D. Announcements, Appointments and Presentations: PUBLIC HEARINGS, CITIZEN COMMENTS & CORRESPONDENCE:

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1 CITY COUNCIL MEETING JANUARY 22, :00 P.M. AGENDA Location: Bonney Lake Justice & Municipal Center, 9002 Main Street East, Bonney Lake, Washington. I. CALL TO ORDER Mayor Neil Johnson, Jr. A. Flag Salute B. Roll Call: Mayor Neil Johnson, Jr., Deputy Mayor Randy McKibbin, Councilmember Terry Carter, Councilmember Justin Evans, Councilmember James Rackley, Councilmember Michelle Surdez, Councilmember Dan Swatman, and Councilmember Tom Watson. C. Agenda Modifications D. Announcements, Appointments and Presentations: II. PUBLIC HEARINGS, CITIZEN COMMENTS & CORRESPONDENCE: A. Public Hearing: None. B. Citizen Comments: Citizens are encouraged to attend and participate at all Council Meetings. You may address the Mayor and City Council on matters of City business, or over which the City has authority, for up to 5 minutes. Sign-up is not required. When recognized by the Mayor, please state your name and address for the official record. Designated representatives recognized by the chair who are speaking on behalf of a group may have a total of 10 minutes to speak. Each citizen is allowed to speak only once during Citizen Comments. C. Correspondence III. COUNCIL COMMITTEE REPORTS: A. Finance Committee B. Community Development Committee C. Public Safety Committee D. Other Reports Page 1 of 4 Agenda Packet p.1 of 159

2 IV. p. 5 CONSENT AGENDA: The items listed below may be acted upon by a single motion and second of the City Council. By simple request to the Chair, any Councilmember may remove items from the Consent Agenda for separate consideration after the adoption of the remainder of the Consent Agenda items. A. Approval of Corrected Minutes: December 04, 2018 City Council Special Meeting Minutes, December 04, 2018 City Council Workshop Minutes, and January 8, 2019 City Council Meeting. B. Approval of Accounts Payable and Utility Refund Checks/Vouchers: Accounts Payable check/vouchers #81159-#81198 and wire transfer # , in the amount of $678, Accounts Payable check/vouchers #81200-#81265 and wire transfers #81265, # , # , # , # , # , # , # and # , in the amount of $619, Accounts Payable check/vouchers #81266-#81376, in the amount of $16, Wire transfer # for P-Card transactions in the amount of $33, VOIDS: Check # Invoiced incorrect amount-reissuing, Check # Wrong Vendor-Reissuing, and Check # Wrong Vendor-Reissuing. p. 15 p. 41 p. 47 p. 57 p. 63 p. 73 C. AB19-07 Ordinance D An Ordinance of the City of Bonney Lake, Washington, amending Chapters 8.12, 8.20, and of the Bonney Lake Municipal Code and the corresponding portions of ordinance numbers 979, 988, 1007, 1108, 1380, and 1547 related to code enforcement and public nuisances. D. AB19-09 Ordinance D19-03 An Ordinance Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Amending Sections , And Of The Bonney Lake Municipal Code And The Corresponding Portions Of Ordinance Nos. 1193, 1506, And 1575 Relating To Restricted Parking. E. AB19-01 Resolution 2703 A Resolution Of The City Of Bonney Lake, Pierce County, Washington, Authorizing The Mayor Or City Administrator To Sign A Contract With The City Of Enumclaw For Guaranteed Jail Space. F. AB19-05 Resolution 2706 A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing The Emergency Purchase Of A Pump And Motor For Well #2 And A Pump For Well #6 At Tacoma Point Well Site From Holt Services, Inc. G. AB19-06 Resolution 2707 A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing The Mayor To Sign A Professional Services Agreement With John Rodabaugh As The Contract Prosecuting Attorney. H. AB19-10 Resolution 2708 A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing Award Of A Professional Services Agreement With KPG As Part Of The Sr 410 Sewer Bottleneck Phase 2 Project. Agenda Packet p.2 of 159 Page 2 of 4

3 City Council Agenda January 22, 2019 p. 89 I. AB19-11 Resolution 2709 A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing A Contract Awarding The Professional Services Agreement To KPG For Services To Complete Final Design Of The 24th Street-25th Street Watermain Replacement Project. p. 103 J. AB19-04 Motion A Motion Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, To Accept As Complete The 198 th Ave Pavement Preservation Project With Miles Resources. V. FINANCE COMMITTEE ISSUES: p. 115 A. AB19-02 Resolution 2704 A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing Supplemental Agreement No. 7 To Its Agreement With Parametrix For Fennel Creek Trail Segment 2 Design. p. 125 B. AB19-03 Resolution 2705 A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing A Limited Public Works Contract With Building Control Systems, Inc. For The Expansion Of The Building Card Access System At The Justice & Municipal Center. VI. COMMUNITY DEVELOPMENT COMMITTEE ISSUES: p. 143 A. AB19-13 Resolution 2710 A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing A Professional Services Agreement With RH2 Engineering To Update The Water System Plan To VII. PUBLIC SAFETY COMMITTEE ISSUES: p. 157 A. AB19-08 Ordinance D19-02 An Ordinance Of The City Of Bonney Lake, Pierce County, Washington, Amending Section Of The Bonney Lake Municipal Code And The Corresponding Portion Of Ordinance No Related To Parking Enforcement. VIII. FULL COUNCIL ISSUES: None. IX. EXECUTIVE/CLOSED SESSION: Pursuant to RCW (1)(i) to discuss with legal counsel litigation to which the City is a party and where such discussion is likely to result in an adverse legal or financial consequence to the City. Page 3 of 4 Agenda Packet p.3 of 159

4 Pursuant to RCW 42.30, the City Council may hold an executive or closed session. The topic(s) and duration will be announced prior to the session. X. ADJOURNMENT For citizens with disabilities requesting translators or adaptive equipment for communication purposes, the City requests notification as early as possible prior to the meeting regarding the type of service or equipment needed. THE COUNCIL MAY ADD AND TAKE ACTION ON OTHER ITEMS NOT LISTED ON THIS AGENDA Agenda Packet p.4 of 159 Page 4 of 4

5 CITY COUNCIL SPECIAL MEETING December 4, :00 P.M. MINUTES Location: Bonney Lake Justice & Municipal Center, 9002 Main Street East, Bonney Lake, Washington. A. CALL TO ORDER Mayor Neil Johnson Jr., called the Special Meeting to order at 5:01 p.m. In addition to Mayor Johnson, Jr., elected officials attending were Deputy Mayor Randy McKibbin, Councilmember Justin Evans, Councilmember Michelle Surdez, Councilmember Dan Swatman, and Councilmember Tom Watson. Councilmember Terry Carter arrived at 5:38 p.m. and Councilmember James Rackley arrived at 5:43 p.m. Staff members in attendance were City Administrator John Vodopich, Police Chief Bryan Jeter, Administrative Services Director/City Clerk Harwood Edvalson, Chief Financial Officer Cherie Gibson, Deputy City Clerk Sadie Schaneman, and City Attorney Kathleen Haggard. B. DISCUSSION: Final Budget. The City Council began with a discussion of the final proposed Budget. Mayor Johnson, Jr., City Administrator Vodopich, and Chief Financial Officer Gibson answered questions and explained why the budget differs from the budget. They explained where the numbers for revenues and expenses were coming from and the reason for them. Councilmembers voiced concerns over how the economy could affect the budget and the City not being financially stable to support city operations. Mayor Johnson, Jr., City Administrator Vodopich, and Chief Financial Officer Gibson explained the procedures for amending the budget and policies that may need to be revised or new policies made to help with the budget process in the future and will be started in Councilmember Surdez and Councilmember McKibbin expressed appreciation to the City of Bonney Lake Staff for all their hard work on the budget and discussed with the Council the decision cards they felt were important. Councilmember Watson thanked staff for being patient, answering his questions, and helping him understand the budget report. C. ADJOURNMENT: At the conclusion of the discussion, Mayor Johnson, Jr. adjourned the meeting at Page 1 of 2 Agenda Packet p.5 of 159

6 5:46 p.m. with common consent of the Council. Harwood Edvalson, City Clerk Neil Johnson, Jr., Mayor Items submitted at the December 4, 2018 Special Council Meeting: None Agenda Packet p.6 of 159 Page 2 of 2

7 CITY COUNCIL WORKSHOP December 4, :00 P.M. MINUTES Location: Bonney Lake Justice & Municipal Center, 9002 Main Street East, Bonney Lake, Washington. I. CALL TO ORDER: Mayor Neil Johnson Jr., called the workshop to order at 6:00 p.m. II. ROLL CALL: Administrative Services Director/City Clerk Harwood Edvalson called the roll. In addition to Mayor Johnson, Jr., elected officials attending were Deputy Mayor Randy McKibbin, Councilmember Terry Carter, Councilmember Justin Evans, Councilmember James Rackley, Councilmember Michelle Surdez, Councilmember Dan Swatman, and Councilmember Tom Watson. Staff members in attendance were City Administrator John Vodopich, Administrative Services Director/City Clerk Harwood Edvalson, Police Chief Bryan Jeter, Chief Financial Officer Cherie Gibson, Deputy City Clerk Sadie Schaneman, and City Attorney Kathleen Haggard. III. AGENDA ITEMS: A. Presentation: Administration of Oath of Office to Officer Molly Donahue. Judge Ronald Heslop administrated the Oath of Office to Officer Molly Donahue, a new police officer for the City of Bonney Lake. Mayor Johnson, Jr., called a ten minute recess at 6:03 p.m. for a celebration cake to welcome Officer Molly Donahue to the team. Mayor Johnson, Jr., reconvened the Council Workshop at 6:17 p.m. B. Presentation: Parks and Ballfield Survey. Amber Stanley addressed the Council regarding the parks and ballfield survey. Presented the results to a survey that volunteer participants had taken on recreation activities in the City. Ms. Stanley answered Council questions about the results and criteria for the survey. Council thanked Ms. Stanley for her presentation and hard work. C. Council Open Discussion: Bonney Lake Buckley Against Drugs (BLBAD). Councilmember Watson updated the Council that the BLBAD group has been aggressively helping with the panhandling situation in the community. The group had reached out to Councilmember Watson last week about an individual that had overdosed in a parking lot and had kids at home. The individual wanted some help. The BLBAD group and Councilmember Watson found resources that could help the individual move in the right direction. There will be a silent protest by the BLBAD group by the ARCO island in Bonney Lake with flyers and a bull horn. Channel 7 will be coming out to broadcast the protest on December 16, Page 1 of 3 Agenda Packet p.7 of 159

8 Bonney Lake Food Bank. Councilmember Evans informed Council about a concerned citizen that had ed about the Bonney Lake Food Bank conditions regarding animal control and cleanliness. Mayor Johnson, Jr., and City Administrator Vodopich discussed how the City has been in contact with the operator of the Food Bank to discuss the cleanliness and pest control with him. He is correcting the issues and is staying in communication with the City on issues that come up. Shoreline Master Plan Update. Councilmember Rackley discussed from a resident concerning the Shoreline Master Plan Update. Councilmember Rackley asked Council if they could explain what the concerns were. Councilmember Swatman explained that next year the Shoreline Master Plan is getting updated and land owners will need to comply with any changes. Council discussed some of the regulations on the Shoreline Master Plan. D. Review of Council Minutes: November 20, 2018 Workshop, and November 27, 2018 Council Meeting. Councilmember Watson said that he reviewed the minutes of November 20, 2018 Workshop and November 27, 2018 Council Meeting and had no corrections. The draft minutes were forwarded to the January 15, 2018 Meeting for approval. E. Discussion/Action: AB Ordinance D An Ordinance Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Adopting The Biennial Budget. Councilmember Watson moved to approve Ordinance D Councilmember Rackley seconded the motion. Mayor Johnson, Jr., thanked staff and Council on the hard work everyone did on the budget. The Council on, the whole, agreed the staff did a great job presenting a balanced budget. Motion approved 7-0. F. Reconsideration/Action: AB Ordinance 1604 Reconsidering AB Amending Ordinance Nos. 1471, 1527, 1559, And 1587 Relating to Salaries for Non-Represented Employees. Councilmember Watson moved to adopt Ordinance Councilmember Surdez seconded the motion. Council discussed some of the changes in titles, positions, and pay. Motion approved 7-0. G. Action: AB A Motion Of The City Council Cancelling The December 11, 18 And 25 Regular Council Meetings/Workshops And All Regular Standing Committee Meetings From December 5 th, 2018 January 2 nd, Agenda Packet p.8 of 159 Page 2 of 3

9 City Council Minutes December 4, 2018 Councilmember Swatman informed the Council that the Community Development Committee would like to continue meeting to finish up any business that are not currently finished. Councilmember Swatman moved to amend the proposed motion to A Motion Of The City Council Cancelling The December 11, 18 And 25 Regular Council Meetings/Workshops, All Public Safety Committee and Finance Committee Meetings, and the January 1, 2019 Council Workshop only. Councilmember Rackley seconded. Motion approved 7-0. Councilmember Swatman moved to adopt the amended motion as the new motion. Councilmember Watson seconded. Motion approved 7-0. IV. EXECUTIVE/CLOSED SESSION: None V. ADJOURNMENT: At 6:48 p.m. Mayor Johnson, Jr. adjourned the regular Council Meeting with the common consent of the City Council. Harwood Edvalson, City Clerk Neil Johnson, Jr., Mayor Items presented to Council at the December 4, 2018 Workshop: (1) Parks and Recreation Community Needs Assessment Survey Report PowerPoint- Amber Stanley. Note: Unless otherwise indicated, all documents submitted at City Council meetings and workshops are on file with the City Clerk. For detailed information on agenda items, please view the corresponding Agenda Packets, which are posted on the city website and on file with the City Clerk. Page 3 of 3 Agenda Packet p.9 of 159

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11 CITY COUNCIL MEETING January 8, :00 P.M. MINUTES Location: Bonney Lake Justice & Municipal Center, 9002 Main Street East, Bonney Lake, Washington. I. CALL TO ORDER Mayor Neil Johnson, Jr. called the Meeting to order at 6:00 p.m. A. Flag Salute: Mayor Johnson led the audience in the Pledge of Allegiance. B. Roll Call: Administrative Services Director/City Clerk Harwood Edvalson called the roll. In addition to Mayor Johnson, elected officials attending were Deputy Mayor Randy McKibbin, Councilmember Terry Carter, Councilmember Justin Evans, Councilmember James Rackley, Councilmember Michelle Surdez, Councilmember Dan Swatman, and Councilmember Tom Watson. Staff members in attendance were City Administrator John Vodopich, Police Chief Bryan Jeter, Administrative Services Director/City Clerk Harwood Edvalson, Chief Financial Officer Cherie Gibson, and City Attorney Kathleen Haggard. C. Agenda Modifications: None. D. Announcements, Appointments and Presentations: None. II. PUBLIC HEARINGS, CITIZEN COMMENTS & CORRESPONDENCE: A. Public Hearings: None. B. Citizen Comments: Steve Sjolund, Executive Director of Student Support Services for the Sumner- Bonney Lake School District, reported on the current activities of the district with respect to building improvements, Daffodil Queen, sports team successes and upcoming events. C. Correspondence: None. III. COUNCIL COMMITTEE REPORTS: A. Finance Committee: Deputy Mayor McKibbin reported the Committee met earlier in the afternoon and forwarded two resolutions to the next Council meeting Page 1 of 3 Agenda Packet p.11 of 159

12 related to the ongoing Fennel Creek Trail project and the proposed build out of the key card access system in the Justice & Municipal Center. B. Community Development Committee: Councilmember Swatman said the Committee last met on December 18 th and discussed the work plan for C. Public Safety Committee: Councilmember Evans said the Committee met at 3:30 p.m. this afternoon. The Fire District reported a three-fold increase in calls for service during the windstorm and outages. He said they will also have six new hires starting soon and the District is moving ahead with its capital facilities planning. Councilmember Evans said the Police Department reported their employees had received Narcan supplies and training. He also reported the Police Department will start the Citizen s Academy on February 11 th. Councilmember Evans said the next Committee meeting will be February 12 th at 3:30 p.m. D. Other Reports: None. IV. CONSENT AGENDA: A. Approval of Corrected Minutes: November 20, 2018 City Council Workshop Minutes and November 27, 2018 City Council Meeting Minutes. B. Approval of Accounts Payable and Utility Refund Checks/Vouchers: Accounts Payable check/vouchers #80953-#81061 and wire transfers # , # , # , # and # , in the amount of $1,855, Accounts Payable check/vouchers #81062-#81158 and wire transfers # , # , # , # , # , # , # , # , # , # , # , # and # in the amount of $453, Wire transfer # for P-Card transaction in the amount of $34, VOIDS: Check # Payment Stopped; Check # Printing Error- Reissued; Check # Lost-Reissued; Check # Wrong Vendor-Reissued C. Approval of Payroll: December 1st-15th 2018 for checks #34019-#34022 including Direct Deposits and Electronic Transfers is $605, December 16th-31st 2018 for checks #34023 #34030 including Direct Deposits and Electronic Transfers is $797, Councilmember Watson moved to approve the Consent Agenda. Councilmember Rackley seconded the motion. Consent Agenda approved 7-0. V. FINANCE COMMITTEE ISSUES: None. Agenda Packet p.12 of 159 Page 2 of 3

13 City Council Meeting Minutes January 8, 2019 VI. COMMUNITY DEVELOPMENT COMMITTEE ISSUES: None. VII. PUBLIC SAFETY COMMITTEE ISSUES: None. VIII. FULL COUNCIL ISSUES: None. IX. EXECUTIVE/CLOSED SESSION: None. X. ADJOURNMENT: At 6:07 p.m. Mayor Johnson adjourned the Meeting with the common consent of the City Council. Harwood Edvalson, City Clerk Neil Johnson, Jr., Mayor Items presented to Council at the Meeting: None. Note: Unless otherwise indicated, all documents submitted at City Council meetings and workshops are on file with the City Clerk. For detailed information on agenda items, please view the corresponding Agenda Packets, which are posted on the city website and on file with the City Clerk. Page 3 of 3 Agenda Packet p.13 of 159

