HomeMy WebLinkAbout2015.02.17 Council Meeting PacketAGENDA
PASCO CITY COUNCIL.
Regular Meeting 7:00 p.m. February 17, 2015
Please note that our Council Meeting will take place on Tuesday, February 17
as City Hall will be closed Monday, February 16 in honor of Presidents' Day.
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by
the City Council and will be enacted by roll call vote as one motion (in the form listed below).
There will be no separate discussion of these items. If further discussion is desired by
Councilmembers or the public, the item may be removed from the Consent Agenda to the Regular
Agenda and considered separately.
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Public Hearing dated January 26, 2015.
2. Minutes of the Pasco City Council Meeting dated February 2, 2015.
(b) Bills and Communications: (A detailed listing of claims is available for review in the
Finance Manager's office.)
1. To approve claims in the total amount of $3,029,929.14.
2. To approve bad debt write-offs for utility billing, ambulance, cemetery, general
accounts, miscellaneous accounts, and Municipal Court (non -criminal, criminal, and
parking) accounts receivable in the total amount of $258,588.57 and, of that amount,
authorize $154,393.26 be turned over for collection.
(c) Resolution No. 3616, a Resolution of the City of Pasco, Washington repealing Resolution
No. 3462 and adopting new Standards for the Delivery of Public Defender Services.
1. Agenda Report from Stan Strebel, Deputy City Manager dated January 23, 2015.
2. Public Defender Standards — Proposed Resolution.
To approve Resolution No. 3616, regarding Standards for Public Defender Services.
(d) Resolution No. 3617, a Resolution approving Amendment No. 1 to the HOME
Cooperative Agreement for Tri -Cities HOME Consortium of Kennewick, Pasco and
Richland under the National Affordable Housing Act.
1. Agenda Report from Angela Pitman, Block Grant Administrator dated February 2,
2015.
2. HOME Consortium Agreement — Proposed Resolution.
3. HOME Consortium Agreement — Amendment No. 1 to Cooperative Agreement of the
Tri -Cities HOME Consortium.
To approve Resolution No. 3617, approving Amendment No. 1 to the HOME Cooperative
Agreement between the cities of Pasco, Kennewick and Richland for Program Years 2014-
2016.
(e) Resolution No. 3618, a Resolution waiving competitive bidding requirements for the
purchase of a Titus Industrial Group, Inc., DO2E Floating Aerator at the Process Water
Reuse Facility and approving installation of the equipment.
1. Agenda Report from Kent McCue, Interim Engineering Manager dated February 6,
2015.
2. Process Water Reuse Facility DO2E Floating Aerator — Proposed Resolution.
3. Process Water Reuse Facility DO2E Floating Aerator — Price Quote.
4. Process Water Reuse Facility DO2E Floating Aerator— Memo.
To approve Resolution No. 3618, waiving competitive bidding requirements and approving
the purchase of the Titus Industrial Group, Inc., DO2E Floating Aerator and approving
installation of the equipment.
Regular Meeting 2 February 17, 2015
(f) ' Resolution No. 3619, a Resolution fixing the time and date for a public hearing to
consider vacating alleys in Blocks 1, 2 and 3 of Acre Park Addition and in Blocks 3, 5 and
12 of Kurtzman's First Addition.
1. Agenda Report from Shane O'Neill, Planner I dated February 10, 2015.
2. Kurtzman Alley Vacation — Overview Map.
3. Kurtzman Alley Vacation —Vicinity Map.
4. Kurtzman Alley Vacation— Proposed Resolution.
To approve Resolution No. 3619, setting 7:00 pm, Monday, March 16, 2015 as the time
and date to conduct a public hearing to consider vacating alleys in Kurtzman's Addition.
(g) I Resolution No. 3620, a Resolution fixing the time and date for a public hearing to
consider vacating the utility easement on Lot 7, Columbia East #2.
1. Agenda Report from Dave McDonald, City Planner dated February 10, 2015.
2. Easement Vacation, Lot 7 Columbia East #2 — Overview Map.
3. Easement Vacation, Lot 7 Columbia East #2 — Vicinity Map.
4. Easement Vacation, Lot 7 Columbia East #2 — Proposed Resolution.
S. Easement Vacation, Lot 7 Columbia East #2 — Petition.
To approve Resolution No. 3620, setting 7:00 pm, Monday, March 16, 2015 as the time
and date to conduct a public hearing to consider vacating the utility easement through Lot
7, Columbia East #2.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a)
(b)
(c)
5. VISITORS - OTHER THAN AGENDA ITEMS:
(a)
(b)
(e)
6. REPORTS FROM COMMITTEES AND/OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b)
(c)
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
(None)
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
(a) Ordinance No. an Ordinance of the City of Pasco, Washington amending PMC
3.07.040 "Recreation Facility Rental."
1. Agenda Report from Rick Terway, Administrative & Community Services Director
dated January 28, 2015.
2. Recreation Facility Rental — Proposed Ordinance.
MOTION: I move to adopt Ordinance No. amending PMC 3.07.040 Recreation
Facility Rental and, further, authorize publication by summary only.
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
(a) I Bid Award: 2015 Crack Seal, Project #M3 -OV -3R-15-02:
1. Agenda Report from Kent McCue, Construction Manager dated February 11, 2015.
2. 2015 Crack Seal — Vicinity Map.
3. 2015 Crack Seal — Bid Summary.
Regular Meeting 3 February 17, 2015
(RC) MOTION: I move to award the low bid for the 2015 Crack Seal project, to include
the base bid and Alternates A -F to Stripe Rite, Inc., in the amount of $112,670.00 and,
further, authorize the City Manager to execute the contract documents.
(b) i Bid Award: Richardson Park Pool Demolition, Project #C5 -PK -8A-15-11:
1. Agenda Report from Kent McCue, Construction Manager dated February 9, 2015.
2. Richardson Park Pool Demo — Vicinity Map.
3. Richardson Park Pool Demo — Bid Summary.
(RC) MOTION: I move to award the low bid for the Richardson Park Pool Demolition
project to Big D's Construction of Tri -Cities, Inc., in the amount of $84,739.49 and,
further, authorize the City Manager to execute the contract documents.
(c) 1 Bid Award: Memorial Park Upgrades, Project #C5 -PK -8R-14-01:
1. Agenda Report from Kent McCue, Construction Manager dated February 9, 2015.
2. Memorial Park Upgrades — Vicinity Map.
3. Memorial Park Upgrades — Bid Summary.
(RC) MOTION: I move to award the low bid for the Memorial Park Upgrades project,
to include the base bid and Alternates 1, 2 and 3 to Moreno & Nelson Construction
Corporation in the amount of $106,505.86 and, further, authorize the City Manager to
execute the contract documents.
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a)
(b)
(c)
13. ADJOURNMENT.
rRoll Call Vote Required
Item not previously discussed
Quasi -Judicial Matter
MF# "Master File #...: '
REMINDERS:
1. 5:30 p.m., Wednesday, February 18 — Benton, Franklin & Walla Walla Counties Good Roads &
Transportation Association Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; REBECCA
FRANCIK, Alt.)
2. 11:30 a.m., Friday, February 20 — Benton -Franklin Council of Governments Board Meeting.
(COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.)
PUBLIC MEETING
CALL TO ORDER:
MINUTES
PASCO CITY COUNCIL JANUARY 26, 2015
The City Council workshop meeting was called to order at 7:00 p.m. by Matt Watkins,
Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Michael Garrison, Saul Martinez, Matt
Watkins, Robert Hoffmann, Tom Larsen and Al Yenney.
Staff present: Dave Zabell, City Manager; Lee Kerr, City Attorney; Stan Strebel, Deputy
City Manager; Rick White, Community & Economic Development Director; Rick
Terway, Administrative & Community Services; Ahmad Qayoumi, Public Works
Director; Bob Gear, Fire Chief and Bob Metzger, Police Chief.
4. ITEM FOR DISCUSSION:
PUBLIC BEARING — CITY COUNCIL DISTRICTS PUBLIC HEARING:
(a) City Council Districts:
Mr. Strebel explained since last fall, Council has had considerable discussion on
the need to review City Council District boundaries (to keep with the 10%
population tolerance) and to develop a new district boundary plan prior to the
2015 election cycle, for which filing begins on May 11, 2015. The plan shall be
consistent pursuant to RCW 29A.76.010(4). In addition, Mr. Strebel explained
that the Council needs to be mindful of the City's sizeable Latino population,
making sure that boundaries provide for equal voting opportunity for that
minority group. The City has monitored the proceedings of the recent lawsuit
against the City of Yakima and is using the services of a demographic consultant
to consider requirements of the federal Voting Rights Act in drafting potential
district boundaries. The public has been given notice of this hearing by
publication in the Tri -City Herald, To Decides Newspaper (Spanish and English)
and on the City's website (Spanish and English).
MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER CITY
COUNCIL DISTRICTS.
Comments provided by:
Mr. Felix Vargas, 900 Road 64
Richard Reuther, 4302 Desert Street
Isaac Myhrum, 504 Road 37
Nicolas Zavala, 4804 Sirocco Drive
Diana Killian, 1712 W Octave
FOLLOWING THREE CALLS FOR COMMENTS, MAYOR WATKINS DECLARED
THE PUBLIC HEARING CLOSED.
Staff announced the next City Council Districts Public Hearing date would be
February 23, 2015.
APPROVED: ATTEST:
Matt Watkins, Mayor Debra L. Clark, City Clerk
PASSED and APPROVED this 17th day of February, 2015.
3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 2, 2015
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councihnembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom
Larsen, Saul Martinez, Matt Watkins and Al Yenney.
Staff present: Dave Zabell, City Manager; Stan Strebel, Deputy City Manager; Leland
Kerr, City Attorney, Richard Terway, Administrative & Community Services Director;
Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public
Works Director; Bob Metzger, Police Chief; Bob Gear, Fire Chief and Joseph Seer,
Traffic Engineer.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
Approval of Minutes:
Minutes of the Pasco City Council Meeting dated January 20, 2015.
Bills and Communications:
To approve claims in the total amount of $2,581,228.79 ($1,376,186.17 in Check Nos.
202206-202400; $447,525.08 in Electronic Transfer Nos. 803949-804026, 804029-
804045, 804048-804049, 804052-804164; 804166-804246; $26,281.86 in Check Nos.
47700-47725; $528,597.98 in Electronic Transfer Nos. 30077820-30078291;
$202,637.70 in Electronic Transfer Nos. 117-119).
Agreement with Gordon Thomas Honeywell for Federal Legislative Consulting
Services:
To approve the agreement with Gordon Thomas Honeywell Governmental Affairs for
federal legislative consultant services and, further, authorize the City Manager to execute
the agreement.
Right -of -Way License Agreement (MF #AGRMT2015-003) Road 100:
To approve the Road 100 Right -of -Way License Agreement and, further, authorize the
City Manager to execute the license agreement.
Resolution No. 3615, a Resolution approving a preliminary plat for Tierra Vida
Division No. 2.
To approve Resolution No. 3615, approving the Preliminary Plat for Tierra Vida Division
No. 2.
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Yenney
seconded. Motion carried by unanimous Roll Call vote.
VISITORS - OTHER THAN AGENDA ITEMS:
Mr. Jim Brittain, 10824 W. Court St., addressed Council concerning the possibility of the
City working with Google to bring high speed fiber to Pasco.
3(a).2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 2, 2015
REPORTS FROM COMMITTEES AND/OR OFFICERS:
Mr. Garrison attended the Visit Tri -Cities Board meeting.
Mr. Yenney and Mayor Watkins commented on the Employee Awards Banquet.
Mr. Larsen attended the Emergency Medical Services Board meeting.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
Street Vacation: Portion of Road 60 (MF# VAC2014-009).
Mr. White explained the details of the proposed vacation.
MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE
PROPOSED VACATION.
FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE
BEING NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED.
Ordinance No. 4203, an Ordinance vacating a portion of Road 60.
MOTION: Ms. Francik moved to adopt Ordinance No. 4203, vacating the east 15 feet of
Road 60 south of Sylvester Street and, further, authorize publication by summary only.
Mr. Garrison seconded. Motion carried unanimously.
Easement Vacation: Lots 6 & 7, Columbia East #2 (MF# VAC2014-010).
Mr. White explained the details of the proposed vacation.
MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE
PROPOSED VACATION.
FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE
BEING NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED.
Ordinance No. 4204, an Ordinance vacating the Utility Easement between Lots 6
and 7, Columbia East #2.
MOTION: Ms. Francik moved to adopt Ordinance No. 4204, vacating the Utility
Easement between Lots 6 and 7, Columbia East #2 and, further, authorize publication by
summary only. Mr. Martinez seconded. Motion carried unanimously.
Street Vacation: Portion of Colorado Avenue (MF# VAC2014-008).
Mr. White explained the details of the proposed vacation.
MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE
PROPOSED VACATION.
FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE
BEING NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED.
Ordinance No. 4205, an Ordinance vacating a portion of Colorado Avenue.
MOTION: Ms. Francik moved to adopt Ordinance No. 4205, vacating a portion of
Colorado Avenue and, further, authorize publication by summary only. Mr. Yenney
seconded. Motion carried unanimously.
MINUTES
REGULAR MEETING PASCO CITY COUNCIL FEBRUARY 2, 2015
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Ordinance No. 4206, an Ordinance of the City of Pasco, Washington, amending the
zoning classification of property located in the northwest corner of I-182 and
Broadmoor Blvd from RT (Residential Transition) to C-1 (Retail Business).
Mr. White explained the details of the proposed rezone.
MOTION: Ms. Francik moved to adopt Ordinance No. 4206, rezoning property located
in the Northwest corner of I-182 and Broadmoor Blvd from RT to C-1 and, further,
authorize publication by summary only. Mr. Garrison seconded. Motion carried
unanimously.
Ordinance No. 4207, an Ordinance of the City of Pasco, Washington, amending the
zoning classification of property located at 710 North 24th Avenue from C-1 (Retail
Business) to R-3 (Medium Density Residential).
Mr. White explained the details of the proposed rezone.
MOTION: Ms. Francik moved to adopt Ordinance No. 4207, rezoning the property
located at 710 N. 24th Avenue from C-1 to R-3 and, further, authorize publication by
summary only. Mr. Yenney seconded. Motion carried unanimously.
MISCELLANEOUS DISCUSSION:
Mr. Hoffmann and Mr. Yenney commented on the new development along Sylvester St.
Mr. Zabell updated Council on the construction of Powerline Road, the Road 80
Annexation Citizen Committee, the City Website update, Safety Grants for Oregon Ave.
and 20`s Ave., the Fire Safety Inspection Program and STP Funding for the Road 68 Study
and City wide signal improvements.
Mayor Watkins noted that Mac Miller, a frequent visitor at Council Meetings, passed
away last month.
EXECUTIVE SESSION:
Council adjourned to Executive Session at 7:42 p.m. for approximately 20 minutes to
consider possible acquisition and to establish sales price or lease amount of real estate
with the City Manager, Deputy City Manager and the City Attorney.
Mayor Watkins called the meeting back to order at 8:01 p.m.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:01 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
PASSED and APPROVED this 17th day of February, 2015.
CITY OF PASCO
Council Meeting of: February 17 2015
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby cerufy under penalty of perjury that the materials have been furnished, the
services rendered or the labor performed as described herein and that the claim is a just, due and unpaid
obllgation against the city and that we are authorized to authenticate and certify to said claim.
Dave I C pager
Pick Terway, CS Director
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
17 day of February, 2015 that the merchandise or services hereinafter specified have been received and are approved for payment:
Claims Bank Payroll Bank 'I Bank Electronic Bank Combined
Check Numbers 202401-202641 47726-47755
Total Check Amount
$988,067.13
$36,887.47
Electronic Transfer Number;
804316-804317
30078292,30078771
STREET OVERLAY
804325-804326
C. D. BLOCK GRANT
164.25
804351,804369
16.07
NSP GRANT
804372
KING COMMUNITY CENTER
Total EFT Amount
$1,130,412.58
$656,549.87
Councllmember
115-119 120.121
$11,237.05 $206,775.04
SUMMARY OF CLAIMS BY FUND:
Total Checks $
1,024,954.60
Total EFTS $
2,004,974.54
Grand Total $
3,029,929.14
Councllmember
GENERAL FUND
STREET
541,537.24
ARTERIAL STREET
4,006.98
STREET OVERLAY
0.00
C. D. BLOCK GRANT
164.25
HOME CONSORTIUM GRANT
16.07
NSP GRANT
10,000.00
KING COMMUNITY CENTER
1,500.00
AMBULANCE SERVICE
2,105.19
CEMETERY
41,816.88
ATHLETIC PROGRAMS
4602
GOLF COURSE
4,310.70
SENIOR CENTER OPERATING
36,246.34
MULTI MODAL FACILITY
4199 12
SCHOOL IMPACT FEES
1,104.00
SPECIAL ASSESSMNT LODGING
55,880.00
LITTER CONTROL
18,301.48
REVOLVING ABATEMENT
0.00
TRAC DEVELOPMENT & OPERATING
915.38
ECONOMIC DEVELOPMENT
27,321.84
STADIUM/CONVENTION CENTER
8,615.09
GENERAL CAP PROJ CONSTRUCTION
9,991.29
WATER/SEWER
10,597.17
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
1,061,104.19
EQUIPMENT RENTAL - OPERATING BUSINESS
14,390.90
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
5,896.52
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
0.00
0.00
MEDICAUDENTAL INSURANCE
206,223.21
FLEX
0.00
PAYROLL CLEARING
963,639.28
GRAND TOTAL ALL FUNDS:
$ 3,029,929.14
3(b).1
FOR:
TO:
FROM:
SUBJECT:
I.
