby found, determined and declared that the bid of Weiss Construction Co. LLC DBA PWC in the amount of $5,759,988.00 for construction of the Project in Sioux City, Iowa, as provided in the plans and specifications referred to in the preamble hereof is the lowest and/or best bid received and the same is hereby accepted and the contract awarded to said bidder.

Section 3: It is hereby found, determined and declared that the bid accepted in the preceding section of this resolution is fully responsive to the proposal, plans and specifications for the construction of the Project in Sioux City, Iowa, together with necessary accessories and appurtenances.

Section 4: The contract and bond submitted by the contractor is hereby approved by the City Council for approval and signature by the City.

Section 5: The City Manager and City Clerk are hereby authorized and directed to execute said contract for and on behalf of the City of Sioux City, Iowa. Upon execution of the contract by the City Manager as authorized herein, the contract shall be in full force and effect and not before.

Section 6: Progress payments may be made to the contractor under the terms and provisions of the contract by the Director of Finance in amounts certified by the City Engineer as the value of work satisfactorily performed for the period.

Section 7: The checks or bid bonds of all unsuccessful bidders, be, and the same are hereby ordered returned to such bidders.

PASSED AND APPROVED: September 23, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

W.O. 18291.003 CITY OF SIOUX CITY RENEWABLE FUELS - CONSTRUCTION CONTRACT PROJECT NO. 539-222 600 4th Street, Ste 301 BID TABULATION SEPTEMBER 5, 2019 Sioux City, IA 51101

Item Description Quantity Unit ENGINEERS Weiss Construction John T Jones No. ESTIMATE Construction

UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE

BASE BID:

Division 1 - General Requirements 1 LS $375,000.00 $81,734.00 $441,830.00

Division 2 - Existing Conditions 1 LS $40,000.00 $70,512.00 $42,500.00

Division 3 - Concrete 1 LS $180,000.00 $346,814.00 $459,787.00

Division 4 - Masonry 1 LS $40,000.00 $67,464.00 $52,000.00

Division 5 - Metals 1 LS $40,000.00 $177,569.00 $135,644.00

Division 6 - Woods, Plastics, and Composites 1 LS $12,500.00 $24,318.00 $3,800.00

Division 7 - Thermal and Moisture Protection 1 LS $205,000.00 $99,332.00 $445,117.00

Division 8 - Openings 1 LS $110,000.00 $137,498.00 $185,704.00

Division 9 - Finishes 1 LS $130,000.00 $61,949.00 $68,055.00

Division 10 - Specialties 1 LS $15,000.00 $8,888.00 $12,717.00

Division 12 - Furnishings 1 LS $7,500.00 $12,274.00 $6,464.00

Division 13 - Special Construction 1 LS $415,000.00 $495,805.00 $539,999.00

Division 21 - Fire Suppression 1 LS $65,000.00 $174,763.00 $163,600.00

Division 22 - Plumbing 1 LS $165,000.00 $137,712.00 $132,400.00

Division 23 - Heating, Ventilating, and Air-Conditioning 1 LS $150,000.00 $600,982.00 $614,200.00

Division 26 - Electrical 1 LS $1,050,000.00 $801,251.00 $998,945.00

Division 28 - Electronic Safety and Security 1 LS $85,000.00 $179,320.00 Included in Div 26

Division 31 - Earthwork 1 LS $150,000.00 $118,275.00 $64,742.00

Division 32 - Exterior Improvements 1 LS $135,000.00 $167,153.00 $146,955.00

Division 33 - Utilities 1 LS $660,000.00 $447,640.00 $829,500.00

Division 40 - Process Interconnections 1 LS $945,000.00 $753,312.00 $1,981,476.00

Division 41 - Material Processing and Handling 1 LS $10,000.00 $48,188.00 $13,325.00

Division 43 - Process Gas and Liquid Handling 1 LS $30,000.00 $747,235.00 $816,240.00 Subtotal - Base Bid $5,015,000.00 $5,759,988.00 $8,155,000.00 ALTERNATE BIDS: Alternate No. 1 - Add Electric Trolley & Hoist Above 1 Carbon Vessels LS $74,960.00 $64,976.00

Page 1 W:\Proj\18000\18291\18291.003\Documents\Bidding\Construction Contract\Renewable Fuels Installation Contract_BID TAB

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: September 23, 2019 ACTION ITEM # 8B FROM: Jeff Hanson, Community Development Operations Manager (SW)

Resolution approving Supplemental Agreement No. 3 to Government Lease SUBJECT: DACA45-5-03-00063 between the City of Sioux City and the United States of America.

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

RECOMMENDATION: Staff respectfully requests Council approve the resolution.

DISCUSSION: On the agenda for Monday is a resolution approving Supplemental Agreement No. 3 to Lease No. DACA45-5-03-00063, between the United States of America and the City of Sioux City for property located at the Sioux City Municipal Airport (a.k.a. Sioux Gateway Airport/Colonel Bud Day Field), Woodbury County, Iowa.

The United States of America and the City of Sioux City entered into an agreement on May 20, 2013 to exchange 3.966 acres of land to reroute that portion of Harbor Drive that bisected the 185th Air Refueling Wing, Iowa National Guard Base at the Airport. The land exchange agreement was approved by Resolution 2019-0658 dated August 5, 2019. Having completed the land exchange, Lease No. DACA45-5-03-0063 needs to be modified to reflect the exchange of the 3.966 acres of land.

FINANCIAL IMPACT: Mutual Benefits

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

ALTERNATIVES: Do not approve the resolution

ATTACHMENTS: Resolution Supplemental Agreement No. 3 Exhibit A-1 Exhibit M Exhibit N

RESOLUTION NO. 2019 - ______with attachment

RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 3 TO GOV- ERNMENT LEASE DACA45-5-03-00063 BETWEEN THE CITY OF SIOUX CITY AND THE UNITED STATES OF AMERICA.

WHEREAS, on November 15, 1955, the City of Sioux City and the United States of America entered into Government Lease DA-25-066-Eng-3740 covering the lease of premises located at the Sioux City Municipal Airport; and

WHEREAS, on July 1, 1969 the identification number for Government Lease DA-25-066-Eng- 3740 was changed to DACA45-5-69-00199 which had previously been modified with 21 supplemental agreements by mutual agreement of the parties; and

WHEREAS, on February 2, 2004, pursuant to Resolution No. 2004-0107, the City and the Unit- ed States of America consolidated said Government Lease DACA45-5-69-00199 and amendments into one document now identified as Government Lease DACA45-5-03-00063; and

WHEREAS, on September 22, 2008, pursuant to Resolution No. 2008-0777, the City and the United States of America approved Supplemental Agreement No. 1 to Government Lease DACA45-5-03-00063 deleting Tract 100LE-12 consisting of 19.37 acres of land from said Lease; and

WHEREAS, on February 25, 2013, pursuant to Resolution No. 2013-0145, the City and the United States of America approved Supplemental Agreement No. 2 to Government Lease DACA45-5-03-00063 deleting the northern 0.98 acres of Tract LE100-7 from said Lease; and

WHEREAS, on May 20, 2013, pursuant to Resolution No. 2013-0410, the City and the United States of America entered into a Real Estate Exchange Agreement to exchange 3.966 acres of land to reroute that portion of Harbor Drive that bisected the 185th Air Refueling Wing, Iowa Na- tional Guard base at the Airport; and

WHEREAS, on August 5, 2019, pursuant to Resolution No. 2019-0658, the City and the United States of America completed the land exchange and now Government Lease DACA45-5-03- 00063 needs to be amended to reflect the exchange of the 3.966 acres of land located in Tract 101 and the 3.966 acres of land located between Tract 100LE-2 and Tract 101, to be known as Tract 102; and

WHEREAS, a Supplemental Agreement No. 3 has been prepared, a copy of which is attached hereto and hereby incorporated herein, and should be approved as to form and content.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that Supplemental Agreement No. 3 to Government Lease DACA45-5-03-00063 reflect- ing the exchange of 3.966 acres of land located in Tract 101 and 3.966 acres of land located between Tract 100LE-2 and Tract 101, to be known as Tract 102, as referred to in the preamble hereof, be and the same is hereby approved as to form and content.

BE IT FURTHER RESOLVED, that the Mayor and City Clerk be and they are hereby authorized and directed to execute said Supplemental Agreement No. 3 to Government Lease DACA45-5- 03-00063 for and on behalf of the City of Sioux City, Iowa.

PASSED AND APPROVED: September 23, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

U:\City Legal\Secure\Resolutions\Res2019\Airport\Supplemental Agr #3 To Substituted & Consolidated Land Lease With USA.Docx

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: September 23, 2019 ACTION ITEM # 8C FROM: Jeff Hanson, Community Development Operations Manager

Resolution authorizing and approving an Assignment and Assumption of Lease Agreement between the City of Sioux City and Lindblom Enterprises, SUBJECT: LLC for property commonly known as 2001 Dace Avenue (formerly known as 1922 Grand Avenue)

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

RECOMMENDATION: Staff respectfully requests the City Council approve the above resolution authorizing and approving an Assignment and Assumption of Lease Agreement between the City of Sioux City and Lindblom Enterprises, LLC.

DISCUSSION: On September 26, 2001, the City entered into a lease with Avery Brothers, LLC for the lease of certain land in the Combined Floyd River Urban Renewal Area (Resolution No. 2011- 0691). On July 8, 2019, the City entered into a Development Agreement with Lindblom En- terprises, LLC (Resolution 2019-0558). Said Development Agreement called for the City to sell to Lindblom Enterprises, LLC the property commonly known as 2011 Leech Avenue, 2001 ½ Leech Avenue and 2001 Dace Avenue. The parcel sold to Lindblom Enterprises, LLC included the area which was previously leased to Avery Brothers.

The item on Monday’s agenda approves an Assignment and Assumption of Lease Agreement assigning the City’s right, title and interest under the lease to Lindblom Enterprises, LLC.

FINANCIAL IMPACT: The loss of $2,000 per year rental income offset by the receipt of $201,498.00 received for the sale of the property to Lindblom Enterprises, LLC.

RELATIONSHIP TO STRATEGIC PLAN: This project supports the Strategic Focus Areas of Growing Sioux City, including expanding development opportunities.

ALTERNATIVES: None Recommended

ATTACHMENTS: Resolution Assignment and Assumption of Lease Agreement

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION AUTHORIZING AND APPROVING AN ASSIGNMENT AND ASSUMPTION OF LEASE AGREEMENT BETWEEN THE CITY OF SIOUX CITY AND LINDBLOM ENTERPRISES, LLC FOR PROPERTY COMMONLY KNOWN AS 2001 DACE AVENUE (FORMERLY KNOWN AS 1922 GRAND AVENUE)

WHEREAS, on September 26, 2011, pursuant to Resolution No. 2011-0691, the City of Sioux City and Avery Brothers, LLC entered into a Lease Agreement regarding an existing billboard sign located on City property at 1922 Grand Avenue (now known as 2001 Dace Avenue), which Lease Agreement was recorded in the office of the Woodbury County Recorder on September 30, 2011 at Roll 718, Image 5813-5823; and

WHEREAS, on July 8, 2019, pursuant to Resolution 2019-0558, the City entered into a Devel- opment Agreement with Lindblom Enterprises, LLC for the sale of a 4.686 acre parcel located at 2001 Leech Avenue, 2001 ½ Leech Avenue and 2001 Dace Avenue (formerly known as 1922 Grand Avenue) for the construction of a new office/storage building, which Development Agreement was recorded in the office of the Woodbury County Recorder on August 26, 2019 in Instrument #2019-16385; and

WHEREAS, pursuant to the terms of the Development Agreement, the ownership of the property at 2001 Dace Avenue (formerly known as 1922 Grand Avenue) has transitioned to Lindblom En- terprises, LLC by City Deed executed on July 10, 2019 and recorded in the office of the Wood- bury County Recorder on August 26, 2019 in Instrument #2019-16388; and

WHEREAS, the City desires to assign to Lindblom Enterprises, LLC all of the City’s right, title and interest under the Lease Agreement and Lindblom Enterprises, LLC desires to assume all obligations of the City under the Lease Agreement; and

WHEREAS, an Assignment and Assumption of Lease Agreement, a copy of which is attached hereto and by this reference made a part hereof, has been prepared which should be approved as to form and content.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that the Assignment and Assumption of Lease Agreement, as referred to in the preamble hereof, be and the same is hereby approved as to form and content and the Mayor be and he is hereby authorized and directed to execute said Assignment and Assumption of Lease Agreement for and on behalf of the City.

PASSED AND APPROVED: September 23, 2019 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: September 23, 2019 ACTION ITEM # 8D FROM: Ricky J. Mach, Special Assistant to the City Manager

Resolution approving the contract and performance bond with Global Engineering & Construction, Inc. in the amount of $452,724.00 for the SUBJECT: construction of the Milwaukee Railroad Shops Historic District Roundhouse Enhancement Project, Iowa Department of Transportation Project STP-ES-7057(693)-81—97, (City Project 6939-663-168).

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

RECOMMENDATION: Staff respectfully requests Council approve the contract and performance bond with Global En- gineering & Construction, Inc. in the amount of $452,724.00 for the construction of the Milwau- kee Railroad Shops Historic District Roundhouse Enhancement Project, Iowa Department of Transportation Project STP-ES-7057(693)-81—97, (City Project 6939-663-168).

DISCUSSION: On September 9, 2019 under Resolution No. 2019-0743 Council awarded a contract to Global Engineering & Construction, Inc of Sioux City, Iowa in the amount of $452,724.00 for the construction of the Milwaukee Railroad Shops Historic District Roundhouse Enhancement Project. This project is located at the Sioux City Railroad Museum, 3400 Sioux River Road, Sioux City, Iowa and includes historic preservation treatments to the exterior envelope of the Roundhouse Building such as replacing deteriorated wood components, painting, adding interior lighting, updating power, and adding gutters. Added option include extending existing electrical supply to the adjacent Machine Shop, adding Machine Shop emergency lighting, adding overhead doors at each Roundhouse bay door, adding Machine Shop interior lighting and adding Roundhouse exterior lighting. This project shall be completed on or before May 20, 2020.

FINANCIAL IMPACT: This project is funded using CIP #663-168 “Milwaukee Railroad Shops Historic District Resto- ration” with funds from the Iowa Department of Transportation Enhancement grant and Siouxland Historic Railroad Association. No City money is invested in this project

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

ALTERNATIVES: None

ATTACHMENTS: Resolution Contracts (Hard Copies)

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING THE CONTRACT AND PERFORMANCE BOND WITH GLOBAL ENGINEERING & CONSTRUCTION, INC. IN THE AMOUNT OF $452,724.00 FOR THE CONSTRUCTION OF THE MILWAUKEE RAILROAD SHOPS HISTORIC DISTRICT ROUNDHOUSE ENHANCEMENT PROJECT, IOWA DEPARTMENT OF TRANSPORTATION PROJECT STP-ES-7057(693)- 81—97, (CITY PROJECT 6939-663-168).

WHEREAS, the City Council has previously awarded a contract to Global Engineering & Construction, Inc. of Sioux City, Iowa in the amount of $452,724.00 for the construction of the Milwaukee Railroad Shops Historic District Roundhouse Enhancement Project; and

WHEREAS, Global Engineering & Construction, Inc. has submitted a signed contract and performance bond for approval, copies of which are attached hereto and by this reference made a part hereof; and

WHEREAS, the City Attorney has examined the contract and performance bond for proper execution and all supporting documents to determine if the same comply with the contract specifications; and

WHEREAS, the City Attorney found said documents to be in order and she has approved the same in writing; and

WHEREAS, the City Manager and City Clerk should be authorized and directed to execute the contract for and on behalf of the City of Sioux City, Iowa.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that the contract and performance bond submitted by Global Engi- neering & Construction, Inc. of Sioux City, Iowa in the amount of $452,724.00 for the construction of the Milwaukee Railroad Shops Historic District Roundhouse Enhancement Project in Sioux City, Iowa, is hereby approved and the City Manager and City Clerk are hereby authorized and directed to execute said contract for and on behalf of the City of Sioux City, Iowa. Upon execution of the contract by the City Manager as authorized herein, the contract shall be in full force and effect and not before.

BE IT FURTHER RESOLVED that progress payments may be made to the contractor under the terms and provisions of the contract by the Director of Finance in amounts certified by the City Project Manager as the value of work satisfactorily performed for the period.

