Aberdeen City Council

AGENDA ABERDEEN CITY COUNCIL REGULAR MEETING CITY OF ABERDEEN, SOUTH DAKOTA MONDAY, MARCH 1, 2021 AT 5:30 P.M. CITY COUNCIL CHAMBERS, CITY HALL, 123 S. LINCOLN ST. 1. CALL TO ORDER A. ROLL CALL B. PLEDGE OF ALLEGIANCE 2. APPROVAL OF AGENDA 3. APPROVAL OF MINUTES, CITY COUNCIL MEETING OF FEBRUARY 22, 2021 4. OPEN FORUM 5:30 TO 5:40 P.M. – 1. SEE FORMAT GUIDELINES AT END OF AGENDA 5. CONSENT CALENDAR – POSSIBLE APPROVAL A. SET BID DATE OF MARCH 16, 2021 AT 2:00 P.M. FOR THE FOLLOWING: 1. RODENT CONTROL SERVICES 2. ANNUAL CONCRETE WORK 3. ACCESSIBLE SIDEWALK QUADRANT IMPROVEMENTS 4. STREET MAINTENANCE CONCRETE REPAIR I B. LICENSE – SOLICITOR – JESSICA BRAMBLE OF MIDWEST DISTRIBUTING INC. C. LOTTERY NOTICE – NSU FOUNDATION/WOLVES ON WATER – RECEIVE AND PLACE ON FILE 6. NEW BUSINESS A. HEARING ON TRANSFER OF RETAIL ON-SALE LIQUOR LICENSE WITH VIDEO LOTTERY FROM ELF INC. TO THE CIRCUS, LLC DBA CIRCUS SPORTS BAR & GRILL AT 14 THIRD AVENUE, SE POSSIBLE APPROVAL OF TRANSFER OF LIQUOR LICENSE WITH VIDEO LOTTERY FROM ELF INC. TO THE CIRCUS, LLC AT 14 THIRD AVENUE, SE B. HEARING ON NEW RETAIL ON-OFF SALE MALT BEVERAGE & SD FARM WINE LICENSE FOR KAREN LLC DBA PALM GARDEN THAI CUISINE AT 602 SOUTH THIRD STREET POSSIBLE APPROVAL OF MALT BEVERAGE & SD FARM WINE LICENSE FOR KAREN LLC AT 602 SOUTH THIRD STREET C. APPOINTMENT OF MEGAN HARDIE TO THE BUSINESS IMPROVEMENT DISTRICT II BOARD POSSIBLE APPROVAL TO APPOINT MEGAN HARDIE TO THE BUSINESS IMPROVEMENT DISTRICT II BOARD D. POLICE DEPARTMENT REQUESTS PERMISSION TO SURPLUS 6 MOBILE RADIOS AND 12 HAND-HELD RADIOS TO VARIOUS RURAL FIRE DEPARTMENTS POSSIBLE APPROVAL TO SURPLUS THE RADIOS FOR DONATION TO THE ABERDEEN RURAL, CLAREMONT, STRATFORD, GROTON, AND COLUMBIA FIRE DEPARTMENTS 02/25/2021 Page 1 of 59  E. CHANGE ORDER #3 AND PAY ESTIMATE #4 (FINAL) FOR 281 WATERMAIN LOOP CONSTRUCTION PROJECT W-2018-1 AND SETTLEMENT OF DISPUTED CLAIM POSSIBLE APPROVAL OF THE CHANGE ORDER #3 IN THE AMOUNT OF $70,000.00 AND THE PAY ESTIMATE #4 (FINAL) IN THE AMOUNT OF $70,000.00 FOR WATERMAIN LOOP CONSTRUCTION PROJECT TO B & B CONTRACTING AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO SETTLE ALL CLAIMS INVOLVING THE CONTRACTOR, SUBCONTRACTOR, AND CITY ON THE PROJECT 7. REVIEW AND APPROVAL OF CLAIMS AND PAYROLL A. BILLS: APPROVAL OF BILL LIST FOR MARCH 1, 2021 B. PAYROLL – APPROVAL FOR PAY PERIOD FROM FEBRUARY 14, 2021 TO FEBRUARY 27, 2021 AND FOR CITY’S SHARE OF SOCIAL SECURITY, OLD AGE AND SURVIVOR’S INSURANCE, RETIREMENT, HEALTH AND LIFE INSURANCE 8. CITY MANAGER’S REPORT 9. ADJOURNMENT 1. OPEN FORUM PROVIDES AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL WITH QUESTIONS, CONCERNS OR COMMENTS ON ITEMS, WHICH ARE NOT ON THE AGENDA. CITIZENS ARE ASKED TO SIGN UP TO SPEAK PRIOR TO THE OPEN FORUM PORTION OF THE MEETING. OPEN FORUM WILL BE LIMITED TO 10 MINUTES (IF NO ONE IS IN ATTENDANCE FOR THE OPEN FORUM, THE REGULAR MEETING MAY BEGIN) UNLESS A MAJORITY OF THE CITY COUNCIL AGREES TO EXTEND THE TIME PERIOD. THE OPEN FORUM MAY NOT BE USED TO MAKE PERSONAL ATTACKS, TO AIR PERSONALITY GRIEVANCES, TO MAKE POLITICAL ENDORSEMENTS, OR FOR POLITICAL CAMPAIGN PURPOSES. OPEN FORUM WILL NOT BE USED AS A TIME FOR PROBLEM SOLVING OR REACTING TO THE COMMENTS MADE, BUT, RATHER FOR HEARING THE CITIZEN FOR INFORMATIONAL PURPOSES. THE CITY COUNCIL MAY RESPOND WITH REQUEST FOR CITY MANAGEMENT TO FOLLOW UP AND REPORT BACK ON ANY ISSUE RAISED DURING THE PUBLIC ADDRESS TIME. A PRESENTATION MAY NOT EXCEED TWO MINUTES IN DURATION. 