SIOUX FALLS, S.D. (KELO.com) -- The City of Sioux Falls has answered another set of questions from KELO.com News and released some additional documents regarding the Denny Deal over the warped siding at the Premier Center.
KELO.com News received the materials yesterday afternoon from City communications specialist Heather Hitterdal, who was forwarding the materials from assistant city attorney Karen Leonard, the person the Huether administration is having answer all media inquiries regarding the controversy.
Leonard, in a written response (see document here), said the parties involved with the siding issue "were not able to produce the fall of 2012 mock ups during the investigation." It was thought that experiment had been conducted regarding the siding.
A letter from Dalsin, Inc. to the City dated November 26, 2014 (see document here) seems to contradict this answer.
"In reviewing the mockup that was fabricated in Dalsin Inc. yard per Mortenson request, there was deflection in the end swedge panel joints of the flush panels (see attached photo)(Note: Photo not attached with KELO.com News' copy of the letter.). The mockup, which showed some deflection in the end swedge panel joints of the flush panels was reviewed by all parties including the The City of Sioux Falls, MA Mortenson, Koch Hazard Architects, Sink Combs Dethlefs, and Dalsin Inc. prior to installing any metal panels on the building."
Leonard also released a copy of report from November 2012 prepared by Wiss, Janney, Elstner Associates, Inc. (see document here), which discusses the best ways to install siding on the Premier Center.
Perhaps the most interesting comment from the report concerning "Metal Wall Panels" was this excerpt:
"If extreme hot or cold temperatures are anticipated during installation the width of seams may require adjustment in the field. The design team will also want to consider the aesthetic implications of seam alignment. Vertical alignment can be problematic because even slight deviations are often visibly apparent, and water penetration at aligned seams can me more localized."
While the Premier Center panels were installed horizontally, installation began on the west wall, according to Dalsin in the above letter, February 22, 2014. According to the Weather Underground, the low that day in Sioux Falls was 12 degrees and the high was 26. For the week of February 23, 2014, Weather Underground says the average low temperature that week in Sioux Falls was minus four degrees and the average high was 15.
The City also provided the outside counsel billing statements Cadwell Sandford Deibert & Garry LLP of Sioux Falls sent to the City for their work on the settlement agreement as well as the Thompson Hine LLP in Cleveland (see documents here). The Sioux Falls firm provided detailed billing by the tenth of an hour for their bills to the City.
However, the national firm, Thompson Hine, did not break down their billing, charging amounts in round numbers. Their bills included a statement like the following:
"For professional services rendered in connection with the Sioux Falls Events Center project pursuant to Addendum No. 1 to Agreement No. 14-3335 executed on December 8, 2014, by and between the City of Sioux Falls and Thompson Hine, LLP."
KELO.com News has asked Leonard for an explanation of the difference in billing practices and a copy of the engagement agreement between the City and the Cleveland law firm.
KELO.com News has also sent a third set of questions to Leonard regarding the legal fees the City incurred in the defense of the lawsuit against the Argus Leader and their request for a copy of the settlement agreement, as well as a simplified explanation of the Contractor's Construction Contingency Fund (see document here).