PASSED AND APPROVED: September 23, 2019 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: September 23, 2019 ACTION ITEM # 8E Gordon Phair, City Engineer FROM: Justin Pottorff, Civil Engineer

Resolution awarding and approving a contract to Bainbridge Construction, SUBJECT: LLC in the amount of $55,515.00 for the construction of the 2020 Annual Storm Sewer Inlet Rehab Project (Project No. 7039-549-133).

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

RECOMMENDATION: Staff respectfully requests Council award and approve a contract to Bainbridge Construction, LLC of Kingsley, Iowa in the amount of $55,515.00 for the construction of the 2020 Annual Storm Sewer Inlet Rehab Project (Project No. 7039-549-133).

DISCUSSION: This project is located east of the intersection of Dearborn Boulevard and Stone Park Boule- vard, north of the intersection of Hamilton Boulevard and Stone Park Boulevard, the intersection of W. 25th Street and George Street, the intersection of 8th Street and Jackson Street, and the intersection of 8th Street and Nebraska Street and includes the removal and replacement of deteriorated or damaged storm sewer inlets.

Notice of Public Hearing was advertised on August 17, 2019 and August 24, 2019. The public hearing was held on August 26, 2019. This project has a late start date of April 20, 2020. Work shall be completed within 25 Working Days.

The project was bid on September 3, 2019. Three (3) bids were received for this project. The bids are as follows:

Company City, State Base Bid Strawn Construction Sioux City, Iowa $79,678.10 KP Construction Sioux City, Iowa $70,393.50 Bainbridge Construction Kingsley, Iowa $55,515.00 Engineer’s Estimate $79,607.50

The base bid, submitted by Bainbridge Construction, LLC of Kingsley, Iowa is 30.26% or $24,092.50 below the Engineer’s Estimate of $79,607.50.

FINANCIAL IMPACT: This project is funded using Stormwater Abated GO bonds under CIP 549-133 Annual Storm Inlet Rebuild. The Engineer’s opinion of probable construction cost for the work is $79,607.50. The project currently has an available balance of $94,888.00.

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

ALTERNATIVES: 1. The City Council may choose to not award and approve this contract. 2. Bids may be further evaluated or the project documents may be revised and reissued for bid. 3. The City Council may choose to delay the award of this contract. The City has 30 days to either award or reject all bids. A delay in the awarding of bids could negatively impact the Con- tractor’s ability to complete this work this fall should this be their plan to do so.

ATTACHMENTS: Resolution Bid Tabulation Sheet Contracts (Hard Copies)

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION AWARDING AND APPROVING A CONTRACT TO BAINBRIDGE CONSTRUCTION, LLC IN THE AMOUNT OF $55,515.00 FOR THE CONSTRUCTION OF THE 2020 ANNUAL STORM SEWER INLET REHAB PROJECT (PROJECT NO. 7039-549-133).

WHEREAS, pursuant to a notice published in the manner and form prescribed by law, bids and proposals were received by the City of Sioux City, Iowa, on September 3, 2019, for the 2020 Annual Storm Sewer Inlet Rehab Project, in Sioux City, Iowa, (the Project) together with necessary accessories and appurtenances, all in accordance with the plans and specifications heretofore prepared by the City Engineering Department; and

WHEREAS, the low bidder has submitted a contract and performance bond and related documents, copies of which are attached hereto and by this reference made a part hereof; and

WHEREAS, the City Attorney has examined the contract and performance bond for proper execution and all supporting documents to determine if the same comply with the contract specifications; and

WHEREAS, the City Attorney found said documents to be in order and she has approved the same in writing; and

WHEREAS, the City Manager and City Clerk should be authorized and directed to execute a contract for and on behalf of the City of Sioux City, Iowa.

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

Section 1: The construction of the Project in Sioux City, Iowa, together with necessary accessories and appurtenances, referred to in the preamble hereof, be and the same is hereby ordered.

Section 2: It is hereby found, determined and declared that the bid of Bainbridge Construction, LLC of Kingsley, Iowa, in the amount of $55,515.00 for construction of the Project in Sioux City, Iowa, as provided in the plans and specifications referred to in the preamble hereof is the lowest and/or best bid received and the same is hereby accepted and the contract awarded to said bidder.

Section 4: The contract and bond submitted by the contractor is hereby approved by the City Council for approval and signature by the City.

Section 7: The checks or bid bonds of all unsuccessful bidders, be, and the same are hereby ordered returned to such bidders.

PASSED AND APPROVED: September 23, 2019 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: September 23, 2019 ACTION ITEM # 8F FROM: Mike Collett, Airport Director

Resolution approving Work Order No. 39 with RS&H Iowa, P.C. in an amount not to exceed $343,058.00 for the construction survey, construc- SUBJECT: tion administration, and FAA closeout services for the Taxiway C South Project at the Sioux Gateway Airport/Brigadier General Bud Day Field.

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

RECOMMENDATION: Staff respectfully requests the City Council authorize the Airport Director to execute Work Or- der No. 39 with RS&H Iowa, P.C. in an amount not to exceed $343,058.00 for the construction survey, construction administration, and FAA closeout services for the Taxiway C South Pro- ject at the Sioux Gateway Airport/Brigadier General Bud Day Field. The Airport Board of Trustees approved this work order at their September 12, 2019 meeting.

DISCUSSION: This project consists of the reconstruction of the southerly 1,200’ of Taxiway C at 50’ wide, demolition of the existing pavement and shoulders, reconstruction of the Taxiway A/Taxiway C intersection, new lighting and signage, and drainage improvements.

FINANCIAL IMPACT: Work Order No. 39 is in an amount not to exceed $343,058.00. The FAA will fund 90% of the costs. Taxiway C South Project is programmed in FY21 under CIP No. 749-120 Rehabilita- tion Taxiway C.

RELATIONSHIP TO STRATEGIC PLAN: Municipal Responsibility-Infrastructure Strategic Focus Area-Expand Development Opportunities

ALTERNATIVES: N/A

ATTACHMENTS: Resolution Work Order No. 39

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING WORK ORDER NO. 39 WITH RS&H IOWA, P.C., IN AN AMOUNT NOT TO EXCEED $343,058.00 FOR THE CONSTRUCTION SURVEY, CONSTRUCTION ADMINSTRATION, AND THE FAA CLOSEOUT SERVICES FOR THE TAXIWAY C SOUTH PROJECT AT THE SIOUX GATE- WAY AIRPORT/BRIGADIER GENERAL BUD DAY FIELD.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA that Work Order No. 39 with RS&H Iowa, P.C., a copy of which is attached hereto and by this reference made a part hereof, in an amount not to exceed $343,058.00 for the construction survey, construction administration, and FAA closeout services for the Taxiway C South Project at the Sioux Gateway Airport/Brigadier General Bud Day Field, be and the same is hereby approved.

BE IT FURTHER RESOLVED that the Airport Director, be and he is hereby authorized and directed to execute said Work Order No. 39 for and on behalf of the City.

PASSED AND APPROVED: September 23, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

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x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: September 23, 2019 ACTION ITEM # 8G FROM: Mike Collett, Assistant City Manager

Resolution awarding and approving a contract to RP Constructors, LLC in the amount of $640,896.00 for the North Hangar Drainage Basin and Drainage SUBJECT: Improvements Project at the Sioux Gateway Airport/Brigadier General Bud Day Field (City Project No. 7064-749-117-118 / IDOT Grant No. 9I190SUX100, and IDOT Grant No. 9I191SUX100).

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

RECOMMENDATION: Staff respectfully requests Council award and approve a contract to RP Constructors, LLC of North Sioux City, South Dakota in the amount of $640,896.00 for the construction of the North Hangar Drainage Basin and Drainage Improvements Project (Project No. 7064-749-117-118). The Airport Board of Trustees approved this contract at their September 12, 2019 meeting.

DISCUSSION: This project includes the construction of a new acre drainage basin east of Taxiway C and south of the Taxiway E intersection. New drainage structures will be added to allow drainage of the North T-Hangar ramp. The existing pavements will be demolished and stockpiled for in- corporation into future projects. Taxiway edge lighting and associated guidance signs are included as the bid alternate. Notice of Public Hearing was advertised on August 24, 2019 and August 31, 2019. The public hearing was held on September 9, 2019. This project has an early start date of October 10, 2019, and a late start date of May 15, 2020. Work shall be completed within 60 Calendar Days.

The project was bid on September 10, 2019. Two (2) bids were received for this project. The bids are as follows:

Company City, State Base Bid + Alternate No. 1 Sioux City Engineering Sioux City, Iowa $794,157.71 RP Constructors, LLC North Sioux City, South Dakota $640,896.00 Engineer’s Estimate $890,000.00

The base bid and bid alternate no. 1, submitted by RP Contractors, LLC of North Sioux City, South Dakota is 27.99% or $249,104.00 below the Engineer’s Estimate of $890,000.00.

The Airport Board of Trustees has approved a recommendation to Council for an award and ap-

prove to RP Constructors, LLC on September 12, 2019.

FINANCIAL IMPACT: The Iowa DOT Grant 9I190SUX100 funded in FY19 CIP No. 749-117 for Rehabilitation will fund 70% of the North GA Ramp Taxi Lane; and IDOT Grant 9I191SUX100 funded in FY19 CIP No. 749-118 will fund 80% of the North GA Ramp Pavement Island Removal. This is programmed in the City’s FY19 CIP Airport Budget under paving and will be funded with Airport Abated GO Bonds.

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

ALTERNATIVES: 1. The City Council may choose to not award and approve this contract. 2. Bids may be further evaluated or the project documents may be revised and reissued for bid.

ATTACHMENTS: Resolution Letter of Recommendation Bid Tabulation Sheet Contracts (Hard Copies)

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION AWARDING AND APPROVING A CONTRACT TO RP CONSTRUCTORS, LLC IN THE AMOUNT OF $640,896.00 FOR THE NORTH HANGAR DRAINAGE BASIN AND DRAINAGE IMPROVEMENTS PROJECT AT THE SIOUX GATEWAY AIRPORT/BRIGADIER GENERAL BUD DAY FIELD (CITY PROJECT NO. 7064-749-117-118 / IDOT GRANT NO. 9I190SUX100, AND IDOT GRANT NO. 9I191SUX100).

WHEREAS, pursuant to a notice published in the manner and form prescribed by law, bids and proposals were received by the City of Sioux City, Iowa, on September 10, 2019, for the North Hangar Drainage Basin and Drainage Improvements Project, in Sioux City, Iowa, (the Project) together with necessary accessories and appurtenances, all in accordance with the plans and specifications heretofore prepared by RS&H Iowa, P.C.; and

WHEREAS, the low bidder has submitted a contract and performance bond and related documents, copies of which are attached hereto and by this reference made a part hereof; and

WHEREAS, the City Attorney has examined the contract and performance bond for proper execution and all supporting documents to determine if the same comply with the contract specifications; and

WHEREAS, the City Attorney found said documents to be in order and she has approved the same in writing; and

WHEREAS, the City Manager and City Clerk should be authorized and directed to execute a contract for and on behalf of the City of Sioux City, Iowa.

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

Section 1: The construction of the Project in Sioux City, Iowa, together with necessary accessories and appurtenances, referred to in the preamble hereof, be and the same is hereby ordered.

Section 2: It is hereby found, determined and declared that the bid of RP Constructors, LLC of North Sioux City, South Dakota, in the amount of $640,896.00 for construction of the Project in Sioux City, Iowa, as provided in the plans and specifications referred to in the preamble hereof is the lowest and/or best bid received and the same is hereby accepted and the contract awarded to said bidder.

Section 4: The contract and bond submitted by the contractor is hereby approved by the City Council for approval and signature by the City.

Section 6: Progress payments may be made to the contractor under the terms and provisions of the contract by the Director of Finance in amounts certified by the Assistant City Manager as the value of work satisfactorily performed for the period.

Section 7: The checks or bid bonds of all unsuccessful bidders, be, and the same are hereby ordered returned to such bidders.

PASSED AND APPROVED: September 23, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

4525 Airport Approach Road O 218-722-1227 Suite A F 7218-722-1052 Duluth, Minnesota 55811 rsandh.com

September 10, 2019

Mr. Mike Collett, Airport Director City of Sioux City- Sioux Gateway Airport 2403 Aviation Blvd Sioux City, IA 51111

RE: Sioux Gateway Airport- North Hangar Area Drainage Basin and Drainage Improvements Recommendation to Award.

Dear Mr. Collett:

I have reviewed the bid received at 1:00 p.m. on September 10, 2019 for the above referenced project. Bids were received from 2 contractors. The average base bid was $717,526.86. The low bid was submitted by RP Constructors, LLC at $640,869.00. The low bid is 27.99% below the Engineer’s estimate of $890,000.00. Contributing factors to the bids are as follows:

• The electrical was about 50% of the estimate o 2 electrical contractors bid the project • The price of the 11”concrete paving was about $40/SY less than the estimate and $60/SY less than the second bidder

Engineers Estimate $ 890,000 .00 RP Constructors, LLC. $ 640,896.00 Sioux City Engineering Company $ 794,157.71

A complete Bid tabulation is attached.

A copy of the low bidder proposal form is attached

The DBE Goal for the project was 3.80%. The low bidder has committed to 2.3% (Tiedt Nursery, LTD). The second bidder committed to 0%.

Tiedt Nursery is also listed as an Iowa DOT Targeted Small Business (TSB). Although there was not a TSB goal established for this project, the low bidder is committed to 2.3%. The second bidder committed to 0%.

Having reviewed the Bids, finding no evidence of improprieties therein, and verifying the qualifications of the low bidder, I recommend that City of Sioux City award the Contract to the apparent lowest responsible bidder, RP Constructors, LLC in the amount of the Schedule A, Schedule B and Additive Alternate #1at the discretion of the City.

• Schedule A $437,230.00 • Additive Alternate #1 $33,668.50 • Schedule B 169,997.50 Total $640,896.00

rsandh.com

City of Sioux City Page 2

The recommendation of award is contingent upon applicable contract requirements and available funding.

If you have any questions or need additional information, please feel free to call.

Sincerely,

RS&H, Inc.

Darren Christopher, P.E.

Enclosures

Page 2 of 2 LOCATION: SIOUX GATEWAY AIRPORT RS&H, Inc. Date Prepared: 09/10/2019 PROJECT DESCRIPTION: Prepared By: DKC NORTH HANGAR DRAINAGE BASIN & DRAINAGE IMPROVEMENTS RS&H Project No. 214-9554-040

Engineer's Estimate of Probable Construction Cost ENGINEERS ESTIMATE RP CONSTRUCTORS, LLC SIOUX CITY ENGINEERING COMPANY