II.
iWZ$y1"
City Council DATE: February 11, 2015
Dave Zabell, City Managell REGULAR: February 17, 2015
Rick Terway, Administrative unity Services Director
Eva Lindgren, Interim Finance Manager
BAD DEBT WRITE-OFF'S/COLLECTION.
REFERENCE tS1:
Write-off and collection lists are on file in the Finance Department.
ACTION REQUESTED OF COUNCIUSTAFF RECOMMENDATIONS:
MOTION: I move to approve bad debt write-offs for utility billing, ambulance, cemetery, general
accounts, miscellaneous accounts, and Municipal Court (non -criminal, criminal, and
parking) accounts receivable in the total amount of $258,588.57 and, of that amount,
authorize $154,393.26 be turned over for collection.
HISTORY AND FACTS BRIEF:
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-offs are under
$10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for
collection exceed $10.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs
including DSHS and Medicare customers; the law requires that the City accept assignment in these
cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non -criminal and criminal fines, and
parking violations over 30 days past due.
4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are
either un -collectable or have been assigned for collections because the property owner has not
complied or paid the fine. There are still liens in place on these amounts which will continue to be in
effect until the property is brought into compliance and the debt associated with these liens are paid.
5. CEMETERY — These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
Utility Billing
Ambulance
Court A/R
Code Enforcement
Cemetery
General
Miscellaneous
TOTAL:
3(b).2
Amount
Direct
Referred to
Total
Write-offs
Collection
Write-offs
$ 112.95
1,483.84
1,596.79
$ 104,080.56
14,767.04
118,847.60
$ .00
129,936.00
129,936.00
$ .00
8,155.88
8,155.88
$ .00
.00
.00
$ 1.80
50.50
52.30
$ .00
,00
.00
$ 104,195.31
154,393.26
258,588.57
3(b).2
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manage
FROM: Stan Strebel, Deputy City Manager
SUBJECT: Public Defender Standards
I. REFERENCE(S):
1. Public Defender Standards — Proposed Resolution
January 23, 2015
Workshop Mtg.: 2/9/15
Regular Mtg.: 2/17/15
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
2/9: Discussion
2/17: MOTION FOR THE CONSENT AGENDA:
I move to approve Resolution No.Sta I regarding Standards for Public
Defender Services
III. FISCAL IMPACT:
Increased costs are expected; unknown at this time.
IV. HISTORY AND FACTS BRIEF:
A) In response to legislative mandate and Supreme Court Order, the City adopted
standards for the provision of public defense services to indigent defendants in March
of 2013.
B) Since adoption of the standards, additional requirements of the court and case law
from a federal lawsuit (Wilbur vs. City of Mt. Vernon) requires that the City review
and update its standards.
C) The new requirements will impose significant new performance and reporting
responsibilities on the City and its public defenders and will place workload limits on
defenders, whether publically employed or under private contract. Cost increases in
meeting the standards are expected to be realized in a number of different ways. It is
impossible to estimate the cost impacts at this time.
V. DISCUSSION:
A) Staff is still working to make necessary modifications in contracts, reports and other
practices. Adoption of the proposed Resolution will satisfy one of the requirements
of the new standards, which staff recommends.
3(c)
RESOLUTION NO. 3� I
A RESOLUTION of the City of Pasco, Washington, repealing Resolution
No. 3462 and adopting new Standards for the Delivery of Public Defender
Services.
WHEREAS, the Washington legislature by RCW 10.101.030 requires the City of Pasco
("City") to legislatively adopt Standards for the delivery of Public Criminal Defense Services;
and
WHEREAS, the Council has, by Resolution No. 3462, on the 18th day of March, 2013,
adopted a Resolution initiating the process of reviewing Standards for indigent defense under
which the City Manager and staff engaged in a process to review and update the Standards
adopted by the City utilizing the Washington State Bar Association Standards for Indigent
Defense Services as a guideline and to work with the attorney contractors providing public
defense services to the City, the prosecutors, and the Pasco Municipal Court to provide a report
to the City Council and to prepare such documents and amendments to the Standards as adopted
by Court rule; and
WHEREAS, since the initiation of that review, additional Standards have been adopted,
case load weighting established, and litigation has occurred providing additional direction for the
preparation of appropriate Standards; and
WHEREAS, on December 4, 2013, a decision in Wilbur vs. City of Mount Vernon was
rendered providing additional guidance to Washington cities regarding the provision of indigent
defense services, its funding, and evaluation of existing and necessary services; and
WHEREAS, the City Manager and staff have done a comprehensive assessment, and
evaluation of the indigent defense procedures before the Pasco Municipal Court, and have
identified significant modifications to the procedure, the agreements with the defense providers,
prosecutors, and the Municipal Court, and prepared Standards and procedures which are
designed to enhance the protection of the rights of all those accused of a crime and specifically
that vulnerable portion of citizens who cannot afford to secure legal representation in criminal
proceedings and to assure those rights are preserved. NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. The City of Pasco does hereby adopt the following standards for the
delivery of Public Defender Services:
1. DUTIES AND RESPONSIBILITIES.
1.1 Public Defense Services shall be provided to all clients in a professional,
skilled manner consistent with the minimum standards set forth by the Washington State
Bar Association Standards for Indigent Defense Services (June 3, 2011), the Rules of
Professional Conduct, case law and, in particular, the decision in Wilbur vs. Mt. Vernon,
and applicable Court rules defining the duties of counsel and the rights of defendants in
criminal cases. The Public Defender's primary and most fundamental responsibility is to
promote and protect the interests of the client.
1.2 Public Defense shall be provided to indigent clients whose eligibility has
been determined through an established screening process.
1.3 All Public Defenders providing services by contract shall quarterly certify
their compliance with the standards for indigent defense by filing a Certification of
Compliance as required by CrR 3. 1, CrRLJ 3.1 and JuCR 9.2. Such forms shall be filed
with the City's Municipal Court. Copies of each Public Defender's certification shall be
provided to the City's Defense Contract Administrator.
1.4 Nondiscrimination. The Public Defender shall comply with all Federal,
State and local nondiscrimination laws or ordinances. The duty of nondiscrimination
relates not only to the provision of services by the Public Defender to clients, but also
with respect to the hiring and employment practices of the Public Defender Contractor.
2. ADMINISTRATION, SUPPORT SERVICES AND INFRASTRUCTURE.
2.1 Contracts for services and proposals submitted in pursuit of such contracts
shall require the Public Defender to provide, through adequate compensation provided in
the contract, adequate administrative support, including but not limited to:
2.1.1 Travel, telephones, law library and/or electronic research
capabilities, financial accounting, case management systems, computers, word
processing equipment and software, office space and supplies. Proposals for
contracts shall be evaluated to address the training of attorneys and staff (see
Section 1.1 above) and provide for adequate staffing and other costs associated
with the day-to-day management of a law office.
2.1.2 Private offices and/or conference rooms shall be available which
allow the maintenance of confidentiality. A telephone system, internet access and
postal address shall be provided by the Public Defender.
2.2 The Public Defender shall provide for adequate staffing under the
contract. An adequate staff includes the provision for investigative services, legal
assistance, accounting services, case management services and/or programs and access,
when needed, to the services of a social worker, mental health professional and/or
translator.
2.3 The contract shall provide for additional compensation for extraordinary
costs associated with defense, such as expert witness fees.
3. EVALUATION AND MONITORING.
3.1 The City Manager shall designate a Public Defense System Contract
Administrator to provide monitoring and evaluation of the Public Defense Services
provided by the City.