2. ADA COMPLIANCE: THE CITY OF ABERDEEN FULLY SUBSCRIBES TO THE PROVISIONS OF THE AMERICAN’S WITH DISABILITIES ACT. IF YOU DESIRE TO ATTEND THIS PUBLIC MEETING AND ARE IN NEED OF SPECIAL ACCOMMODATIONS, PLEASE NOTIFY THE CITY FINANCE OFFICE AT LEAST 8 HOURS PRIOR TO THE MEETING SO APPROPRIATE AUXILIARY AIDS AND SERVICES CAN BE MADE AVAILABLE. THE CITY COUNCIL MEETS WEEKLY ON MONDAYS AT 5:30 P.M. EXCEPT WHEN A HOLIDAY FALLS ON MONDAY, IN WHICH CASE THE MEETING IS HELD AT 5:30 P.M. ON THE NEXT BUSINESS DAY. 3. A COPY OF THE SUBJECT MATTER ON THE CITY COUNCIL MEETING AGENDA IS AVAILABLE FOR PUBLIC DISTRIBUTION AT THE CITY FINANCE OFFICE AND AVAILABLE ON THE CITY’S WEBSITE www.aberdeen.sd.us. **OPEN MEETING GUIDELINES DURING COVID-19 PANDEMIC** ALL PERSONS ATTENDING THE MEETING SHOULD MAINTAIN PHYSICAL SEPARATION OF AT LEAST SIX FEET BETWEEN PERSONS WHO ARE NOT IMMEDIATE FAMILY MEMBERS OR MEMBERS OF THE SAME HOUSEHOLD. PUBLIC SEATING IN COUNCIL CHAMBERS WILL BE ARRANGED TO MAINTAIN THE PHYSICAL SEPARATION AND SEATING MAY NOT BE MOVED IN VIOLATION OF THIS REQUIREMENT. ANY PERSON WHO FAILS TO MAINTAIN THE REQUIRED SEPARATION WILL BE ASKED TO COMPLY. SUCH PERSON WILL BE REMOVED FROM COUNCIL CHAMBERS UPON REFUSAL TO COMPLY. 02/25/2021 Page 2 of 59  17863 MINUTES ABERDEEN CITY COUNCIL MEETING City Council Chambers, 123 South Lincoln Street, Municipal Building, Aberdeen, South Dakota, February 22, 2021 at 5:30 p.m., regular meeting of the City Council. CALL TO ORDER MEETING ROLL CALL Present at roll call were City Council Members Mark Remily by teleconference, Dave Lunzman, Josh Rife, Alan Johnson by teleconference, Justin Reinbold, Tiffany Langer by teleconference, Clint Rux, and Mayor Travis Schaunaman. City Council Member Rob Ronayne was absent. City Staff present were Joe Gaa, Ron Wager, Robin Bobzien, Brett Bill, Karl Alberts, Dave McNeil, Joel Weig, Mariah Mougey, and Chris Scott. PLEDGE OF ALLEGIANCE Mayor Schaunaman led the Pledge of Allegiance. APPROVAL OF AGENDA Motion by Reinbold, second by Lunzman to approve the agenda. Upon roll call vote, all present voting aye, motion carried. MINUTES Motion by Rux, second by Rife to approve the minutes of the February 16, 2021 City Council Meeting, as circulated. Upon roll call vote, all present voting aye, motion carried. OPEN FORUM No one appeared in open forum to address the Council. CONSENT CALENDAR Motion by Lunzman, second by Rux to approve the following items on the consent calendar: SET HEARING DATE – of March 15, 2021 at 5:30 p.m. – New Retail On-Sale Liquor- Restaurant License and New Retail On-Off Sale Malt Beverage & SD Farm Wine License for Stacy J. Gossman dba Scotty’s, 719 North Main Street SET DEADLINE DATE – of March 16, 2021 at 9:00 a.m. for Statements of Qualifications for Airport Engineering Services. LICENSES – Taxi Cab Driver – Carey Gardner; Taxi Cab Driver – Crystal Miller REQUEST FOR STREET/TRAIL USE – 2200 Block of 6th Avenue, SE to South Fifth Street then to 387th Avenue for DTOM 22/0 Foundation’s “Bataan Memorial Death March” on April 10, 2021 LOTTERY NOTICE – Bethlehem Lutheran Church Pre-K – receive and place on file REPORTS AND MINUTES FROM CITY BOARDS – Aberdeen Airport Board Meeting Minutes; Aberdeen City Planning Commission Meeting Minutes; Board of Zoning Adjustment Meeting Minutes; K.O. Lee Aberdeen Public Library Board of Trustees Meeting 02/25/2021 Page 3 of 59  17864 Minutes – receive and place on file Upon roll call vote, all present voting aye, motion carried. NEW BUSINESS RESOLUTION NO. 21-02-02R DECLARING