ITEM NO. WORK ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT

BASE BID - APRON EXPANSION C-102-5.1 Installation and Removal of Inlet Protection EACH 3 $500.00$ 1,500.00 $350.00$ 1,050.00 $900.00$ 2,700.00 C-102-5.2 Erosion & Sediment Control Permitting LSUM 1 $1,500.00$ 1,500.00 $500.00$ 500.00 $2,600.00$ 2,600.00 C 105-6.1 Mobilization LSUM 1$ 70,000.00 $ 70,000.00 $ 62,500.00 $ 62,500.00 $ 31,500.00 $ 31,500.00 C 105-6.2 Traffic Control LSUM 1 $30,000.00$ 30,000.00 $11,000.00$ 11,000.00 $10,800.00$ 10,800.00 P-101-5.1 Concrete Pavement Removal SYD 7,050 $10.00$ 70,500.00 $5.00$ 35,250.00 $7.00$ 49,350.00 P-101-5.3 Edge Reflector Removal EACH 12 $10.00$ 120.00 $5.00$ 60.00 $300.00$ 3,600.00 P-152-4.0 Unclassified Excavation/Embankment CYD 1,200 $10.00$ 12,000.00 $25.00$ 30,000.00 $18.00$ 21,600.00 P-154-5.1 Geotextile Fabric CYD 1,700 $3.00$ 5,100.00 $4.00$ 6,800.00 $6.00$ 10,200.00 P-219-5.1 13" Recycled Cement Concrete Pavement CYD 640 $75.00$ 48,000.00 $51.50$ 32,960.00 $48.00$ 30,720.00 P-501-8.1 11-inch Thick Portland Cement Concrete Pavement SYD 1,700 $110.00$ 187,000.00 $89.60$ 152,320.00 $150.00$ 255,000.00 D-701-5.2 15" Class V Storm Drain Pipe LFT 630 $75.00$ 47,250.00 $62.00$ 39,060.00 $79.00$ 49,770.00 D-751-5.1 Non-Aircraft Rated Catch Basin EACH 2 $6,000.00$ 12,000.00 $4,800.00$ 9,600.00 $4,400.00$ 8,800.00 D-751-5.3 Connect ot Existing Catch Basin EACH 1 $2,500.00$ 2,500.00 $1,500.00$ 1,500.00 $1,150.00$ 1,150.00 T-901-5.1 Seeding ACRE 1.5 $2,000.00$ 3,000.00 $4,500.00$ 6,750.00 $3,000.00$ 4,500.00 T-905.5.1 Topsoiling (Furnished from off the Site) CYD 600 $30.00$ 18,000.00 $30.00$ 18,000.00 $33.00$ 19,800.00 T-908-5.1 Mulching ACRE 1.5 $3,000.00$ 4,500.00 $3,500.00$ 5,250.00 $3,200.00$ 4,800.00 L-108-5.1 1/C L-824C Underground Cable, No. 8 AWG, 5kV With 1-#6 XHHW Ground LFT 950 $5.00$ 4,750.00 $1.60$ 1,520.00 $1.74$ 1,653.00 L-108-5.2 1/C No. 6 Bare Counterpoise Wire with Ground Rods in Trench LFT 400 $6.00$ 2,400.00 $1.60$ 640.00 $1.75$ 700.00 L-110-5.1 1-Way, 2 Inch , Sch 80 PVC Conduit, Direct Buried LFT 400 $13.00$ 5,200.00 $11.50$ 4,600.00 $12.65$ 5,060.00 L-110-5.2 2-Way, 2 Inch , Sch 40 PVC Conduit, Concrete Encased LFT 125 $75.00$ 9,375.00 $26.00$ 3,250.00 $28.05$ 3,506.25 L-115-5.1 L-867D Junction Can in Turf EACH 2 $2,000.00$ 4,000.00 $690.00$ 1,380.00 $754.60$ 1,509.20 L-125-5.1 L-858(L) Guidance Sign, Size 2, 2 Module EACH 2$ 16,265.00 $ 32,530.00 $ 5,150.00 $ 10,300.00 $ 5,654.55 $ 11,309.10 L-125-5.3 L-853 Retroreflective Marker EACH 21$ 500.00 $ 10,500.00 $ 140.00 $ 2,940.00 $ 149.60 $ 3,141.60 Bid Schedule A Total Cost $ 581,725.00 $ 437,230.00 $ 533,769.15 BID ALTERNATE #1 L-108-5.1 1/C L-824C Underground Cable, No. 8 AWG, 5kV With 1-#6 XHHW Ground LFT 350 $5.00$ 1,750.00 $3.58$ 1,253.00 $1.71$ 598.50 L-108-5.2 1/C No. 6 Bare Counterpoise Wire with Ground Rods in Trench LFT 575 $6.00$ 3,450.00 $2.39$ 1,374.25 $1.72$ 989.00 L-110-5.1 1-Way, 2 Inch , Sch 80 PVC Conduit, Direct Buried LFT 575 $13.00$ 7,475.00 $13.19$ 7,584.25 $12.42$ 7,141.50 L-125-5.2 L-861T(L) and Isolation Transformer on New L-867B Base Can EACH 21$ 3,500.00 $ 73,500.00 $ 1,253.00 $ 26,313.00 $ 1,029.24 $ 21,614.04 L-125-5.3 L-853 Retroreflective Marker EACH -21$ 500.00 $ (10,500.00) $ 136.00 $ (2,856.00) $ 146.88 $ (3,084.48)

Bid Alternate #1 Total Cost $ 75,675.00 $ 33,668.50 $ 27,258.56

BASE BID - APRON EXPANSION C-102-5.1 Installation and Removal of Inlet Protection EACH 2$ 500.00 $ 1,000.00 $ 350.00 $ 700.00 $ 900.00 $ 1,800.00 C-102-5.2 Erosion & Sediment Control Permitting LSUM 1$ 1,500.00 $ 1,500.00 $ 500.00 $ 500.00 $ 2,600.00 $ 2,600.00 C 105-6.1 Mobilization LSUM 1$ 34,000.00 $ 34,000.00 $ 16,000.00 $ 16,000.00 $ 16,500.00 $ 16,500.00 C 105-6.2 Traffic Control LSUM 1$ 20,000.00 $ 20,000.00 $ 8,500.00 $ 8,500.00 $ 6,000.00 $ 6,000.00 P-101-5.1 Concrete Pavement Removal SYD 975$ 10.00 $ 9,750.00 $ 8.00 $ 7,800.00 $ 10.00 $ 9,750.00 P-219-5.1 12" Recycled Cement Concrete Pavement CYD 350$ 75.00 $ 26,250.00 $ 51.50 $ 18,025.00 $ 48.00 $ 16,800.00 P-501-8.1 11-inch Thick Portland Cement Concrete Pavement SYD 975$ 110.00 $ 107,250.00 $ 89.50 $ 87,262.50 $ 150.00 $ 146,250.00 D-701-5.2 15" Class V Storm Drain Pipe LFT 270$ 80.00 $ 21,600.00 $ 63.00 $ 17,010.00 $ 74.00 $ 19,980.00 D-751-5.2 Aircraft Rated Catch Basin EACH 1$ 6,000.00 $ 6,000.00 $ 8,700.00 $ 8,700.00 $ 8,900.00 $ 8,900.00 D-751-5.3 Connect ot Existing Catch Basin EACH 1$ 2,500.00 $ 2,500.00 $ 1,500.00 $ 1,500.00 $ 1,350.00 $ 1,350.00 T-901-5.1 Seeding ACRE 0.25$ 2,000.00 $ 500.00 $ 4,500.00 $ 1,125.00 $ 3,000.00 $ 750.00 T-905.5.1 Topsoiling (Furnished from off the Site) CYD 50$ 30.00 $ 1,500.00 $ 40.00 $ 2,000.00 $ 33.00 $ 1,650.00 T-908-5.1 Mulching ACRE 0.25$ 3,000.00 $ 750.00 $ 3,500.00 $ 875.00 $ 3,200.00 $ 800.00

Bid Schedule B Total Cost $ 232,600.00 $ 169,997.50 $ 233,130.00

TOTAL BID SCHEDULE A, B & BID ALTERNATE 1 $ 890,000.00 $ 640,896.00 $ 794,157.71

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: September 23, 2019 ACTION ITEM # 9A Stan LaFave, Facilities Maintenance Supervisor FROM: Mike Collett, Assistant City Manager

Resolution accepting the work and authorizing final payment to Winkler SUBJECT: Roofing, Inc. of Sioux City, Iowa for a portion of the Hail Damaged Roofs and Buildings Projects (Project No. 7005-889-003).

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

RECOMMENDATION: Staff respectfully requests Council approve the attached resolution accepting the work and authorizing final payment in the amount of $57,442.70 now and $13,498.05 in 30 days to Winkler Roofing, Inc. of Sioux City, Iowa for a portion of the Hail Damaged Roofs and Buildings Projects (Project No. 7005-889-003).

DISCUSSION: A contract was awarded to C.W. Suter & Son, Inc. of Sioux City, Iowa on September 10, 2018 pursuant to Resolution No. 2018-0731. The work has been completed and approved by City staff.

Below is a summary of the project:

Original Contract Amount: $263,200.00

Change Order No. 1: $1,235.00 WWTP Barn – Remove and replace damaged sheathing $28.00 Strikers Concession - Remove and replace damaged sheathing $224.00 WWTP Final Scum Lift Station – Change T-bar cover from steel to aluminum $125.00 WWTP Administration Building – Change T-Bar cover from steel to aluminum $690.00 Fire Station No. 3 – Remove and replace damaged sheathing $168.00

Change Order No. 2: $2,680.00 Lewis Pool Bath House – Remove and replace expanded window screens $2,680.00

Change Order No. 3: $2,846.00 Fire Station No. 5 – Remove replace damaged sheathing $448.00 WWTP Administration Building – Remove and replace wet damaged Polyiso- $2,398.00 cyanurate insulation, provide and install tapered insulation (X boards) and (Y boards)

Final Construction Cost: $269,961.00 The final construction cost for this project is $269,961.00 which is 2.57% or $6,761.00 above the original contract amount.

Retainage held is 5% of the total project or $13,498.05. This will be paid in 30 days, leaving the current payment due of $57,442.70.95.

FINANCIAL IMPACT: This project is funded using Insurance Funds and GO Bonds under CIP No. 889-003 Annual City-Wide Roof Maintenance and Replacement.

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

ALTERNATIVES: None

ATTACHMENTS: Resolution Change Order No. 1 Change Order No. 2 Change Order No. 3 Winkler Roofing, Inc. Application and Certificate for Payment No. 5 Correction Winkler Roofing, Inc. Application and Certificate for Payment No. 6 (RETAINAGE) Consent of Surety to Final Payment Contractor’s Affidavit of Release of Liens Contractor’s Affidavit of Payment of Debts and Claims

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION ACCEPTING THE WORK AND AUTHORIZING FINAL PAYMENT TO WINKLER ROOFING, INC. OF SIOUX CITY, IOWA FOR A PORTION OF THE HAIL DAMAGED ROOFS AND BUILDINGS PROJECTS (PROJECT NO. 7005- 889-003).

WHEREAS, on September 10, 2018, Sioux City, Iowa, entered into a contract with Winkler Roofing, Inc. of Sioux City, Iowa for a portion of the Hail Damaged Roofs and Buildings Projects ("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 September 23, 2019, 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 $269,961.00 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 $57,442.70 now and in the amount of $13,498.05 in thirty days provided there are no liens or claims against retainage on file, payable from the appropriate fund in favor of Winkler Roofing, Inc. of Sioux City, Iowa for the construction of the project.

PASSED AND APPROVED: September 23, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

I Document G7OITM 17 Change Order

PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: City of Sioux City Hail Damaged Rook Contract For: Fire Station No. 3 Change Order Number: 001 Fire Station No 5 Lewis and Clark Stadium Shed Pulaski Park Storage Strikers Ball Field Concessions Lewis Park Bath House WWTP Storage Barn WWTP Final Scum Lift St WWTP Admin Bldg Sioux City, Iowa Date: September 10, 201S Date: April 17. 2019

OWNER: (Name and adtkess) ARCHITECT: (Name and address) CONTRACTOR: (Name and address) City of Sioux City FEH DESIGN Winkler Rooting, Inc. 405 6th Street 1201 4th Street Suite 201 3325 28th Street Sioux City, Iowa 51105 Sioux City, Iowa 51101 Sioux City, Iowa 51105

THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, t% applicable, attach or reference specific titbits. Also include agreed upon adjustments attributable to executed Construction Chanv Directives.) Refer to Attachment "A"

The original Contract Sum was 263.200.00 The net change by previously authorized Change Orders 0.00 The Contract Sum prior to this Change Order was 263201).00 The Contract Sum will be increased by this Change Order in the amount of 1.235.00 The new Contract Sum including this Change Order will be 264,435.00

The Contract Time will be increased by Zero (0) days. The new date of Substantial Completion will be June 21. 2019

NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive.

NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.

FEH DESIGN Winkler Rooting, Inc. City of Sioux City A ECT (F rm C (Finn 201 OWNER ( -irm name)

SIGNATURE SI SIGNATURE

.57-#4 A FA VC PRINTED NAME AND TITLE PRINTED NA E AND TI E PRINTED NAME AND TITLE

Ronald D. Sneckmann, ALA Jeff Winkler, President Stan LaFAve DATE4 49.../4, DATE DATE 7

AIA Document G701" — 2017. Copyright ©1979, 1987, 2000 . 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIA,' Document is protected by U.S. Copyright Law and.International Treaties. Unauthorized reproduction or diStribution of this AIA0 Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by NA software at 11:32:10 ET on 04/18/2019 under Order No. 6981286405 which expires on 08/23/2019. and is not for resale. User Notes: (389ADA53) ATTACHMENT "A" CHANGE ORDER NO. 1

1. WWTP Barn: a. Cost to remove and replace rotten/ damaged plywood sheeting. Refer to Winkler Roofing, Inc. Change Order Request #1 dated 10/22/2018:

Add $28.00

2. Strikers Concession: a. Cost to remove and replace rotten/ damaged plywood sheeting. Refer to Winkler Roofing, Inc. Change Order Request #1 dated 10/22/2018:

Add $224.00

3. WWTP Final Scum Lift Station: a. Cost to change T-bar cover to be .040" Color Clad Aluminum in Lieu of 24-gauge Color Clad steel due to corrosive environment. Refer to Winkler Roofing, Inc. Change Order Request #1 dated 10/22/2018:

Add $125.00

4. WWTP Administration Building: a. Cost to change T-bar cover to be .040" Color Clad Aluminum in Lieu of 24-gauge Color Clad steel due to corrosive environment. Refer to Winkler Roofing, Inc. Change Order Request #1 dated 10/22/2018:

Add $690.00

5. Fire Station No. 3: a. Cost to remove and replace rotten/ damaged plywood sheeting. Refer to Winkler Roofing, Inc. Change Order Request #2 dated 10/31/2018:

Add $168.00

Net Change to Contract - Add $1,235.00

FEH DESIGN WINKLER ROOFING, INC. PHONE # 712-277-4114 -4'375 287" STREET Fax # 712-277-2907 Sioux CCM IOWA 51105 JEFF WINKLER. PRESIDENT

DATE: OCTOBER 22, 2018 TO: CITY OF SIOUX CITY ATTN: STAN LAFAVE

CHANGE ORDER REQUEST #1

PROJECT: HAIL DAMAGE ROOFS

1. WWTP BARN:

PRICE TO REMOVE AND REPLACE ROTTEN/DAMAGED PLYWOOD SHEETING

1' X 8' X $3.50/SF = ADD $28.00 (TWENTY-EIGHT)

2. STRIKERS CONCESSION:

PRICE TO REMOVE AND REPLACE ROTTEN/DAMAGED PLYWOOD SHEETING

2 EACH X 4' X 8' X $350/SF = $224.00 (TWO HUNDRED TWENTY-FOUR)

3. WVVTP FINAL SCUM LIFT STATION:

PRICE TO CHANGE T-BAR COVER TO BE .040" COLOR CLAD ALUMINUM IN LIEU OF 24 GAUGE COLOR CLAD STEEL DUE TO CORROSIVE ENVIRONMENT.

ADD: $125.00 (ONE HUNDRED TWENTY-FIVE)

PAGE 2

4. WWTP ADMIN BUILDING:

PRICE TO CHANGE TO BE .040" COLOR CLAD ALUMINUM IN LIEU OF 24 GAUGE COLOR CLAD STEEL DUE TO CORROSIVE ENVIRONMENT.

ADD: $690.00 (SIX HUNDRED NINETY)

ROOFING, INC. JEFFERY M. WINKLER i o12z1 i? DATE DATE WINKLER ROOFING, INC. PHONE # 712-277-4114 3325 28Th STREET FAX # 712-277-2907 SIOUX CITY. IOWA 51105 JEFF WINKLER. PRESIDENT

DATE: OCTOBER 31, 2018

TO: CITY OF SIOUX CITY ATTN: STAN LAFAVE

CHANGE ORDER REQUEST #2

PROJECT: HALL DAMAGE ROOFS

FIRE STATION #3

PRICE TO REMOVE AND REPLACE ROTTEN DAMAGED PLYWOOD SHEETING:

1.5 EACH X 4' X 8' X S3.50/SF = S168.00

ADD: 51.68.00 (ONE HUNDRED SIXTY-EIGHT)

JEFFERY M. WINKLER

ID/Sill DATE DATE

Document G701TM - 2017 Change Order

PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: City of Sioux City Hail Damaged Roofs Contract For: Fire Station No. 3 Change Order Number: 002 Fire Station No 5 Lewis and Clark Stadium Shed Pulaski Park Storage Strikers Ball Field Concessions Lewis Park Bath House WWTP Storage Barn WWTP Final Scum Lift St WWTP Admin Bldg Sioux City, Iowa Date: September 10, 2018 Date: May 27. 2019

OWNER: (Name and address) ARCHITECT: (Name and address) CONTRACTOR: (Nance and address) City of Sioux City FEH DESIGN Winkler Roofing, Inc. 405 6th Street 1201 4th Street Suite 201 3325 28th Street Sioux City, Iowa 51105 Sioux City,. Iowa 51101 Sioux City, Iowa 51105

THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and if applicable. attach or reference specilie exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives.) Refer to Attachment "A"

The original Contract Sum was $ 263,200.00 The net change by previously authorized Change Orders 1,235.00 The Contract Sum prior to this Change Order was 264,435.00 The Contract Sum will be increased by this Change Order in the amount of 2,680.00 The new Contract Sum including this Change Order will be 267,115.00

The Contract Time will be increased by Zero (0) days. The new date of Substantial Completion will be June 21, 2019

NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.