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15 City of Bonney Lake, Washington City Council Agenda Bill (AB) Department/Staff Contact: Public Services Department Jason Sullivan Planning & Building Supervisor Agenda Item Type: Ordinance Meeting/Workshop Date: January 22, 2019 Ordinance/Resolution Number: D19-01 Agenda Bill Number: AB19-07 Sponsor: Agenda Subject: Amendments to the Bonney Lake Municipal Code Enforcement Process and Public Nuisance Regulations Full Title/Motion: An Ordinance of the City of Bonney Lake, Washington, amending Chapters 8.12, 8.20, and of the Bonney Lake Municipal Code and the corresponding portions of ordinance numbers 979, 988, 1007, 1108, 1380, and 1547 related to code enforcement and public nuisances. Administrative Recommendation: Background Summary: As part of the Planning Commission Work Plan, the City Council directed staff to review and revise the Code Enforcement and Public Nuisance Regulations. The existing code can best be described as pieced together, with noticing requirements, appeal processes, and timelines scattered throughout different chapters. This work effort focused on streamlining the processes, updating definitions, reducing duplication and conflict between existing regulations, adding protections for City staff performing code enforcement duties, and increasing the readability of the code to allow City residents to have a better understanding enforcement and appeal processes. Attachments: Ordinance No. D19-01 and Planning Commission Recommendation Memo BUDGET INFORMATION Budget Amount Current Balance Required Expenditure Budget Balance Budget Explanation: COMMITTEE, BOARD & COMMISSION REVIEW Council Committee Review: Date: Approvals: Yes No Chair/Councilmember Forward to: Commission/Board Review: Planning Commission 11/7/18 Hearing Examiner Review: Councilmember Councilmember COUNCIL ACTION Workshop Date(s): 1/15/19 Public Hearing Date(s): Meeting Date(s): Tabled to Date: Consent Agenda: Yes No Director: John P. Vodopich, AICP Mayor: APPROVALS Date Reviewed by City Attorney: 12/16/18 (if applicable): Agenda Packet p.15 of 159

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17 ORDINANCE NO. D19-01 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AMENDING CHAPTERS 8.12, 8.20, AND OF THE BONNEY LAKE MUNICIPAL CODE AND THE CORRESPONDING PORTIONS OF ORDINANCE NUMBERS 979, 988, 1007, 1108, 1380, AND 1547 RELATED TO CODE ENFORCEMENT AND PUBLIC NUISANCES. WHEREAS, as part of the Planning Work Plan, the City Council directed staff to review and revise Code Enforcement and Public Nuisance Regulations in the Bonney Lake Municipal Code; and WHEREAS, the Public Services Director acting as the SEPA Responsible Official determined that the proposed amendments were categorically exempt from review under SEPA pursuant WAC (19)(a); and WHEREAS, the Planning Commission reviewed the proposed amendments on October 17, 2018 and held a public hearing on November 7, 2018 as required by BLMC C and recommended that the City Council approve the amendments; and WHEREAS, pursuant to RCW 36.70A.106(3)(b) the City requested expedited review of this Ordinance from the Department of Commerce. The Department of Commerce review period concluded on October 31, 2018; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. The following section , Violations is hereby added to the Bonney Lake Municipal Code: It shall be a violation of this development code to: A. Fail to comply with any of its provisions; B. Proceed with a development without first obtaining a required permit; C. Violate any condition of a permit issued pursuant to this development code; D. Violate any order issued pursuant to this development code; and/or E. Knowingly falsify any document required by this development code. Page 1 of 22 Agenda Packet p.17 of 159

18 Section 2. Section E of the Bonney Lake Municipal Code and the corresponding portions of Ordinance No are hereby amended to read as follows: E. Public nuisance vehicle is a vehicle, or the parts of a vehicle, which meets three of the following criteria: (1) is extensively damaged; (2) is apparently inoperable; (3) is three years old or older; (4) has an approximate fair market value equal to the scrap value; provided, that the following shall be exempt from the foregoing definition: 1. The vehicle, or parts thereof, is completely enclosed within a building in a lawful manner, provided that the building and use activity for the property is in compliance with the provisions of Chapter Title 18 BLMC and that there is no harborage for rodents or other pests; or 2. The vehicle, or parts thereof, is completely and permanently screened from the street or other public or private property; provided, that the screening type and use activity for the property is in compliance with the provisions of Chapters 16.12, or BLMC or BLMC BLMC, and that there is no harborage for rodents or other pests; or 3. The vehicle, or parts thereof, is stored or parked in a lawful manner on private property in connection with the legal business of a licensed dismantler, motor vehicle wrecker, licensed vehicle dealer, junk, salvage or wrecking yard, and the property is fenced as required by RCW Section 3. Section of the Bonney Lake Municipal Code and the corresponding portions of Ordinance No are hereby amended to read as follows: Public nuisances. A public nuisance is a thing, act, omission to act, occupation, or use of property which shall unreasonably annoy, injure or endanger the safety, health, comfort or repose of the public; or shall unlawfully interfere with, obstruct or render dangerous for public use a public park, square, street, alley or highway; or shall render the public insecure in life or in use of property. Any violation of the International Property Maintenance Code, as adopted in BLMC , shall constitute a nuisance. In addition, Ppublic nuisances include, but are not limited to, the following: A. Diseased animals running at large; B.Ponds or pools of stagnant water; A. C. Carcasses of animals not buried or destroyed within 24 hours after death; Agenda Packet p.18 of 159

19 B. D. Accumulations of manure or rubbish; C. E. Privy vaults or outhouses; F. Garbage cans which are not fly-tight; G. The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dairy or industrial wastes, or other substances; D H. Dense smoke, noxious fumes, gas and soot, or cinders, in unreasonable quantities; I. The use of a common public drinking cup or roller towel; J.All nuisance vegetation, including noxious weeds; dead, diseased, infested or dying trees; any tree, shrub or foliage which is apt to damage or impair streets, sidewalks, sewers, utilities or other public improvements or impede visibility on public rights-of-way; vines or climbing plants growing into or over any appliance or facility provided for fire protection purposes; and caterpillar infestations; E. K. The existence or accumulation of any trash, dirt, filth, spilled garbage, waste, stagnant or impure water, decayed or decaying substances, accumulation of lawn or yard trimmings, or other offensive matter, which may cause, or tend to cause, or create a noisome or offensive smell or atmosphere, except in a compost process which adheres to the following: 1. Composting can be completed in one of three following ways: a. Yard waste shall be composted within a three sided bin or turning system. b. Kitchen scraps shall be composted within pest-resistant containers like airtight buckets with spigots, food digesters, and worm bins. c. Piles shall be limited to one cubic yard and a parcel shall have no more than three such piles unless zoned for such uses. 2. Composting shall not include domestic septage, sewage sludge, or pet urine or feces. F. L. The existence of a Any accumulation of materials or objects in a location when the same endangers property or safety or constitutes a fire hazard, including piles of wood except neatly stacked firewood; M. The accumulation of filth, including stagnant or impure water, vegetables, decayed or decaying substances, or other matter or material, which may cause, or tend to cause, or create a noisome or offensive smell or atmosphere; Page 3 of 22 Agenda Packet p.19 of 159

20 G. N. Any litter, unless it is kept in approved covered bins or galvanized receptacles; H. O. All snow and ice not removed from public sidewalks within a reasonable time after the snow and ice have ceased to be deposited thereon; P. All buildings, walls and other structures which have been damaged by fire, decay or otherwise so as to endanger the safety of the public; Q. Any use of property abutting on a public street or sidewalk, or any use of a public street or sidewalk which causes large crowds of people to gather, obstructing traffic and the free use of the streets or sidewalks, unless a special event permit has been obtained; I. R. All hanging signs, temporary signs, awnings and other similar structures over or placed on the streets, public rights of way, or sidewalks, or so situated as to endanger public safety; J.S. All wells, cisterns or septic tanks without adequate cover while in regular use and all wells and cisterns not filled in with earth when abandoned; T. All places, other than those zoned and licensed as wrecking yards or repair shops, used or maintained for the storage of unlicensed vehicles or for wrecking or disassembling of vehicles or machinery of any kind; or storage of any parts thereof except within an enclosed garage or building. For the purposes of this chapter, all vehicles not bearing a current vehicle license within 90 days of the beginning of any license year shall be deemed unlicensed, and the restrictions in this chapter shall not apply to any resident repairing a licensed vehicle registered in his name; provided, that all such work shall be accomplished on his property and shall be completed within 30 days, and during such time all body and mechanical parts and tools shall be stored in a neat and orderly manner not in public view; K.U. Ground vibrations recurrently generated to be perceptible without instruments at any point of the lot line on which the use is located; L. V. Emission of an obnoxious or dangerous degree of heat, glare, radiation or smoke; M.W. Highly flammable or explosive liquids, solids or gases unless stored in bulk aboveground. Tanks or drums of fuel directly connected with heating devices or appliances located on the same lot as the tanks or drums of fuel are excluded from this provision; N. X. Outdoor storage of fuel containers and construction materials unless screened from view of the adjacent and rights-of-way by a fence, greenbelt or wall. Construction materials stored outside for up to sixty (60) days as part of an active construction project are excluded from this provision; Agenda Packet p.20 of 159

21 O.Y. All materials or waste which might cause fumes or dust which constitute a fire hazard or which may be edible or otherwise be attractive to rodents or insects unless stored outdoors in closed containers; Z. Swimming pools that are not protected from entry by unauthorized persons in accordance with the International Residential Code, adopted by reference in Chapter BLMC; P.AA. Growth of more marijuana plants in a residence than authorized for personal, medical use by RCW 69.51A.210(1) through (3), or growth of an authorized number of personal, medical marijuana plants in a manner than can be readily seen by normal unaided vision or readily smelled from a public place or the private property of another; Q. Any building or structure where construction was commenced and then ceased and the building or structure was left unfinished and the permit or permit application has expired, or any building or structure that has been constructed or modified without required permits; R.The discharge of sewage, human excrement except through approved public or private disposal systems that are constructed and maintained in accordance with applicable standards; S.Unused or abandoned refrigerators, freezers, or other large appliances or equipment or any parts thereof; any structurally unsound or unsafe fence or edifice. Section 4. Section of the Bonney Lake Municipal Code and the corresponding portions of Ordinance No are hereby amended to read as follows: Notice of violation and abatement Enforcement. This chapter shall be subject to the enforcement provisions of Chapter BLMC. A. The public official, if he or she has a reasonable belief that a public nuisance exists in violation of this chapter, shall issue a notice of violation and abatement to the owner of the property. Said notice of violation and abatement shall contain the following: 1. The street address or a description of the building, structure, premises, or land, in terms reasonably sufficient to identify its location; 2. A description of the violation and a reference to the provisions of the Bonney Lake Municipal Code which have been violated; 3. A description of the action required to abate the public nuisance, which may include corrections, repairs, demolition, removal, or any other appropriate action; Page 5 of 22 Agenda Packet p.21 of 159

22 4. The period of time by which the owner must take action to abate the nuisance; 5. A statement that the owner may request a hearing by the hearing officer. Such request must be in writing and must be received by the city clerk no later than 10 calendar days after the notice of violation and abatement has been issued; 6. A statement that if the owner fails to submit a timely request for hearing, and fails to abate the nuisance within the period of time designated in the notice of violation, the city may abate the nuisance and may assess all costs of abatement against the owner of the property; 7. A statement that the costs and expenses of abatement incurred by the city may be assessed against the owner named in the notice of violation and abatement and further that failure to pay said costs may result in a lien against the property. B. The notice of violation and abatement shall be served by any one or any combination of the following methods: 1. By first class certified or registered mail to the address of the owner as indicated by the records of the Pierce County assessor; or 2. By posting the notice of violation and abatement in a prominent location on the premises in a conspicuous manner which is reasonably likely to be discovered; or 3. By personal service upon the owner of the property as indicated by the records of the Pierce County assessor Section 5. Chapter of the Bonney Lake Municipal Code is hereby renamed Code Enforcement. Chapter and the corresponding portions of Ordinance Nos and are hereby amended to read as follows: Purpose. The purpose of this chapter is to provide fair, effective means of enforcing the development code, BLMC Titles 14 through 19. The purpose of this chapter is to establish an efficient system of enforcing city regulations that will enable violations to be promptly resolved whenever possible, while providing appropriate penalties and a full opportunity for alleged violators to have a hearing to contest the violations. It is the express and specific purpose and intent of this chapter to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. Agenda Packet p.22 of 159

23 Definitions A. Code Enforcement Documents means documents related to code enforcement, including but not limited to notices of violation, notices of civil penalty, stop work orders, and notices of non-compliance. B. Code Official means an official designated by the mayor or designee identified to enforce the provisions of the BLMC or any law enforcement officer Penalties further defined. A. Violations may be enforced by issuing notices of violation, recording notices of noncompliance, civil penalties, and/or criminal penalties. B. The penalties listed in this Chapter may be imposed in conjunction and do not preclude application of other penalties, sanctions, or rights of action provided by law. C. The civil penalty shall be $1,000 for each day the violation has been documented by the city. D. Any violation of this shall constitute a misdemeanor. It shall be a violation of this development code to: 1. Violate any of its provisions; 2. Proceed with a development without first obtaining a required permit; 3. Violate any condition of a permit issued pursuant to this development code; 4. Violate any order issued pursuant to this development code; 5. Aid or abet a violation of this development code; 6. Knowingly falsify any document required by this development code; or 7. Falsify or tamper with any monitoring device or record required in the administration of this development code. E. The penalties assessed in this chapter are in addition to any investigation fees provided in the building code. F. E. Payment of a penalty does not relieve the violator of the duty to correct the violation. Page 7 of 22 Agenda Packet p.23 of 159

24 G. Each day a violation is documented shall constitute a separate offense. H. The presence of a violation on a property shall constitute prima facie evidence that the owner of the property is the violator. However, this shall not relieve or prevent enforcement against any other responsible person General Provisions. A. In the event a conflict exists between the enforcement provisions of this chapter and the enforcement provisions of any international or uniform code, statute, or regulation that is adopted in the Bonney Lake Municipal Code and subject to the enforcement provisions of this chapter, the enforcement provisions of this chapter will prevail, unless the enforcement provisions of this chapter are preempted or specifically modified by said code, statute, or regulation. B. Responsibility for violations of the codes enforced under this chapter is joint and several, both as to duty to correct and to payment of monetary penalties and costs, and the city is not prohibited from taking action against a party where other persons may also be potentially responsible for a violation, nor is the city required to take action against all persons potentially responsible for a violation. C. In computing any period of time prescribed or allowed by this code, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday, nor legal holiday. D. Any person who intentionally intimidates, obstructs, impedes, or interferes with any lawful attempt to serve a notice of violation, stop work order, or emergency order, or intentionally obstructs, impedes, or interferes with lawful attempts to correct a violation shall be guilty of a misdemeanor. E. A violation does not become legal by lapse of time. The responsibility established in Property Owner Responsibility runs with the land and shall be binding on all parties having or acquiring any right, title, interest, or any part thereof the site, including the grantor, heirs, successors, and assigns. Every successive owner of the property or premises shall assume this duty and responsibility. F. Every property owner has a duty to: maintain property in a lawful manner and free of violations; exercise reasonable diligence to ensure that the property remains free of violations; and ensure that no other person can cause or contribute to a violation on the Agenda Packet p.24 of 159

25 property. It is not a defense to this Chapter that other persons may have caused or contributed to the violation. G. The city of Bonney Lake prioritizes code enforcement issues as listed below in descending order of priority: 1. Enforcement of life, health, and safety violations 2. Stop work orders for non-permitted activity 3. Violations within Critical and Shoreline Areas 4. Monitoring and enforcement of permit and approval conditions 5. Other violations of the development code Service of Documents. A. Service of code enforcement documents shall be accomplished by one of the following methods of service; provided, that criminal charges shall be served as provided by applicable law: 1. Personal service is accomplished by handing the document to the person subject to the document or leaving it at his or her last known dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or leaving it at his or her office or place of employment with a person in charge thereof. Personal service may also be accomplished by the hearing examiner or his or her assistant handing any order, ruling, decision, or other document to a person prior to, during, or after a hearing. 2. Service by mail is accomplished by sending the document by regular first class mail to the last known address of the person subject to the document. The last known address shall be an address provided to the city by the person to whom the document is directed. If an address has not been provided to the city, the last known address shall be any of the following as they appear at the time the document is mailed: the address of the property where the violation is occurring, as reflected on the most recent equalized tax assessment roll of the county assessor or the taxpayer address appearing for the property on the official property tax information website for Pierce County; the address appearing in any database used for the payment of utilities for the property at which the violations are occurring; or the address of the person to whom the documents are being sent that appears in the Washington State Department of Licensing database. Page 9 of 22 Agenda Packet p.25 of 159