3.2 Public Defense Services shall include a case reporting system and
information management system. Such systems shall have the capability to provide
periodic reports to the City regarding the caseload generated under the contract for each
attorney and intern providing services under the contract, case disposition and history.
4. CASELOAD LIMITS. The Public Defender shall comply with all caseload
limitations imposed pursuant to the Court Rule and adopted Standards of the Washington State
Supreme Court.
5. CONTRACT WARRANTY. The Public Defender, Conflict Counsel and every
attorney providing indigent defense services by contract with the City shall warrant that he/she
has:
5.1 Read the Wilbur vs. City of Mount Vernon (December 2013) decision and
will provide services in accord with its provisions; and
5.2 Ensured that the compensation provided is sufficient to provide adequate
training, administrative and staff services, and infrastructure required by these Standards,
Court Rule and the State and Federal Constitutions.
6. TERMINATION AND REMOVAL. Termination of the contract, other than by
mutual agreement or expiration of its term, shall occur only for "good cause." Good cause shall
include the failure of the contract Public Defender to render adequate representation to clients,
the willful disregard of the rights and best interests of the client, and/or the willful disregard of
these Standards. Termination may also occur for violation of the express terms of the contract,
provided, however, that the Public Defender shall be provided reasonable opportunity, following
notice, to cure any technical contract violations that do not impair the provision of quality
representation to the indigent client.
7. SUBCONTRACTORS, SUBSTITUTION, AND CONFLICT COUNSEL.
7.1 In the event of conflict or removal of the Public Defender, Conflict
Counsel approved by the City shall be available, either through a joint contract with the
Public Defender and Conflict Counsel, by separate contract between the City and
Conflict Counsel or by Court appointment. In the event that alternative or Conflict
Counsel is required to be assigned, the Public Defender shall bear no part of the costs
associated with the appointment of an alternative Conflict Counsel. The contract should
address the procedures for continuing representation of clients upon conclusion of the
agreement.
7.2 Conflict Counsel shall adhere to the Standards established by this
Resolution, including but not limited to, an evaluation of the overall case count annually
by Conflict Counsel under the procedures set forth in this agreement.
8. UPDATE AND EVALUATION. As the rules established by the Washington
State Supreme Court are applied and interpreted by the Courts and, when appropriate, the
Washington State Bar Association and other administrative agencies, the City states its intent to
review and modify these Standards.
Section 2. This Resolution shall take full force and effect as of January 1, 2015.
PASSED by the City Council of the City of Pasco, Washington, as its regular meeting
dated this day of 2015.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
AGENDA REPORT
FOR: City Council February 2, 2015
TO: David Zabell, City Manager Workshop Mtg.: 2/9/15
Rick White, Regular Mtg.: 2/17/15
Community & Economic Development Director l�
FROM: Angela R. Pitman, Block Grant AdministratotO
SUBJECT: HOME Consortium Agreement — Amendment No 1 for Kennewick Pasco and Richland
Program Years 2014-2016 (AGRMT2015-001)
I. REFERENCE(S):
A. HOME Consortium Agreement - Proposed Resolution
B. HOME Consortium Agreement - Amendment No. 1 to Cooperative Agreement of the Tri -
Cities HOME Consortium
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
2/9:
2/17: MOTION FOR CONSENT AGENDA: I move to approve Resolution No.
approving Amendment No. 1 to the HOME Cooperative Agreement between the Cities of
Pasco, Kennewick and Richland for Program Years 2014-2016.
M. FISCAL IMPACT:
Pasco's share of federal HOME funds in 2014 is $200,000 plus program income generated,
approximately $435,000 is expected be available over the next three years.
IV. HISTORY AND FACTS BRIEF:
V.
A. Pasco entered into a HOME consortium agreement with Richland and Kennewick in 1995,
making the city eligible for federal HOME funds. The populations of the individual cities
alone do not meet the U.S. Department of Housing and Urban Development (HUD)
minimum. By joining together in a consortium, funds are available to the three cities.
B. In June of 2013 the revised HOME Consortium Agreement and renewal for Tri -Cities
HOME Consortium for program years 2014-2015-2016 was approved by Council Resolution
3475.
A. Amendment No.1 to the Cooperative Agreement revises Sections 4 and 7 as follows:
a) Section 4 — Allocation of HOME funds. This revision incorporates changes previously
agreed upon by the member cities, such as limiting activities to down payment
assistance, distributing funds equally, shortening the deadline for expending funds to 24
months, and awarding a minimum of 15% or more to CHDO projects.
b) Section 7 Administrative Fees, adds two new sections:
i. Administrative Shortfalls, allocates administrative shortfalls equally among
members; members agree the 10% administrative funds generated by respective
members may be used toward the administrative shortfall by the Lead Entity.
ii. Negative Interest, permits reimbursement of negative interest to the Lead
Agency. In the event the negative interest occurs as the result of actions of a
particular member, that member will be fully responsible for reimbursement.
Negative interest not related to the actions of particular member would be
equally allocated to all members. Negative interest is not an administrative cost
and may not be reimbursed from federal funds.
B. Section 6, Term of the Cooperative Agreement, limits exposure to the city to the length of
time necessary to carry out all the activities that will be funded from funds awarded for
three federal fiscal years 2014, 2015, 2016. If funding ceases, the cooperative agreement
would continue only until awarded funds were fully expended.
C. The Cooperative Agreement is a separate instrument than the subrecipient agreements
Council has recently considered. HUD requires both instruments to be consistent.
3(d)
RESOLUTION NO. 3�
A RESOLUTION APPROVING AMENDMENT NO. 1 TO THE HOME
COOPERATIVE AGREEMENT FOR TRI -CITIES HOME CONSORTIUM OF
KENNEWICK, PASCO, AND RICHLAND UNDER THE NATIONAL AFFORDABLE
HOUSING ACT
WHEREAS, the Cities of Kennewick, Pasco and Richland entered into a cooperative
agreement to form a consortium to increase the local supply of decent affordable housing to low
income residents as authorized by Public Law 101-625, the National Affordable Housing Act of
1990 (NAHA); and
WHEREAS, the members of the Consortium desire to amend the cooperative agreement
to incorporate changes previously agreed upon to limit activities to down payment assistance, distribute
grant funds equally, shorten deadlines for expending funds, and permitting greater than the 15% minimum
set-aside be used for CHDO projects, and
WHEREAS, the members of the consortium desire to amend the cooperative agreement to
specify how Administrative Shortfalls and Negative Interest will be allocated, and
WHEREAS, the Tenn of the Cooperative Agreement, limits exposure to the members of the
consortium to the length of time necessary to cant' out all the activities that will be funded from funds
awarded for three federal fiscal years 2014, 2015, 2016; NOW THEREORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That the City Council approves Amendment No. 1 to the HOME Consortium
Cooperative Agreement with the Cities of Kennewick and Richland and authorizes the City
Manager to sign the agreement.
PASSED by the City Council of the City of Pasco this day of February, 2015.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
After recording please return to:
City of Richland, Housing and Redevelopment
Attn: Michelle Burden
P.O. Box 190 MS 19
Richland, WA 99352
AMENDMENT #1 TO
COOPERATIVE AGREEMENT
THE TRI -CITIES HOME CONSORTIUM
FORMED UNDER THE
NATIONAL AFFORDABLE HOUSING ACT
PROGRAM YEAR 2014-2015-2016
This Amendment is entered into between the Cities of Kennewick, Pasco, and Richland,
municipal corporations of the State of Washington (Members), for the purpose of amending the
Cooperative Agreement of the Tri -Cities HOME Consortium originally formed in 1996 under the
HOME Investments Partnership (HOME) Program and restated in a replacement agreement
executed in 2013. This Amendment will become effective upon execution by the parties and
approval by the U.S. Department of Housing and Urban Development (HUD).
The following sections of the Cooperative Agreement executed in 2013 are hereby amended as
follows:
SECTION 4: PROGRAM ADMINISTRATION
Allocation of HOME Funds. HOME funds will be allocated between the Members
in the following manner:
(omitted; remains as written)
ii. Fifteen percent (15%) or more of the overall allocation will remain with the
Lead Entity to be utilized for CHDO Set -Aside activities. CHDO projects will
be identified by Consortium Members as described in Section 4.f below.
iii. The remaining balance of the overall allocation shall be invested in down
payment assistance. These funds shall be divided equally among Members.