FEH DESIGN Winkler Rooting, Inc. City of Sioux City ARCHITECT (FirtiKime) CONTR Firm min OWNER (Firm mime)

filarsk rePe- GNATURE V SIG ATUREN—, g5tA44 • 10.e.c.ke‘filarnti -57—Abri.-co," D. tra ICA tee` PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE

Ronald D. Speckmann, ALA Jeff Winkler, President Stan LaFAve DATE 21 DATE 512e)11 DATE S, 3 _20 /pi

AIA Document G701'm — 2017. Copyright 1979, 1987, 2000 . 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AIND Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIM' Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 17:25:41 ET on 05/27/2019 under Order No. 6981286405 which expires on 08/23/2019. and is not for resale. User Notes: (389ADA60) ATTACHMENT "A" CHANGE ORDER NO. 2

1. Lewis Pool Bath House: a. Cost to remove and replace existing expanded window screens. Refer to Winkler Roofing, Inc. Change Order Request #3 (Revised) dated 04/29/2019:

Add $2,680.00

Net Change to Contract - Add $2,680.00 WINKLER ROOFING, INC. PHONE # 712-277-4114 3325 28T" STREET FAX # 712-277-2907 SIOUX CITY. IOWA 51105 JEFF WINKLER. PRESIDENT DATE: APRIL 29 2019

TO: CITY OF SIOUX CITY ATTN: STAN LAFAVE

CHANGE ORDER REQUEST #3 (REVISED)

PROJECT: HAIL DAMAGE ROOFS

LEWIS POOL BATH HOUSE

PRICE TO MODIFY 5 EACH EXISTING EXPANDED METAL WINDOW SCREENS.

• REMOVE EXISTING BATTEN BOARDS AND EXPANDED METAL SCREENS. • CUT DOWN THE EXISTING SCREENS BY 1". • FURNISH AND INSTALL NEW COLOR CLAD STEEL "J" TRACK AT HEAD, SILL AND JAMB OF WINDOW OPENINGS. • RE-INSTALL EXISTING EXPANDED METAL SCREENS INTO "J" TRACK AND FASTEN INTO PLACE. 1 DAMAGED SECTION OF SCREEN TO BE REPLACED WITH NEW. • FURNISH AND INSTALL NEW BATTENS TO BE 24 GAUGE COLOR CLAD STEEL.

ADD: $2,680.00 (TWO THOUSAND SIX HUNDRED EIGHTY)

NOTE: IF THIS PCO NOT AUTHORIZED, WE WILL HAVE TO PULL BACK THE EXISTING BATTEN BOARDS ENOUGH TO SLIDE OUR NEW FLASHING UNDER THE EDGE OF THE EXISTING CAP PIECE. SOME OF THE EXISTING BATTEN BOARDS ARE ALREADY DAMAGED AND RE- FASTENING THEM TO THE EXISTING CAP PIECE WELL .BE DIFFICULT. WE BELIEVE THIS PCO PROVIDES THE BEST WAY OF ENSURING WEATHER TIGHT ROOF SYSTEM.

W 00FING, TC. JEFFERY M. WINKLER

4-29-2019 DATE

vTityhA

Document G701T" — 2017 Change Order

PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: City of'Sioux City Hail Damaged Roofs Contract For: Fire Station No. 3 Change Order Number: 003 . Fire Station No 5 Lewis and Clark Stadium Shed Pulaski Park Storage Strikers Ball Field Concessions Lewis Park Bath House WWTP Storage Barn WWTP Final Scum Lift St WWTP Admin Bldg Sioux City, Iowa Date: September 10. 2018 Date: June I. 2019

OWNER: (Name and address) ARCHITECT: (Name and address) CONTRACTOR: (Name and address) City of Sioux City FEH DESIGN Winkler Roofing, Inc. 405 6th Street 1201 4th Street Suite 201 3325 28th Street Sioux City, Iowa 51105 Sioux City, lowa 51101. Sioux City, Iowa 51105

THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, ilapplicabk, attach or reference specific exhibits. Also include agreed upon adinstments attributable to executed Construction Change Directives) Refer to Attachment "A"

The oriainal Contract Sum was $ 263,200.00 The net change by previously authorized Change Orders 3,915.00 The Contract Sum prior to this Change Order was 267,115.00 The Contract Sum will be increased by this Change Order in the amount of 2,846.00 The new Contract Sum including this Change Order will be 269,961.00 The Contract Time will be increased by Zero (0) days. The new date of Substantial Completion will be June 21, 2019

NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.

FEH DESIGN \Vii Inc. City of Sioux City AR T EC1 wme) OWNER (Firm name)

4..4 SIGNATURE SI ATUEv 4.A,=-Avc PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE Ronald D. Speckmann, AIA Jeff Winkler,11 •esidixtt Stan LaFAve DATE Zor7 DATE ( I DATE 6 A //9 sz ,

AIA Document G701" 2017. Copyright © 1979. 1987, 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AlAo Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AtA0 Document, or any portion of it, may result in severe civil and criminatpenalties;and will•be prosecuted to the maximum extent possible underthe law. This document was produced by AIA software at 21:57:27 ET on 06/01/2019 under Order No. 6981286405 which expires on 08/23/2019, and is not for resale. User Notes: (3B9ADA50) ATTACHMENT "A" CHANGE ORDER NO. 3

1. Fire Station #5: a. Cost to remove and replace rotten damaged plywood sheeting. Refer to Winkler Roofing, Inc. Change Order Request #4 dated 06/03/2019:

Add $ 448.00

2. WWTP Admin: a. Cost to remove and replace wet damaged Polyisocyanurate insulation. Refer to Winkler Roofing, Inc. Change Order Request #4 dated 06/03/2019: Add .$ 2,112.00

b. Cost to provided and install tapered insulation (X Boards) to provide positive drainage a portion of the roof. Refer to Winkler Roofing, Inc. Change Order Request #4 dated 06/03/2019: Add $ 154.00

c. Cost to provided and install tapered insulation (Y Boards) to provide positive drainage a portion of the roof. Refer to Winkler Roofing, Inc. Change Order Request #4 dated 06/03/2019: Add $ 132.00

Net Change to Contract - Add $2,846.00

WINKLER ROOFING, INC. Phone # 712-277-4114 3325 28th Street Fax # 712-277-2907 Sioux city, Iowa 51105 Jeff Winkler, President DATE: JUNE 3, 2019

TO: CITY OF SIOUX CITY ATTN: STAN LAFAVE

CHANGE ORDER REQUEST #4

PROJECT: HAIL DAMAGE ROOF

1. FIRE STATION #5: PRICE TO REMOVE AND REPLACE ROTTEN DAMAGED PLYWOOD SHFETING: 4 EACH X 4' X 8' X $3.50/SF = $448.00 (FOUR HUNDRED FORTY-EIGHT)

2. WWTP ADMLN: PRICE TO REMOVE AND REPLACE WET DAMAGED POLYISO INSULATION: 16 EACH - 3" BROS X 4' X 8'/2" X $2.75/SF = 768/SF X $2.75 =

$2,112.00 (TWO THOUSAND ONE HUNDRED TWELVE)

7 EACH - X BRDS (1" AVG) X 4' X 4'/2" X $2.75/SF = 56 SF X $2.75 =

$154.00 (ONE HUNDRED FIFTY-FOUR)

3 EACH - Y BRDS (2") X 4' X 4'/2" X $2.75/SF = 48 SF X $2.75/SF =

$132.00 (ONE HUNDRED THIRTY-TWO)

WWTP ADMIX TOTAL = $2,398.00 (TWO THOUSAND THREE HUNDRED NINETY-EIGHT)

" 70i rROOFING, INC. JEFFERY M. WJZNKLER

DATE DATE A Document G702 - 1992 Application and Certificate for Payment TO OWNER: PROJECT: CITY OF SIOUX CITY HAIL DAMAGED ROOFS APPLICATION NO: #5 CORRECTION Distribution to: 405 6TH ST PERIOD TO: 6/1/19 TO 6/30/19 OMPR SIOUX CITY IA 51101 CONTRACT FOR: ARCHITECT 11 FROM CONTRACTOR: VIA ARCHITECT: CONTRACT DATE: WINKLER ROOFING, INC. FEH DESIGN CONTRACTOR Ft 3325 28TH STREET PROJECT NOS: 7 0 05 1201 4TH ST STE 201 / 889 '1003 FIELD 0 SIOUX CITY, IA 51105 SIOUX CITY IA 51101 OTHER 0 CONTRACTOR'S APPLICATION FOR PAYMENT The undersiuned Contractor certifies that to the best of the Contractor's knowledge, information Application is made for payment, as shown below. in connection with the Contract. and belief the Work. covered by this Application for Payment has been completed in accordance AEA Document.G703I'l, Continuation Sheet, is attached. with the Contract Documents, that all unto . ia', been paid by the Contractor for Work for which previous Certificates for Payment 1. ORIGINAL CONTRACT SUM . ere issu nd payments received from the Owner, and s263,200.00 that tureen nteut shoe n hereit is w 2. NET CHANGE BY CHANGE ORDERS s 6,761.00 CON 3. CONTRACT SUM TO DATE (Line I -1 2) 269 r9J&L. 00 13y: Date: 9-11-19 4. TOTAL COMPLETED & STORED TO DATE (Column G on G70.3) 269,961.00 State of. Jeffrey Winkler 5. RETAINAGE: County of a. 5% or Completed Work WOODBURY Subscribed and sworn to before (Columns D Eon 6703) me this $13,498.05 11TH daY °I SEPTEMBER, 2019 b. of Stored Material ANN M. O'NEILL (Cohinin F 011 G703) Notary Public: Commission Number 736987 commissi-on--,-..x-pires 0 MY COMMISSION WIRES Total Retainaue (Lines 5a '1- 51). in Total in Co/uooi L qt. G71)3.) s 13,498.05 10-5-2-0 6. TOTAL EARNED LESS RETAINAGE s256,462.95 ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 minus Line 5 Total) In accordance with the Contract Documents, based on on-site observations and the data comprising 7.LESS PREVIOUS CERTIFICATES FOR PAYMENT 5199,020.25 this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, (Line &from prior Certificate) information and belief the Work has pro pressed as indicated, the quality of the Work is in accordance. with the. Contract Documents, and the Contractor is entitled to payment. of the 8.CURRENT PAYMENT DUE Ls151÷442.70 AMOUNT CERTIFIED. 9.BALANCE TO FINISH, INCLUDING RETAINAGE AMOUNT CERTIFIED 7 7o tyjni,, 3 minus Line h) / 44Z. s13_,498.05 (Attach explanation ilam)tan certified difkrs front the amount applied. Initial jignivs on this .1pplica(Mlia17(101! the C.otrtittnativrt .Sheet hal are changed in C(.411711 with the eln1011111 certified.) CHANGE ORDER -SUMMARY 1 ADDITIONS DEDUCTIONS 1 ARCHITECT;` Ro a D . S eck nn Total chanues approved in previous months by Owner I S 3,915.00Is 13y: — Dar q—./Z — /9 Total approved this month ..—i2-08-6 ,-0-0 S This Certificate is net negotiable. Hue AMOUNT CERTIFIED is payable only to the Contractor TOTAL 2_6 r7 61 . a.0 S named herein. Issuance. payment' and aL,cplance of payment are without prejudice to any rielits the Owner Or Contractor under this Contract. NET CHANGES by Chan,4e, Order IS 6,761.00 CAUTION: You should sign an original ALA Contract Document. on which this text appears in RED. An original assures that changes will not be obscured. AIA Document G702'" - 1992. Copyright it; 1953 1953, 1965 1971. 1973 1983 :-Inc.11692 by ThE3 Ameri,:an institute Architects. Ail rights reserved. `4`/ARNING. this A1A' Dec:anent is aid internatiQn‘d Treaties. protected by U.S. Cr;:byright.Law Unauthorized ,sproduction or distribt.t*...n- of this AIX' Document or any portion of it, may result in severs chrti and criminal penalties, and will possible under the law. Purchasers aie permitted in reprcduce tEn ( WI copies of he prosecuted to the maximum extent !i:I* document completed. To report copyright ;P:ciations of MA Contract Documents. e•inall th -American Institute of Architects' mutt counser, coy./ coo Previous Balance to C.O.'s Scheduled Value Applications This Period Stored To Date Finish Retainage FS No. 3 $ 168.00 $ 43,000.00 $ 43,168.00 $ $ - $ 2,158.40

FS No. 5 $ - $ 48,000.00 $ 48,000.00 $ $ $ 2,400.00

L & C - Shed $ 10,900.00 $ 10,900.00 $ $ $ 545.00

Pulaski Park $ 4,500.00 $ 4,500.00 $ $ $ 225.00

Strikers $ 224.00 $ 16,300.00 $ 16,524.00 $ $ $ 826.20

Lewis Bath House $ 2,680.00 $ 62,400.00 $ 65,080.00 $ $ $ 3,254.00

WWTP - Barn $ 28.00 $ 8,600.00 $ 8,628.00 $ $ $ 431.40

WWTP - Final Scum $ 125.00 $ 11,500.00 $ 11,625.00 $ $ $ 581.25

WWTP - Admin Bldg $ 3,536.00 $ 58,000.00 $ 1,070.00 $ 60,466.00 $ $ 3,076.80

$ 6,761.00 $ 263,200.00 $ 209,495.00 $ 60,466.00 $ $ 13,498.05

Pay App No. 1 $ 4,850.00 ($242.50) $ 4,607.50 Pay App No. 2 $ 81,480.00 ($4,074.00) $ 77,406.00 Pay App No. 3 $ 10,700.00 ($535.00) $ 10,165.00 Pay App No. 4 $ 112,465.00 ($5,623.25) $ 106,841.75 Pay App No. 5 $ 60,466.00 ($3,023.30) $ 57,442.70 Total Completed to Date $ 269,961.00 ($13,498.05) $ 256,462.95

Pay App No. 5 Total Completed to date 269,961.00 Total retainage ($13,498.05) Current payment due 57,442.70

Line 9. G702 13,498.05 change order $2,846.00 not approved not included in c.o.'s balance a Ai% a I A Document G702 - 1992 Application and Certificate for Payment

TO OWNER: PROJECT: APPLICATION NO: #6 RETAINAGE Distribution to: CITY OF SIOUX CITY HAIL DAMAGE ROOFS PERIOD To: 405 6TH ST 6/1/19 TO 6/30/19 OWNER ❑ SIOUX CITY IA 51101 CONTRACT FOR: ARCHITECT ❑ FROM CONTRACTOR: VIA ARCHITECT: WINKLER ROOFING, INC. FEH DESIGN CONTRACT DATE: CONTRACTOR CI PROJECT NOS: 7005 3325 28TH STREET 1201 4TH ST STE 201 889 / 1003 FIELD SIOUX CITY, IA 51105 SIOUX CITY IA 51101 OTHER CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, information Application is made for payment, as shown below, in .connection with the Contract. and belief the Work covered by this Application for Payment has been completed in accordance AIA Document G70:3Tm, Continuation Sheet, is attached. with the Contract Documents, that all an tints have been paid by the Contractor for Work for which previous Certificates for Paym issued and payments received front the Owner, and 1. ORIGINAL CONTRACT SUM s263,200.00 that curr shown herein 2. NET CHANGE BY CHANGE ORDERS S 6,761 00 CO 3. CONTRACT SUM TO DATE (Line l ± 2) s269,961.00 Dv: Date: 6-17-19 4. TOTAL COMPLETED & STORED TO DATE (Column G on G703) State Jeffrey Winkler 5. RETAINAGE: County of: WOODBURY a. % of Completed Work Subscribed and sworn to before (Columns D + E on 6703) me this 17TH day of JUNE 2019 b. % of Stored Material 4.01 4. ANN M. O'NEILL (Column F on G703) Notary Public: Commission Numoer 736987 *&41sc My commissio Expired 0 MY COMMISSION EXPIRES Total Retainage (Lbws 5a 51,, or Total in Column / of .(5703) _ D 20 iow). 10-5 90 6. TOTAL EARNED LESS RETAINAGE ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 minus Line 5 Total) •In accordance with the Contract Documents, based on on-site observations and the data comprising 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT s256,462.95 this application, the Architect certifies to the Owner that to the best of the Architect's knowledge. (Line 6 from prior Certificate) 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 entitled to payment of the 8. CURRENT PAYMENT DUE s13,498.05 AMOUNT CERTIFIED. 9. BALANCE TO FINISH, INCLUDING RETAINAGE AMOUNT CERTIFIED S 3 S-05" (Line 3 minus Line 6) S - o - (Attach explanation if amount certified differs from the 0100001 applied. Initial al figures on this _ . Application and on the Continuathm .S7 eet that are changed to confium with the amount certified.) CHANGE ORDER SUMMARY ADDITIONS I DEDUCTIONS 1 ARCHITECT/ R ntld . S eckmann [Total changes approved in. previous months by Owner S , -, „c1 no IS ___I____0_, 1 1.; - By: o 8-2?-19 Total approved this month I S I S This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor TOTAL IS 6,761.001s named herein. issuance. payment and acceptance of payment are without prejudice to any rights of ET CHANGES by Change Order I 5 6,761.00 the Owner or Contractor under this Contract. CAUTION: You should sign an original AIA Contract Document, on which this text appears in RED. An original assures that changes will not be obscured. AIA Document G702"'. - 1992. Copyright 1053 !983, 1965 1071, 1978. 1983 and 1992 by The American Institute .r.) ,k-ohitects, Alt rights reserved. WARNING: This Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this Ale Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. PurChaSerS eve permitted to reproduce ten i 10f copies of this document when completed. To report copyright violations of AlA Contract Op ponents. e- retail The American !nstituto of Ardlitcls'Vegai counsel. conyrignafa.org Previous Balance to C.O.'s Scheduled Value Applications This Period Stored To Date Finish Retainage FS No. 3 $ 168.00 $ 43,000.00 $ 43,168.00 $ $ $ 2,158.40