FIREARMS SURPLUS Police Chief Dave McNeil requested approval of Resolution No. 21-02-02R declaring 7 service firearms as surplus property and provides for the trade in on new items. Motion by Rux, second by Reinbold to declare property surplus and approve Resolution No. 21-02-02R. Upon roll call vote, all present voting aye, motion carried. RESOLUTION NO. 21-02-02R RESOLUTION DECLARING SURPLUS PROPERTY BE IT HEREBY RESOLVED by the Aberdeen City Council that the following described property is declared surplus property and may be disposed of in accordance with SDCL §23A-37-13, said property is described as follows: Description Serial No. .40 Glock 22 #PLL777 H&K G36 55.6 Rifle #84-004428 H&K G36 55.6 Rifle #84-004425 H&K G36 55.6 Rifle #84-004431 H&K G36 55.6 Rifle #84-004422 H&K MP5 9mm #62-384701 H&K MP5 9mm #62-367143 BE IT FURTHER RESOLVED that the Chief of Police may trade this surplus property to any licensed firearms dealer as allowed by law. The foregoing Resolution was adopted at a regular meeting of the Aberdeen City Council on the 22nd day of February, 2021. Number of AYES: 8; Number of NAYS: 0. RESOLUTION NO. 21-02-03R DECLARING ABANDONED VEHICLE SURPLUS City Attorney Ron Wager explained the process for obtaining a title to an abandoned vehicle to be disposed of and requested approval of Resolution No. 21-02-03R declaring a 2003 Mercury Mountaineer surplus property. Motion by Rife, second by Lunzman to adopt Resolution No. 21-02-03R declaring the abandoned vehicle to be surplus property and directing disposal of such vehicle according to State Law. Upon roll call vote, all present voting aye, motion carried. RESOLUTION NO. 21-02-03R RESOLUTION DECLARING SURPLUS PROPERTY BE IT HEREBY RESOLVED by the Aberdeen City Council that the abandoned vehicle below is declared surplus property and may be disposed of in accordance with SDCL §6-13-1, said property described as follows: Description VIN Number 02/25/2021 Page 4 of 59  17865 2003 Mercury Mountaineer 4M2ZU86K03UJ09083 BE IT FURTHER RESOLVED by the Aberdeen City Council that the Finance Officer shall dispose of the said surplus property in accordance with the laws of the State of South Dakota. The foregoing Resolution was adopted at a regular meeting of the Aberdeen City Council on the 22nd day of February, 2021. Number of AYES: 8; Number of NAYS: 0. REQUEST TO PURCHASE DESKTOPS AND NOTEBOOKS City Finance Officer Karl Alberts requested permission to purchase 38 Dell OptiPlex 3080 SFF desktops and 10 Dell Latitude 5520 notebooks with docking stations from Dell. Motion by Rux, second by Lunzman to purchase 38 Dell desktops at a cost of $23,646.26 and 10 Dell Latitude notebooks at a cost of $13,462.90 as requested. Upon roll call vote, all present voting aye, motion carried. BIDS FOR WATERMAINS, FRAMES/GRATES, HYDRANTS AND SEWER PIPE City Engineer Robin Bobzien explained the bids received for Watermains, Frames/Grates, Hydrants and Sewer Pipe for the Public Works Utility Division and recommended awarding the bids for Schedule A – Pipe, Valves & Fittings to Core & Main LP at a cost of $170,428.10; Schedule B – Fire Hydrants to Core & Main LP at a cost of $28,022.99; Schedule C – Manholes, Inlets to Ferguson Waterworks at a cost of $30,631.88; and Schedule D – Sewer Couplings, Pipe to Ferguson Waterworks at cost of $27,609.40. Motion by Rife, second by Rux to award the bids for Watermains, Frames/Grates, Hydrants and Sewer Pipe for Schedules A, B, C, and D as recommended and authorized the City Manager and Finance