Each member is entitled to plan for the expenditure of funds in an amount
equal to their share of the HOME grant award, as is determined during each
fiscal year of this Agreement and identified in the Annual Action Plan. If
desired and applicable, the Cities of Kennewick and Pasco may serve as
Subrecipient Administrators to the Lead Entity to oversee investment of their
respective portion of HOME funds in down payment assistance.
e. Funding Timelines. Any HOME funds set aside for a Member and not committed
to a project within 18 months, or expended within 24 months of the award of HOME
funds to the Tri -Cities HOME Consortium, will be made available to other projects
across the Consortium. Reallocation will be executed by the Lead Entity with
written notification of affected member(s). Members are aware that if funds are not
committed and expended according to effective HUD deadlines, that HUD will
recapture the funds. Such a recapture will reduce the availability of funds for that
individual member by the amount determined by HUD to be in non-compliance.
f. CHDO Set Aside. Fifteen percent (15%) or more of the overall allocation will
remain with the Lead Entity to be utilized for CHDO Set -Aside activities. Members
will work together to identify CHDO projects, and funding will be based primarily
on community impact, developer capacity, project feasibility, and readiness to
proceed. Members will aim to rotate the location of CHDO projects when possible.
After Members identify CHDO project(s), the Lead Entity will perform required
administrative duties to assess, approve, and fund projects.
SECTION 7: ADMINISTRATIVE FEES
The HOME Consortium will retain ten (10) percent of the grant or the maximum allowed
by the program regulations for administration and management of the HOME program.
The Lead Entity will oversee an annual process to budget administrative fees. Only costs
associated with the management and administration of the HOME program may be
charged against HOME administrative allocations. Program income generated by other
member programs will not be included in the 10% calculation unless agreed upon by the
respective Member.
a. Administrative Shortfalls. Administrative shortfalls by the Lead Entity shall
be addressed annually. Member Cities shall agree to split such shortfalls
equally. Members may agree to utilize the 10% administrative funds generated
by their program income to use toward administrative shortfalls experienced by
the Lead Entity.
b. Negative Interest. In the event that negative interest occurs as a result of the
action(s) of a particular Member, then that Member is fully responsible for
reimbursing the Lead Entity; PROVIDED, however, that if negative interest
occurs that is not directly related to a single Member's actions, then each
Member shall equally share in the cost of the negative interest. Note that
negative interest earnings cannot be claimed as an administrative cost and
must be reimbursed from non-federal funds.
All other terms and conditions of the Cooperative Agreement executed in 2013 not
specifically referenced in this Amendment remain unchanged and in full force and effect.
[Signature Page to Follow]
COOPERATIVE AGREEMENT - THE TRI -CITIES HOME CONSORTIUM
AMENDMENT #1 SIGNATURE PAGE
Marie E. Mosley, City Kennewick
City of Kennewick
Dave Zabell, City Manager
City of Pasco
Cynthia D. Johnson, City Manager
City of Richland
APPROVED AS TO FORM:
Heather Kintzley, City Attorney
City of Richland
APPROVED AS TO FORM:
Lee B. Kerr, City Attorney
City of Pasco
Date
Date
Date
APPROVED AS TO FORM:
Lisa Beaton, City Attorney
City of Kennewick
AGENDA REPORT NO.2
FOR: City CouncilFebruary 6, 2015
TO: Dave Zabel,, City Manager
Ahmad Qayoumi, P.E., Public Works Director
,,,``11 Workshop Mtg.: 2/9/15
FROM: Kent McCue, Interim Engineering Manager �" Regular Mtg.: 2/17/15
SUBJECT: Process Water Reuse Facility D02E Floating Aerator Declaration of Sole Source
I. REFERENCE(S):
1. Process Water Reuse Facility D02E Floating Aerator - Proposed Resolution
2. Process Water Reuse Facility D02E Floating Aerator - Price Quote
3. Process Water Reuse Facility D02E Floating Aerator — Memo
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
02/09: Discussion
02/17: MOTION: I move to approve Resolution No. �l I , waiving competitive
bidding requirements and approving the purchase of the Titus Industrial
Group, Inc., D02E Floating Aerator, and approving install of the
equipment.
III. FISCAL IMPACT:
Process Water Reuse Facility Fund.
IV. HISTORY AND FACTS BRIEF:
A) The Public Works Department Plant Operation Division is requesting the installation of a Titus
Industrial Group, Inc., D02E Floating Aerator at the Process Water Reuse Facility (PWRF).
An aerator is used in wastewater treatment to introduce air into the wastewater as a way to
break down organic matter. The aerator provides oxygen transfer, mixing sludge reduction, and
reduction in odors.
B) As part of Phase III of the PWRF Improvements to remove BOD (Biochemical Oxygen
Demand) staff researched extensively types of aerators that are available on the market that
would provide low cost and low maintenance aerations to remove BOD as part of cleaning the
wastewater.
C) Staff selected two types of aerators to be tested. One of the available aerators was from Titus
Industrial Group, Inc.
D) For a period of six weeks, Titus Industrial Group, Inc. provided a demo aerator. Staff was very
impressed with its performance and the ease of operation with its "plug and play" technology.
E) Staff was not able to test the other type of aerator. It required more of an extensive set up (i.e.
heavy duty blower).
F) Staff have been experiencing solids in the process water received at the PWRF that are causing
pipes to become blocked which could potentially lead to the pond overflowing. The addition of
an aerator to the process will suspend solids thereby reducing the blockages of the piping
system.
V. DISCUSSION:
A) The need exists not only for an aerator but one that can be easily moved throughout the pond
and to other ponds as the needed.
B) The Titus Industrial Group, Inc., D02E Floating Aerator is a high volume floating aeration
system. The D02E is a patented mixer/aerator with no moving parts located in the water and is
100% air driven by low pressure, high volume regenerative air pumps. Titus Industrial Group,
Inc. is the only manufacturer that sells this product and has the patent.
C) The D02E Floating Aerator is ideal for use at the PWRF compared to other available aeration
systems. The Titus Industrial Group, Inc., D02E Floating Aerator is a floating unit that is
connected to a blower that is located on the banks of the pond. Other aeration systems and their
blowers rest on the bottom of a pond. The majority of maintenance on an aerator is performed
on the blower system. With the D02E Floating Aerator's blower system located on land, this
reduces a potential safety hazard compared to other aeration systems where the aerator and its
blower must be pulled to the surface to perform the maintenance, all while the operator is
3(e)
located in a boat. Staff researched the alternatives currently being used by other municipalities
and concluded that this was the best fit for the PWRF application and its existing infrastructure.
D) With the blower system of the D02E Floating Aerator being located on land, the need for high
voltage power lines to be run throughout the pond is eliminated compared to other aeration
systems.. The facility is already pre -wired for this proposed aeration system.
E) Other aeration systems require extensive additions and modifications to existing infrastructure.
This requires draining the pond and puncturing the HDPE liner. It also restricts where the
aerator can be moved to. If the operators would like to move the aerator to another section of
the pond, another structure or concrete pad would need to be installed. The D02E Floating
Aerator being a floating unit, it can easily be disconnected from the bank of the pond and
floated to another section of the pond and quickly reactivated.
RESOLUTION NO. 3 � 12
A RESOLUTION WAIVING COMPETITIVE BIDDING REQUIREMENTS FOR THE
PURCHASE OF A TITUS INDUSTRIAL GROUP, INC., D02E FLOATING AERATOR AT THE
PROCESS WATER REUSE FACILITY, AND APPROVING INSTALLATION OF THE EQUIPMENT.
WHEREAS, Plant Division staff have been experiencing solids in the process water received at
the PWRF that are causing pipes to become blocked which could potentially lead to the pond
overflowing. An aerator will help keep the solids suspended, reducing the pipe from becoming blocked,
and
WHEREAS, Plant Division Staff are in need or an aerator that is safe to operate and can be
moved easily within a pond and that is able to be relocated to other ponds, and
WHEREAS, pursuant to RCW 39.04.280 Titus Industrial Group, Inc., is the sole source of the
D02E Floating Aerator; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City
Council does hereby declare that the purchase of Titus Industrial Group, Inc., D02E Floating Aerator is
clearly and legitimately limited to a single source of supply, and that the sole source of supply is Titus
Industrial Group, Inc., and
BE IT FURTHER RESOLVED, that the competitive bidding requirements for the City of
Pasco are hereby waived and the Pasco Public Works Department is authorized to purchase a D02E
Floating Aerator from Titus Industrial Group, Inc. for the sum of $
PASSED by the City Council of the City of Pasco this 17th day of February, 2015.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Ken
City Attorney
Titus Industrial Group, Inc.