FS No. 5 $ $ 48,000.00 $ 48,000.00 $ 2,400.00

L & C - Shed $ 10,900.00 $ 10,900.00 $ $ $ 545.00

Pulaski Park $ 4,500.00 $ 4,500.00 $ $ $ 225.00

Strikers $ 224.00 $ 16,300.00 $ 16,524.00 $ 826.20

Lewis Bath House $ 2,680.00 $ 62,400.00 $ 65,080.00 $ $ $ 3,254.00

WWTP - Barn $ 28.00 $ 8,600.00 $ 8,628.00 $ $ $ 431.40

WWTP - Final Scum $ 125.00 $ 11,500.00 $ 11,625.00 $ $ $ 581.25

WWTP - Admin Bldg $ 3,536.00 $ 58,000.00 $ 1,070.00 $ 60,466.00 3,076.80

$ 6,761.00 $ 263,200.00 $ 209,495.00 $ 60,466.00 $ $ 13,498.05

Pay App No. 1 $ 4,850.00 ($242.50) $ 4,607.50 Pay App No. 2 $ 81,480.00 ($4,074.00) $ 77,406.00 Pay App No. 3 $ 10,700.00 ($535.00) $ 10,165.00 Pay App No. 4 $ 112,465.00 ($5,623.25) $ 106,841.75 Pay App No. 5 $ 60,466.00 ($3,023.30) $ 57,442.20 Total Completed to Date $ 269,961.00 ($13,498.05) $ 256,462.95

Pay App No. 3 Total Completed to date $ 269,961.00 Total retainage ($13,498.05) Current payment due $ 57,442.70

Line 9. G702 $ 13,498.05 change order $2,846.00 not approved not included in c.o.'s balance PAIA Document G7O7TM 1994 Consent of Surety to Final Payment

PROJECT: (Afame anti (rddress) ARCHITECT'S PROJECT NUMBER: 7005-889-1003 OWNER 0 CITY OF SIOUX CITY CONTRACT FOR: 2018 HAIL DAMAGED ROOFS ARCHITECT VARIOUS LOCATIONS 9 ROOFS — VARIOUS LOCATIONS CONTRACTOR 0

TO OWNER: (Name mul address) CONTRACT DATED: SURETY 1..1 CITY OF SIOUX CITY 405 6TH ST OTHER SIOUX CITY IA 51101

In :ter:Ord:Mee with the provisions of the Ctnitract between the Owner and the Contractor as indicated above, the (Insert mum; tintlaildros,t (t/'Stiketyi MERCHANTS BONDING COMPANY 2100 FLEUR DR. DES MOINES IA 50321

, SURETY. on hond of (Insert naMe (111(1 address of Contractor .) WINKLER ROOFING, INC. 3325 28TH STREET SIOUX CITY IA 51105

CONTRACTOR, .114rvby approves of the final payment to the Contractor, and agrees that final payment to the Contractor shall not relieve the Surety of any of its obligations to (ins,;:rinum“ and address of Owner) CITY OF SIOUX CITY 405 6TH ST SIOUX CITY IA 51101 , OWNER. set forth in said Surety's bond.

Viirt'NkSS WHEREOF, the Surety has hereunto set it hand on this date: clicyert in tvrifill.!;,, the month f011owed by the numeric date and year)

Merchants Bonding Company (Surety)

. „...... ----- (S gitetnire 1)f atiatorizeci repres•ottittive)

7 _ Attest: Lauri Hummelgard attorney in fact (Printed name and title)

"-.CAUTIOrkiliou should Sign an original AIA Contract Document, on which this text appears In RED. An original assures that GLIANies,Will not be obscured.

AIA Document G7071,4 — 1994. Copyrights5 1970 and 1994 by The American Institute of Architects. All rights reserved. WARNING: This Ale DoCitient is pi eructed by U.S. Copyright Law and international Treaties.. Unauthorized reproduction or distribution of ihis Ale Document, oyotty par 1i011 of it, May result in severe civil and criminal penalties, and;will be prosecuted to the maximum extentpussible under the law. l'OrellaSurS are pencilled to reproduce ten (10) copies of this document when completed. To report copyright violations of AIA Contract Docomonts, mill! Thu American institute of Architects' legal counsel, cooytionteeiti,org, MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Beau Hupke; Christopher C Blake; Jeff Wooldridge; Joshua J Nichols; Kent Holirah; Kim Kragel; Kurt M Miller; Lauri Hummelgard; Mark R Brasel; Michael Carpenter; Michael R Gosiln

their true and lawful Attomey(s)-in-Fact, to sign its name as surety(les) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments In the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such Intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation.

In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 13th day of June , 2017 ...... • (0G . • '• • ..... -46 • ••co os 4'4 •V/OS MERCHANTS BONDING COMPANY (MUTUAL) 1.1. • • c„, P°°?..* • •• MERCHANT) NATIONAL BONDING, INC. -0- V• co • :••4( i . .c*: -o- ::z • z*. :•X %•• 2003 i‘ : • •I'• 1933 • .: By ••4%/ AV% . ...• ..ffk * k••• President STATE OF IOWA ...... COUNTY OF DALLAS ss. On this this 13th day of June 2017 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ALJCIA K. GRAM Commission Number 767430 My Commission Expires April 1, 2020 1(_ Notary Public (Expiration of notary's commission does riot invalidate this instrument) I, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Ogreof, I have hereunto set my hand and affixed the seal of the Companies on this 26 day of August ,2019 ...... ,, . .._. ,•00N4, .. 00 $("e0 :er:o. ' Vt P ...... :#•• .. C., 102'• CP. lit/;111)/4•A%:f;• A • #•• .• 1.. ter/ Z.: ..0.. TAO :11*-1 . -0- r" ; • ..e.:‘dige:4010.C., #41(.0.111•1•4•7 Ct i •: Z • = : M • ....V.. Secretary 2003 ...,p, .•. ‘.*•y• • 1933..fib.: ....4$-4••...... ••• %., ..fQ . • .. ...:* 1,,,, • ••,;...... * '0) ..,..• ••fg.' .. "if ••° POA 0018 (3/17) ...... 146%.64:ARs' Document G7O6ATM - 1994 Contractor's Affidavit of Release of Liens

PROJECT: (Name and address) ARCHITECT'S PROJECT NUMBER: 7005-88 9 - 1 0 0 3 CITY OF SIOUX CITY OVYNFR 2018 HAIL DAMAGED ROOFS CONTRACT FOR: VARIOUS LOCATIONS ARCHITECT D 9 ROOFS - VARIOUS LOCATIONS CONTRACTOR

TO OWNER: (i‘iirtie; turd address) CONTRACT DATED: SURETY U CITY OF SIOUX CITY 405 6TH ST OTHER D SIOUX CITY IA 51101

STATE OF: IOWA COUNTY OF: WOODBURY The undersigned hereby certifies that to the best of the undersigned's kluiwledge, information and belief, except as listed below. the Releases or Waivers of Lien attached hereto :include the Contractor, all Subcontractors, all suppliers of materials and equipment. and all performers of Work, labor or services who have or may have liens 0r encumbrances or the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance 01' the Contract referenced above. EXCEPTIONS: NONE

SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: (Nome and acicire,%) WINKLER ROOFING , INCA, 1. Coritraeuw's Release iw Wai Vet" of Liens, Cioulitiunal tiptui receipt of final payment. 3325 : - TREET Sor : IA 51 2. Separate Releases or Waivers of Liens from Subcontractors and material and equipment tippliers. to the extent required by the Owner, orriironzedA representative) accompanied by a list thereof. if

JEFFERY M. WINKLER PRESIDENT (Printed !mine and tide)

Subscribed an t o before m- on this date:

Notary Publ ANN M. 0'Na-ft.!. COrnmissicc My Commission Expires; --••••r-, •* MY COmMiSSi)N 10-5-20 CO --tty=5-2Ar CAUTION: You should sign an original AIA Contract Document, on which this-text appears in RED. An original assures that changes will not be obscured. AIA Document G706ATM — 1994. Copyright © 1970 and 1994 by The American Institute of Architects. All rights reserved. WARNING: This AIA ° Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AleDocument, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. Purchasers ale permitted to reproduce ten (10) cepieo of this document when completed. Tryreport copyright violations of AIA Contract Documents. e-mail The American Institute at ArcliituctS' legal counsel, [email protected]. 0-4 k AVA- Document G706G706TM --1994

Contractor's Affidavit of.Payment of Debtstand Claims

PROJECT: (Name ancliteidres,$) ARCHITECT'S PROJECT NUMBER:7005-889-1003 OWNER 0 CITY OF SIOUX CITY CONTRACT FOR: ARCHITECT 0 2018 HAIL DAMAGED ROOFS 9 ROOFS - VARIOUS LOCATIONS VARIOUS LOCATIONS CONTRACTOR 0

TO "OWNER: (Name rind adiii:ess) CONTRACT DATED: SURETY 0 CITY OF SIOUX CITY 405 6TH ST OTHER SIOUX CITY IA 51101

I, STATE OF: IOWA c ouNTy, oF „VOODINRy

The iinderigoai hereby eertia'slhat, except as listed below, payment has been made in full and all obligations have otherwise been satiYlai for /141Mtiterials and equipment furnished, for all work, labor, and services performed, and .1-Or all known indebtedness anti claims against the Contractor for damages arisina in any manner in connection with the performauee of the Contract rererenced above for which the Owner or Owner's property mittht in any Nvay be hold responsible or encumbered. ; • eI NONE

SUPPORTING,,oggpmENTs ATTACHED HERETO: CONTRACTOR: (iVuim' and addreNV 0m8eut WINKLER ROOFING, INC. 0( Surety to Vinal Payment, Whenever 3325 28TH STEET .Surety is involved, Consent of Surety is required. AIA Document G707", Consent of Surety to SIOUX CITY, IA 5110 Einaltrayinen0 may he used lbr this purpose. Indicate attachment: CXl Yes 0 No

The lidlowiml, supporting documents should he attached authorize -e.,centative) hereto if required by the Owner: JEFFERY M. WINKLER 'I. Contractor's Release or Waiver of Liens, /Printed name and rule;) PRESIDENT conditional upon receipt of final payment

2. Separate Releases or Waivers of Liens from Subscribed and sworn to befor, Inc on this date: Subcontractors and material and equipment suppliers, to the extent required by the Owner. ,aecompanied by a list thereof Afsilfslf,CO'NE,,ILL 3. CommtaGionNunaidr 1.56;3f:7 Contractor's Affidavit of Release of Liens My Commission Expires: I * MY COMMISSION WOWS (AIA Document (706Am) 10-5-20 "n -a-G-4-2n _J CAUTION: You should sign an original AIA Contract Docurnent, on. Which this text appears,In RED. An original assures that changes will not be obscured.

AIA Document G706 — 1994. Copyright 0 1970 and 1094 by The American Institute of Architects. All rights reserved. WARNING: This Ale' Document is protected by U.S. Copyright LOW and International Treaties. Unauthorized reproduction or distribution of mis AIA' Document, or tmy portion of it, mey'result in severe civil'and'cririnnal,dertaltiosi-and.Will be;,prtnirect4ted to the maximum extentpossible under the law. OW01011010 WO permitted to re-Produce ten (10) copies of this docurbent;whon completert- To report copyright violations of Alin C,:xilttreick Oc•CwittintS, Inatittito of Archilocts' legal =instil, Copyright&ia.org.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: September 23, 2019 ACTION ITEM # 9B 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 a portion of the Rebid Hail Damaged Roofs and Buildings Projects (Project No. 7005.5-889-003).

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

RECOMMENDATION: Staff respectfully requests Council approve the attached resolution accepting the work and authorizing final payment in the amount of $8,990.95 now and $33,158.40 in 30 days to C.W. Suter & Son, Inc. of Sioux City, Iowa for a portion of the Rebid Hail Damaged Roofs and Buildings Projects (Project No. 7005.5-889-003).

DISCUSSION: A contract was awarded to C.W. Suter & Son, Inc. of Sioux City, Iowa on November 19, 2018, pursuant to Resolution No. 2018-0915. The work has been completed and approved by City staff.

Below is a summary of the project:

Original Contract Amount: $663,168.00

Change Order No. 1: NC Change completion date from June 21, 2019 to September 1, 2019

Final Construction Cost: $663,168.00 The final construction cost for this project is $663,168.00 which is the final contract amount.

Retainage held is 5% of the total project or $33,158.40. This will be paid in 30 days, leaving the current payment due of $8,990.95.

FINANCIAL IMPACT: This project is funded using Insurance Funds and GO Bonds under CIP No. 889-003 Annual City-Wide Roof Maintenance and Replacement.

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

ALTERNATIVES: None

ATTACHMENTS: Resolution Change Order No. 1 C.W. Suter & Son, Inc. Application and Certificate for Payment No. 6 C.W. Suter & Son, Inc. Application and Certificate for Payment No. 7 (RETAINAGE) Consent of Surety to Final Payment Contractor’s Affidavit of Release of Liens Contractor’s Affidavit of Payment of Debts and Claims

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION ACCEPTING THE WORK AND AUTHORIZING FINAL PAYMENT TO C.W. SUTER & SON, INC. OF SIOUX CITY, IOWA FOR A PORTION OF THE REBID HAIL DAMAGED ROOFS AND BUILDINGS PROJECTS (PROJECT NO. 7005.5-889-003).

WHEREAS, on November 19, 2018, Sioux City, Iowa, entered into a contract with C.W. Suter & Son, Inc. of Sioux City, Iowa for a portion of the Rebid Hail Damaged Roofs and Buildings Projects ("the project") within the City as therein described; 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 $663,168.00 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 $8,990.95 now and in the amount of $33,158.40 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: September 23, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

SUTER Service that suits you!

June 6, 2019

Attn: Ron Speckmann

FEH Design 1201 4th Street Suite 201 Sioux City, Iowa 51101

RE: Waste Water Hail Damaged Building Projects Completion Date:

Ron,

I'm asking for the due date to be extended until September 1, 2019. The temperatures were too cold to start the project when it was awarded and during the month of May rain was prevalent. Currently we have four tanks completed and working on the fifth one at this time.

Thank you for your consideration in this matter. Please let me know if you have any questions or concerns.

Sincerely M-fiaLiZaJ Steve Mc Arthur HVAC Consultant

Heating and Cooling *Temperature Control ® Air Duct Cleaning 0 Sheet Metal 1800 11th Street e Sioux City, IA 51101 e Business (712) 252-3007 * Fax (712) 252-2410

04A IA Document G7OITM - 2017 Change Order

PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: City of Sioux City Hail Damaged Roofs Contract For: General Construction Change Order Number: 001 Sidewall Siding of S Digester Tanks at WWTP Sioux City, Iowa Date: November 8, 2018 Date: June 10, 2019

OWNER: (Name and address) ARCHITECT: (Name and address) CONTRACTOR: (Name and address) City of Sioux City FEH DESIGN C.W. Suter and Son. Inc. 405 6th Street 1201 4th Street Suite 201 1800 llth Street Sioux City, Iowa 51105 Sioux City, Iowa 51101 Sioux City, Iowa 51101

THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Directives.) Refer to attachment.