26 3. Service by posting is accomplished by affixing a copy of the document in a conspicuous place on the subject property or structure, or as near to the affected property or structure as feasible, with at least one copy of such document placed at an entryway to the property or structure if an entryway exists. 4. Service by publication is accomplished by publishing the document as set forth in RCW and , as currently enacted or hereafter amended. B. If service is accomplished by personal service, service shall be deemed complete immediately. If service is accomplished by mail or posting, service shall be deemed complete upon the third business day following the day on which the document is placed in the mail or posted. If service is accomplished by publication, service shall be deemed complete upon the publication of the document as set forth in RCW C. No additional proof of service beyond the requirements in this chapter shall be required by the hearing examiner or other entity. Any failure of the person to whom a document is directed to observe a document served by posting or publication shall not invalidate service made in compliance with this section, nor shall it invalidate the document Nature of violation Penalties. Any violation of this development code shall be a misdemeanor and a civil violation. See Chapter 1.16 BLMC for misdemeanor penalties. The penalty for a civil violation shall be $1,000 for each day of violation. A. Violations of this development code may also be nuisances. See BLMC Title 8. B. The penalties assessed in this chapter are in addition to any investigation fees provided in the building code. In the event of a conflict between the penalty provisions of this chapter and the building code, this chapter shall control. C. Payment of a penalty does not relieve the violator of the duty to correct the violation Right of inspection. The director(s) code official may inspect buildings, structures or premises for compliance with this development code Chapter 8.20 and Titles 14 through 19 of the Bonney Lake Municipal Code as allowed by law Stop work order. The director(s) code official may order any development activity stopped if: Agenda Packet p.26 of 159

27 A. A required permit was not obtained; B. The work violates the development code or any permit condition; C. The permit was based on erroneous information submitted by the applicant; or D. The work has become a hazard to life or property due to weather or other unforeseen conditions Notice of Violation. Whenever, upon a reasonable belief by the code official, a violation exists, a code official may issue a notice of violation to the landowner(s), containing the following: A. The street address, parcel number(s), or description of the building, structure, premises, or land in terms reasonably sufficient to identify its location; B. A description of the violation(s); C. A reference to the title, chapter, and section of the BLMC, regulation or written order which has been violated, if applicable; D. A description of the action required to abate the violation which may include corrections, repairs, demolition, removal, request for an inspection to demonstrate that violation does not exist, or any other appropriate corrective action, and a deadline by which voluntary abatement must be completed; E. A statement indicating that civil penalties may be assessed for failure to take corrective action by the required deadline. E. A statement indicating that failure to respond to the notice of violation or failure to attend any hearing shall result in the violation being deemed committed without requiring further action by the city; F. A statement indicating that payment of a civil penalty does not relieve the person or entity named in the notice of violation of the duty to abate the violation, and that failure to abate may result in the issuance of additional notices of violation and/or criminal charges, with additional civil and/or criminal penalties. G. A statement that the city s preferred approach to the resolution of the violation is to obtain voluntary compliance as provided in BLMC , which allows the property owner to enter into either a work plan not to exceed six months or a voluntary correction agreement to provide additional time to voluntarily abate the violation. Page 11 of 22 Agenda Packet p.27 of 159

28 H. A statement that a Notice of Violation is appealable to the Hearing Examiner under the provisions BLMC and BLMC Voluntary compliance correction. A. Securing voluntary compliance. If the director(s) determines that a violation of this development code has occurred, The director(s) code official shall attempt to secure voluntary correction prior to issuing a notice of civil violation penalty, recording a notice of violation non-compliance with Pierce County, and/or pursuing criminal charges; provided, that the director(s) may immediately issue a notice of civil violation voluntary correction efforts are not required if: 1. An emergency exists; or 2. A repeat violation occurs.; 3. The violation creates a condition which cannot be corrected; or 4. The person knew or reasonably should have known that the action is in violation. B. Request Correction. In attempting to secure voluntary compliance correction, the director(s) city shall contact the alleged violator, explain the violation, and request correction within a specific timeframe. C. The director(s) and alleged violator may enter into a voluntary correction agreement containing the location and nature of the violation, a reference to the violated code provision(s), and the necessary correction and time limit. The director(s) may extend the time limit if the violator shows due diligence. The director(s) s decisions with respect to voluntary correction agreements may not be appealed. If the alleged violator needs six (6) months or less to resolve the violation the city and the alleged violator can develop a work plan to resolve the violation. The work plan shall describe the work to be performed, include a statement that failure to adhere to the work plan may result in civil penalties or criminal charges in accordance with BLMC , and a statement that the city may abate the code violation and assess costs against the owner or property if the work plan is not followed. D. If the alleged violator needs more than six (6) months to resolve the violation the city and the alleged violator can enter into a formal voluntary correction agreement. A voluntary correction agreement will generally contain the following information: 1. The name and address of a person responsible for the violation; Agenda Packet p.28 of 159

29 2. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; 3. A description of the violation and a reference to the code provisions that have been violated; 4. A statement indicating what corrective actions are required and a deadline by which the corrective actions must be completed to the satisfaction of the code official; 5. An agreement by the person in possession and control of the property that the city may inspect the premises as may be necessary to determine compliance with the voluntary correction agreement; 6. An agreement by the person responsible for the violation and/or the owner(s) of the property on which the violation has occurred or is occurring that, if the terms of the voluntary correction agreement are not met, the city may enter the property, abate the violation, and recover its costs and expenses as provided in this chapter; 7. An agreement that by entering into the voluntary correction agreement, the person responsible for the violation waives the right to a hearing before the hearing examiner under this chapter regarding the violation, any penalty, and/or required corrective action; and 8. A statement indicating that additional enforcement measures may be taken as allowed by Chapter BLMC, including issuance of notice of violation with each violation constituting a separate offense subject to civil penalties and/or criminal charges, for failure to comply with the voluntary correction agreement. E. An extension of the deadline for voluntary correction, or a modification of any required corrective action, may be granted by the code official if the person responsible for the violation has, in the opinion of the code official, shown due diligence or made substantial progress in correcting the violation but unforeseen circumstances have rendered correction unattainable within the original deadline Notice of Civil violation penalty. A. Issuance of Civil Violation. Subject to the provisions of BLMC , the director(s) The code official may issue a notice of civil violation penalty to the in the amount of $1000 for each day the violation has been documented by the city for failure to comply with the provisions of Chapter 8.20 and Titles 14 through 19 of the Bonney Lake Municipal Code or any term of a voluntary correction agreement, work plan, or notice of Page 13 of 22 Agenda Packet p.29 of 159

30 violation. alleged violator Said notice represents a determination that a violation of this development code has been committed. This determination is final unless appealed as provided herein. The notice of civil violation penalty shall include: A. The street address, parcel number(s), or description of the building, structure, premises, or land in terms reasonably sufficient to identify its location; B. A description of the violation(s); C. A reference to the title, chapter, and section of the BLMC, regulation or written order which has been violated, if applicable; D. A description of the action required to abate the violation which may include corrections, repairs, demolition, removal, request for an inspection to demonstrate that violation does not exist, or any other appropriate corrective action, and a deadline by which voluntary abatement must be completed; E. A statement indicating the amount of the civil penalties that have been assessed for failure to take corrective action by the required deadline and that the payment of the civil penalties are due within fifteen days. F. A statement indicating that payment of a civil penalty does not relieve the person or entity named in the notice of violation of the duty to abate the violation, and that failure to abate may result in the issuance of additional civil and/or criminal penalties. H. A statement that a Notice of Civil Penalty is appealable to the Hearing Examiner under BLMC and BLMC The name of the person to whom it is directed; 2.The street address or other identification of the premises where the violation has occurred; 3.A description of the violation and a reference to the violated code provision(s); 4.If a correctable violation has not been corrected, an order to take specific corrective action(s) by a given time; 5.A statement of the penalty for violation. If the notice of civil violation includes an order to take corrective action(s) by a given time, the notice may state that the penalty will begin to accrue at that given time6. If the violation is ongoing, a statement that the notice is a continuing notice and that daily notices shall not be necessary to assess the daily penalty; and Agenda Packet p.30 of 159

31 7. A statement that the notice may be appealed to as provided in BLMC B. The director(s) shall serve the notice of civil violation upon the person to whom it is directed either personally or by mailing a copy to their last known address. If after due diligence the director(s) cannot personally serve the notice nor ascertain an address, the director(s) shall serve the notice by posting it conspicuously on the premises. The person serving the notice shall state in writing, under penalty of perjury, the time, date, and manner of service, and, if by posting, the facts showing due diligence in attempting to serve personally or by mail Notice of Non-Compliance A. In conjunction with the assessment of civil penalties, the city may record a Notice of Non-Compliance with the Pierce County Auditor against the property on which a violation has taken place. B. The Notice of Non-Compliance is to notify interested parties, lenders, and subsequent purchasers that a violation(s) exists on the property and the amount of the civil penalties assessed provided that: 1.Prior to recording a Notice of Non-Compliance, the city shall provide written notice to the owner of the city s intent to record the notice of non-compliance. Notice shall be delivered either personally or by mailing a copy of such notice. 2.The Notice of Non-Compliance shall recite that the documented violations stay with the property and correction becomes the responsibility of subsequent property owners. 3.When the civil penalty assessed for the violation has been paid and the violation has been remedied to the satisfaction of the city (i.e., final inspections have occurred and final approvals have been granted), the city shall record a Notice of Compliance. The owner shall be responsible for paying the cost of recording the Notice of Non- Compliance and the Notice of Compliance before the Notice of Compliance is recorded Appeal. A. Notices of Civil violations penalties and notices of violation may be appealed to the hearing examiner. Refer to BLMC for the appeal deadline, procedure, and fee. The appeal of a notice of violation may contest that a violation occurred, the penalty, and/or the corrective action ordered. Failure to appeal the notice of violation waives the right to contest that a violation occurred or the corrective action ordered during an appeal Page 15 of 22 Agenda Packet p.31 of 159

32 of the civil penalty. The appeal fee shall be refundable if the appellant prevails in the appeal. B. The hearing examiner shall conduct a hearing consistent with Chapter 2.18 BLMC on the appeal. The director(s) and the alleged violator may participate in the hearing and call witnesses. C. The hearing examiner and shall: 1. Prepare findings regarding whether a preponderance of evidence shows that the violation occurred and the required corrective action is reasonable; and 2. Accordingly affirm, vacate, or modify the particulars of the notice of civil violation. 3. Confirm Affirm, vacate, or modify the assessment of daily monetary civil penalties; provided that the. The hearing examiner may reduce the civil penalties y imposed by the Director based on the following considerations: a. Whether the violation was a first violation; b. Whether the violator showed due diligence in correcting the violation; c. Whether the penalty is more than necessary to: i. Neutralize any profit enjoyed by the violator as a result of the violation; ii. Make the public whole for environmental or other damages suffered as a result of the violation; and iii. Recompense the city for the costs of enforcement; and iv. Other relevant factors. B. The hearing examiner shall mail a copy of the determination to the affected party within 15 days of the hearing. C. Any appeal of the hearing examiner s determination must be filed with superior court pursuant to Chapter 36.70C RCW. within 20 days from the date of the mailing of the hearing examiner s determination Hearing examiner s options in assessing monetary penalties. A. The hearing examiner may assess daily monetary penalties as of: 1. The earliest proven date of violation; Agenda Packet p.32 of 159

33 2. The date by which correction was to be completed according to the voluntary correction agreement if applicable; 3. The date of the notice of civil violation; or 4. The date by which the notice of civil violation ordered corrective action(s) to be taken. B. The hearing examiner may reduce the penalty based on the following considerations: 1. Whether the violation was a first violation; 2. Whether the violator showed due diligence in correcting the violation; 3. Whether the penalty is more than necessary to: a. Neutralize any profit enjoyed by the violator as a result of the violation; b. Make the public whole for environmental or other damages suffered as a result of the violation; and c. Recompense the city for the costs of enforcement; and 4. Other relevant factors. C. The hearing examiner may increase the monetary penalty by a factor of up to five if the violation was a repeat violation Compliance. Once the property owner has addressed the violation identified in the notice of violation and requested an inspection by the code official to confirm that the violation has been addressed, the code official shall issue a letter to the property owner stating that either the violation has been addressed or what additional actions are required to address the violation. Once the code official determines that the violations have been resolved, the code official will issue a notice of compliance to the property owner consistent with the requirements of BLMC B Collection Lien. A monetary penalty constitutes a personal obligation of the person to whom the notice of civil penalty violation is directed. Assessed penalties shall be paid to the city clerk within 15 days from the date of mailing service of the notice of civil penalty hearing examiner s Page 17 of 22 Agenda Packet p.33 of 159

34 determination that penalties are due. The city may take all legal means to collect penalties Abatement by the City Lien. A. The city may abate a civil violation, including any resulting environmental damage, if: 1. The violation occurs on public right-of-way or city-owned land; 2. A public safety emergency exists; or 3. A competent authority authorizes such abatement. B. The costs of abatement pursuant to BLMC (A) shall be billed to the person responsible for the violation and/or the owner, lessor, tenant of the premises, and shall become due and payable to the city clerk within 15 days. The costs of abatement shall include direct and indirect personnel costs; attorney s fees; hauling, storage and disposal expenses; costs incurred hiring and supervising contractors; and other actual costs. C. To recoup abatement costs, the city may file a lien or tax lien as provided by law against the property on which the violation occurred. D. If an illegal sign or portable structure is located on public property or presents an immediate hazard to the public safety as defined in Chapter 8.28 BLMC, the director(s) code official may impound such sign or structure without notice. Recovery of said sign or structure shall be subject to payment of a fee of $ or the city s actual cost in removing and storing the sign or structure, whichever is higher. No cause of action shall be maintained against the city for damage to signs or structures impounded in accordance with this subsection Abatement by city Unfit dwellings, buildings, and structures. A. The city of Bonney Lake finds that there exists in its territorial limits unfit dwellings, buildings, and structures as defined in RCW B. The hearing examiner may determine that a dwelling, building, structure, or premises is unfit for human habitation or other use if conditions exist in such dwelling, building, structure, or premises which are dangerous or injurious to the health or safety of the occupants of such dwelling, building, structure, or premises, the occupants of neighboring dwellings, or other residents of the city of Bonney Lake. A dwelling, building, structure, or premises is dangerous or injurious when, among other situations, it Agenda Packet p.34 of 159

35 is vacant for an extended period and persistently or repeatedly becomes unprotected or unsecured, or is currently or frequently occupied by unauthorized persons for illegal purposes, or the owner or occupant(s) of the structure have not provided minimum safeguards to protect or warn occupants in the event of fire, contains unsafe equipment, or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that it presents a danger of structural collapse or fire spread to adjacent properties. C. The hearing examiner shall serve as the public officer as defined in RCW , except that the director(s) code official shall provide all administrative functions such as preliminary investigations and the serving of notices. The director(s) code official shall have the power to investigate the dwelling and other property conditions in the city and to enter upon premises, with consent of the occupant, for the purpose of making examinations when the director(s) code official has reasonable grounds for believing they are unfit for human habitation, or for other use; provided, that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and the director(s) code official shall obtain an order for this purpose after submitting evidence in support of an application which is adequate to justify such an order from a court of competent jurisdiction in the event entry is denied or resisted. D. Except for the director(s) s code official s functions listed in subsection BLMC CB of this section, the hearing examiner shall have all the powers and follow all the procedures identified for the board or officers in RCW E. In determining the fitness of a premises, the hearing examiner shall reference Chapter 8.20 BLMC, Chapter 8.24 BLMC, Chapter 8.28 BLMC, Chapter 8.32 BLMC, and the building codes adopted pursuant to Chapter BLMC, or any other pertinent provision of this the development code, in accordance with RCW (1)(d) and (e). F. The city council shall serve as the appeals commission identified in RCW (1)(g), complying with the procedures stated therein. G. In accordance with RCW (1)(h), the cost of abatement by the city shall be assessed against the real property upon which such cost was incurred, which assessment the county treasurer shall enter upon the tax rolls against the property for the current year. If the city sells any materials from the premises as provided in RCW (1)(h), it shall do so in accordance with Chapter BLMC. The assessment shall constitute a lien against the property which shall be of equal rank with state, county and municipal taxes. Page 19 of 22 Agenda Packet p.35 of 159

36 H. Any person affected by an order issued by the city council pursuant to subsection BLMC F of this section may petition to the superior court as provided in RCW (2) Abatement Vegetation and Debris A. As authorized in RCW the city may order a property owner to remove all vegetation growing or which has grown and died and/or debris which are a fire hazard or a menace to public health, safety or welfare. B.The notice shall be issued by a resolution adopted by the city council after not less than five days' notice to the owner, which shall describe the property involved and the hazardous condition, and require the owner to remove the vegetation and/or debris. C.If the owner does not comply with the notice of abatement within 90 days, the city may cause the vegetation and/or debris to be removed and the cost incurred by the city shall become a charge against the owner of the property and a lien against the property pursuant to RCW Other recourse. In the event of a violation, the city may also: A. Revoke, place further conditions on, or suspend processing of permits pertaining to the violator or the premises on which the violation occurred; B. Deny utility access extensions to the premises; C. Revoke or withhold the violator s business license; or D. Pursue any other recourse available under law Police shall enforce. Bonney Lake police shall enforce the development code. See BLMC Section 6. Section of the Bonney Lake Municipal Code and the corresponding portions of Ordinance No are hereby amended to read as follows: International Property Maintenance Code Amended The International Property Maintenance Code, as adopted by BLMC , is hereby amended as follows: Agenda Packet p.36 of 159

37 A. Section Title. These regulations shall be known as the International Property Maintenance Code, hereinafter referred to as this code. B. Section Application of other codes. Repairs, additions or alterations to a structure, or changes or occupancy, shall be done in accordance with the procedures and provisions of Chapter BLMC Building Code. C. Section General. The code official shall enforce the International Property Maintenance Code. D. Section Fees. All fees shall be determined by Chapter 3.68 BLMC. E. Section Right of Entry. Refer to BLMC F. Section 106 Violation. Violation of the International Property Maintenance Code shall be subject to the enforcement provisions of Chapter BLMC. G. Section Notice to responsible person. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in BLMC H. Sections entitled Form and entitled Method of Service are deleted. I. Section Penalties for noncompliance with orders and notices shall be as provided in Chapter BLMC. J. Section 111 is deleted in its entirety. K. Section Failure to Comply. Any person who shall continue any work after having been served with a stop work, except such work as that person is directed to perform by the code official to remove a violation or unsafe condition shall be subject to the enforcement provisions of Chapter BLMC. L. Section Terms defined in other codes. Where terms are not defined in this code and are defined in the codes adopted by reference in BLMC , such terms shall have the meanings ascribed to them as stated in those codes. M. Section Weeds. All premises and exterior property shall be maintained free from weeds or plant growth in excess of twenty-four inches. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses and vegetation, other than trees or shrubs provided; however, this term shall not include cultivated flowers or gardens. Noxious weeds shall be defined as those found on the Noxious Weeds Designated for Page 21 of 22 Agenda Packet p.37 of 159