Officer to sign all the necessary documents after approval by the City Attorney. Upon roll call vote, all present voting aye, motion carried. BIDS FOR AGGREGATES City Engineer Robin Bobzien explained the bids received for Seal Coat Aggregates for the Public Works Department and recommended accepting the bids for Option A – Pea Rock to Jensen Rock & Sand at a cost of $16.75/ton; Option C – Crushed Granite to Jensen Rock & Sand at a cost of $37.00/ton; and Option D – Crushed Aggregate Base Course to Kevin Bourdon Trucking at a cost of $14.75/ton. Motion by Rux, second by Lunzman to accept the bids for the Aggregates as recommended and authorized the City Manager and Finance Officer to sign all the necessary documents after approval by the City Attorney. Upon roll call vote, all present voting aye, motion carried. BIDS FOR ASPHALTIC REPAIR MIX City Engineer Robin Bobzien explained the bids received for Asphaltic Repair Mix for the Public Works Department and recommended accepting the bids for Item 1 – Cold Mix to Jensen Rock & Sand at a cost of $135.00/ton; Item 2 – Cold Mix to Jensen Rock & Sand at a cost of $135.00/ton; Item 3 – ½” Hot Mix to Jensen Rock & Sand at a cost of $62.85/ton; and Item 4 – ¾” Hot Mix to Jensen Rock & Sand at a cost of $62.85/ton; and Item 5 – Rental 02/25/2021 Page 5 of 59  17866 of Equipment to Jensen Rock & Sand. Motion by Rux, second by Reinbold to accept the bids for the Asphaltic Repair Mix as recommended and authorized the City Manager and Finance Officer to sign all the necessary documents after approval by the City Attorney. Upon roll call vote, all present voting aye, motion carried. BID FOR ROAD OIL City Engineer Robin Bobzien explained that there were no conforming bids for Road Oils so State Law allows the City to seek quotes for the purchase of supplies at the most advantageous prices. Bobzien said that Flint Hills Resources did submit a quote for the Road Oil to the City of Aberdeen in the amount of $607.53/ton and recommended approving the purchase of the Road Oil from Flint Hills Resources. Motion by Rux, second by Rife to accept the quote of $607.53/ton for the Road Oil from Flint Hills Resources and authorized the City Manager and Finance Officer to sign all the necessary documents after approval by the City Attorney. Upon roll call vote, all present voting aye, motion carried. REVIEW AND APPROVAL OF CLAIMS BILLS Motion by Rife, second by Lunzman to approve payment of the bills listed for February 22, 2021, and any additions thereto, such bills having been audited by the Finance Officer and fully itemized and authorize the Mayor or City Manager to sign, and the Finance Officer to countersign, all warrants for payment of the following approved bills: Midwest Alarm Company 282.96; MARCO Technologies LLC 42.72; Bonnie Bitz 3,620.00; J P Cooke Co 73.20; Hawkins Inc. 1,420.00; Lang’s TV & Appliance 34.00; Flexible Pipe Tool Company 2,745.00; Graham Tire Co. 517.90; Direct Automation LLC 178.79; Auto Value Part Stores/Hedahls 79.94; Automatic Building Controls 315.00; Sanford Health Occupational Medicine Clinic 1,624.00; Farnams Genuine Parts 35.67; Dakota Supply Group 111.45; Cross Country Freight Solutions, Inc. 91.00; Safety Service Inc. 2,129.80; SHARE Corp. 3,067.46; Banner Associates Inc. 17,801.70; Production Monkeys.com 218.33; M & T Fire & Safety Inc. 9.50; Landon Seaman 240.00; UNIVAR Solutions USA Inc. 7,017.95; Jarman’s Water Systems 382.50; Northern Valley Communications 29.88; Otis Elevator Company 593.00; Menards 