The original Contract Sum was $ 663,168.00 The net change by previously authorized Change Orders 0.00 The Contract Sum prior to this Change Order was 663,168.00 The Contract Sum will be increased by this Change Order in the amount of 0.00 The new Contract Sum including this Change Order will be 663,168.00 The Contract Time will be increased by Seventy Two (72) days. The new date of Substantial Completion will be September 1, 2019

NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER.

FEH DESIGN C.W. Suter and Son, Inc. City of Sioux City ARCHITECTiren CON CTOR (Firm name OWNER win nun ,, , 2&A,YJ.. —7-46 "1(4 SIGNATURE TURF SIGNATURE Ronald D. Speckmann It 12( Pr! 41/frA; //' Stan LaFave PRINTED NAME AND TITLE PRINTED NAME AND TITLE PRINTED NAME AND TITLE

at. 1Q t, 20/ V,/ti..' / 0/ i?") ,71`7, ,(7) 5 DATE DATE

MA Document G701'" — 2017. Copyright C) 1979. 1987. 2000 , 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: This AlAo Document is protected by U.S. Copyright Lawand intemationarrreaties.)inautherized reproduction or distribution of this AIN, Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 08:21:14 ET on 06/1012019 under Order No. 6981286405 which expires on 08/23/2019, and is not for resale. User Notes: (3139ADA55) A7TLICATJON FOR PAYMENT Page 1 of 2 Pages

TO OWNER: CITY OF SIOUX CITY PROJECT: WASTE WATER ALUM PANEL APPLICATION NO.: 6 Distribution to: ATTN; STAN LAFAVE ATTN; STAN LAFAVE PERIOD TO: 7/24/2019 0 CONTRACTOR • El ARCHITECT • SIOUX CITY, IA 51102 SIOUX CITY, IA 51102 PROJECT NO.: 191002 0 SUBCONTRACTOR PURCHASE ORDER NO.: FROM CONTRACTOR: CW Suter Services ARCHITECT: 1800 11th Street CONTRACT DATE: 1/7/2019 Sioux City, IA 51101 INVOICE NO.: JC6822 CONTRACTOR FOR: WASTE WATER ALUM PANEL 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 663,168.00

2. SUM OF ALL CHANGE ORDERS 0.00 Contractor :

3. CONTRACT AMOUNT TO DATE (Line 1 ± 2) $ 663,168.00 By: Date: 7/24/2019 4. TOTAL COMPLETED AND STORED TO DATE 663,168.00 (Column G on Continuation Page) John C. Baker State of: IA 29,789.80 5. a. 5.00% of Completed Work County of: Z001460.4*.i.-LN.A.A et t •tos SHERRI QUANDT (Column D & E on Continuation Page) Subscribed and sworn to bef6re ' r- Commission Number 225589 • ' My Commission Expires 0.00 ow b. 5.00% of Stored Materials a(2) \ C.\ November 17, 2020 (Column F on Continuation Page) me this 'a`,` day of , 29,789.80 Total Retainage (Lines 5a & 5b) Notary Public: -,„\_9,), x \ 6.TOTAL COMPLETED AND STORED LESS 633,378.20 My Commission Expires: RETAINAGE (Line 4 minus Line 5 Total) $ NO\L \ Q_.0.3 0

7. LESS PREVIOUS PAYMENT APPLICATIONS 624,387.25 ARCHITECTS CERTIFICATION 8,990.95 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 29,789.80 entitled to the payment of the AMOUNT CERTIFIED. (Line 3 minus Line 6) AMOUNT CERTIFIED $ t3, q 90 • (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 rtified.)

Total changes approved in previous Ori t. s ec mann $0.00 $0.00 ARCHITECT. r months by Owner By: Date: 9 -5-fi 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 $0.00 $0.00 otherwise.

NET CHANGES by Change Order $0.00 'LCONTINU4TION SHEET Page 2 of 2 Pages

APPLICATION AND CERTIFICATION FOR PAYMENT, APPLICATION NO.: 6 containing Contractors signed certification, is attached. APPLICATION DATE: 7/24/2019 PERIOD TO: 7/24/2019 INVOICE NO.: JC6822

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 yo APPLICATION THIS PERIOD STORED TO DATE FINISH

(D + E) (NOT IN D OR E) (D+E+F) (G + C) (C - G) 1 GENERAL CONDITIONS 13,265.00 13,265.00 0.00 0.00 13,265.00 100.00 0.00 594.89 2 PANELS-MISC MATERIAL 135,115.00 132,412.70 2,702.30 0.00 135,115.00 100.00 0.00 6,059.50 3 TANK INSULATION 176,695.00 176,695.00 0.00 0.00 176,695.00 100.00 0.00 7,924.22 4 INSTALLATION 338,093.00 331,331.14 6,761.86 0.00 338,093.00 100.00 0.00 15,162.41

Totals 663,168.00 653,703.84 9,464.16 0.00 663,168.00 0.00 29,741.03

APFYUCATION FOR PAYMENT Page 1 of 2 Pages

TO OWNER: CITY OF SIOUX CITY PROJECT: WASTE WATER ALUM PANEL APPLICATION NO.: 7-Retainage Distribution to: ATTN; STAN LAFAVE ATTN: STAN LAFAVE PERIOD TO: 7/31/2019 0 CONTRACTOR 0 ARCHITECT SIOUX CITY, IA 51102 SIOUX CITY, IA 51102 PROJECT NO.: 191002 0 SUBCONTRACTOR PURCHASE ORDER NO.: 7005.5-889-003 FROM CONTRACTOR: CW Suter Services ARCHITECT: 1800 11th Street CONTRACT DATE: 1/7/2019 Sioux City, IA 51101 INVOICE NO.: JC6859 CONTRACTOR FOR: WASTE WATER ALUM PANEL 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 663,168.00

2. SUM OF ALL CHANGE ORDERS 0.00 Contractor : 3. CONTRACT AMOUNT TO DATE (Line 1 ± 2) 663,168.00 By: Date: 9/4/2019 4. TOTAL COMPLETED AND STORED TO DATE 663,168.00 (Column G on Continuation Page) C. Baker State of: 0.00 5. a. 5.00% of Completed Work County of: r V:)&\CJ (Column D & Eon Continuation Page) Subscribed and sworn to before SHERRI GUANDT T. Commission Number 22SS89 b. 5.00% of Stored Materials 0.00 me this day of 1 • My Commission Expires (Column F on Continuation Page) i4D\c\ • A: November 17, 2020 0.00 Total Retainage (Lines 5a & 5b) Notary Public: L 6.TOTAL COMPLETED AND STORED LESS 663,168.00 My Commission Expires: IA,- RETAINAGE (Line 4 minus Line 5 Total) L.1%m 7. LESS PREVIOUS PAYMENT APPLICATIONS 630,009.60 ARCHITECT'S CERTIFICATION 33,158.40 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 $ (G 8-40 (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 Rona d D. pe kmann $0.00 $0.00 ARCHITECT?n months by Owner By: rc Date: 9-51/7 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 $0.00 $0.00 otherwise.

NET CHANGES by Change Order $0.00

CONTINUATION SHEET Page 2 of 2 Pages

APPLICATION AND CERTIFICATION FOR PAYMENT, APPLICATION NO.: 7-Retainage containing Contractor's signed certification, is attached. APPLICATION DATE: 9/4/2019 PERIOD TO: 7/31/2019 INVOICE NO.: JC6859

A B C D E F G H I

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

(D + E) (NOT IN D OR E) (D + E + F) (G + C) (C - G) 1 GENERAL CONDITIONS 13,265.00 13,265.00 0.00 0.00 13,265.00 100.00 0.00 0.00 2 PANELS-MISC MATERIAL 135,115.00 135,115.00 0.00 0.00 135,115.00 100.00 0.00 0.00 3 TANK INSULATION 176,695.00 176,695.00 0.00 0.00 176,695.00 100.00 0.00 0.00 4 INSTALLATION 338,093.00 338,093.00 0.00 0.00 338,093.00 100.00 0.00 0.00

Totals 663,168.00 663,168.00 0.00 0.00 663,168.00 0.00 0.00

gON$ENT OF OWNER ❑ ARCHITECT ❑ SURETY COMPANY CONTRACTOR ❑ TO FINAL PAYMENT SURETY ❑ OTHER (SIMILAR TO MA DOCUMENT G707)

PROJECT: Rebid Hail Damaged Roofs and Buildings Project (name, address) Sioux City, Iowa

TO (Owner) ARCHITECTS PROJECT NO: City of Sioux City CONTRACT FOR: Hail Damaged Roofs PO Box 447 Sioux City, IA 51102

CONTRACT DATE: November 19, 2018

CONTRACTOR: C. W. Suter & Son, Inc.

In accordance with the provisions of the Contract between the Owner and the Contractor as indicated above, the (here insert name and address of Surety Company) Old Republic Surety Company 1415 28th Street, Suite 420, West Des Moines, IA 50266 , SURETY COMPANY, on bond of (here insert name and address of Contractor) C. W. Suter & Son, Inc. 1800 1 1th Street, Sioux City, IA 51101 ,CONTRACTOR, hereby approves of the final payment to the Contractor, and agrees that the final payment to the Contractor shall not relieve the Surety Company of any of its obligations to (here insert name and address of Owner) City of Sioux City, Iowa PO Box 447, Sioux City, Iowa 51102 , OWNER, as set forth in the said Surety Company's bond.

IN WITNESS WHEREOF, The Surety Company has hereunto set its hand this 27th day of August 2019

Old Republic Surety Company Surety mpanv

Signature of Authorized Representative Attest: Robert E. Scott

(Seal): Attorney-in-Fact Title

Note: ThiS form is intended to be used as a companion document to the Contractor's Affidavit of Payment of Debts and Claims, Current Edition REPUBLIC SURETY COMPANY VA a POWER OF ATTORNEY

KNOWVVMEN/ BY• THESE That OLD REPUBLIC. SURTSf,:rOMPANY, a Wisconsin stock'inSuraneetqFPOration, does Mpg constitute and appoint: - ; -,ROBERT E. SCOTT, OF SIOUX CITY, IA

-rtatine';andlaWfullAttOmey(s)-in,Fadt, with- , full power and atithority. not eXceedinglS50,000,000,1nrand:on behalf of the company as:surety; to execute.• and. deliver and,affix the seal of the company thereto (if a seal is-required), bonds, undertakings, redognizances or other' written obligations in thenature thereof, (otherthantail bonds, bank... .depository bonds, mortgage deficiency bonds; mortgage guarantybonds,•guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds.guaranteeing payment of benefits, asbestos abateMent contract-bonds, waste management bonds, hazardous waste remcdiation bonds or black lung Onil:s); as;"foliihys: ;Tr a!aA' • ALLVRITTEN INSTRUMENTS IN AN AMOUNT NOT Td.EXCEED TEN MILLION DOLLARS (S10,000,000) ' FOR ANY SINGLE. OBLIGATION

• rand to Iiind.A?1-P.Rt.PUALIC"SURETYc9MPANY thereby",:and all of the acts of saidAttomeYs-M-FacL prasuant,to.these presents, are ratified:andconfirmed t.:Thii4Oeutnent is ratt.valid!uhlesS'printeditin colored background and is multi-colored. This appointMentiS Made:tnder and-by:authority of the board of directo `j(at,aipediahrneeting held, on February 18;1982. This Power Of Atthrricy is signed andsearedby'fadairride Under and by.itie.adtborit); ofthefoltowing reSolutions adoptedby,theboardof directors.of the OLD REPUBLIC SURETY COMPANY on February 18, 1982. • 5i-.RESOLVED that', thepresident, any vice-president, or assistant vice president, in conjunction•with the secretary &any assistant-secretary, may.impoint 0•attorneys,ih4adt .•fOr and on behalf oftbeeompany to ; 2 far agents*ith:iitahority as defiried•Or limited in the ihstrument.eVidencing theappOintinent .iti:eaCh:case; ;x ie'Citeetite.,ariddeliVerind' affix theSeal'Of the cOmpany•40bOndS,AtntleitakingS, rceagniiahces, and ObligatiiinS:Of all kihds: and said May remove • any stieh•attiamey-in-fact or agrait:find revoke any Power,of Attoniey previously-granted to sucl4rerson: rtkr.r.• . RESOLVED'' FURTHER, that,any bond, undertaking, recognizance, or suretyship obligation shall, be valid binding upon the Company (i) when signed by the presiderit,.any vice president or assistant vier: president, andattested and sealed (if a seal be reignred); by'-any secretary or assistant secretary; or by any Vice president or assistant vice prtidOitt.*eietary or assistant secretary,and"eoutikOigned and sealeit(iti;iSeal be requited)bra duly authorizedattorney-in,fhaor agent; or iii)feynitrly,executed and.seated (if a seal he required)•by ohepr,more attorneys-in-factor agents pursuant to and„wilhin the limits,,of the authority, evidjencedby the Power of Attorney issued:by the conipany to.stiehipersOn orPers.ons:,

RESOLyEIX'FURTHER, that.the Sighature of any athltbrized'officer and the seal OfthecompairYlhaybc affikedby,jfaesiMile to any pOwer of AtiOrneY or •certification thereOf authorizingilieexecutionlanddelivery of any bond, undertaking; recogniiance;:or otheruretyShip.Obligations of dietfampany'; ancif such •;. „' signatureandseal when so.used shaft have thesame force and effect as though•manually affixed. • IN WITNE‘SS:WHEREOF"piAREOUBLIC SURETY COMPANY haszaused these presents to be signedhk.its nropkOlTieer,,ami its copi;ifite seal to be art xed4his " Oilfi• „ day qtyof . ,APRIL,,2019. ,OLD REPUBLIC SURETY COMPANY

. . STATE OF COUNTY OF WAUKESHA-SS AwAtio . President . . ... kon"ithis ,i 10TH day of APRIL, 201? , , personally ceme before me, and ,.. . . Alan Pavlic Jane ECherney , to me knbwn to be the individuals and officers of the OLD'REPUBLIC SURETY COMPANY who- ekecuted the above .instrument; andjhey each acknowledged the execution of thesame, and being-by me duly Sworn, didseyerally depose and say; that theyAre the- aidollicers of the corporatiOn aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their sianatures as such officers weredhlyiarlixecl and subscribed to thesaid instrument by the authority of thejboard:Of directors of said corporation. ,

My commission expires: 9/28/2022

`CERTIFICATE (Expiration of notary comMitsIon does not Invalidate,this instrument) ,JhegriderSigned„assistant secretary, of tbeOLD REPUBLIC SURETY COMPANY, a Wiseohsin cbrporatiOn, CERTIFY:that the foregoing: and' attached Power ofiAltlitheY, iernains.hrlull force and' has not been revoked; ancifurthermore;thai theReSOlutions of thettitird of direotrarS:set forth in:the Power 6f Attorney„ are now 'in force. 40-4888 • a tt A44,1 Signed andsealed at the City:of BrOoklield, WI this day of

."14 EAL. J

tla ialJe , :.:113bSINESINSURORS .OF IA. THIS DOCUMENT HAS A COLORED BACKGROUND AND IS MULTI-COLORED Old THE FACE. THE COMPANY LOGO APPEARS ON THE BACK OF THIS DOCUMENT AS A WATERMARK, IF THESE FEATURES ARE ABSENT, THIS DOCUMENT IS VOID. 228 F C 22262 (5-I 09/ 08/ 2003 08:22 7127220238 EDA INC SC PAGE 03/03

CONTRACTOR'S AFFIDAVIT OF OWNER n ARCHITECT I I RELEASE OF LIENS CONTRACTOR AIA DOCUMENT (3706/1 - ELECTRONIC FORMAT SURETY OTHER ItilrLit../CUMLN I HAS IMPORLANi LEGAL CONSEQUENCL: CONSULIAJION WITH AN Al IORNEk IS ENCOLIKA(AU WITH RILSPEL,1 COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED MA DOCUMENT MAY BE MADE BY USING MA Mratigarj2431•••••••••••••••••••••• •••••••••••••••••• •••••••• ••••• TO OWNER: ARCHITECT'S PROJECT NO.: (Name and address) \O PROJECT: 'oo \\O\ CONTRACT FOR:VhciA kz.0.0\ck,cve_Q...00% (Name and address) vc.e X." ‘,13 e,,_<:\.,e_\530,6.eA-- (S.\ \x.rt:.. t‘.1/4.1,41 Qc2\ • e— 71‘ AlAo CONTRACT DATED: \ c\ LA-L) t\O\__r)

STATE OF: -1—c3 1/4-3 c\ COUNTY OF: ..c30/2). .\0,,,, The undersigned hereby certt e at to the best of the undersigned's knowledge, information and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor, all Subcontractors, all suppliers of materials and equipment, and all performers of Work, labor or services who have or may have liens or encumbrances or the right to assert liens or encumbrances against any property of the Owner arising in any manner out of the performance of the Contract referenced above. EXCEPTIONS:

SUPPORTING DOCUMENTS ATTACHED HERETO:

1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment.