38 Control or Eradication in Pierce County by the Pierce County Noxious Weed Control Board. N. Section Motor vehicles is deleted in its entirety. O. Section Public toilet facilities. Public toilet facilities shall be maintained in a safe sanitary and working condition in accordance with the Uniformed Plumbing Code as adopted by the city in BLMC F. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all time during occupancy of the premises. Section 7. Repealer. The previously codified provisions of Section through Section and the corresponding portions of Ordinance No. 1380, 6 and Ordinance No are each repealed. Section 8. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as required by law. PASSED BY THE CITY COUNCIL this 22 day of January, 2019 AUTHENTICATED: Neil Johnson, Jr., Mayor Harwood T. Edvalson, City Clerk APPROVED AS TO FORM: Kathleen Haggard, City Attorney Agenda Packet p.38 of 159

39 Planning Commission Memo Date : November 7, 2018 To : Mayor and City Council From : Grant Sulham, Planning Commission Chair Re : Ordinance D Code Enforcement and Public Nuisances On November 7, 2018, the Planning Commission conducted a Public Hearing on Ordinance D18-125, which amends the City s code enforcement procedures and public nuisance regulations The Planning Commission voted to recommend that the City Council approve Ordinance D As required by BLMC , the Planning Commission adopts the following findings of fact in support of its recommendation: 1. On November 7, 2018, the City of Bonney Lake Planning Commission held a public hearing to consider the amendments to the City s development regulations contained in this Ordinance, as required by BLMC The City complied with all applicable notice, timing and comment provisions in scheduling and carrying out the above-referenced hearing. 3. At the above-referenced hearing, the City of Bonney Lake Planning Commission determined that the amendments to the City s development code contained in this Ordinance are consistent with other BLMC development regulations and with the laws of the State of Washington. 4. The City Administrator acting as the SEPA Responsible Official determined that the proposed amendments were categorically exempt from SEPA pursuant to WAC (19)(a); and 5. Pursuant to RCW 36.70A.106(3)(b) the City requested expedited review of this Ordinance from the Department of Commerce. The Department of Commerce review period concluded on October 31, Ordinance D PC Recommendation Page 1/1 Agenda Packet p.39 of 159

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41 City of Bonney Lake, Washington City Council Agenda Bill (AB) Department/Staff Contact: John P. Vodopich, AICP / Executive Agenda Item Type: Ordinance Meeting/Workshop Date: 22 January 2019 Ordinance/Resolution Number: D19-03 Agenda Bill Number: AB19-09 Councilmember Sponsor: Agenda Subject: Parking Restrictions Full Title/Motion: An Ordinance Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Amending Sections , , And Of The Bonney Lake Municipal Code And The Corresponding Portion Of Ordinance No. 1193, 1506, And 1575 Relating To Restricted Parking. Administrative Recommendation: Approve Background Summary: This Ordinance would prohibit parking in the 'triangular' area on 198 th North of SR 410 and add 193 rd Avenue East and the streets from 109 th to 113 th to the list of restricted parking zones around the Bonney Lake High School. Attachments: Ordinance No. D19-03 BUDGET INFORMATION Budget Amount Current Balance Required Expenditure Budget Balance Budget Explanation: Minimal costs associated with the need for additional signage. COMMITTEE, BOARD & COMMISSION REVIEW Council Committee Review: Public Safety Date: 8 January 2019 Approvals: Chair/Councilmember Justin Evans Yes No Councilmember Councilmember Tom Watson Terry Carter Forward to: Consent Agenda: Yes No Commission/Board Review: Hearing Examiner Review: Workshop Date(s): Meeting Date(s): January 22, 2019 COUNCIL ACTION Public Hearing Date(s): Tabled to Date: Director: JPV Mayor: NJJ APPROVALS Date Reviewed by City Attorney: January 8, 2019 (if applicable): Agenda Packet p.41 of 159

42 ORDINANCE NO. D19-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AMENDING SECTIONS , AND OF THE BONNEY LAKE MUNICIPAL CODE AND THE CORRESPONDING PORTIONS OF ORDINANCE NOS. 1193, 1506, AND 1575 RELATING TO RESTRICTED PARKING. WHEREAS, the City Council finds it in the public interest to restrict parking on certain streets in the City. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter of the Bonney Lake Municipal Code is hereby amended to read as follows: Restricted parking zone established on certain Downtown streets. A. Parking shall be prohibited on both the East and West sides of 186 th Avenue E. between 90 th Street E. and 88 th Street E. B. Parking shall be prohibited in the triangular area North of 96 th Street East, East of 198 th Avenue Place East, and West of 198 th Avenue East. Section 2. Chapter of the Bonney Lake Municipal Code is hereby amended to read as follows: Restricted parking zone established around Bonney Lake High School. Parking without a City-issued permit is prohibited in the following zones: Streets Within City Limits (1) East and west side of 200th Ave Ct from South Prairie Road to 104th St E (2) East and west side of 201st Ave E (3) East and west side of 201st Ave Ct E (4) East and west side of 201st Ave Pl (5) East and west side of 199th Ave E (6) East and west side of 199th Ave Ct E (7) East and west side of 198th Ave E, North of 104th St E (8) North and south side of 99th St Ct E (9) North and south side of 100th St E (10) North and south side of 100th St Ct E (11) North and south side of 101st St E Agenda Packet p.42 of 159

43 (12) North and south side of 102nd St E (13) North and south side of 103rd St E (14) North and south side of 104th St E, West of 198th Ave E (15) North and south side of 105th St E, West of 198th Ave E (16) North and south side of 105th St Ct E, West of 198th Ave E (17) North and south side of 106th St E, West of 198th Ave E (18) North and south side of 106th St Ct E, West of 198th Ave E (19) North and south side of 107th St E, West of 198th Ave E (20) North and south side of 108th St E, West of 198th Ave E (21) North and south side of 108th St Ct E, West of 198th Ave E (22) North and south side of 109th St E, West of 198th Ave E (23) North and south side of 109th St Ct E, West of 198th Ave E (24) North and south side of 110th St E, West of 198th Ave E (25) North and south side of 111th St E, West of 198th Ave E (26) North and south side of 112th St E, West of 198th Ave E (27) North and south side of 113th St E, West of 198th Ave E (28) East and west side of 188th Ave E (29) East and west side of 188th Ave Ct E (30) East and west side of 189th Ave E (31) East and west side of 190th Ave E (32) East and west side of 191st Ave Ct E (33) East and west side of 192nd Ave E (34) East and west side of 196th Ave E (35) East and west side of Wildflower Ct E (36) East and west side of Wilderness Ct E (37) East and west side of Springwood Drive E (38) North and south side of Springwood Drive E from 196th to Meadowlark Page 2 of 5 Agenda Packet p.43 of 159

44 (39) North and south side of Meadowlark Streets Outside City Limits (40) East and west side of 198th Ave Ct E, Between 104th St E & 108th St Ct E (41) East and west side of 200th Ave Ct E, Between 104th St E & 108th St Ct E (42) East and west side of 201st Ave E, South of 112th St E (43) East and west side of 201st Ave Ct E, South of 112th St E (44) East and west side of 202nd Ave E (45) East and west side of 202nd Ave Ct E (46) East and west side of 203rd Ave E (47) East and west side of 204th Ave Ct E (48) East and west side of 205th Ave E (49) East and west side of 205th Ave Ct E (50) East and west side of 206th Ave Ct E (51) East and west side of 207th Ave E (52) East and west side of 207th Ave Ct E (53) East and west side of 208th Ave Ct E (54) East and west side of 209th Ave E (55) East and west side of 209th Ave Ct E (56) East and west side of 210th Ave E (57) East and west side of 210th Ave Ct E (58) East and west side of 211th Ave Ct E (59) East and west side of 195th Ave E, South of 109th St E (60) East and west side of 197th Ave E, South of 112th St E (61) East and west side of 198th Ave E, South of 112th St E (62) North and south side of 104th St E, East of 200th Ave Ct E (63) North and south side of 105th St E, East of 200th Ave Ct E (64) North and south side of 105th St Ct E, East of 200th Ave Ct E (65) North and south side of 106th St E, East of 200th Ave Ct E (66) North and south side of 106th St Ct E, East of 200th Ave Ct E (67) North and south side of 107th St E, East of 200th Ave Ct E Agenda Packet p.44 of 159

45 (68) North and south side of 107th St Ct E, East of 200th Ave Ct E (69) North and south side of 108th St E, East of 200th Ave Ct E (70) North and south side of 108th St Ct E, East of 200th Ave Ct E (71) North and south side of 109th St Ct E, East of 200th Ave Ct E (72) North and south side of 111th St Ct E, East of 202nd Ave E (73) North and south side of 112th St E, East of 202nd Ave E (74) North and south side of Bonanza Dr E (75) North and south side of La Paloma Dr E (76) North and south side of La Rita Dr E (77) East and west side of 193 rd Avenue East (78) North and South side of 109 th Street East, East of 192 nd Avenue East and West of 193 rd Avenue East (79) North and South side of 110 th Street East, East of 192 nd Avenue East and West of 193 rd Avenue East (80) North and South side of 111 th Street East, East of 192 nd Avenue East and West of 193 rd Avenue East (81) North and South side of 112 th Street East, East of 192 nd Avenue East and West of 193 rd Avenue East (82) North and South side of 113 th Street East, East of 192 nd Avenue East and West of 193 rd Avenue East Section 3. Chapter of the Bonney Lake Municipal Code is hereby amended to read as follows: Violation - Penalty. Any vehicle illegally parked in a Downtown restricted parking zone may be cited and/or towed. Any vehicle parked in the restricted parking zone established around Bonney Lake High School without a valid permit will be cited. The citation shall carry a fine of $25.00, plus court costs and statutory assessments, if any. Failure to respond to a notice of infraction within 15 days shall result in an additional penalty of $ The infraction form issued to violators shall comply with all applicable portions of RCW The hearing requirements contained in RCW through shall apply to violations of this chapter and are hereby incorporated by reference. Section 4. The City Administrator or designee shall arrange for signs advising of the restrictions to be posted at visible locations where parking is restricted. The signage shall expressly mark the restricted areas as Tow Away Zone and shall contain all other required information under RCW Page 4 of 5 Agenda Packet p.45 of 159

46 Section 5. This Ordinance shall take effect and be in force thirty (30) days from and after its final passage and approval, as required by law PASSED by the City Council and approved by the Mayor this 22 nd day of January, Neil Johnson, Jr., Mayor AUTHENTICATED: Harwood T. Edvalson, City Clerk APPROVED AS TO FORM: Kathleen Haggard, City Attorney Agenda Packet p.46 of 159

47 City of Bonney Lake City Council Agenda Bill (AB) Department / Staff Member: Meeting/Workshop Date: Agenda Bill Number: Bryan Jeter, Chief of Police January 22, Agenda Item Type: Ordinance/Resolution Number: Councilmember Sponsor: Resolution 2703 Justin Evans Agenda Subject: Enumclaw Jail Contract Full Title/Motion: A Resolution of The City Council of The City of Bonney Lake, Pierce County, Washington, to sign a contract with the City of Enumclaw to provide four jail beds per day, guaranteed. Administrative Recommendation: Approve Background Summary: The Bonney Lake Police Department seeks to increase efficiencies and safety with regards to prisoner incarceration and transports for court. Enumclaw Jail is able to provide four guaranteed jail beds per day for Bonney Lake at a cost of $62/per bed ($248/day). The Court estimates that Bonney Lake s average daily population for incarceration is approximately seven per day. In addition, Bonney Lake will have access to the video arraignment system. Having one jail where original arrests can be booked will assist with efficiency as well as security since the prisoners will not need to be transported to court for arraignment. Attachments: Contract with the City of Enumclaw BUDGET INFORMATION Budget Amount Current Balance Required Expenditure Budget Balance Fund Source $90,520 x General Utilities Budget Explanation: This would come out of the general fund detention & corrections line item. Other COMMITTEE, BOARD & COMMISSION REVIEW Council Committee: Public Safety Approvals: Yes No Committee Date: January 8, 2019 Chair/Councilmember Councilmember Councilmember Forwarded to: Consent Agenda: X Yes No Commission/Board Review: Hearing Examiner Review: Workshop Date(s): COUNCIL ACTION Meeting Date(s): January 22, 2019 Tabled to: APPROVALS Public Hearing Date(s): Director: Mayor: Date Reviewed by City Attorney: (if applicable) Rev. January 2014 Agenda Packet p.47 of 159

48 RESOLUTION NO A RESOLUTION OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHING TON, AUTHORIZING THE MAYOR OR CITY ADMINISTRATOR TO SIGN A CONTRACT WITH THE CITY OF ENUMCLAW FOR GUARANTEED JAIL SPACE. WHEREAS, Bonney Lake Police Department has an obligation to apprehend and incarcerate prisoners; and WHEREAS, the lack of jail space often hampers the ability to book arrestees; and WHEREAS, the Bonney Lake Police Department is seeking to contract with the Enumclaw Jail to provide four guaranteed beds per day as well as video arraignment services; and WHEREAS, original arrestees will be booked into Enumclaw Jail when capacity allows; and WHEREAS, the Bonney Lake Police Department will coordinate with the Bonney Lake Municipal Court to schedule video arraignment times; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, WASHINGTON DOES RESOLVE AS FOLLOWS: Section 1. The City Administrator is hereby authorized to sign the contract with the City of Enumclaw. PASSED by the City Council this 22 nd day of January, AUTHENTICATED: Neil Johnson, Jr., Mayor Harwood T. Edvalson, City Clerk APPROVED AS TO FORM: Kathleen Haggard, City Attorney Agenda Packet p.48 of 159

49 INTERLOCAL AGREEMENT BETWEEN THE CITY OF ENUMCLAW, WASHINGTON AND THE CITY OF BONNEY LAKE, WASHINGTON FOR THE HOUSING OF INMATES IN THE ENUMCLAW CITY JAIL THIS INTERLOCAL AGREEMENT is dated effective this 1st day of February, 2019 by and between the City of Bonney Lake, Washington, a Municipal Corporation, and the City of Enumclaw, Washington, a Municipal Corporation, each party having been duly organized and now existing under the laws of the State of Washington. WITNESSETH: WHEREAS, the Chief of Police for the City of Enumclaw (hereinafter "Enumclaw") is authorized by law to have charge and custody of the City of Enumclaw Jail (hereinafter "Enumclaw Jail"); and WHEREAS, the City of Bonney Lake (hereinafter "Bonney Lake") is authorized by law to have charge and custody of Bonney Lake inmates; and WHEREAS, Bonney Lake wishes to designate the Enumclaw Jail as a place of confinement for the incarceration of one or more inmates lawfully committed to its custody; and WHEREAS, Enumclaw desires to accept and keep in its custody such inmate(s) in the Enumclaw Jail for a rate of compensation mutually agreed upon by the parties hereto; and WHEREAS, RCW and other Washington law, as amended, authorizes any city to enter into an interlocal agreement to permit another city to perform any governmental service, activity or undertaking which either city is authorized by law to perform; and WHEREAS, the governing bodies of each of the parties hereto have determined to enter into the Agreement as authorized and provided for by RCW and other Washington law, as amended; NOW, THEREFORE, in consideration of the above and foregoing recitals, the payments to be made, the mutual promises and covenants herein contained, and for other good and valuable consideration, the parties hereto agree as follows: 1. JAIL AVAILABILITY Enumclaw shall provide guaranteed jail space for four (4) Bonney Lake inmates per day. Enumclaw shall have discretion in determining whether or not space is available but shall make reasonable efforts to accommodate Bonney Lake inmates in addition to the four guaranteed beds. 2. COMPENSATION (a) Bonney Lake shall pay for the quarterly guaranteed bed days set forth in Exhibit A at the rates and amounts set forth in Exhibit A. Bonney Lake shall pay for the quarterly guaranteed number of bed days even if Bonney Lake fails to utilize all of the guaranteed bed days for the quarter. Unused bed days do not roll over to the next quarter. IfBonney Lake reaches the guaranteed bed day number for a particular quarter prior to the end of the quarter, the rate for any addition bed days shall be the City's daily rate of $65.00 (the "Daily Rate"). A bed day shall mean housing of one (1) inmate for one (1) calendar day, or any portion thereof. The Daily Rate may be increased annually by Enumclaw. Enumclaw shall provide written notice to Bonney Lake at least thirty (30) days before the effective date of any Daily Rate increase. The parties agree that Enumclaw will not charge a separate booking fee in addition to such rates. Interlocal Jail Services Agreement Page I of 8 Between the City of Enumclaw & the City of Bonney Lake Agenda Packet p.49 of 159