1450 NW Gardner Road
Prineville97754
Phone., 541-389-1975
Fax:541-389-2911
Name / Address
City of Pasco
PO Box 293
Pasco, WA 99301
D02E Estimate
Date
Estimate #
1/26/2015
10377
Page 1
FOB
Terms
Rep
Freight
Prineville OR
Custom
LT
Prepay and Add
Item
Description
Qty
U/M
Rate
Total
88.20SFAA460TP
High Volume Double Flow Aerator
1
Unit
58,756.80
58,756.80T
Heavy Duty Industrial grade Lockable Enclosure
20 Hp Regenerative Blower
Prewired 480 volt 3 phase @ 60 Hz
Built in Air filter Assembly
Motor Starter
Power Lock -out
Cooling In
Preset Pressure Relief Valve
100 Ft. of 6 inch extreme weather air feed hose
with aluminum Cam -lock fittings
1 Support Floats for 6 -inch air feed hose
Please allow a 6 to 8 week lead time
Lifting Device
Aerator Stainless Steel Lifting Device
I
ea
2,500.00
2,500.00T
Horizontal Inlet
Optional HDPE Horizontal Inlet for Double Flow
1
ea
2,500.00
2,500.00T
Aerator
Lining protection when operating the aerator in
water levels below 6 feet.
Freight Expense
Freight Expense Estimate to Pasco, WA 99301
1
895.00
895.00T
If Construction Site Delivery or Call Prior to
Delivery is Required Additional Charges will
Accrue
Subtotal
Sales Tax (8.6%)
Total
Page 1
Titus Industrial Group, Inc.
1450 NW Gardner Road
Prineville, OR 97754
Phone. 541-389-1975
Fax:541-389-2911
Name/Address
City of Pasco
PO Box 293
Pasco, WA 99301
D02E Estimate
Date
Estimate #
1/26/2015
10377
FOB
Terms
Rep
Freight
Prineville OR
Custom
LT
Prepay and Add
Item
Description
Qty
U/M
Rate
Total
* Payment Terms for purchasing Directly From
Titus Industrial Group, Inc. 50% Deposit Due at
onset of Purchase Order Balance Due at Delivery
* Customer Responsible for Installation Costs
**TituslG will provide the City of Pasco a
"loaner" unit, the single flow demonstration
aerator that we previously provided when it
becomes available by middle of February at no
additional cost for use until their order is fulfilled.
Anticipated delivery date of the demo unit yet to
be deternvned.
* Quote Valid 30 days
Customer is Responsiblefar.
Subtotal $64,651.80
1. Any and all applicable Freight Taxes, and Tariffs
2. Providing Electrical Connections from blower to Power Supply
3. Lifting devices and equipment if required for installation.
Sales Tax (8.6%) $5,560.05
4. Any and all Installation
5. Depoosit May be Required
Shipping is Additional. If freight cost is quoted, please note that they are only an estimate
Total $70,211.85
and may van,/ depending on quantity shipped and carrier/services selected.
Memo
Public Works Department
To: Dave Zabell, City Manager
Ahmad Qayoumi, P. E., Public Works Director
,�^
From: Kent McCue, Interim Engineering Manager 444
Date: February 4, 2014
Re: Process Water Reuse Facility DO2E Floating Aerator—Sole Source
Introduction. The Public Works Department Plant Operation Division is requesting the installation of
an aerator and associated blower for providing aeration and mixing of the process water in the 5
million gallon equalization basin at the Process Water Reuse Facility (PWRF). (An aerator is used in
wastewater treatment to introduce air into the wastewater as a way to break down organic matter.
The aerator provides oxygen transfer, mixing sludge reduction, and reduction in odors). Plant
Division staff have been experiencing solids in the process water received at the PWRF that are
causing pipes to become blocked which could potentially lead to the pond overflowing. An aerator will
help keep the solids suspended, reducing the pipe from becoming blocked. Staff has determined
that it is necessary to purchase an aerator for the PWRF.
Evaluation. Staff have been experiencing solids in the process water received at the PWRF that are
causing pipes to become blocked which could potentially lead to the pond overflowing.
Staff have a high need for not only an aerator but one that is able to be easily moved throughout the
pond and one that can be moved to other ponds as the need calls for it.
The Titus Industrial Group, Inc., DO2E Floating Aerator is a high volume floating aeration system.
The DO2E is a patented mixer/aerator with no moving parts located in the water and is 100% air
driven by low pressure, high volume regenerative air pumps.
The DO2E Floating Aerator is ideal for use at the PWRF compared to other aeration systems as it is
a floating unit that is hooked to a blower that is located on the banks of the pond. Other aeration
systems and their blowers rest on the bottom of a pond. The majority of maintenance on an aerator
is performed on the blower system. With the DO2E Floating Aerator's blower system located on
land, this reduces a potential safety hazard compared to other aeration systems where the aerator
and its blower must be pulled to the surface to perform the maintenance, all while the operator is
located in a boat.
With the blower system of the DO2E Floating Aerator being located on land, the need for high
voltage power lines to be run throughout the pond is eliminated compared to other aeration systems.
0 Page 1
Other aeration systems require concrete pads or structures to be built and placed into the pond for
the aerator to be placed on. This requires draining the pond and puncturing the HDPE liner. It also
restricts where the aerator can be moved to. If the operators would like to move the aerator to
another section of the pond, another structure or concrete pad would need to be installed. With the
DO2E Floating Aerator being a floating unit, it can easily be untied from the bank of the pond and
floated to another section of the pond. In the event the operators see the need for the aerator to be
moved to another pond, the aerator can be lifted from the current pond by crane and moved to the
other pond.
Finally, Titus Industrial Group, Inc., had provided a model of their DO2E Floating Aerator for testing at
the PWRF and the aerator has proven to work well.
Responses to the Sole Source Worksheet questions. The following are responses to the Sole
Source Worksheet developed by the City Attorney for the purposes of ensuring that a reasonable
and rationale evaluation is conducted in accordance to WA State Law for these types of purchases.
1. Please describe the items and its function:
The aerators at the Reuse Facility are used for mixing and aerating the process wastewater
contained in the ponds for ultimate disposal on irrigation circles.
The Titus, high volume double flow aerator is a patented floating aeration system that is a
mixer/aerator with no moving parts (not considering the land based blower) and is 100% air
driven by low pressure, high volume regenerative air pumps. This aerator uses a
combination of fine air bubbles creating a Venturi effect (bubbles rising through a confined
space pushing water) where oxygen is maximized for both transfer and water velocity mixing.
This aerator will also include a heavy duty industrial grade lockable enclosure, 20 HP
regenerative blower pre -wired 480 Volt 3 phase at 60 Hz, built-in air filter assembly, motor
starter, power lock -out, cooling fan, preset pressure relief valve, 100 feet of 6 -inch extreme
weather air feed hose with aluminum cam -lock fittings, 1 support float for 6 -inch air feed hose,
and shipping.
2. This is a sole source because:
(a) sole provider of a licensed or patented good or service
(b) Sole provider of goods or services that will meet the specialized needs of the City or
perform the intended function.
0 Page 2
3. What necessary features does this vendor provide which are not available from other
vendors?
Titus Industrial Group, Inc., is able to provide, which is not available from other vendors, the
patented DO2E Floating Aerator. The DO2E Floating Aerator offers the following features:
• An energy cost saving of approximately 40% compared to other aerators.
• The capability of being easily moving to different locations within the pond and can even
be moved to other ponds. These aerators float in the pond and are hooked to the shore.
This compares to other models requiring a structure or concrete pad in the water that
they are hooked to. The Titus aerators can be moved within the pond from the land by
unhooking the unit and pulling to another location within the pond. Other aerators require
the operators to be in a boat to unhook and move the units.
• Offers a safety advantage compared to other aerators due to minimal amount of
maintenance needed, especially maintenance over water.
• Offers a safety advantage compared to other aerators due to no moving parts on the
equipment located in the water.
• Offers a safety advantage compared to other aerators due to blowers being land-based;
thus eliminating the need for high voltage transmission lines placed in the water.
• A model of the aerator was provided for demonstration that worked well.
4. What steps were taken to verify that these features are not available elsewhere?
Other brands/manufacturers were examined and/or contacted.