545.16; Marshall-Bond Pumps Inc. 827.82; Allegiant Emergency Services, Inc. 1,615.14; A Child Is Missing 400.00; Borns Group 9,601.26; Matheson Tri- Gas Inc. 6,120.78; Konica Minolta Premier Finance 120.50; Advance Auto Parts 18.17; Titan Machinery 41.47; Jeffdog Designs 209.98; Jefferson Partners LP 761.17; The Guardian Life Ins. Co. 115.24; Legacy Design Group, LLC 20,580.00; Empowerment Counseling, LLC 180.00; United Parcel Service 135.39; American Advanced Practice Network 2,325.00; Office Depot 344.10; AGTEGRA Cooperative 109.45; Runnings Supply Inc. 436.64; The Home Depot 214.22; Protec Roofing ARS Tecta America 847.74; SD Dept. of Revenue 7,623.76; ELEVON 3,500.00; Card Connect 8,000.00; Infintech 2,000.00; Northwestern Energy 150,000.00; Northern Electric 25,000.00. Upon roll call vote, all present voting aye, 02/25/2021 Page 6 of 59  17867 motion carried. CITY MANAGER’S REPORT City Manager Joe Gaa gave his report including recognition of the Emergency Medical Service Safety & Loss Control Award received by the Aberdeen Fire and Rescue Department. ADJOURNMENT There being no further business, motion by Lunzman, second by Rux to adjourn the meeting. Upon roll call vote, all present voting aye, motion carried. The meeting adjourned at 5:52 p.m. Prepared by Mary Campton for the Finance Office. /s/ Karl Alberts, Finance Officer. 02/25/2021 Page 7 of 59  City of Aberdeen - Request for Council Action March 1, 2021 5 Agenda Section – Consent Calendar - This request for Council Action lists all the items which have been included in the consent agenda for this meeting. The City Council can approve all of the items with a single motion to approve. The Mayor will allow the Council Members an opportunity to state whether there are any of these items which you wish to have removed from the Consent Agenda approval and to have discussed and acted upon separately by the City Council. Items: A. SET BID DATE OF MARCH 16, 2021 AT 2:00 P.M. FOR THE FOLLOWING: 1. RODENT CONTROL SERVICES 2. ANNUAL CONCRETE WORK 3. ACCESSIBLE SIDEWALK QUADRANT IMPROVEMENTS 4. STREET MAINTENANCE CONCRETE REPAIR I B. LICENSE – SOLICITOR – JESSICA BRAMBLE OF MIDWEST DISTRIBUTING INC. C. LOTTERY NOTICE – NSU FOUNDATION/WOLVES ON WATER – RECEIVE AND PLACE ON FILE C:\Users\mary.c\Documents\CONSENT31.doc 02/25/2021 Page 8 of 59 02/25/2021 Page 9 of 59 02/25/2021 Page 10 of 59 02/25/2021 Page 11 of 59 02/25/2021 Page 12 of 59 02/25/2021 Page 13 of 59 02/25/2021 Page 14 of 59  6A 02/25/2021 Page 15 of 59 02/25/2021 Page 16 of 59 02/25/2021 Page 17 of 59 02/25/2021 Page 18 of 59 02/25/2021 Page 19 of 59  6B 02/25/2021 Page 20 of 59 02/25/2021 Page 21 of 59 02/25/2021 Page 22 of 59 02/25/2021 Page 23 of 59  6C 02/25/2021 Page 24 of 59 02/25/2021 Page 25 of 59  6D 02/25/2021 Page 26 of 59 02/25/2021 Page 27 of 59 02/25/2021 Page 28 of 59  6E . 02/25/2021 Page 29 of 59 02/25/2021 Page 30 of 59 02/25/2021 Page 31 of 59 02/25/2021 Page 32 of 59 02/25/2021 Page 33 of 59  FULL AND FINAL SETTLEMENT AND RELEASE AGREEMENT Iowa Trenchless, L.C. (hereinafter referred to as “Iowa”) in consideration of the sum of Ninety Thousand Dollars ($90,000.00) to be paid by B&B Contracting, Inc. (hereinafter referred to as “B&B”), the receipt and sufficiency of which is hereby acknowledged, does hereby release and discharge the City of Aberdeen, B&B, and North American Specialty Insurance Company (hereinafter collectively referred to as “Releasees”), their agents, employees, representatives, and assigns from any and all claims, causes of action