50 (b) At the end of each quarter, Enumclaw shall provide Bonney Lake with an itemized bill for housing Bonney Lake inmates for the quarter. Bonney Lake agrees to make full payment to Enumclaw within thirty (30) days of receipt of such bill for the amount billed for the previous quarter. (c) Enumclaw shall provide a quarterly summary to the appropriate officers of Bonney Lake, setting forth in detail the number of inmate days and number of bookings for which Bonney Lake was responsible in the preceding quarter, including the inmates and the costs incurred for each inmate pursuant to the terms of this agreement. Bonney Lake, upon reasonable notice and during regular business hours, shall have the right to review all books of accounts, dockets, and records of Enumclaw pertaining to the confinement of Bonney Lake inmates. 3. DURATION OF INMATE STAY/TYPES OF INMATES At the time a person is presented to the Enumclaw Jail for booking by a City of Bonney Lake officer, the Enumclaw corrections staff will determine whether the suspect and/or inmate will be accepted for booking. Enumclaw reserves the right, in its sole discretion, to not accept persons injured, extremely ill,or exhibiting behavior that presents an obvious danger to the staff or other inmates. In the event an inmate is not accepted for booking, Enumclaw shall provide written notice ( is acceptable) to the City of Bonney Lake Police Department indicating why the booking was declined. (a) Duration of Inmate Stay. The parties agree that the maximum length of stay per inmate, including pre-and post-trial, may uul t:xl:t:t:u 365 l:onseculive calendar days per misdemeanor sentence. (b) Types of Inmates accepted by Enumclaw Jail. City of Bonney Lake may not book violent felons into the Enumclaw Jail. "Violent felon" is defined as any person being held for suspicion, warrant, or arrest for any felony crime against a person. City of Bonney Lake may book nonviolent felons for a one-night stay provided that the City of Bonney Lake transports any such nonviolent felon the following day to another jail facility. (c) Collection of insurance information. Enumclaw agrees to collect medical insurance information from inmates when they are booked into the Enumclaw Jail pursuant to RCW RIGHT OF INSPECTION City of Bonney Lake shall have the right to inspect, at all reasonable times, all of the Enumclaw Jail in which City of Bonney Lake inmates are confined in order to determine if such jail maintains standards of confinement acceptable to City of Bonney Lake and that such inmates therein are treated equally regardless of race, religion, color, creed or national origin; provided, however, that Enumclaw shall be obligated to manage, maintain and operate its facilities consistent with all applicable federal, state and local laws and regulations. 5. FURLOUGHS, PASSES, AND work RELEASE Enumclaw agrees that no early releases or alternatives to incarceration, including furloughs, passes, work crews, electronic home detention, or work release shall be granted to any inmate housed pursuant to this Agreement without written authorization by the committing court. Enumclaw shall be under no obligation to allow furloughs, passes, work crews, electronic home detention or work release if an inmate has an outstanding warrant(s) from another jurisdiction(s) without prior coordination with the effected jurisdiction and City of Bonney Lake. 6. INMATE ACCOUNTS AND VALUABLES (a) Enumclaw shall establish and maintain an account for each inmate received from City of Bonney Lake and shall credit to such account all money which is received and shall make disbursements, debiting such accounts in accurate amounts for the inmate's personal needs. Disbursements shall be made in limited amounts as are reasonably necessary for personal maintenance. At either the termination of this Agreement, the inmate's death, or return to either City of Bonney Lake or indefinite release to the court, the inmate's money shall be transferred to the inmate's account in care of City of Bonney Lake. Upon release from incarceration, Enumclaw shall return any remaining money to the inmate. (b) Enumclaw shall receive and store property for Bonney Lake inmates. The property shall fit in a property bag such as a paper grocery bag or small clear plastic bag. lnterlocal Jail Services Agreement Page 2 of 8 Agenda Packet p.50 of 159

51 1. RESPONSIBILITY FOR OFFENDER'S CUSTODY It shall be the responsibility of Enumclaw to confine the inmate or inmates; to provide treatment, including the furnishing of subsistence and all necessary medical and hospital services and supplies; to provide for the inmates' physical needs; to make available to them programs and/or treatment consistent with the individual needs; to retain them in said custody; to supervise them; to maintain proper discipline and control; and that the sentence and orders of the committing court in the State are faithfully executed; provided that nothing herein contained shall be construed to require Enumclaw, or any of its agents, to provide treatment, facilities or programs for any inmates confined pursuant to this Agreement, which it does not provide for similar inmates not confined pursuant to this Agreement, or which are not otherwise required by law. 8. MEDICAL SERVICES (a) Inmates from City of Bonney Lake shall receive and Enumclaw shall arrange for such medical, psychiatric, and dental treatment as may be necessary to safeguard their health while housed in the Enumclaw Jail and shall notify City of Bonney Lake prior to any consultation for non-emergency outside services. Except for in-house routine minor medical services that can be treated by Enumclaw Jail staff, City of Bonney Lake shall pay directly or reimburse Enumclaw for all costs associated with the delivery of any medical, psychiatric, and/or dental services provided to City of Bonney Lake inmates; provided that City of Bonney Lake has the option to remove inmates, if at City of Bonney Lake's discretion, it believes that another jail would be more appropriate for addressing the inmate's medical needs. (b) Enumclaw shall keep adequate records of all such services and said records shall be available for City of Bonney Lake's review at its request. (c) Except in emergencies, City of Bonney Lake will be notified by contacting the City of Bonney Lake Police Department on duty Sergeant/senior officer through South Sound 911 Eastside Dispatch at prior to the inmate's transfer to a hospital and nothing herein shall preclude City of Bonney Lake from retaking the ill or injured inmate(s). Any emergency medical, psychiatric, or dental services shall be reported to City of Bonney Lake as soon as time permits. (d) Ifinmates held on City of Bonney Lake charges are transported to a local hospital facility, the short term security of said inmates shall be the responsibility of the City of Enumclaw. Short term security is defined as less than three (3) hours. 9. DISCIPLINE Enumclaw shall have physical control over and power to execute disciplinary authority over all City of Bonney Lake inmates. However, nothing contained herein shall be construed to authorize or permit the imposition of a type of discipline prohibited by the Laws of the State of Washington. 10. RECORDS AND REPORTS Enumclaw shall keep all necessary and pertinent records concerning City of Bonney Lake inmates in the manner mutually agreed upon by the parties hereto. During an inmate's confinement in the Enumclaw Jail, City of Bonney Lake shall upon request be entitled to receive and be furnished with copies of any report or record associated with said inmate(s) incarceration. Enumclaw further agrees to cooperate diligently with the City of Bonney Lake, upon request, in meeting its obligations to provide public records under Chapter RCW when a request made to the City of Bonney Lake seeks records related to inmate housed in the Enumclaw Jail pursuant to this Agreement. 11. REMOVAL FROM THE JAIL A City of Bonney Lake inmate legally confined in the Enumclaw Jail shall not be removed there from by any person without written authorization from City of Bonney Lake or by order of any court having jurisdiction. Enumclaw agrees that no early releases or alternatives to incarceration, including furloughs, passes, work release, work crews or electronic home detention shall be granted to any inmate without written authorization from the committing court. This paragraph shall not apply to an emergency necessitating the immediate removal of the inmate for medical, dental, psychiatric treatment, or other catastrophic condition Interlocal Jail Services Agreement Page 3 of 8 Between the City of Enumclaw & the City of Bonney Lake Agenda Packet p.51 of 159

52 presenting an imminent danger to the safety of the inmate or to other inmates or Enumclaw Jail personnel. In the event of any such emergency removal, Enumclaw shall inform City of Bonney Lake of the whereabouts of the inmate or inmates so removed, at the earliest practicable time, and shall exercise all reasonable care for the safekeeping and custody of such inmate or inmates. 12. ESCAPES Tn the event any City of Bonney Lake inmate shall escape from Enumclaw's custody, Enumclaw will use all reasonable means to recapture the inmate. The escape shall be reported immediately to City of Bonney Lake. Enumclaw shall have the primary responsibility for and authority to file escape charges and direct the pursuit and retaking of the inmate or inmates within its own jurisdiction. Any cost in connections therewith shall be chargeable to and borne by Enumclaw; however, Enumclaw shall not be required to expend unreasonable amounts to pursue and return inmates from other states or other countries. 13. DEATH OF AN INMATE (a) In the event of the death of a City of Bonney Lake inmate, the King County Coroner shall be notified. City of Bonney Lake shall receive copies of any records made at or in connection with such notification. (b) Enumclaw shall immediately notify City of Bonney Lake of the death of a City of Bonney Lake inmate, furnish information as requested and follow the instructions of City of Bonney Lake with regard to the disposition of the body. The body shall not be released except on written order of the appropriate officials of City of Bonney Lake. Written notice pertaining to the release shall be provided within three weekdays of receipt by City of Bonney Lake of notice of such death. All expenses relative to any necessary preparation of the body and shipment charges shall be paid by City of Bonney Lake. With City of Bonney Lake's consent, Enumclaw may arrange for burial and all matters related or incidental thereto, and all such expenses shall be paid by City of Bonney Lake. The provisions of this paragraph shall govern only the relations between or among the parties hereto and shall not affect the liability of any relative or other person for the disposition of the deceased or for any expenses connected therewith. (c) City Bonney Lake shall receive a certified copy of the death certificate for any of its inmates who have died while in Enumclaw's custody. 14. REMOVING OF INMATES Enumclaw reserves the right to refuse to accept an inmate, not meeting the intake criteria outlined in part 3 above or refuse to continue to house an inmate if the inmate, in the opinion of Enumclaw personnel, has an illness or injury which may adversely affect Jail operations, presents a substantial risk of escape, or is a threat to the safety or general welfare of Enumclaw personnel or other inmates. In the event the confinement of any City of Bonney Lake inmate is terminated for any reason the City of Bonney Lake shall, at its expense, retake such inmate from the Enumclaw Jail within four (4) hours after receipt of such request, if such request is made during regular business hours of 8:00 a.m. to 5:00 p.m.. For removal requests made after normal business hours, the City of Bonney Lake shall retake such inmate from the Enumclaw Jail by noon the following business day. In the event Enumclaw requests an inmate be removed, Enumclaw shall provide written notice ( is acceptable) to the City of Bonney Lake Police Department indicating why Enumclaw requested removal of the inmate. 15. GOVERNING LAW The parties hereto agree that, except where expressly otherwise provided, the laws and administrative rules and regulations of the State of Washington shall govern in any matter relating to an inmate(s) confined pursuant to the Agreement. 16. DURATION This Agreement shall enter into full force and effect from January 1, 2019 and renew automatically annually, subject to earlier termination as provided by Section 17 herein. Nothing in the Agreement shall be lnterlocal Jail Services Agreement Page 4 of 8 Agenda Packet p.52 of 159

53 constru'ed to require City of Bonney Lake to house inmates in the Enumclaw Jail continuously. 17. TERMINATION (a) By either party. This Agreement may be terminated by written notice from either party, and the other party delivered by regular mail to the contact person identified herein, provided that termination shall become effective ninety (90) working days after receipt of such notice. City of Bonney Lake agrees to remove any inmate(s) from the Enumclaw Jail by the close of said ninety (90) day notice period. Notice shall state the grounds for termination and the specific plan for accommodating the affected inmates. (b) By City of Bonney Lake due to lack of funding. The obligation of City of Bonney Lake to pay Enumclaw under the provision of this Agreement beyond the close of the current fiscal year (December 31, 2019) is expressly made contingent upon the appropriation, budgeting availability of sufficient funds by City of Bonney Lake. In the event that such funds are not budgeted, appropriated or otherwise made available for the purpose of payment under this Agreement at any time after December 31, 2019, then City of Bonney Lake shall have the option of terminating the Agreement upon written notice to Enumclaw as provided in subsection 17(a), except that all services provided to that point shall be compensated at the agreed rate. The termination of this Agreement for this reason will not cause any penalty to be charged to City of Bonney Lake. (c) In the event of termination of this Agreement for any reason, City of Bonney Lake shall compensate Enumclaw for inmates housed by Enumclaw after notice of such termination until City of Bonney Lake retakes its inmates. Compensation shall be paid in the same manner and at the same rates set forth under Section 2, just as if this agreement had not been terminated. 18. MAILING ADDRESSES All notices, reports, and correspondence to the respective parties of this Agreement shall be sent to the following: City of Enumclaw: Enumclaw Police Department 1705 Wells St. Enumclaw, WA Contact Person: Bob Huebler, Chief of Police City of Bonney Lake: Bonney Lake Police Department Veterans Memorial Dr. E. Bonney Lake, WA Contact Person: Bryan Jeter, Chief of Police 19. HOLD HARMLESS AND INDEMNIFICATION (a) Enumclaw will assume the liability for the custody and care of City of Bonney Lake inmates once they are in the custody of Enumclaw. Enumclaw shall defend, indemnify and hold City of Bonney Lake, its officers, officials, employees, and volunteers harmless from claims, injuries, damages, losses, or suits including reasonable attorney fees, arising out of or in connection with Enumclaw' s performance of this Agreement to the extent that said claims, injuries, damages, losses or suits, including reasonable attorney fees, are caused by or result from the wrongful actions of Enumclaw. (b) Enumclaw will assume no liability for the custody and care of City of Bonney Lake inmates when they are not in the custody of Enumclaw. City of Bonney Lake shall defend, indemnify and hold Enumclaw, its officers, officials, employees, and volunteers harmless from claims, injuries, damages, losses, or suits including reasonable attorney fees, arising out of or in connection with City of Bonney Lake's performance of this Agreement to the extent that said claims, injuries, damages, losses, or suits, including reasonable attorney fees, are caused by or result from the wrongful actions of City of Bonney Lake. In addition, City of Bonney Lake shall defend, indemnify and hold Enumclaw harmless for any and all claims, injuries, damages, losses, or suits, including reasonable attorney fees, arising out of or in connection with any and all allegations of false arrest or Interlocal Jail Services Agreement Between the City of Enumclaw & the City of Bonney Lake Page 5 of 8 Agenda Packet p.53 of 159

54 false imprisonment. (c) It is further specifically and expressly understood that the indemnification provided herein constitutes the parties' waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 20. INSURANCE REQUIREMENTS (a) Each party agrees to provide the other with evidence of insurance coverage, in the form of a certificate of insurance coverage from a solvent insurance provider and/or a letter confirming coverage from a solvent insurance pool, which is sufficient to address the insurance and indemnification obligations set forth in this Agreement; (b) Each party shall obtain and maintain throughout the term of this agreement coverage in the minimum liability limits of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) in the aggregate for its liability exposures, including commercial general liability, errors and omissions, automobile liability and police professional liability. Liability coverage shall be provided on an occurrence basis. (c) The coverage evidenced in Section 20(b) may not be sufficient to cover all liability losses and related claim settlement expenses. Evidence of these limits of coverage does not relieve the City of Enumclaw from liability for losses and settlement expenses greater than these limits. 21. MISCELLANEOUS (a) City of Bonney Lake inmates incarcerated in the Enumclaw Jail pursuant to this Agreement shall be transported to Enumclaw by and at the expense of City of Bonney Lake and shall be returned, if necessary, to City of Bonney Lake by Bonney Lake personnel and at City of Bonney Lake's expense. Enumclaw is not responsible for transportation of City of Bonney Lake inmates under this Agreement and shall be reimbursed by City of Bonney Lake for any actual expenses incurred in transport of an inmate if, in fact, transportation of an inmate by Enumclaw becomes necessary. (b) A copy of this agreement, once executed, will be filed with King County or alternatively, listed by subject on the Parties' web sites or other electronically retrievable source, as required by RCW (c) This Agreement replaces and supersedes all prior agreements between the Parties relating to jail services. IN WITNESS WHEREOF, the above and foregoing Agreement has been executed in duplicate by the parties hereto and made effective on the day and year first above written: CITY OF BONNEY LAKE CITY OF ENUMCLAW John Vodopich, City Administrator Chris Searcy, City Administrator Bryan Jeter, Chief of Police Bob Huebler, Chief of Police Agenda Packet p.54 of 159

55 TTEST: ATTEST: Woody Edvalson, Administrative Services Director/City Clerk Approved as to Form: Approved as to Form: Maureen Burwell, City Clerk Kathleen Haggard, City Attorney Mike Reynolds, City Attorney Interlocal Jail Services Agreement Between the City of Enumclaw & the City of Bonney Lake Page 7 of 8 Agenda Packet p.55 of 159

56 Exhibit "A" to A&reement Quarter Ending On Guaranteed Contract Bed Days March 31 st, Rect Di:iys billed at $62.00 per bed day June 30th, Bed Days billed at $62.00 per bed day September 30th, Bed Days billed at $62.00 per bed day December 31st, Bed Days billed at $62.00 per bed day Compensation Due $14,632 + any extra bed days $22,568 + any extra bed days $22,816 + any extra bed days $22,816 + any extra bed days Quarter Ending On Guaranteed Contract Bed Days March 31st, Bed Days billed at $62.00 per bed day June 30th, Bed Days billed at $62.00 per bed day September 30th, Bed Days billed at $62.00 per bed day December 31st, Bed Days billed at $62.00 per bed day Compensation Due $22,568 + any extra bed days $22,568 + any extra bed days $22,816 + any extra bed days $22,816+ any extra bed days Quarter Ending On Guaranteed Contract Bed Days March 31st, Bed Days billed at $62.00 per bed day June 30th, Bed Days billed at $62.00 per bed day September 30th, Bed Days billed at $62.00 per bed day December 31st, Bed Days billed at $62.00 per bed day Compensation Due $22,320 + any extra bed days $22,568 + any extra bed days $22,816 + any extra bed days $22,816+ any extra bed days All extra bed days shall be billed at the Daily Rate. Agenda Packet p.56 of 159

57 Agenda Packet p.57 of 159

58 Agenda Packet p.58 of 159

59 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AUTHORIZING THE EMERGENCY PURCHASE OF A SUBMERSIBLE PUMP AND MOTOR FOR TACOMA POINT WELL #2 AND A VERTICAL TURBINE PUMP FOR TACOMA POINT WELL #6 FROM HOLT SERVICES, INC. WHEREAS, the City of Bonney Lake owns and operates the Tacoma Point Well site; and WHEREAS, on December 5, 2018, as part of the Tacoma Point Well Rehabilitation Project it was determined the vertical turbine pump for Well #6 and the submersible pump and motor for Well #2 required replacement; and WHEREAS, due to the potential threat to public health, welfare, and safety this replacement equipment must be purchased by emergency procurement per Bonney Lake Municipal Code Section Emergency Procurements; and, WHEREAS, on December 28, 2018 an emergency purchase of a submersible pump and motor for Well #2 and a vertical turbine pump for Well #6 was initiated with Holt Services. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Bonney Lake, Washington does hereby authorize the Mayor to authorize the emergency purchase of a submersible pump and motor for Well #2 and a vertical turbine pump for Well #6 from Holt Services, Inc.in the total amount of $104, which includes tax for both pumps/motor. Passed by the City Council of the City of Bonney Lake this 22 nd day of January, AUTHENTICATED: Neil Johnson, Jr., Mayor Harwood T. Edvalson, City Clerk APPROVED AS TO FORM: Kathleen Haggard, City Attorney Agenda Packet p.59 of 159