(a) Aqua Aerators were previously used, but cannot meet standards needed now
because they:
• Require a concrete pad to sit on which we do not currently have and would
not want to build one until we were sure of the location of the aerator.
• Will operate at 6.5 feet, verses 5 feet with Titus Aerator.
• Aqua Aerators uses a 50 Hp motor versus a 20 Hp motor used for the Titus
Aerator thus being less energy efficient.
(b) Triple Point Water Technologies- Contact is Braden O'Leary 630-208-0720
• These aerators require a concrete pad to sit on which we do not currently
have and would not want to build one until we were sure of the location of the
aerator. This also restricts the ability of the aerator to be moved to other
locations within the pond or to other ponds.
• Operate at the bottom of the pond requiring operators to pull the equipment to
the surface from a boat in order to perform maintenance.
Recommendation. Staff recommends that the City of Pasco sole source the purchase of a Titus
Industrial Group, Inc., DO2E Floating Aerator for the PWRF.
0 Page 3
AGENDA REPORT
FOR: City Council February 10, 2015
TO: Dave Zabell, City Manage Regular Meeting.: 2/17/15
Rick White,
Community & Economic Development Director
FROM: Shane O'Neill, Planner I
SUBJECT: STREET VACATION (MF# VAC 2015-003) Kurtzman Alley Vacation Plan
I. REFERENCE(S):
1. Kurtzman Alley Vacation - Overview Map
2. Kurtzman Alley Vacation - Vicinity Map
3. Kurtzman Alley Vacation - Proposed Resolution
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
2/17: MOTION: I move to approve Resolution No.,3&iE setting 7:00
P.M., Monday, March 16, 2015, as the time and date to
conduct a public hearing to consider vacating alleys in
Kurtzman's Addition.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. The Kurtzman's First Addition and Acre Park Addition neighborhoods were
platted in the early 1900's with 20 foot wide alleys, many of which were never
improved to provide access to the rear of properties. Many years ago portions of
the alleys north of Alton Street were vacated, leaving behind 10 foot wide alleys.
To address the issue of illegal refuse dumping Staff has developed a plan to
vacate some of the neighborhood alleys.
B. In June, 2014 the Planning Commission reviewed Staff s proposal to initiate the
planning process for the area -wide vacation plan. The Planning Commission
supported the Plans' intent and recommended staff proceed with the necessary
planning efforts.
C. Staff has conducted two neighborhood meetings whereby affected property
owners were directly notified. Comments received during the meetings together
with phone conversations with property owners indicated general support of the
plan to vacate certain alleys.
D. State law requires the City Council to fix a public hearing to consider the vacation
request providing the statutory 20 -day hearing notice. Staff requests City Council
hold a public hearing on March 16, 2015 to provide time to discuss the item
during the March 9, 2015 Workshop Meeting.
3(f)
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Overview Item: Kurtzman Alley Vacation Plan
Map Applicant: City of Pasco �
File #:VAC 2015-003
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ViCirli , Item: Kurtzman Alley Vacation Plan
Map Applicant: City of Pasco x
File #:VAC 2015-003
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RESOLUTION NO.
A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC
HEARING TO CONSIDER VACATING ALLEYS IN BLOCKS 1, 2 AND 3 OF
ACRE PARK ADDITION & IN BLOCKS 3, 5 AND 12 OF KURTZMAN'S
FIRST ADDITION
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate rights-of-way; and
WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by
Resolution, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That a public hearing to consider vacating north/south alleys in Blocks 1,2 & 3 Acre Park
Addition and Blocks 3, 5 & 12 Kurtzman's First Addition will be held before the City Council of
the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington, at the
hour of 7:00 p.m., on March 16, 2015. That the City Clerk of the City of Pasco give notice of
said public hearing as required by law.
Passed by the City Council of the City of Pasco this 17th day of February, 2015.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
Exhibit Item: Kurtzman Alley Vacation Plan
f i r Applicant: City of Pasco N
File #:VAC 2015-003
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AGENDA REPORT
FOR: City Council February 10, 2015
TO: Dave Zabell, City Manager Regular Mtg.: 2/17/15
Rick White, �...f
Community & Economic Development Director V
FROM: David I. McDonald, City Planner
SUBJECT: EASEMENT VACATION (MF# VAC 2015-004) Lots 7 Columbia East # 2
I. REFERENCE(S):
1. Easement Vacation, Lot 7, Columbia East # 2 - Overview Map
2. Easement Vacation, Lot 7, Columbia East # 2 - Vicinity Map
3. Easement Vacation, Lot 7, Columbia East # 2 - Proposed Resolution
4. Easement Vacation, Lot 7, Columbia East # 2 - Petition
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
�.J
2/17: MOTION: I move to approve Resolution No. ;�O, setting 7:00
P.M., Monday, March 16, 2015, as the time and date to
conduct a public hearing to consider vacating the utility
easement through Lot 7, Columbia East # 2.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. Late last year the owner of Jim's Pacific Garage applied for a building permit to
construct a large three sided shed on his property at 2708 North Commercial
Avenue. During the plan review process it was learned the property was
encumbered by two utility easements. One easement ran through the main Pacific
Garage building and the other easement was located along the western and
southern edges of the property and prohibited the issuance of a permit for the new
building. On February 2, 2015 the easement through the garage building was
vacated by the Council.
B. The second easement along the outer edges of the property could not be vacated
without a replacement easement being provided. The owner has now provided a
replacement easement and has applied for the vacation of the easement
prohibiting his building project. The replacement easement will be present to the
Council at the March 16, 2015 meeting to be accepted in conjunction with the
vacation of the easement along the outer edges of Lot 7.
C. The owner of Jim's Pacific Garage has submitted the necessary petition to initiate
the vacation process for the easement holding back the construction project.
D. The petition requires the City Council to fix a public hearing to consider the
vacation request. The earliest regular City Council meeting available for a public
hearing, which provides the statutory 20 -day hearing notice, is March 16, 2015.
3(g)
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RESOLUTION NO. ,Pav
A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC
HEARING TO CONSIDER VACATING THE UTILITY EASEMENT ON LOT
7, COLUMBIA EAST # 2.
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate easements and rights-of-way; and
WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by
Resolution, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That a public hearing to consider vacating the utility easement on Lot 7, Columbia East #
2, will be held before the City Council of the City of Pasco in the Council Chambers at 525 N.
Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on March 16, 2015. That the City
Clerk of the City of Pasco give notice of said public hearing as required by law.
Passed by the City Council of the City of Pasco this 17`h day of February, 2015.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
CITY OF laSCO
STREET/ALLEY VACATION PETITION
FEE $200
L MASTER FILE #A� , 2015 DATE SUBMITTED: .Z X01
I, we the undersigned, owners of two-thirds of the privately owned abutting
property hereby petition the City Council of the City of Pasco to vacate the
following described street/alley rights-of-way:
APPLICANT: PROPERTY OWNED (Legal Description)
Print Name: Jk tj t-:3 L 1410 A, L?
Sign Name:
Address: g E bS w. 17 p A u a T ).)AS c o t�
Phone # J -O7 -s -44-j'113 Date 2 -GEIS
Print Name:
Sign Name --/—: m,'_ 1 ! 16t;21;/
Date �^
Print Name:
Sign Name:
Date
AGENDA REPORT
FOR: City Council - January 28, 2015
TO: Dave Zabell, City Manage Workshop Mtg.:2/9/15
Regular Mtg.: 2/17/15
FROM: Rick Terway, Director, Adminis e & Community Services
SUBJECT: Recreation Facility Rental Fee Authority
I. REFERENCE(S):
1. Recreation Facility Rental — Proposed Ordinance
Il. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
2/9: Discussion
2/17: MOTION: I move to adopt Ordinance No. amending PMC 3.07.040,
Recreation Facility Rental, and further, authorize publication by summary only.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
A) Fees for recreation facilities have historically been established by Ordinance or
Resolution, which lacks the flexibility necessary to modify fees necessitated by
changing costs and conditions.
B) Fees may be more economically and efficiently established by the City Manager
or designee, based upon an established criteria which is list in the attached
ordinance.
C) Clearer administrative authorization for the establishment of the fees and their
criteria for determination are beneficial to the citizens as rates can be adjusted
more quickly and efficiently. New or unique uses of facilities can also be
undertaken with the flexibility to change fees according to the needs of the
program or event.
V. DISCUSSION:
A) Staff proposes the City Manager or designee have the authority to set recreation
facility rental fees and charges based on operational and maintenance costs, fees
charged by nearby jurisdictions and recreation market trends.