and damages of every kind, which Iowa now has or may have in the future, arising out of or in any manner pertaining to the 281 Watermain Loop Construction Project that forms the basis of the claims asserted in Brown County, South Dakota civil file 06CIV19-563 (hereinafter referred to as “the Project”). Iowa understands: (1) That liability is denied by the Releasees, who have made no representations, agreements or promises to do or admit to do any act or thing not herein set forth; (2) That this settlement is a compromise of disputed claims; (3) That the payment to be made pursuant to this settlement is not to be construed as an admission of liability by any of the Releasees; (4) That this Settlement and Release Agreement, and the consideration expressed herein, are in full and complete settlement, full and complete satisfaction, and full and complete compensation for any and all claims, demands and causes of action that Iowa may have against any and all persons, entities and corporations whatsoever such as are classified as joint tort-feasors, including but not limited to the Releasees, resulting from or in any way growing out of the Project, and any related event which may have transpired subsequent thereto or which may transpire in the future; and (5) That the consideration expressed herein is the sole and only consideration for the execution of this Settlement and Release Agreement. In executing this Settlement and Release Agreement, the parties understand that the terms hereof are contractual and are not mere recitals. They also represent and warrant that they are not relying upon any statement or representation made by any other party or their agents, employees or attorneys; but, instead, we are relying solely upon our own judgment and the advice of their own attorneys. {00444421.DOCX / 1} 02/25/2021 Page 34 of 59  The parties understand that this Settlement and Release Agreement shall bind them, their successors and assigns, and shall inure to the benefit of the Releasees and all other persons and entities released herein. Iowa further agrees that, upon receipt of payment, the action (File 06CIV19-563), entitled Iowa Trenchless, L.C.; and the City of Aberdeen, ex. Rel. Iowa Trenchless, L.C., plaintiffs v. B&B Contracting, Inc.; and North American Specialty Insurance Company, in the Circuit Court, Fifth Judicial Circuit, Brown County, South Dakota, shall be dismissed, on the merits, with prejudice and without costs; and that a judgment of dismissal shall be entered accordingly. B&B and Aberdeen, on behalf of themselves, their successors, assigns, insurers and attorneys, do hereby release, acquit, and forever discharge each other and Iowa of and from all causes of actions, suits, third-party claims, cross-claims, accounts, contracts, agreements, claims or demands whatsoever, in law or in equity, which either of them have had, now have, or may hereafter have against each other and Iowa arising out of or relating to the Project and damages resulting therefrom, including without limitation all claims for contribution, indemnity, negligence, and all claims which were or could have been brought in the lawsuit. THE UNDERSIGNED REPRESENT AND WARRANT THAT THEY HAVE SIGNED THIS SETTLEMENT AND RELEASE AGREEMENT OF THEIR OWN FREE WILL AND ACCORD; THAT THEY ARE COMPETENT TO EXECUTE THIS SETTLEMENT AND RELEASE AGREEMENT; AND THAT THEY HAVE READ THIS SETTLEMENT AND RELEASE AGREEMENT AND FULLY UNDERSTANDS AND APPRECIATE THE CHARACTER OF THIS SETTLEMENT AND RELEASE AGREEMENT AND THE