60 Agenda Packet p.60 of 159

61 Agenda Packet p.61 of 159

62 Agenda Packet p.62 of 159

63 City of Bonney Lake, Washington City Council Agenda Bill (AB) Department/Staff Contact: John P. Vodopich, AICP / Executive Agenda Item Type: Resolution Meeting/Workshop Date: 22 January 2019 Ordinance/Resolution Number: 2707 Agenda Bill Number: AB19-06 Councilmember Sponsor: Agenda Subject: Authorizing the Mayor to Sign an Agreement for Contract Prosecuting Attorney Full Title/Motion: A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing The Mayor To Sign A Professional Services Agreement With John Rodabaugh As The Contract Prosecuting Attorney. Administrative Recommendation: Approve Background Summary: Deputy City Attorney-Prosecutor Barber has been on FMLA since mind- November of During Ms. Barber's leave, Mr. Rodabaugh will provide contract prosecutorial services to the City for an average of 35 hours per week. The City will pay Mr. Rodabaugh for all full months in the position at $5,000 per month. In addition, there may be a month or some months that are not full months due to the exit/return of the Ms. Barber. In those instances he will be paid on a pro-rata basis at $1,250 per week. Attachments: Professional Services Agreement, Exhibits A & B. BUDGET INFORMATION Budget Amount Current Balance Required Expenditure $20,000 Budget Balance Budget Explanation: The amount required is included in the 2019/20 biennial budget. COMMITTEE, BOARD & COMMISSION REVIEW Council Committee Review: Public Safety Date: 8 January 2019 Approvals: Chair/Councilmember Justin Evans Yes No Councilmember Councilmember Tom Watson Terry Carter Forward to: Consent Agenda: Yes No Commission/Board Review: Hearing Examiner Review: Workshop Date(s): Meeting Date(s): January 22, 2019 COUNCIL ACTION Public Hearing Date(s): Tabled to Date: Director: JPV Mayor: NJJ APPROVALS Date Reviewed by City Attorney: (if applicable): Agenda Packet p.63 of 159

64 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AUTHORIZING THE MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH JOHN RODABAUGH AS THE CONTRACT PROSECUTING ATTORNEY. WHEREAS, the City s current Deputy City Attorney-Prosecutor will be taking up to 12 weeks off for approved Family and Medical Leave under the federal Family and Medical Leave Act; and WHEREAS, the City will need a contract attorney to provide temporary prosecutorial services in the absence of the regular Deputy City Attorney-Prosecutor; and WHEREAS, the City budgeted for the expense for this temporary contract in addition to those budgeted for the of Deputy City Attorney-Prosecutor s position in the 2019/20 biennial budget; and WHEREAS, the City has completed a recruitment and interview process and recommends a professional services agreement with John Rodabaugh; NOW THEREFORE, the City Council of the City of Bonney Lake, Washington, does hereby resolve that the Mayor is authorized to sign the Agreement between the City of Bonney Lake and John Rodabaugh, attached hereto and incorporated herein by this reference. PASSED BY THE CITY COUNCIL this 22 nd day of January, ATTEST: Neil Johnson, Jr., Mayor Harwood T. Edvalson, City Clerk APPROVED AS TO FORM: Kathleen Haggard, City Attorney Agenda Packet p.64 of 159

65 PERSONAL SERVICES AGREEMENT THIS PERSONAL SERVICES AGREEMENT ("Agreement") is made and entered into this 1 st day of December, 2018, by and between the City of Bonney Lake ("City") and John Rodabaugh ("Consultant"). The parties hereby agree as follows: 1. Scope of Work. The Consultant shall perform all work and provide all materials described in the Scope of Work set out in Exhibit A attached hereto and incorporated herein by this reference. Such work shall be performed using facilities, equipment and staff provided by Consultant, and shall be performed in accordance with all applicable federal, state and local laws, ordinances and regulations. The Consultant shall exercise reasonable care and judgment in the performance of work pursuant to this Agreement. The Consultant shall make minor changes, amendments or revisions in the detail of the work as may be required by the City, such work not to constitute Extra Work under this Agreement. 2. Ownership of Work Product. Documents, presentations and any other work product produced by the Consultant in performance of work under this Agreement shall be tendered to the City upon completion of the work, and all such product shall become and remain the property of the City and may be used by the City without restriction; provided, that any such use by the City not directly related to the particular purposes for which the work product was produced shall be without any liability whatsoever to the Consultant. 3. Payment. The Consultant shall be paid by the City for completed work and services rendered under this Agreement pursuant to the rates and charges set out in Exhibit B, attached hereto and incorporated herein by this reference. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement shall list actual time and dates during which the work was performed and the compensation shall be figured using the rates set out in Exhibit B; provided, that payment for work within the Scope of Work (Exhibit A) shall not exceed the fee/hour estimate set out in Exhibit B without written amendment to this Agreement, agreed to and signed by both parties. Acceptance of final payment by the Consultant shall constitute a release of all claims, related to payment under this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to acceptance of final payment. Final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and any sub-consultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and all items related to, or bearing upon, such records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all Agenda Packet p.65 of 159 1

66 litigation, claims or audit findings involving the records have been resolved. The three-year retention period shall commence when the Consultant receives final payment. 4. Changes in Work. The Consultant shall make all revisions and changes in the work completed under this Agreement as are necessary to correct errors, when required to do so by the City, without additional compensation. 5. Extra Work. The City may desire to have the Consultant perform work or render services in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered by this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. 6. Independent Contractor. Any and all employees of Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City, and any and all claims that may or might arise under the Workers' Compensation Act on behalf of said employees, while so engaged; any and all taxes arising out of Consultant's or Consultant's employees' work under this Agreement; and any and all claims made by a third party as a consequence of any acts, errors, or omissions on the part of the Consultant's employees, while so engaged, shall be the sole obligation and responsibility of the Consultant. The Consultant's relation to the City shall at all times be as an independent contractor. 7. Nondiscrimination and Legal Compliance. Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, gender, age or disability except for a bona fide occupational qualification with regard to, but not limited to, the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination; rates of pay or other forms of compensation; selection for training; and rendition of services. Consultant understands and agrees that if it violates this section, this Agreement may be terminated by the City, and that Consultant shall be barred from performing any services for the City in the future unless and until a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. 8. Term. This Agreement shall become effective upon the day of its execution by both parties, and shall terminate upon completion of the work and delivery of all materials described in Exhibit A. 9. Termination by City. The City may terminate this Agreement at any time upon not less than ten (10) days written notice to Consultant, subject to the City's obligation to pay Consultant in accordance with subsections A, B, and C below. Agenda Packet p.66 of 159

67 A. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost of work complete at the time of termination of the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized Extra Work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the termination notice. Ifthe accumulated payment(s) made to the Consultant prior to the termination notice exceeds the total amount that would be due as set forth in this subsection, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. B. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, subsection A of this section shall not apply. In such event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable by the City at the time of termination, the cost to the City of employing another person or firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if subsection A of this section applied. C. In the event this Agreement is terminated prior to completion of the work, the original copies of all work products prepared by the Consultant prior to termination shall become the property of the City for its use without restriction; provided, that any such use by the City not directly related to the particular purposes for which the work product was produced shall be without any liability whatsoever to the Consultant. 10. Termination by Consultant. Consultant may terminate this Agreement only in response to material breach of this Agreement by the City, or upon completion of the work set out in the Scope of Work and any Extra Work agreed upon by the parties. 11. Applicable Law; Venue. The law of the State of Washington shall apply in interpreting this Agreement. Venue for any lawsuit arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Pierce County. 12. Indemnification I Hold Harmless. Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with Agenda Packet p.67 of 159 3

68 the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Workers Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 2. Professional Liability Insurance appropriate to the project. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurat1ce and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 13. Subletting or Assigning. The Consultant shau not sublet or assign any of the work covered by this Agreement without the express written consent of the City. 14. Entire Agreement. This Agreement represents the entire Agreement between the parties. No change termination or attempted waiver of any of the provisions of the Agreement Agenda Packet p.68 of 159

69 shall be binding on any party unless executed in writing by authorized representatives of each party. The agreement shall not be modified, supplemented or otherwise affected by the course of dealing between the parties. 15. Waiver. Failure by any party to this Agreement to enforce any provision of this Agreement or to declare a breach shall not constitute a waiver thereof, nor shall it impair any party's right to demand strict performance of that or any other provision of this Agreement any time thereafter. 16. Severability. If any provision of this Agreement or its application is held invalid, the remainder of the Agreement or the application of the remainder of the Agreement shall not be affected. 17. Execution and Acceptance. This Agreement may be executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant hereby ratifies and adopts all statements, representations, warranties, covenants, and agreements contained in the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF BONNEY LAKE By: Neil Johnson Jr., Mayor Attachments: Exhibit A, Scope of Work Exhibit B, Payment Agenda Packet p.69 of 159 5

70 Exhibit "A" Scope of Work The contract prosecutor would provide temporary prosecutorial work while the City s prosecuting attorney is on a leave of absence. All work would be provided under this professional services agreement and would require an average of 35 hours per week. The contract prosecutor would need to be in court every Monday (except jury week - the last week of the month, every Wednesday (including trial week), the second and third Thursdays, and Tuesdays and Fridays when needed for motions, trials or appeals. In addition to the time spent in the courtroom, the contract prosecutor will need to hold some office hours for meetings with interested parties and provide administrative prosecutorial work. It is anticipated that the contract prosecutor will work with the City beginning November 13, 2018 and work through March 29, 2019; however, those dates may be subject to change. Agenda Packet p.70 of 159

71 Exhibit "B" Payment The City will pay the contract prosecutor for all full months in the position at $5,000 per month. In addition, there may be a month or some months that are not full months due to the exit/return of the current prosecutor. The contract prosecutor will be paid on a pro-rata basis ($1,250 per week) for each month that he/she does not work a full month. Agenda Packet p.71 of 159

72 Agenda Packet p.72 of 159

73 City of Bonney Lake, Washington City Council Agenda Bill (AB) Department/Staff Contact: PS / Doug Budzynski Agenda Item Type: Resolution Meeting/Workshop Date: 22 January 2019 Ordinance/Resolution Number: 2708 Agenda Bill Number: AB19-10 Sponsor: Agenda Subject: Award Professional Services Agreement to KPG to complete a preliminary design for the SR410 Sewer Bottleneck Phase 2 project. Full Title/Motion: A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing Award Of A Professional Services Agreement With KPG As Part Of The Sr410 Sewer Bottleneck Phase 2 Project. Administrative Recommendation: Approve Background Summary: City Staff had identified three locations in the sewer main along SR410 where the capacity of the main is at near critical states during winter high flows because of pipe size and slope. In 2018, the City completed construction of the phase 1 of the 3 locations, a new sewer main crossing at South Prairie Rd intersection. The next two phases are in the CIP budget for Before completing the next two phases, a preliminary design is needed to best determine the project limits of the 2 phases. KPG has submitted a proposal for the preliminary design effort which will include survey effort for design. KPG's proposal is $37,737. Staff have reviewed the proposal and feel it is consistent with project effort. Attachments: Budget Amount $733,730 COMMITTEE, BOARD & COMMISSION REVIEW Council Committee Review: Community Development Date: 15 January 2019 Approvals: Chair/Councilmember Dan Swatman Commission/Board Review: Hearing Examiner Review: BUDGET INFORMATION Current Balance Required Expenditure $733,730 $37,737 Forward to: Councilmember Councilmember Budget Balance $6695,993 Fund Source General Utilities Other Budget Explanation: Sewer: Eden ; Sewer Comprehensive Plan, C-02 - SR 410 Sewer Main Improvements (East of LS-17). Revenue Source: Sewer SDC Yes No James Rackley Michelle Surdez Consent Agenda: Yes No Workshop Date(s): Meeting Date(s): COUNCIL ACTION Public Hearing Date(s): Tabled to Date: Director: John Vodopich APPROVALS Mayor: Neal Johnson Jr. Date Reviewed by City Attorney: (if applicable) Agenda Packet p.73 of 159

74 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AUTHORIZING A CONTRACT AWARDING THE PROFESSIONAL SERVICES AGREEMENT TO KPG FOR THE PRELIMINARY DESIGN OF THE SR410 SEWER BOTTLENECK PHASE 2 EFFORT. WHEREAS, the Public Services Department has identified three locations along SR 410 that sewer flow that is impeded due to pipe configurations and put these locations in the City s capital facility plan; and WHEREAS, the Public Services Department has complete the construction of SR410 Sewer Bottleneck Phase 1 in 2018; and WHEREAS, Public Services staff has listed the SR410 Sewer Main Improvements in the Biennial budget; and WHEREAS, KPG Engineering has submitted a scope of work to complete a preliminary design for determining the best approach to complete the next phase, SR410 Sewer Bottleneck Phase 2, in the amount of $33, NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Bonney Lake does hereby authorize the Mayor to sign the attached Professional Services Agreement with KPG for the project in the amount of $33, Passed by the City Council this 22 nd day of January, Neil Johnson, Jr., Mayor AUTHENTICATED: Harwood T. Edvalson, City Clerk APPROVED AS TO FORM: Kathleen Haggard, City Attorney Agenda Packet p.74 of 159

75 PROFESSIONAL SERVICES AGREEMENT SR410 SEWER BOTTLENECK PHASE 2 THIS PROFESSIONAL SERVICES AGREEMENT ( Agreement ) is made and entered into this day of, 2019, by and between the City of Bonney Lake ( City ) and KPG ( Consultant ). The parties hereby agree as follows: 1. Scope of Work. The Consultant shall perform all work and provide all materials described in the Scope of Work set out in Exhibit A attached hereto and incorporated herein by this reference. Such work shall be performed using facilities, equipment and staff provided by Consultant, and shall be performed in accordance with all applicable federal, state and local laws, ordinances and regulations. The Consultant shall exercise reasonable care and judgment in the performance of work pursuant to this Agreement. The Consultant shall make minor changes, amendments or revisions in the detail of the work as may be required by the City, such work not to constitute Extra Work under this Agreement. 2. Ownership of Work Product. Documents, presentations and any other work product produced by the Consultant in performance of work under this Agreement shall be tendered to the City upon completion of the work, and all such product shall become and remain the property of the City and may be used by the City without restriction; provided, that any such use by the City not directly related to the particular purposes for which the work product was produced shall be without any liability whatsoever to the Consultant. 3. Payment. The Consultant shall be paid by the City for completed work and services rendered under this Agreement pursuant to the rates and charges set out in Exhibit B, attached hereto and incorporated herein by this reference. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. All billings for compensation for work performed under this Agreement shall list actual time and dates during which the work was performed and the compensation shall be figured using the rates set out in Exhibit B; provided, that payment for work within the Scope of Work (Exhibit A) shall not exceed the fee/hour estimate set out in Exhibit B without written amendment to this Agreement, agreed to and signed by both parties. Acceptance of final payment by the Consultant shall constitute a release of all claims, related to payment under this Agreement, which the Consultant may have against the City unless such claims are specifically reserved in writing and transmitted to the City by the Consultant prior to acceptance of final payment. Final payment shall not, however, be a bar to any claims that the City may have against the Consultant or to any remedies the City may pursue with respect to such claims. The Consultant and its sub consultants shall keep available for inspection, by the City, for a period of three years after final payment, the cost records and accounts pertaining to this Agreement and Agenda Packet p.75 of 159

76 all items related to, or bearing upon, such records. If any litigation, claim or audit is started before the expiration of the three-year retention period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. The three-year retention period shall commence when the Consultant receives final payment. 4. Changes in Work. The Consultant shall make all revisions and changes in the work completed under this Agreement as are necessary to correct errors, when required to do so by the City, without additional compensation. 5. Extra Work. The City may desire to have the Consultant perform work or render services in addition to or other than work provided for by the expressed intent of the Scope of Work. Such work will be considered Extra Work and will be specified in a written supplement which will set forth the nature and scope thereof. Work under a supplement shall not proceed until authorized in writing by the City. Any dispute as to whether work is Extra Work or work already covered by this Agreement shall be resolved before the work is undertaken. Performance of the work by the Consultant prior to resolution of any such dispute shall waive any claim by the Consultant for compensation as Extra Work. 6. Employment. Any and all employees of Consultant, while engaged in the performance of any work or services required by the Consultant under this Agreement, shall be considered employees of the Consultant only and not of the City, and any and all claims that may or might arise under the Workman s Compensation Act on behalf of said employees, while so engaged; any and all taxes arising out of Consultant s or Consultant s employees work under this Agreement; and any and all claims made by a third party as a consequence of any acts, errors, or omissions on the part of the Consultant s employees, while so engaged, shall be the sole obligation and responsibility of the Consultant, except as provided in Section 12 of this agreement. The Consultant s relation to the City shall at all times be as an independent contractor. 7. Nondiscrimination and Legal Compliance. Consultant agrees not to discriminate against any client, employee or applicant for employment or for services because of race, creed, color, national origin, marital status, gender, age or handicap except for a bona fide occupational qualification with regard to, but not limited to, the following: employment upgrading; demotion or transfer; recruitment or any recruitment advertising; layoff or termination; rates of pay or other forms of compensation; selection for training; and rendition of services. The consultant represents and warrants that it is in compliance with and agrees that it will remain in compliance with the provisions of the Immigration Reform and Control Act of 1986, including but not limited to the provisions of the Act prohibiting the hiring and continued employment of unauthorized aliens and requiring verification and record keeping with respect to the status of each of its employees eligibility for employment. The consultant shall include a provision substantially the same as this section in any and all contracts with sub consultants performing work required of the contractor under this contract. The consultant agrees to indemnify and hold the City harmless from any and all liability, including liability for interest and penalties, the City may incur as a result of the consultant failing to comply with any provisions of the Immigration Reform and Control Act of Consultant understands and agrees that if it violates this section, this Agreement may be Agenda Packet p.76 of 159