B) Staff recommends approval of the proposed Ordinance.
8(a)
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington
Amending PMC 3.07.040 "Recreation Facility Rental"
WHEREAS, fees for the City recreation facilities have historically been established by
Ordinance and/or Resolution which lack the flexibility necessary to modify fees necessitated by
changing costs and conditions. Such fees may be more economically and efficiently established
by the City Manager, or designee, based upon an established criteria; and
WHEREAS, clearer administrative authorization for the establishment of recreation
facility fees and their criteria for determination is beneficial to both the citizens and the
administration of the City of Pasco; and
WHEREAS, it is in the best interest of the City that facility rental fees and charges be set
by the City Manager or designee; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 3.07.040 of the Pasco Municipal Code entitled "Recreation
Facility Rental' shall be and hereby is amended and shall read as follows:
3.07.040 RECREATION FACILITY RENTAL. The City reefeation foeikfies,
inchiding Manager, or designee, is hereby authorized to set the rental fees and charges for pools,
buildings, rooms, parks, fields and shelters, available for rental to the public shall be estAlished
amended based upon:
A) The operational and maintenance costs and demands for such facility
B) The fees and charges for similar facilities charged by other nearby jurisdictions•
C) Recreation market trends: and
D) Facilities rental rates shall be reviewed annually by the City Council
Section 2. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this _ day of 2015.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
AGENDA REPORT NO.5
FOR: City Council February 11, 2015
TO: Dave Zabell, City Manager
Ahmad Qayoumi, Public Work irector
FROM: Kent McCue, Construction Manager 4M Regular Mtg.: 2/17/15
SUBJECT: Bid Award: 2015 Crack Seal, Project #M3 -OV -3R-15-02
I. REFERENCE(S):
1. 2015 Crack Seal - Vicinity Map
2. 2015 Crack Seal - Bid Summary
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
02/17: MOTION: I move to award the low bid for the 2015 Crack Seal project, to
include the base bid and Alternates A - F, to Stripe Rite, Inc. in the
amount of $112,670.00, and further, authorize the City Manager to
execute the contract documents.
III. FISCAL IMPACT:
Amount: $112,670.00
Source: Overlay Fund
IV. HISTORY AND FACTS BRIEF:
A) As part of the City's pavement management program, the City utilizes a number of best
management practices to extend the life of the roadway. One of the methods includes
crack sealing, which prevents water seepage into the asphalt through cracks. This
method has proven itself in extending asphalt life, and the City will continue this
practice as part of the program.
B) The project involves cleaning, preparing and sealing cracks in the asphalt pavement on
various streets throughout the City as shown on the attached map.
C) The budgeted amount for the crack sealing is $200,000.
D) The project was advertised on January 25, 2015 with the bid opening held on February
10, 2015.
V. DISCUSSION:
A) On February 10, 2015, the City received five (5) bids for the project. The low bid was
received from Stripe Rite, hzc. in the amount of $112,670.00. The second low bid was
from BCV, LLC in the amount of $112,800.00. The Engineer's Estimate is
$149,500.00. Staff believes the favorable prices for the project were due in -part to the
recent decrease in oil prices.
B) Staff has reviewed the bid submittal and found no exceptions or irregularities.
C) Staff recommends award of the contract to Stripe Rite, Ina in the amount of
$112,670.00.
10(a)
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City of Pasco
2015 Crack Seal
Project No. M3 -OV -3R-15-02
February 10, 2015
BID SUMMARY
Total
Engineer's Estimate $1499500.00
1. Stripe Rite $112,670.00
2. BCV $112,800.00
3. Evergreen Asphalt $134,110.00
4. Pavement Surface Control $136,385.00
5. CR Contracting $157,700.00
AGENDA REPORT NO.4
FOR: City Council Ror
j February 9, 2015
TO: Dave Zabell, City ManagAhmad Qayoumi, Public ss Director
FROM: Kent McCue, Construction Manager Regular Mtg.: 2/17/15
SUBJECT: Bid Award: Richardson Park Pool Demolition, Project #C5 -PK -8A-15-11
I. REFERENCE(S):
1. Richardson Park Pool Demo - Vicinity Map
2. Richardson Park Pool Demo - Bid Summary
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
02/17: MOTION: I move to award the low bid for the Richardson Park Pool Demolition
project to Big D's Construction of Tri -Cities, Inc. in the amount of
$84,739.49, and further, authorize the City Manager to execute the
contract documents.
III. FISCAL IMPACT:
Amount: $84,739.49
Source: Community Development Block Grant
IV. HISTORY AND FACTS BRIEF:
A) This project implements the Council adopted 2015 Capital Improvement Plan.
B) The project involves demolition of an existing pool, pool building and associated
appurtenances, installation of a basketball court, improvement of the existing irrigation
system, and restoration of disturbed areas.
C) The project was advertised on January 18 and January 25, 2015 with a bid opening held
on February 5, 2015.
V. DISCUSSION:
A) On February 3, 2015, the City received six (6) bids for the project. The low bid was
received from Big D's Construction of Tri -Cities, Inc. in the amount of $84,739.49.
Second low bid was from Ray Poland & Sons in the amount of $111,632.66. The
Engineer's Estimate is $132,041.31.
B) The low bid is $47,301.82 lower than the Engineer's Estimate. We believe the low bid
is attributed by good bidding climate (typically January to the end of March) and the
contractor is already mobilized on other projects in the City.
C) Staff has reviewed the bid submittal and found no exceptions or irregularities.
D) Staff recommends award of the contract to Big D's Construction of Tri -Cities, Inc. in
the amount of $84,739.49.
10(b)
City of Pasco
Richardson Park Pool Demolition
Project No. C5 -PK -8A-15-11
February 5, 2015
BID SUMMARY
Total
Engineer's Estimate $132,041.31
1. Big D's Construction $84,739.49
2. Ray Poland & Sons $111,632.66
3. LCR Construction $140,511.02
4. Moreno & Nelson $141,423.22
5. Anderson Environmental $153,985.92
6. Bauder Excavating $155,797.29
AGENDA REPORT NO.3
FOR: City Council February 9, 2015
TO: Dave Zabell, City Manager
Abroad Qayoumi, Public Works Director
FROM: Kent McCue, Construction Manager Regular Mtg.: 2/17/15
SUBJECT: Bid Award: Memorial Park Upgrades, Project #C5 -PK -8R-14-01
I. REFERENCE(S):
1. Memorial Park Upgrades - Vicinity Map
2. Memorial Park Upgrades - Bid Summary
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
02/17: MOTION: I move to award the low bid for the Memorial Park Upgrades project,
to include the base bid and Alternates 1, 2 and 3, to Moreno &
Nelson Construction Corporation in the amount of $106,505.86, and
further, authorize the City Manager to execute the contract
documents.
III. FISCAL IMPACT:
Amount: $106,505.86
Source: Community Development Block Grant
IV. HISTORY AND FACTS BRIEF:
A) This project implements the Council adopted 2015 Capital Improvement Plan.
B) The project involves the demolition of three existing block walls at the picnic shelter,
temporary shoring as necessary to install new glulam beams and associated
appurtenances; installation of new asphalt paths in the park and an ADA ramp on
Northl4th Avenue at the bus station; and restoration of disturbed areas with hydro -seed
and grass sod.
C) The project was advertised on January 18 and January 25, 2015 with a bid opening held
on February 3, 2015.
V. DISCUSSION:
A) On February 3, 2015, the City received five (5) bids for the project. The low bid was
received from Nelson & Moreno Construction Corporation in the amount of
$106,505.86. Second low bid was from LCR Construction in the amount of
$112,433.25. The Engineer's Estimate is $88,772.90. The Engineer's Estimate was
accurate for the base bid. However, it did not account for mobilization for the three
pathway paving alternates. The contractors' bids incorporated expected mobilization
costs into the other bid items, accounting for the resulting cost increases.
B) Staff has reviewed the bid submittal and found no exceptions or irregularities.
C) Staff recommends award of the contract to Moreno & Nelson Construction Corporation
in the amount of $106,505.86.
10(c)
City of Pasco
Memorial Park Upgrades
Project No. C5 -PK -8R-14-01
February 3, 2015
BID SUMMARY
Total
Engineer's Estimate $88,772.90
1. Moreno & Nelson Construction $106,505.86
2. LCR Construction $112,433.25
3. Booth & Sons $1295202.18
4. KBEC $131,747.00
5. Industrial Constructors $157,603.04