2. Separate Releases or Waivers of Liens from Subcontractors and material and equipment suppliers, to the extent required by the Owner, accompanied by a list thereof. "os-&o.T\ (Printed name and Mk.)

Subscribed and sworn to before me on this date:

b\•a-\-ao\ Notary Public; L't\soucL My Commission Expires: Ro.1

ID I994THE AMERICAN E F AR i , NEW .W., WA H . . -5 . 7 A - CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS - 1994 EDITION • AIM° - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subjed the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: g706amst.ala -- 9/8/2003. AlA License Number 1146523, which expires on 1740/2003. Electronic Format G706A -1994 1 LI1/00/LUCJO UO:LL tiLtZLEJL.Iti LUA iNe bc PAGE 02/03

CONTRACTOR'S AFFIDAVIT OF OWNER n ARCHITECT PAYMENT OF DEBTS AND CLAIMS CONTRACTOR 41A DOCUMENT G706 - ELECTRONIC FORMAT SURETY n OTHER MIS LIOCUMbN) HAS IMPURIANI .1;ECA, CON ICIC/rm23; L.ONSLILIAIIGIN WITH AN Al IORNEY Is 1:NCULIRAOL7J- AP-511:C1 .107.77 COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY RE MADE EY USING AM DOCUMENT 11101 TO OWNER: 0.2,\--.‘ %\e'`-k-4 ARCHITECT'S PROJECT NO.: (Name and address) Urir-V\ S\\Coss PROJECT: CONTRACT FOR: Ac6 ‘"'*- (Name and address) Ock-%\c'e-\bc\-\-1- NMIA."`: si\N""Na*-0 41 Vt. \.Zo—%\v e ".\ ANN.e. \OO \--e-3; X1.1 CONTRACT DATED: Nom \.0

STATE OF: COUNTY OF: \..3z,00a\cw,..,t_ The undersigned hereby certifie at, except as listed below, payment has been made in full and all obligations have otherwise been satisfied for all materials and equipment furnished, for all work, labor, and services performed, and for all known indebtedness and claims against the Contractor for damages arising in any manner in connection with the performance of the Contract referenced above for which the Owner or Owner's property might in any way be held responsible or encumbered. EXCEPTIONS:

•(:),{N SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR: Q \...0 Warne and odcfrea) . 1. Consent of Surety to Final Payment. Whenever Surety is involved, Consent of Surety is required. AIA Document G707, Consent of Surety, ma be used for this purpose. Indicate attachment: yes no BY: (Sign thorizcd representative) The following supporting documents should ix attached hereto 17-required by the Owner: 1. Contractor's Release or Waiver of Liens, conditional upon receipt of final payment. (Pthsted Warne and (tile)

2. Separate Releases or Waivers of Liens from Subscribed and sworn to before me on this date: Subcontractors and material and equipment suppliers, to the extent required by the Owner, accompanied by a list thereof.

3. Contractor's Affidavit of Release of Liens (ATA Document G7o6A). Notary Public: My Commission Expires:

8) 1994 THE AMERICAN -INSTITUTE OF ARCHTIECTS, 1735 NEW YORK AVENEE,.—N,W., wASHiNGTON, D.L. 20006-5292. AIA DOCUMENT 6706 - CONTRACTOR'S AFFIDAVIT OF PAYMENT OF DEBTS AND CLAIMS - 1994 EDITION - MAO - WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced in accordance with your license without violation until the date of expiration as noted below. User Document: 8706mast.aia — 9/812001 AIA License Number 1146523, which expires on 12/202003. Electronic Format G706-1994 1

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: September 23, 2019 ACTION ITEM # 10A-B Lisa L. McCardle, City Clerk FROM: Heidi Farrens, Deputy City Clerk Motion appointing Kendra Bergenske to the Human Rights Commission for a partial term expiring June 30, 2021, replacing Nia Key. SUBJECT: Motion appointing Heidi Reinking to the Library Board of Trustees for a partial term expiring June 30, 2021, replacing Rebecca Kempers.

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

RECOMMENDATION: Staff respectfully requests that City Council appoint the above applicants to their respective board, commission or committee.

DISCUSSION: The above-mentioned individuals have completed applications and appeared before the Council to interview for open positions; the Council has indicated their preferences to appoint them.

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 engage the Council, our employees, and our customers to promote enhanced organizational engagement and commitment to our shared vision; and the Strategy - Develop strong partner- ships with our residents, visitors, and business community.

ALTERNATIVES: Council may approve the appointments as listed or withdraw their preferences for them and wait for additional applications to be submitted for the openings.

ATTACHMENTS: None

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: September 23, 2019 ACTION ITEM # 11 Lisa L. McCardle, City Clerk FROM: Heidi Farrens, Deputy City Clerk

APPLICATIONS FOR BEER AND LIQUOR LICENSES

A. ON-PREMISE SALES

1. CLASS B BEER PERMIT (beer/carry-out beer/wine coolers) A. Port of Sioux City River-Cade Association, 1301 Riverside Boulevard (New 5 Day License for Riverssance) 2. CLASS C LIQUOR LICENSE (liquor/wine/beer/wine coolers/carry-out) A. Monterrey II, 3138 Singing Hills Boulevard (Renewal) B. Paxton Tap, 2110 South Paxton Street (Renewal) C. SoHo, 1024 4th Street (Renewal) SUBJECT: 3. SPECIAL CLASS C LIQUOR LICENSE (wine/beer/wine coolers/carry-out) A. Sioux City Art Center, 225 Nebraska Street (Renewal) B. Sioux City Community Theatre, 1401 Riverside Boule- vard(Renewal)

B. OFF PREMISE SALES

1. CLASS B WINE PERMIT (wine only) A. Casey’s General Store, 4727 Southern Hills Drive (Add Privilege) 2. CLASS E LIQUOR LICENSE (liquor only) A. Kum & Go No. 228, 1925 S Lakeport Street (Renewal)

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

RECOMMENDATION: Staff respectfully requests and recommends approval of the above Beer and Liquor License.

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 $109,753.48 in FY2019.

RELATIONSHIP TO STRATEGIC PLAN: Health and Safety Vision - We will enhance public health and safety by maximizing the utiliza- tion 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 departments’ recommendations.

ATTACHMENTS: None

PARKING AND SKYWALK SYSTEM BOARD OF TRUSTEES MEETING MINUTES August 21, 2019

The Parking and Skywalk System Board of Trustees met at 9:00 a.m. on Wednesday, August 21, 2019, in the 3rd Floor Conference Room, Ho-Chunk Centre, 600 4th Street, Sioux City, Iowa.

MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Mark Reinders, Chair Sam Avery Dave Carney, Public Works Director Monette Harbeck Patrick Rosacker Dave Braunger, First Class Security Ragen Cote Lori Pierson, ABM Parking Jeff Lamoreux Alexcia Boggs, Vice Chair

CALL TO ORDER

Reinders called the meeting to order at 9:00 a.m.

MINUTES

Motion by Reinders, seconded by Cote, to approve the minutes of July 17, 2019; all voting aye.

REPORTS & COMMUNICATIONS

Skywalk Operations – Harbeck stated new LED lights have been installed under the skywalks in the area between 4th and 5th Streets and Pierce and Nebraska Streets; the outside of all HVAC units have been cleaned; the Des Moines contact for skywalk decals in out on paternity leave but will contact me when he returns; maintenance staff continues to work on replacing lightbulbs throughout the system; batteries are being stolen out of thermostats near the four corners area. Staff will continue to monitor. The new cleaning company is doing an outstanding job. We have received many compliments.

Parking Operations – Harbeck reported City ordinance 10.20 needs to have “payments by mobile devices” added since the City is allowing pay-by-phone with Parkmobile. Motion by Lamoreux, seconded by Reinders, to approve that change. All voting aye. Parkmobile reported the highest usage in July since the Parkmobile option began in Sioux City.

Downtown Informational Report – Cote stated that the festoon lighting is going up at the intersection of 4th and Court Streets. Installation at 4th and Pearl Streets will be later this Sum- mer. Pedestrian wayfinding will be added to signal cabinets. A contract with Corbin Designs will address completion of wayfinding signage. The Art Affair had great attendance. Cote shared the following upcoming downtown events: 09/14/2019 – Up in Smoke BBQ Competition 09/20/2019 – Parking Day 09/21/2019 – Alley Art Festival 09/21/2019 – Bacon Fest

ABM Parking Services Report – Pierson’s report was emailed to the Board. Pierson noted that previously tenants of the Frances Building paid the Frances Building for parking. The Frances Building then mailed funds to ABM. The Frances Building has determined they will no longer do that so Pierson has been setting up separate accounts for tenants of that building. Pierson stated that she has been in contact with Engineered Controls to program the revenue control equipment for the new parking rate changes. The Board requested that next month ABM staff report back to the Board on cost of cameras for the parking ramp exits.

Skywalk Security Update – First Class Security – Braunger reported that all is well.

UNFINISHED BUSINESS

Parking Rates – City Council approved the following:

• Equalize the Cost of Monthly Parking at Ramps • Increase overtime ticket fees to $10, $15 after 30 days, and $30 after 90 days • Increase all $30 parking tickets to $35, $40 after 30 days, and $50 after 90 days

Harbeck is working with HTE to get fines changed and with CivicSmart to make changes on the actual parking tickets.

Douglas Street Bridge Project

After discussion regarding the scope of the project, a motion was made by Cote, seconded by Reinders to approve the Consulting Services Agreement with Engineering Design Associates, Inc. Cote, Reinders, Boggs, voting aye. Lamoreux voting no.

NEW BUSINESS

Approval of costs and distribution to properties for July 2019 – Motion by Reinders, seconded by Cote, to approve the costs and distribution to properties for July 2019; all voting aye.

ADJOURNMENT

Being no further discussion, it was motioned by Boggs, seconded by Reinders, to adjourn the meeting at 9:50 a.m.; all voting aye.

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: September 23, 2019 ACTION ITEM # 13 FROM: Jeff Hanson, Community Development Operations Manager (SW)

Hearing and Resolution approving proposal to grant an easement and rescind all conflicting resolutions. (that part of vacated John Street lying SUBJECT: between 2101 and 2015 Plum Creek Road) (Petitioner: Lisa R. Frink and Jay O. Oellien) (Purchase price: mutual benefits).

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

RECOMMENDATION: Staff respectfully requests Council approve the proposed resolution.

DISCUSSION: On the agenda for Monday the City Council will be asked to conduct a public hearing and approve the proposal to grant an access easement over and across vacated John Street to Lisa R. Frink and Jay O. Oellien. This portion of John Street was vacated by Ordinance 2018- 0791 dated September 24, 2018 per the request of Sylvia Castle, 2101 Plum Creek Road. Both neighbors have purchased portions of vacated John Street abutting their properties. The property owners, Sylvia T. Castle, the abutting neighbor, and Lance C. Fachman, Valerie C. Fachman, and Lance C. Fachman as Trustee of the Mary M. Fachman Trust FBO Eric J. Fachman, understand and agree this access easement will be across property that they have purchased.

This easement was granted previously by Resolution 2019-0024 dated January 7, 2019. A scrivener’s error in the legal description was found and a corrective access easement is requested to amend the error.

The resolution on Monday’s agenda authorizes the issuance of a corrective access easement to Lisa R. Frink, a single person and Jay O. Oellien, a single person, as joint tenants with rights of survivorship.

FINANCIAL IMPACT: None. This is a housekeeping matter.

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 Aerial

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING PROPOSAL TO GRANT AN EASEMENT AND RESCIND ALL CONFLICTING RESOLUTIONS. (THAT PART OF VACATED JOHN STREET LYING BETWEEN 2101 AND 2015 PLUM CREEK ROAD) (PETITIONER: LISA R. FRINK AND JAY O. OELLIEN) (PURCHASE PRICE: MUTUAL BENEFITS).

WHEREAS, the City Council of the City of Sioux City, Iowa, set forth its proposal to grant an easement in the following described real property in Resolution No. 2019-0750, passed and approved September 9, 2019:

That part of vacated John Street (originally platted as Kearney Avenue) abutting Lots 5 and 6 and the north one-half of Lot 7, Block 5, Kearney and Howard’s Addition to Sioux City, Iowa, the south line of which extends west to the southeast corner of Lot 4, Auditor’s Plat of the W ½ NE ¼ and the E ½ NW ¼, Section 18, Township 89 North, Range 47 West, Sioux City, Woodbury County, Iowa. (Containing 3,750 sq. ft. more or less); and

WHEREAS, a public hearing was held on said proposal on September 23, 2019, pursuant to published notice given as provided by law; and

WHEREAS, the City Council has heard all the objections to said proposal, but believes the easement should be granted; and

WHEREAS, the City Council has heretofore adopted an ordinance vacating the above described real property; and

WHEREAS, a "Corrective Grant of Permanent Easement" has been prepared and is attached hereto and by this reference made a part hereof; and

WHEREAS, said Corrective Grant of Permanent Easement is prepared to correct the erroneous legal description in a previous Grant of Permanent Easement filed on January 28, 2019 at Roll 762, Image 10250 – 10255 and authorized by Resolution No. 2019-0024 passed and approved January 7, 2019.

NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that all objections to the proposed "Corrective Grant of Permanent Easement" for the real estate described in the preamble hereof be, and the same are hereby overruled.

BE IT FURTHER RESOLVED that the "Corrective Grant of Permanent Easement" in the above described real property be granted in accordance with the terms and conditions set forth therein.

BE IT FURTHER RESOLVED that the "Corrective Grant of Permanent Easement" attached hereto be and the same is hereby approved as to form and content and the Mayor and City Clerk are authorized and directed to execute the same for and on behalf of the City of Sioux City, Iowa.

BE IT FURTHER RESOLVED that upon receipt of the consideration fixed in said grant and the costs incurred that the grant be delivered to the purchasers.

BE IT FURTHER RESOLVED that Resolution No. 2019-0024 passed and approved January 7, 2019 be and the same is hereby rescinded.

PASSED AND APPROVED: September 23, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

U:\City Legal\Secure\Resolutions\Res2019\Com Dev\Frink Easement 2R (Portion Of Vac John Street Btw 2101 & 2015 Plum Creek Road).Docx

______Prepared by: Nicole M. DuBois, P.O. Box 447, Sioux City, Iowa 51102 Telephone No. (712) 279-6318 After recording return to: City of Sioux City, Iowa, P.O. Box 447, Sioux City, Iowa 51102

CORRECTIVE GRANT OF PERMANENT EASEMENT

KNOW ALL MEN BY THESE PRESENTS THAT the City of Sioux City, Iowa, a municipal corporation, in Woodbury County, Iowa, by its Mayor duly authorized as hereinafter set forth, in consideration of special benefits herewith acknowledged, do hereby grant ad convey to Lisa R. Frink, a single person and Jay O. Oellien, a single person, as joint tenants with the rights of survivorship, a Permanent Easement over and across the following real estate situated in Wood- bury County, Iowa:

The purpose of this Corrective Grant of Permanent Easement to Lisa R. Frink, a single person and Jay O. Oellien, a single person, as joint tenants with the rights of survivorship, is for it to have and hold said easement and to have unlimited ingress and egress access over, across, and upon the above described real estate for the purpose of access to their property and for the purpose of doing any and all matters and things that are legal and lawful and that may be necessary or desirable in connection with the same. The City of Sioux City herein retains the right to such use of the whole of said real estate as is consistent with the exercise of said easement on the part of the said Lisa R. Frink, a single person and Jay O. Oellien, a single person, as joint tenants with the rights of survivorship in accessing their property.

In case Lisa R. Frink, a single person and Jay O. Oellien, a single person, as joint tenants with the rights of survivorship shall cease to require said Permanent Easement over said real estate, then said Permanent Easement shall cease and all rights herein granted shall revert to the City of Sioux City, Iowa herein or their assigns.

This Corrective Grant of Permanent Easement is prepared to correct the erroneous legal description in a previous Grant of Permanent Easement filed on January 28, 2019 at Roll 762, Image 10250 – 10255 and authorized by Resolution No. 2019-0024 passed and approved January 7, 2019.

This Corrective Grant of Permanent Easement is executed under and by virtue of the authority vested in the Mayor of Sioux City, Iowa, under the provision of Resolution No. 2019-______, duly passed and approved on the 23rd day of September 2019, and subject to the terms and conditions hereof.