77 terminated by the City, and that Consultant shall be barred from performing any services for the City in the future unless and until a showing is made satisfactory to the City that discriminatory practices have terminated and that recurrence of such action is unlikely. 8. Term. This Agreement shall become effective upon the day of its execution by both parties, and shall terminate upon completion of the work and delivery of all materials described in Exhibit A. 9. Termination by City. The City may terminate this Agreement at any time upon not less than ten (10) days written notice to Consultant, subject to the City s obligation to pay Consultant in accordance with subsections A and B below. A. In the event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for actual cost of work complete at the time of termination of the Agreement. In addition, the Consultant shall be paid on the same basis as above for any authorized Extra Work completed. No payment shall be made for any work completed after ten (10) days following receipt by the Consultant of the termination notice. If the accumulated payment(s) made to the Consultant prior to the termination notice exceeds the total amount that would be due as set forth in this subsection, then no final payment shall be due and the Consultant shall immediately reimburse the City for any excess paid. B. In the event the services of the Consultant are terminated by the City for fault on the part of the Consultant, subsection A of this section shall not apply. In such event the amount to be paid shall be determined by the City with consideration given to the actual costs incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or of a type which is usable by the City at the time of termination, the cost to the City of employing another person or firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the City of the work performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount which would have been made if subsection A of this section applied. C. In the event this Agreement is terminated prior to completion of the work, the original copies of all work products prepared by the Consultant prior to termination shall become the property of the City for its use without restriction; provided, that any such use by the City not directly related to the particular purposes for which the work product was produced shall be without any liability whatsoever to the Consultant. 10. Termination by Consultant. Consultant may terminate this Agreement only in response to material breach of this Agreement by the City, or upon completion of the work set out in the Scope of Work and any Extra Work agreed upon by the parties. Agenda Packet p.77 of 159

78 11. Applicable Law; Venue. The law of the State of Washington shall apply in interpreting this Agreement. Venue for any lawsuit arising out of this Agreement shall be in the Superior Court of the State of Washington, in and for Pierce County. 12. Indemnification / Hold Harmless Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant s liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. Insurance The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant s Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Agenda Packet p.78 of 159

79 4. Professional Liability insurance appropriate to the Consultant s profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: D. Acceptability of Insurers 1. The Consultant s insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant s insurance and shall not contribute with it. 2. The Consultant s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 13. Subletting or Assigning. The Consultant shall not sublet or assign any of the work covered by this Agreement without the express written consent of the City. 14. Entire Agreement. This Agreement represents the entire Agreement between the parties. No change, termination or attempted waiver of any of the provisions of the Agreement shall be binding on any party unless executed in writing by authorized representatives of each party. The Agenda Packet p.79 of 159

80 agreement shall not be modified, supplemented or otherwise affected by the course of dealing between the parties. 15. Waiver. Failure by any party to this Agreement to enforce any provision of this Agreement or to declare a breach shall not constitute a waiver thereof, nor shall it impair any party s right to demand strict performance of that or any other provision of this Agreement any time thereafter. 16. Severability. If any provision of this Agreement or its application is held invalid, the remainder of the Agreement or the application of the remainder of the Agreement shall not be affected. 17. Execution and Acceptance. This Agreement may be executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The Consultant hereby ratifies and adopts all statements, representations, warranties, covenants, and agreements contained in the supporting materials submitted by the Consultant, and does hereby accept the Agreement and agrees to all of the terms and conditions thereof. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF BONNEY LAKE CONSULTANT By: Neil Johnson Jr., Mayor By: Attachments: Exhibit A: Scope of Work/Deliverables/Fee Exhibit B: Rates Agenda Packet p.80 of 159

81 EXHIBIT A City of Bonney Lake SR410 Sewer Bottleneck- Main Replacement Preliminary Design (195 th Ave/SR410) Scope of Work January 2 nd, 2018 The City of Bonney Lake plans to upgrade undersized sewer mains along SR410 to provide sanitary sewer main capacity for future growth. This phase of the SR410 Bottleneck Main Replacement Project will remove flow restrictions located between 195 th Ave on the south side of SR410 to approximately 450 west of 192 nd Ave on the north side of SR410. At this time, the locations of the flow restrictions have been identified, as well as the starting and stopping points. What remains to be identified is how the additional capacity will be provided and at which crossing of SR410 the new boring will occur. The location of the new main lines and the crossing of SR410 will greatly affect the project construction phasing and final design cost. This scope and budget will determine the following: Where the new boring for the sewer main will cross SR410 Locations on the new sewer mains Determine construction phasing Provide preliminary construction cost estimates Determine if additional property rights are required If it is feasible to reroute some of the sewer flows and create a by-pass from the SR410 sewer main to the existing lift station at the north end of 192 nd Ave Design flow rates will be provided by the City The following describes the anticipated effort required to complete preliminary design for this project: Task 1.0 Management/Coordination/Administration This task covers the effort required to manage the contract and to ensure that the project meets the client s expectations for schedule, budget, and quality of product: 1.1. Provide project administrative services including: Project set-up and execute agreement Preparation of monthly progress reports and invoices Maintaining project files Record keeping City of Bonney Lake KPG #18197 SR410 Sewer Bottleneck 1 Agenda Packet p.81 of 159

82 EXHIBIT A 1.2. Provide project management of preliminary design (assume 2 months) services including: Project staff management and coordination Prepare and update project schedule Schedule and budget monitoring 1.3. Design Coordination meeting with City staff: Attend 2 design review/coordination meetings with City staff. Budget assumes that Consultant project manager and lead project engineer will attend all meetings and task leads will attend meetings as needed Provide QA/QC reviews of preliminary design and construction cost estimates 1.5. Miscellaneous letters and phone calls Deliverables: Monthly progress report and invoice Meeting minutes for Consultant/City Meeting QA/QC of all Submittal packages Task 2.0 Survey This task covers the effort required to provide a base map to be used for preliminary design and to define existing right of way. Final design will require additional field work for the selected alignment. 2.1 Survey Control: Existing monuments will be located and horizontal and vertical control will be set. 2.2 Utility Locates: KPG will utilize a private utility locate company to field locate and mark private utilities within the project areas. Painted underground utilities will be surveyed and added to the base map. 2.3 Limited Topographic Survey: Conduct limited topographic survey including: lane lines, curbs, sidewalks, manhole rims, valves, and vaults. The following items are not included: detailed topographic breaks, landscaping and traffic arrows are not included, existing ground DTM surface. 2.4 Vertical and horizontal locations of gravity sewer lines along 192 nd Ave between SR410 VMD and Lift Station inverts. No mapping of other existing improvements in this area will be required City of Bonney Lake KPG #18197 SR410 Sewer Bottleneck 2 Agenda Packet p.82 of 159

83 EXHIBIT A Mapping limits: North half of SR-410 from 540 feet west to 500 feet east of the centerline of 192 nd Avenue East 192 nd Avenue East from SR-410 running north approximately 90 feet to the ends of the curb returns at the intersection Entrance between address and from centerline of SR-410 to 100 feet south Entrance between address and from centerline of SR-410 to 100 feet south 2.5 Right of Way Lines: Right of way lines will be defined using existing street monuments and their relationship to public records and GIS data. Right of way lines will be graphically shown on the base map. 2.6 Lot Lines: Lot lines will be defined using GIS data. 2.7 Develop Base Map: A survey base map file will be compiled in AutoCAD Civil 3D 2015 for the basis of design. This file will show the site's existing features listed above. Right of way lines of record, notes, control, and other observations (prepared for 1"=20' plans) will be included in this file to aid in the design going forward. Contours will be shown at 1 foot intervals. Deliverables: Base map of features surveyed Existing utility locations Assumptions: No right of way acquisition will be required under this phase of work. No Title Reports will be necessary. City will provide locates of City owned utilities. Franchised utilities will be pot holed by the utility or City, if necessary. Horizontal and vertical datum s will be NAD 83/91 and NAVD88 Task 3.0 Preliminary Design Effort under this task includes determining the optimum locations of the new sanitary sewer lines. The following items will be considers in selection of the preferred alternative: Construction Cost: in addition to the items listed below a construction cost comparison will be prepare for each alignment. Existing Utilities will utility relocations be required? What is the risk of utility conflict? Existing Property Rights - will temporary or permanent property rights be needed, if so to what extent? City of Bonney Lake KPG #18197 SR410 Sewer Bottleneck 3 Agenda Packet p.83 of 159

84 EXHIBIT A Traffic Disruption - how will construction and maintenance of the improvements effect the traveling public? Construability - are there constraints that will affect the ease of construction and therefore the cost? Phasing - different alignments may allowing phasing of construction while others may require construction all at one time. 3.1 Concept plan and profile: Effort under this task includes preparing several conceptual plan and profile alignments to determine feasible options based on physical constraints such as existing pipe elevations, right-of-way constraints and major utility locations. 3.2 Utility conflict review: Based on utility locates and utility mapping received from the city and franchised utilities. Critical utility crossing points will be identified. KPG will coordinate with City for pot holes of the existing water main and with a franchised utilities for pot holes of private utilities. 3.3 Bore Pit location: KPG will consult with horizontal drilling contractors one locations of possible bore pit locations. The purpose of this consultation is to understand the optimum area required for installation of the casing under SR410 and cost impacts for having less than optimum room. 3.4 By-pass line to 192 nd Ave Lift Station: one factor in choosing an alignment will be the ability to by-pass sewer to the lift station at the north end of 192 nd Ave E. KPG will determine the required elevation of the new gravity lines in or near the intersection of SR410 and 192 nd Ave. 3.5 Comparison Cost Estimates: comparison construction cost estimates will be prepared for each alignment. These estimates will be for comparison cost only and not full construction cost estimates. A full construction cost estimate will be prepared fo the selected alignment. 3.6 Preferred Alignment Evaluation: Evaluation Matrix: KPG will prepare an evaluation matrix based on the based on the above bulleted items and the information obtained in Task 3.2 & 3.3. The matrix will be submitted to the City for review and comments. The conceptual alignment options defined as feasible under Task 3.1 will be evaluated based on this matrix.. KPG will meet with City Staff to review KPG s evaluation results. KPG will modify, if required, evaluation matrix and adjust based on City comments and meeting notes. City of Bonney Lake KPG #18197 SR410 Sewer Bottleneck 4 Agenda Packet p.84 of 159

85 EXHIBIT A 3.7 Design Memo: KPG will prepare a design memo for the preferred alignment that includes: Critical project elements such as property right needs, major utility relocations, additional utility investigation needs, phasing requirements, bore pit size requirements, etc. A preliminary plan and profile. Preliminary project cost estimate for selected alignment Describes construction impacts on SR410 Traffic Documents feasibility of providing a sewer by-pass to the 192 nd Ave lift station. Upon completion of the design memo, KPG will prepare a scope and budget for final construction documents. City of Bonney Lake KPG #18197 SR410 Sewer Bottleneck 5 Agenda Packet p.85 of 159

86 EXHIBIT A KPG CONSULTANT COST COMPUTATIONS Client: City of Bonney Lake Project: SR410 Bottle Neck Phase 2 KPG PROJECT NUMBER: DATE: 6-Jan-19 Task No. Task Description Principal Engineering Mgr Sr. Const Mgr Project Engineer Project Surveyor Labor Hour Estimate Design Engineer Resident Engineer Architecture Technician II Project LA Survey Technician CAD Technician Survey Crew I Office Admin Construction Admin Sr. Inspector Sr. Admin Technician Total Hours and Labor Fee Estimate by Task Average Direct Labor Rate $ $ $ $ $ $ $ $ Hours Fee Task 1 - Project Management 1.1 Project Admin. Services $ Project Management 2 2 $ Design Coord. Meetings (2 assumed) $ 1, Design Memo QA/QC 4 $ Misc. phone and coordination 2 2 $ 450 Task Total Task 2 - Limited Topographic Survey $ 3, Survey Control $ Survey Utility Locates 8 8 $ 1, Limited Topographic Survey $ 1, Vert/Horiz location Sewer LS 3 3 $ Right of Way Lines 6 6 $ Lot Lines $ Develop Base Map $ 1,792 Task Total $ 7,439 FEE ESTIMATE Agenda SR-410 Sewer Packet PH2 p.86 Fee of.doc.xlsx 159 1/6/2019

87 EXHIBIT A KPG CONSULTANT COST COMPUTATIONS Client: City of Bonney Lake Project: SR410 Bottle Neck Phase 2 KPG PROJECT NUMBER: DATE: 6-Jan-19 Task No. Task Description Principal Engineering Mgr Sr. Const Mgr Project Engineer Project Surveyor Labor Hour Estimate Design Engineer Resident Engineer Architecture Technician II Project LA Survey Technician CAD Technician Survey Crew I Office Admin Construction Admin Sr. Inspector Sr. Admin Technician Total Hours and Labor Fee Estimate by Task Average Direct Labor Rate $ $ $ $ $ $ $ $ Hours Fee Task 3 - Preliminary Design 3.1 Concept Plan and Profile $ 4, Utility Conflict Review $ 3, Bore Pit Locations $ 2, Bypass Line $ 1, Comparison Cost Estimates $ 2, Preferred Alignment Evaluations $ 3, Design Memo $ 2,812 Task Total Total Labor Hours and Fee $ 21, $ 32,667 Reimbursable Direct Non-Salary Costs Management Reserve Mileage at current IRS rate $ 70 Underground Utility Locates $ 1,000 Total Reimbursable Expense $ 1,070 Management Reserve $0 Total Estimated Budget $33,737 FEE ESTIMATE SR-410 Sewer PH2 Fee.doc.xlsx Agenda Packet p.87 of 159 1/6/2019

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90 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AUTHORIZING A CONTRACT AWARDING THE PROFESSIONAL SERVICES AGREEMENT TO KPG FOR SERVICES TO COMPLETE FINAL DESIGN OF THE 24TH STREET-25TH STREET WATERMAIN REPLACEMENT PROJECT. WHEREAS, in 2013, the City's Public Works Maintenance Staff had identified a leaky watermain within the water system at 24th St E. and 25th St E; and WHEREAS, As part of the contract by Resolution 2343, KPG completed the design for the project in 2014; and WHEREAS, Construction effort for the project was suspended because a lack of funding; and WHEREAS, KPG has submitted a scope of work to complete an updated bid package for the project, in the amount of $23,780.00; and NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Bonney Lake does hereby authorize the Mayor to sign the attached Professional Services Agreement with KPG for project in the amount of $23, Passed by the City Council this 22 nd day of January, Neil Johnson, Jr., Mayor AUTHENTICATED: Harwood T. Edvalson, City Clerk APPROVED AS TO FORM: Kathleen Haggard, City Attorney Agenda Packet p.90 of 159

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115 City of Bonney Lake, Washington City Council Agenda Bill (AB) Department/Staff Contact: Executive / Gary Leaf Meeting/Workshop Date: 22 January 2019 Agenda Bill Number: AB19-02 Agenda Item Type: Resolution Ordinance/Resolution Number: 2704 Sponsor: Agenda Subject: Fennel Creek Trail Full Title/Motion: A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing Supplemental Agreement No. 7 To Its Agreement With Parametrix For Fennel Creek Trail Segment 2 Design. Administrative Recommendation: Approve Background Summary: On 12/12/2017 Council agreed to increase our contract with Parametrix for Fennel Creek Trail Segment 2 design to $900, due to increased trail width required by WSDOT. NEPA is awaiting final approval from WSDOT so final plans can be submitted for approval which is expected Spring The last pre-construction item is right-of-way acquisition. When Parametrix prepared the design contract in 2015, the City expected acquiring seven parcels. The selected trail route will requires acquiring eleven parcels. This change, together with increased overall costs, will increase consultant acquisition costs by $30,049.69, thereby increasing our design contract amount with Parametrix to $930, This scope of work assumes 6 appraisals will be needed, and the remaining 5 will utilize "administrative settlements" which can be used when property values are less than $25,000. Property owners have the option of asking for appraisals when not required, increasing City consulting costs. If negotiations fail and condemnation is required, there will be additional costs to the City, including filing fees and the cost of condemnatin proceedings. This contract covers consulting only and does not include property purchase prices, title reports, or recording or escrow fees. Attachments: Proposed scope and budget, resolution. Budget Amount $220,000 Current Balance $220,000 BUDGET INFORMATION Required Expenditure $30, Budget Balance $189, Fund Source General Utilities Other Budget Explanation: Park CIP Fund 302 projected Parametrix design cost estimate carryover from 2018 COMMITTEE, BOARD & COMMISSION REVIEW Council Committee Review: Finance Committee Date: 22 January 2019 Approvals: Chair/Councilmember Yes No Councilmember Councilmember Forward to: Consent Agenda: Yes No Commission/Board Review: Hearing Examiner Review: Workshop Date(s): Meeting Date(s): COUNCIL ACTION Public Hearing Date(s): Tabled to Date: APPROVALS Director: Mayor: Date Reviewed Standard Agenda Packet p.115 of 159 Version Feb. 2018