CONSEQUENCES OF EXECUTING IT REMAINDER OF PAGE LEFT INTENTIONALLY BLANK {00444421.DOCX / 1} 02/25/2021 Page 35 of 59  Dated this _____ day of _______________, 2021 IOWA TRENCHLESS, L.C. By:_______________________________ Its:________________________ STATE OF IOWA ) ) ss. COUNTY OF ____________ ) On this, the ____ day of _____________, 2021, before me, the undersigned officer, personally appeared __________ , known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as the authorized representative for the entity Iowa Trenchless, L.C. for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (Notarial Seal) _____________________________ Notary Public, South Dakota My Commission expires:____________ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK {00444421.DOCX / 1} 02/25/2021 Page 36 of 59  Dated this _____ day of _______________, 2021 B&B CONTRACTING, INC. By:_______________________________ Its:________________________ STATE OF SOUTH DAKOTA ) ) ss. COUNTY OF BROWN ) On this, the ____ day of _____________, 2021, before me, the undersigned officer, personally appeared __________ , known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as the authorized representative for the entity B&B Contracting, Inc. for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (Notarial Seal) _____________________________ Notary Public, South Dakota My Commission expires:____________ REMAINDER OF PAGE LEFT INTENTIONALLY BLANK {00444421.DOCX / 1} 02/25/2021 Page 37 of 59  Dated this _____ day of _______________, 2021 CITY OF ABERDEEN By:_______________________________ Its:________________________ STATE OF SOUTH DAKOTA ) ) ss. COUNTY OF BROWN ) On this, the ____ day of _____________, 2021, before me, the undersigned officer, personally appeared __________ , known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as the authorized representative for the entity the City of Aberdeen for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (Notarial Seal) _____________________________ Notary Public, South Dakota My Commission expires:____________ {00444421.DOCX / 1} 02/25/2021 Page 38 of 59  City of Aberdeen Request for Council Action 7A Agenda Item No. Meeting Date: March 1, 2021 Agenda Section New Business Originating Dept: Finance Ordinance/Resolution NA Prepared by: Mary Campton, Compliance/Records Specialist Karl Alberts, Finance Officer No. of Attachments 2 Presented by: Finance Officer Item: Bill List for March 1, 2021 City Manager’s Proposed Action: March 1, 2021, and any additions thereto, such bills having been audited by the Finance Officer and fully itemized and a memorandum of the same to be entered upon the minutes of the meeting, and to authorize the Mayor or City Manager to sign, and the Finance Officer to countersign, all warrants for payment of such approved bills. Overview: The Finance Officer submits the following Bill List for March 1, 2021, of vendors, of items, or services purchased, or of claims made, and the amounts due thereon: Bills Total $345,330.69 02/25/2021 Page 39 of 59 02/25/2021 Page 40 of 59 02/25/2021 Page 41 of 59 02/25/2021 Page 42 of 59 02/25/2021 Page 43 of 59 02/25/2021 Page 44 of 59 02/25/2021 Page 45 of 59 02/25/2021 Page 46 of 59 02/25/2021 Page 47 of 59 02/25/2021 Page 48 of 59 02/25/2021 Page 49 of 59 02/25/2021 Page 50 of 59 02/25/2021 Page 51 of 59 02/25/2021 Page 52 of 59 02/25/2021 Page 53 of 59 02/25/2021 Page 54 of 59 02/25/2021 Page 55 of 59 02/25/2021 Page 56 of 59 02/25/2021 Page 57 of 59 02/25/2021 Page 58 of 59 02/25/2021 Page 59 of 59