IN WITNESS WHEREOF, the City of Sioux City, Iowa, has caused this instrument to be executed by the Mayor and the City of Sioux City, Iowa, with the seal of said City duly affixed and attested by the City Clerk and whose signatures are hereto affixed on the 23rd day of September 2019.

CITY OF SIOUX CITY, IOWA

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

STATE OF IOWA ) : ss WOODBURY COUNTY)

On this 23rd day of September 2019, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Robert E. Scott and Lisa L. McCardle, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Sioux City, Iowa; that the seal affixed to the foregoing instrument is the official seal of the City, and that the instrument was signed and sealed on behalf of the City, by authority of its City Council, as contained in Resolution No. 2019-______passed on the 23rd day of September 2019, and that Robert E. Scott and Lisa L. McCardle acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the City.

BY: ______Notary Public in and for Iowa

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: September 23, 2019 ACTION ITEM # 14 FROM: Jeff Hanson, Community Development Operations Manager (SW)

Hearing and Resolution approving proposal to sell certain real property, authorizing a Corrective City Deed and rescinding all conflicting resolutions (that part of vacated John Street abutting the southeasterly portion of SUBJECT: 2101 Plum Creek Road) (Petitioners: Sylvia T. Castle, Lance C. Fachman, Valerie C. Fachman, and Lance C. Fachman as trustee of the Mary M. Fachman Trust FBO Eric J. Fachman, each as to an undivided one-fourth (1/4) interest) (Purchase price: $937.50 plus costs).

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 the City Council will be asked to conduct a public hearing and approve the proposal to sell part of vacated John Street abutting the southeasterly portion of 2101 Plum Creek Road to Sylvia T. Castle, Lance C. Fachman, Valerie C. Fachman, and Lance C. Fachman as Trustee of the Mary M. Fachman Trust FBO Eric J. Fachman, each as to an undivided one-fourth (1/4) interest. This portion of street was vacated by Ordinance 2018-0791 dated September 24, 2018. The above named own the abutting property and would like to add the vacated right of way to the property that they own. This property was transferred previously by Resolution 2019-0026 dated January 7, 2019. A scrivener’s error in the legal description was found and a corrective deed is requested to amend the error and to add all deed holder names.

The resolution on Monday’s agenda authorizes the issuance of a corrective city deed to Sylvia T. Castle, Lance C. Fachman, Valerie C. Fachman, and Lance C. Fachman as Trustee of the Mary M. Fachman Trust FBO Eric J. Fachman, each as to an undivided one-fourth (1/4) interest.

FINANCIAL IMPACT: The amount of $937.50 plus costs was received previously.

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

ALTERNATIVES: Do not approve the resolution

ATTACHMENTS: Resolution Offer to Purchase Aerial

RESOLUTION NO. 2019- ______with attachments

RESOLUTION APPROVING PROPOSAL TO SELL CERTAIN REAL PROPER- TY, AUTHORIZING A CORRECTIVE CITY DEED AND RESCINDING ALL CONFLICTING RESOLUTIONS (THAT PART OF VACATED JOHN STREET ABUTTING THE SOUTHEASTERLY PORTION OF 2101 PLUM CREEK ROAD) (PETITIONERS: SYLVIA T. CASTLE, LANCE C. FACHMAN, VALERIE C. FACHMAN, AND LANCE C. FACHMAN AS TRUSTEE OF THE MARY M. FACHMAN TRUST FBO ERIC J. FACHMAN, EACH AS TO AN UNDIVIDED ONE-FOURTH (1/4) INTEREST) (PURCHASE PRICE: $937.50 PLUS COSTS).

WHEREAS, the City Council of the City of Sioux City, Iowa, set forth its proposal to sell the following described real property in Resolution No. 2019-0749, passed and approved September 9, 2019:

That part of vacated John Street (originally platted as Kearney Avenue) abutting Lots 5 and 6 and the north one-half of Lot 7, Block 5, Kearney and Howard’s Ad- dition to Sioux City, Iowa, the south line of which extends west to the southeast corner of Lot 4, Auditor’s Plat of the W ½ NE ¼ and the E ½ NW ¼, Section 18, Township 89 North, Range 47 West, Sioux City, Woodbury County, Iowa. (Con- taining 3,750 sq. ft. more or less); and

WHEREAS, a public hearing was held on said proposal on September 23, 2019, pursuant to published notice given as provided by law; and

WHEREAS, a corrective city deed prepared in accordance with the previously received “Offer To Buy” is attached hereto and by this reference made a part hereof; and

WHEREAS, said corrective city deed is prepared to correct the erroneous legal description in a previous city deed filed on January 25, 2019 at Roll 762, Images 10033-10038 and re-recorded on January 28, 2019 at Roll 762, Image 10262-10267, and authorized by Resolution No. 2019- 0026 passed and approved January 7, 2019.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that all objections to the proposed sale of the real estate described in the preamble hereof, be and the same are hereby overruled.

BE IT FURTHER RESOLVED, that the above described real property be sold to Sylvia T. Castle, Lance C. Fachman, Valerie C. Fachman, and Lance C. Fachman as Trustee of the Mary M. Fachman Trust FBO Eric J. Fachman, each as to an undivided one-fourth (1/4) interest in accordance with the terms and conditions set forth in Resolution No. 2019-0749, passed and approved September 9, 2019.

BE IT FURTHER RESOLVED that the corrective city deed attached hereto conveying said property to Sylvia T. Castle, Lance C. Fachman, Valerie C. Fachman, and Lance C. Fachman as Trustee of the Mary M. Fachman Trust FBO Eric J. Fachman, each as to an undivided one- fourth (1/4) interest, be and the same is hereby approved as to form and content and the Mayor and City Clerk authorized and directed to execute same for and on behalf of the City of Sioux City, Iowa.

BE IT FURTHER RESOLVED that upon receipt of the consideration fixed in said corrective city deed and the costs incurred in this sale that the corrective city deed be delivered to the purchasers.

BE IT FURTHER RESOLVED that Resolution No. 2019-0026 passed and approved January 7, 2019 be and the same is hereby rescinded.

PASSED AND APPROVED: September 23, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

U:\City Legal\Secure\Resolutions\Res2019\Com Dev\Castle Sale 2R (Portion Of Vac John Street Adj 2101 Plum Creek Road).Docx

______Prepared by: Nicole M. DuBois, P.O. Box 447, Sioux City, Iowa 51102 Telephone No. (712) 279-6318 After recording return to: City of Sioux City, Iowa, P.O. Box 447, Sioux City, Iowa 51102

ADDRESS TAX STATEMENT: Sylvia Castle 2101 Plum Creek Road, Sioux City IA 51103

CORRECTIVE CITY DEED

KNOW ALL MEN BY THESE PRESENTS:

That the City of Sioux City, Iowa, a municipal corporation, of the County of Woodbury, and State of Iowa, by its Mayor thereunto duly authorized, as hereinafter set forth, in consideration of the sum of NINE HUNDRED THIRTY-SEVEN DOLLARS AND FIFTY CENTS ($937.50) in hand paid by Sylvia T. Castle, Lance C. Fachman, Valerie C. Fachman, and Lance C. Fachman as Trustee of the Mary M. Fachman Trust FBO Eric J. Fachman, each as to an undivided one- fourth (1/4) interest of the County of Woodbury and State of Iowa, does hereby release, remise, convey and quit claim unto the said Sylvia T. Castle, Lance C. Fachman, Valerie C. Fachman, and Lance C. Fachman as Trustee of the Mary M. Fachman Trust FBO Eric J. Fachman, each as to an undivided one-fourth (1/4) interest all its right, title and interest in and to the following described premises situated in the County of Woodbury and State of Iowa, to-wit:

This deed is subject to the right of the City of Sioux City, Iowa, to use said real estate in connection with the operation, maintenance, and replacement of any presently existing and installed public utility, above, below or beneath the ground, and subject to the same right on the part of public utility companies operating under franchise or special permit in the City of Sioux City, Io- wa.

This deed is executed under and by virtue of the authority vested in the Mayor of Sioux City, Iowa, under the provisions of which and in accordance herewith, this deed is executed and delivered.

This deed is prepared to correct the erroneous legal description in a previous city deed filed on January 25, 2019 at Roll 762, Images 10033-10038 and re-recorded on January 28, 2019 at Roll 762, Image 10262-10267, and authorized by Resolution No. 2019-0026 passed and approved January 7, 2019.

IN WITNESS WHEREOF, the City of Sioux City, Iowa, has caused these Presents to be signed by its Mayor and the seal of said City duly attested by the City Clerk hereunto affixed this 23rd day of September 2019.

CITY OF SIOUX CITY, IOWA

BY: ______Robert E. Scott, Mayor

ATTEST: ______Lisa L. McCardle, City Clerk

STATE OF IOWA ) : ss WOODBURY COUNTY)

On this 23rd day of September, 2019, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Robert E. Scott and Lisa L. McCardle, to me personally known, and, who, being by me duly sworn, did state that they are the Mayor and City Clerk, respectively, of the City of Sioux City, Iowa; that the seal affixed to the foregoing instrument is the official seal of the City, and that the instrument was signed and sealed on behalf of the City, by authority of its City Council, as contained in Resolution No. 2019-______passed on the 23rd day of September, 2019, and that Robert E. Scott and Lisa L. McCardle acknowledge the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the City.

BY: ______Notary Public in and for Iowa

Exempt from Transfer Tax pursuant to Chapter 428A.2(6).

x Regular Session Study Session Closed Session

CITY OF SIOUX CITY REQUEST FOR CITY COUNCIL ACTION

MEETING DATE: September 23, 2019 ACTION ITEM # 15-16 FROM: Captain Lisa Claeys, Police Department

Resolution amending Purchase Order 331189 with Office Elements LLC of Sioux City, Iowa to increase the purchase order by $41,052.48 for the replacement of furniture in the Records Room in connection with the Sioux City Police Headquarters Furniture and Equipment Replacement Project. (Project No. 195-047) SUBJECT: Resolution approving Change Order No. 1 to the Service Provider Agree- ment with Office Elements LLC of Sioux City, Iowa in the amount of $8,500.00 for the removal and installation of furniture for the Records Room in connection with the Sioux City Police Headquarters Furniture and Equipment Replacement Project. (Project No. 195-047)

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

RECOMMENDATION: Staff respectfully requests City Council amend Purchase Order 331189 with Office Elements LLC of Sioux City, Iowa to increase the Purchase Order by $41,052.48 for the replacement of furniture in the Records Room at the Sioux City Police Department.

Staff respectfully requests City Council approve Change Order No. 1 to the Service Provider Agreement with Office Elements LLC of Sioux City, Iowa in the amount of $8,500.00 for the removal and installation of furniture for the Records Room at the Sioux City Police Department.

DISCUSSION: A Purchase Order in the amount of $243,430.54 was awarded to Office Elements on August 26, 2019 under Resolution No. 2019-0719. This project includes the purchase and installation of furniture and equipment for the Sioux City Police Headquarters building. The majority of the furniture in the building is the original furniture dating back to the building’s construction in 1986. Approximately fifteen years ago, the Records Room had been redesigned and the furniture had been replaced. Because of this, and due to a desire to stay within the amount allo- cated in the Project, the Police Records Room was excluded from the initial bid process.

In 2018, the Sioux City Police Department absorbed the Word Processing unit into our Rec- ords Room. This included cubicles space for four additional work stations. City Maintenance worked with staff to fashion used work stations into the current space.

Amended Purchase Order and Change Order No. 1 Summary – 49,552.48

Office Elements was asked to submit a quote for the cost to replace the furniture in the Rec- ords Room. This includes a redesign of existing space to make the best use of the space in addition to making all of the furniture match in that room as well as the entire department. The total cost of this project to include labor for the removal and installation is $49,552.48.

FINANCIAL IMPACT: CIP account #301-3901-412.31-01 Police, Capital Improvements, Public Safety, Office Furni- ture and Equipment, Project #195-047 Police Furniture Replacement has an available balance of $76,699.46.

RELATIONSHIP TO STRATEGIC PLAN: Relationship complies with City Operational Plans

ALTERNATIVES: Reject change order Defer action to negotiate costs for change order

ATTACHMENTS: Resolutions Hard copy of Bid for furniture will be provided Change Order No. 1 for installation and labor

RESOLUTION NO. 2019 - ______

RESOLUTION AMENDING PURCHASE ORDER 331189 WITH OFFICE ELE- MENTS LLC OF SIOUX CITY, IOWA TO INCREASE THE PURCHASE ORDER BY $41,052.48 FOR THE REPLACEMENT OF FURNITURE IN THE RECORDS ROOM IN CONNECTION WITH THE SIOUX CITY POLICE HEADQUARTERS FURNITURE AND EQUIPMENT REPLACEMENT PROJECT. (PROJECT NO. 195-047)

WHEREAS, a Purchase Order was issued to Office Elements LLC of Sioux City, Iowa on Au- gust 26, 2019, pursuant to Resolution No. 2019-0719, for the purchase of furniture and equipment for the Sioux City Police Headquarters building in the amount of $243,430.54 in connection with the Sioux City Police Headquarters Furniture and Equipment Replacement Project; and

WHEREAS, said Purchase Order needs to be amended to increase the purchase order by $41,052.48 for the replacement of furniture in the Records Room which was excluded from the initial Purchase Order.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, that Purchase Order 331189 be and the same is hereby amended to increase the purchase order by $41,052.48 for the replacement of furniture in the Records Room in connection with the Sioux City Police Headquarters Furniture and Equipment Replacement Project.

PASSED AND APPROVED: September 23, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

RESOLUTION NO. 2019 - ______with attachments

RESOLUTION APPROVING CHANGE ORDER NO. 1 TO THE SERVICE PRO- VIDER AGREEMENT WITH OFFICE ELEMENTS LLC OF SIOUX CITY, IOWA IN THE AMOUNT OF $8,500.00 FOR THE REMOVAL AND INSTALLATION OF FURNITURE FOR THE RECORDS ROOM IN CONNECTION WITH THE SIOUX CITY POLICE HEADQUARTERS FURNITURE AND EQUIPMENT REPLACE- MENT PROJECT. (PROJECT NO. 195-047)

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SIOUX CITY, IOWA, that Change Order No. 1 to the Service Provider Agreement, a copy of which is attached hereto and by this reference made a part hereof, for the removal and installation of furniture for the Records Room in connection with the Sioux City Police Headquarters Furniture and Equipment Re- placement Project, be and the same is hereby approved in the amount of $8,500.00.

BE IT FURTHER RESOLVED, that the City Manager and City Clerk be and they are hereby authorized and directed to execute said Change Order No. 1 to the Service Provider Agreement for and on behalf of the City.

PASSED AND APPROVED: September 23, 2019 Robert E. Scott, Mayor

ATTEST: Lisa L. McCardle, City Clerk

Paul Erdmann OFFICE ELEMErITS Sioux City, IA. 51101 712-255-0181 CHANGE ORDER NO. 1

City of Sioux City Page 1 of 1 Purchasing- 405 6th Street Sioux City, IA. 51102 712-279-6243 712-279-6243

Line # Qty Part Number Part Description Sell Price Extended

1 1 Install/Delivery Install/Delivery and Removal of Existing $8,500.00 $8,500.00 Furniture Police Dept. Records

Subtotal $8,500.00

Total Sell: $8,500.00

"IMPORTANT NOTE TO BUYER: THIS QUOTATION IS LIMITED TO THE TERMS AND CONDITIONS CONTAINED HEREIN.

Any additional pr different terms proposed by Buyer in any purchase order or other document are hereby deemed to be material'alterations and notice of objection to them is hereby given. Any'such proposed terms shall be void and the terms' herein shall constitutethe complete and exclusive.statement of the terms and conditions of the contract between the parties. Neither GBL, LLC's (an Office Elements Company) acknowledgement of a purchase order nor GBI LLC's (an Office Elements Company) failure to object to confliciting, different or additional terms and conditions in a purchase order shall be deemed an acceptance of such terms and conditions or a wiaver of the provisions hereof.

Security Interests. The buyer hereby grants GBI, LLC (an Office Elements CoMpany), "Seller" a purchase money security interest in all products covered.by this quotation as security for payment ofall amounts due under this invoice. The Buyer authorizes the Seller to perfect its security interest by filing appropirate documents (including without limitation Form UCC-1 financing statements) and agrees to cooperate with Seller (at Seller's expense) in taking any further actions reasonably necessary to perfect that security interest. The Seller shall have all rights and remedies of a secured creditor under the Uniform Commercial Code." 11

Accepted by Title Date