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117 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AUTHORIZING SUPPLEMENT NO. 7 TO ITS AGREEMENT WITH PARAMETRIX FOR FENNEL CREEK TRAIL SEGMENT 2 DESIGN. WHEREAS, the City received a Federal grant to assist with the expense of the design of and pre-construction activities for a 1.5 mile segment of the trail between the Safe Routes Trail and veterans Memorial Drive; and WHEREAS, Parametrix was selected to assist the City with design of this segment of trail including NEPA documentation, environmental permitting, and right-ofway acquisition; and WHEREAS, additional consulting effort is required to complete the necessary work for the right-of-way phase due to an increase in the number of parcels needed; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, WASHINGTON HEREBY RESOLVES AS FOLLOWS: That the City of Bonney Lake Council does hereby authorize the Mayor to sign Supplement No. 7 to its agreement with Parametrix to complete Fennel Creek Trail Segment 2 Design. PASSED BY THE CITY COUNCIL this 22 nd day of January, AUTHENTICATED: Neil Johnson, Jr., Mayor Harwood T. Edvalson, City Clerk APPROVED AS TO FORM: Kathleen Haggard, City Attorney Agenda Packet p.117 of 159

118 ... ::7: Washington State 'f/1 Deparbnent of Transportation Organization and Address Parametrix, Inc. Supplemental Agreement Number th Avenue SE, Suite 100 Puyallup, WA Original Agreement Number LA 8394 Phone: Project Number Execution Date Completion Date /27/2015 1/31/2020 Project Title New Maximum Amount Payable Fennel Creek Trail - Segment 2 $ 930, Description of Work Segment 2 will continue the Fennel Creek Trail North from the Willowbrook neighborhood to Veterans Memorial Drive. It will provide a pedestrian and bicycle corridor connecting the residential neighborhoods along Angeline Road to the City's Midtown Center. The Local Agency of _C_ity..._o_f_B_o_nn.ey. L_ak_e desires to supplement the agreement entered into with Parametrix, Inc ' and executed on 1/27/2015 and identified as Agreement No. LA 8394 All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 1, SCOPE OF WORK, is hereby changed to read: See atracbed Scope of Work: from I Tnivecsal field Services (T TES) Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read:.._.n..,.o... c... b a...,ng'""'e.. Section V, PAYMENT, shall be amended as follows: Previous Maximum Amount Payable - $9QQ plus Supplement 7 OTES additional budget estimate atracbed) - $30, = New Maximum Amrnmt Payable - $930, as set forth in the attached Exhibit A, and by this reference made a part of this supplement. If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces below and return to this office for final action. II Ill By: By: City af Baooey T.ake Approving Authority Signature DOT Form EF Revised 9/2005 Date Agenda Packet p.118 of 159

119 December 3, 2018 City of Bonney Lake Fennel Creek Trail Phase II Scope of Work Right of Way Acquisition Services Currently there are federal funds participating in the project, particularly in the right of way phase. Therefore, Right of Way Acquisition services shall be provided by Universal Field Services, Inc. (UFS) applying the CITY s WSDOT approved Right of Way Acquisition procedures, the federal Uniform Relocation Assistance and Real Property Acquisitions Policies Act (URA), the Washington Administrative Code (WAC) Uniform Relocation Assistance and Real Property Acquisition, and the Washington State Department of Transportation (WSDOT) Local Agency Guidelines Manual, Section 25 - Right of Way Procedures. The real property rights to be acquired from each parcel under this scope of work are identified in Table A below. Additional parcels or real property rights other than shown therein will require an amendment to this scope of work. In summary, this scope of work includes the acquisition of real property rights from up to eleven (11) separate tax parcels of real property. There are no relocations of residents, business or personal property anticipated with this project. This scope of work is based on the following: 1.) Discussions with Parametrix staff. 2.) Review of limited public on-line information (mapping / ownership information) 3.) Right of Way plans have not been provided. Work Elements: Preparation and Administration - Discuss, strategize and plan overall process with project team. Attend project kickoff meeting with City and Parametrix staff. Attend up to four (4) progress meetings City office. Provide up to 12 monthly progress reports. Coordinate with City the use of approved acquisition documents. Prepare parcel files to include fair offer letters, recording and ancillary documents, a standard diary form indicating all contacts with owner(s), and other items necessary for negotiations. Title/Ownership Review - Perform reviews of existing right of way and ownership information. Review special exceptions described in each title report to determine the City s acceptance of title at closing. Provide the City with a parcel summary memo listing ownerships, title exceptions, etc. Public Outreach Provide sample introductory letter to City. Coordinate and attend up to eleven (11) one-on-one early onsite meetings with property owners or their representative(s), and Parametrix design staff. These meetings are intended for information gathering purposes such as: building rapport with property owners, understanding their concerns for design considerations, etc. Project Funding Estimate A Project Funding Estimate (PFE) will be prepared in accordance with the City s WSDOT approved Right of Way Acquisition procedures, the federal Uniform Relocation Assistance and Real Property Acquisitions Policies Act (URA) and WSDOT s Local Agency Guidelines Section 25 (Right of Way Procedures). Generally, the PFE is a tool to be used for confirming estimated Right of Way costs and primarily for consideration of utilizing the Appraisal Waiver process when the estimated just compensation to property owners is at or below the City s WSDOT approved Appraisal Waiver limit (currently $25,000) and when the acquisition is uncomplicated. As part of the PFE, individual parcel worksheets will be prepared to estimate the amount of just compensation using comparable sales data determined by the project appraiser and information obtained from Right of Way 1 of 4 Agenda Packet p.119 of 159

120 plans. All parcel worksheets will be combined into a project summary worksheet for review by the City. The PFE must be completed in order to take advantage of the City s approved Appraisal Waiver process. Parcels that qualify for the Appraisal Waiver process, the individual parcel worksheets described above will be converted to Administrative Offer Summary (AOS) worksheets in-lieu of Appraisals. Offers to property owners that are based on AOS worksheets are considered Administrative offers. It is assumed up to five (5) AOS worksheets will be required. Total number of AOS worksheets is subject to change based on project design revisions, confirmation of the larger parcels during the Project Funding Estimate (PFE) process, completion of the Right of Way plans, etc. FHWA Funds Authorization for ROW Shortly after the Right of Way Plans and the PFE have been submitted to WSDOT and assuming NEPA clearance has been obtained, the CITY would typically receive a letter from FHWA through WSDOT Highways and Local Programs authorizing the use of federal funds to acquire Right of Way. This letter of authorization is required in order for the CITY to receive federal funding participation and reimbursement for costs incurred with Appraisal, Appraisal Review and Acquisition Negotiations services. Appraisal & Appraisal Review Upon completion of the PFE, UFS will coordinate with the CITY to determine which parcels will require Appraisal and Appraisal Reviews. Universal will subcontract and manage the Appraisal and Appraisal Review process with appraisal firms previously qualified by WSDOT and certified by the State of Washington. Appraisal reports and the PFE will be completed by the same Appraiser. The Appraisal reports will be prepared in accordance with the Uniform Standards of Professional Appraisal Practices, Washington State Department of Transportation (WSDOT) Local Agency Guidelines, current WSDOT Right of Way Manual (in particular, Chapters 4 and 5), and the URA. Appraisal scope of work and expenses thereof for specialty studies of hazardous materials, septic system repair / design costs, equipment appraisals, timber cruising, etc., are excluded. It is assumed properties to be appraised are clean of hazardous materials. It is assumed up to six (6) Appraisal and Appraisal Review reports will be required. Total number of Appraisals and Appraisal reviews is subject to change based on project design revisions, confirmation of the larger parcels during the Project Funding Estimate (PFE) process, completion of the Right of Way plans, and at the request of property owners when administrative offers (offers based on AOS worksheets in-lieu of Appraisal) are presented. Note: Property owners must be informed if the offer is not based on an Appraisal and that one will be prepared if requested. If the property owner elects, an appraisal report must be completed and a revised offer considered. This requirement may have an impact on the approved right of way budget and project schedule. Acquisition Negotiation - Upon completion of all real property owner valuations, UFS will promptly coordinate with the CITY to obtain written approvals of just compensation prior to making any offers to property owners. Acquire various combinations of real property rights including: fee simple, permanent easements and temporary construction easements from up to a total of eleven (11) parcels as shown in Table A below. Additional parcels or real property rights other than those shown in Table A will require an amendment to this scope of work. Negotiations to include: Negotiate with each property owner and/or their representative in accordance with statutory and regulatory requirements; Coordinate administrative settlement approvals with the City; Negotiate as necessary with lien holders, assisting escrow in the closing process; Prepare and maintain parcel files to include fair offer letters, acquisition documents, a standard diary form indicating all contacts with owner(s), and other items necessary for negotiations. Negotiations shall not be Agenda Packet p.120 of 159

121 December 3, 2018 deemed to have failed until at least three significant meaningful contacts have been made and documented with each owner and/or their representative through direct personal contacts. Out-ofarea owner(s) will be contacted by telephone and by certified mail. If negotiations reach an impasse, provide the City with written notification. The filing and cost of condemnation proceedings shall be the responsibility of the City. Relocation No relocation assistance and advisory services are anticipated on this project. Parcel Closeout Escrow Closing - Upon securing required acquisition agreements, UFS will submit the necessary acquisition documents and closing instructions to the designated Title/Escrow Company. Work with the Title/Escrow Company in order to obtain release documentation from the encumbrance(s) of public record that are not acceptable to the City to provide clear title to the property being acquired, subject to the City s title clearing guidelines. The Escrow Company shall prepare and obtain the owner(s) signature on the necessary closing documents. UFS will coordinate signatures on closing documents for submittal to the City and payment(s) to the owner(s), coordinate with the Escrow/Title Company in filing documents with Pierce County, and deliver completed files to the City. Right-of-Way Certification Since there are federal funds participating in the project, Right of Way Certification will be coordinated and completed through WSDOT. Right of Way acquisition and relocation files will be prepared and completed to the satisfaction of a WSDOT Right of Way review to support federal aid participation. UFS will further coordinate right of way activities with WSDOT s Local Agency Coordinator, Ms. Dawn Fletcher, as needed throughout the project. Note: Right of Way plans will be reviewed and approved by the City. Additional Work - If other tasks are required to be performed or there are changes in pertinent information or if negotiations exceed the industry standard for a good faith effort to negotiate (three in-person landowner contacts), UFS reserves the right to request additional compensation as Added Work. UFS shall not be responsible for delays caused beyond its control. Note: TABLE A Parcel # Tax # Owner Fee PTE TCE Appraisal AOS Crystal Meadows X X X Kevin Lee X X X Judy Eagle X X X Patrick McAtee X X X BHM Properties, LLC X X X Jewel & Bruce X X X Kenneth Clay X X X Kenneth Clay X X X Johnson X X Bernecker X X X Copperfield Estates X X X PTE = Permanent Trail Easement; TCE = Temporary Construction Easement; AOS = Administrative Offer Summary 3 of 4 Agenda Packet p.121 of 159

122 CITY / Parametrix will be responsible for and provide the following: 1. Preliminary Commitments (Title Reports) for all parcels impacted. If requested, UFS will order title reports or any updates. The title company will bill the CITY or Parametrix directly for each report. 2. Approve designation of the escrow company used for this project. The escrow company will bill the CITY directly for all escrow services provided. 3. Right of Way Plans and Drawings, Maps, Exhibits, Right of Way Staking, etc., as necessary. 4. Legal descriptions in electronic format for all real property rights to be acquired. 5. Form approval, in electronic format, of all legal conveyance documents prior to use (i.e. offer letters, purchase and sale agreements, escrow instructions, easements, deeds, leases and permits). 6. Review and approval of all determinations of value, established by the project appraisers, and provide written authorization prior to offers being made to property owners. 7. Payment of any and all compensation payments to property owners, escrow services, recording fees, legal services and any incidental costs which may arise necessary to complete each transaction. 8. Contact information with property owners to date as well as ongoing direct contacts throughout the project. 9. Right of Way plans will be reviewed and approved by the City. Assumptions: Federal funds participating in the project. Up to six (6) Appraisal and Appraisal Review reports will be required. (See Table A) Up to five (5) Administrative Offer Summary worksheets will be required. (See Table A) Relocation services excluded from this scope of work. Deliverables: Attend one kickoff meeting city office Administrative title / ownership reviews, prepare acquisition documents, team coordination as needed. Provide up to twelve (12) monthly progress reports Attend up to eleven (11) one-on-one early onsite meetings with property owners. Prepare Project Funding Estimate (PFE) Six (6) Appraisal & Appraisal Review reports Five (5) Administrative Offer Summary Worksheets Acquisition Negotiation Services with owners of up to eleven (11) separate parcels. Up to eleven (11) completed parcel files and records for all Right of Way Acquisition services Attend up to four (4) progress meetings City office Agenda Packet p.122 of 159

123 ----- ~... ~ ~~ ~l~ld HIWICH. l"c UNJ;VE:R.SAL UFS Additional Budget Request Original authorized amount $65, Amount required to complete work $94, Less paid to date Less authorized remaining 64, Total authorized remaining $64, Total additional requested $30, Agenda Packet p.123 of 159

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125 City of Bonney Lake, Washington City Council Agenda Bill (AB) Department/Staff Contact: Executive / Leslie Harris Agenda Item Type: Resolution Meeting/Workshop Date: 22 January 2019 Ordinance/Resolution Number: 2705 Agenda Bill Number: AB19-03 Sponsor: Agenda Subject: Authorize a Limited Public Works Contract with Building Control Systems, Inc. for the expansion of the building card access system at the Justice & Municipal Center. Full Title/Motion: A Resolution Of The City Council Of The City Of Bonney Lake, Pierce County, Washington, Authorizing A Limited Public Works Contract With Building Control Systems, Inc. For The Expansion Of The Building Card Access System At The Justice & Municipal Center. Administrative Recommendation: Approve Background Summary: In 2018, the City received a number of proposals and contracted with Building Control Systems to purchase and install a card access system. Due to buget restrictions, there was not sufficient budget to card every JMC door in The initial key card purchase included the installation of 12 card reader doors, with the idea of expanding to additional doors when funding is available. The 2019 budget includes funding to extend the existing building card access system to the remaining doors identified to receive card readers at the Justice & Municipal Center. Installing a key card access system to the JMC has been a council and administartion goal for several years. This will help secure the building, its assets, and identify who is accessing the building. Attachments: Resolution 2636, Limited Public Works Contract with Attachments Budget Amount $34, BUDGET INFORMATION Current Balance Required Expenditure $35, Budget Balance Fund Source General Utilities Other Budget Explanation: Contract $32, % Contingency for a Total of $35, Fund 320. COMMITTEE, BOARD & COMMISSION REVIEW Council Committee Review: Finance Committee Date: 8 January 2019 Approvals: Chair/Councilmember Randall McKibbin Councilmember Dan Swatman Councilmember Tom Watson Forward to: City Council Meeting 22 January 2019 Commission/Board Review: Hearing Examiner Review: Consent Agenda: Yes No Yes No Workshop Date(s): Meeting Date(s): COUNCIL ACTION Public Hearing Date(s): Tabled to Date: Director: John Vodopich APPROVALS Mayor: Neil Johnson Jr. Date Reviewed by City Attorney: (if applicable) Agenda Packet p.125 of 159 Version Feb. 2018

126 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AUTHORIZING A CONTRACT WITH BUILDING CONTROL SYSTEMS, INC. FOR THE EXPANSION OF THE BUILDING CARD ACCESS SYSTEM AT THE JUSTICE AND MUNICIPAL CENTER. WHEREAS, in 2018, the City of Bonney Lake awarded a contract with Building Control Systems for the purchase and installation of a building card access system at the Justice & Municipal Center; and WHEREAS, due to budget restrictions, there was not sufficient budget to card every door at the Justice & Municipal Center in 2018; and WHEREAS, in 2019, the City budgeted funds to extend the existing building card access system to the remaining doors identified to receive card readers at the Justice & Municipal Center; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: That the City of Bonney Lake Council does hereby authorize the Mayor to sign the attached Limited Public Works Contract with Building Control Systems, Inc. for the expansion of the building card access system in the amount of $32, BE IT FURTHER RESOLVED that the City of Bonney Lake Council does hereby authorize a 10% contingency ($3,271.89) based on the contract award amount. PASSED BY THE CITY COUNCIL this 22 nd day of January, AUTHENTICATED: Neil Johnson, Jr., Mayor Harwood T. Edvalson, City Clerk APPROVED AS TO FORM: Kathleen Haggard, City Attorney Agenda Packet p.126 of 159

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144 RESOLUTION NO A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, PIERCE COUNTY, WASHINGTON, AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH RH2 ENGINEERING TO UPDATE THE WATER SYSTEM PLAN TO WHEREAS, the City Council passed Ordinance 1341 on December 22, 2009 adopting the 2009 Comprehensive Water System Plan; and WHEREAS, the Water Use Efficiency (WUE) permit given by the Department of Health expired on January 22, 2014; and WHEREAS, the Department of Health has issued an extension of the WUE permit with the understanding that the City will be updating the water system plan in the year 2015; and WHEREAS, the City s Comprehensive Water System Plan is referenced in the City Comprehensive Plan; and WHEREAS, the City Council approved Resolution 2426 for the water system plan update contract with RH2 Engineering on October 28 th, 2014; and WHEREAS, the City of Council approved Resolution 2586 to address the review letter from Department of Drinking received February 14, 2017 and update the City s Comprehensive Water Plan to current 2017 information, and WHEREAS, City staff believes it is prudent to update the current water system plan since over four years have passed since the water system plan was begun; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BONNEY LAKE, WASHINGTON HEREBY RESOLVES AS FOLLOWS: That the City of Bonney Lake City Council does hereby authorize the Mayor to sign the attached professional services agreement with RH2 Engineering in the amount of $66,700. PASSED BY THE CITY COUNCIL this 22 nd day of January, Neil Johnson, Jr., Mayor Agenda Packet p.144 of of 2

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