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Final Agenda Packet
AGENDA City Council Regular Meeting 7:00 PM - Monday, June 11, 2018 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE 2. ROLL CALL 3. SPECIAL PRESENTATION a) City's Website Update 4. ADMINISTRATIVE REPORT 5. AUDIENCE COMMENTS • Speakers must sign-up prior to the Council meeting. • Each speaker is allowed five minutes. • When recognized, please state your name & city of residence for the record. NOTICE to all participants: Pursuant to state law, RCW 42.17A.555, campaigning for any ballot measure or candidate in City Hall and/or during any portion of the council meeting, including the audience comment portion of the meeting, is PROHIBITED. 6. CONSENT AGENDA The following items are distributed to Councilmembers in advance for study and review, and the recommended actions will be accepted in a single motion. Any item may be removed for further discussion if requested by a Councilmember. a) Approval of Council Meeting minutes of June 4, 2018. Council Concur b) AB - 2148 Mayor Law appoints Bruce McIntyre to the City Center Community Plan Advisory Board for a five-year term expiring on 4/30/2023. Refer to Planning & Development Committee c) AB - 2159 Utility Systems Division submits CAG-16-160, Highlands Generator Replacement and Radio Equipment Relocation, contractor Colvico, Inc., and requests acceptance of the project and release of the retainage bond after 60 days, once all the required releases are obtained. Council Concur d) AB - 2160 Utility Systems Division recommends approval of the Fourth Amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement with Segale Properties, LLC, which renews the City's temporary easement for an additional five years in exchange for declaring the monetary value of service provided by temporary easement to the City is equal to the amount of the Surface Water Utility fees to the Segale property, located on Monroe Ave NE just south of NE 4th St. Refer to Utilities Committee e) AB - 2161 Utility Systems Division recommends adoption of a resolution declaring an emergency for the purpose of completing necessary improvements to the Kennydale Lakeline sewer system to prevent potential substantial sanitary sewer overflows into Lake Washington and the adjacent properties served by the system. Council Concur 7. UNFINISHED BUSINESS Topics listed below were discussed in Council committees during the past week. Those topics marked with an asterisk (*) may include legislation. Committee reports on any topics may be held by the Chair if further review is necessary. a) Finance Committee: Vouchers, Dept. of Ecology Grant for Shoreline Master Program b) Public Safety Committee: Vehicle Impoundment and Redemption Code Amendment 8. LEGISLATION Resolution: a) Resolution No. 4345: Declaring an Emergency for the purposes of replacing/repairing the Kennydale Lakeline Sewer System. (See Item 6.e) Ordinance for first reading: a) Ordinance No. 5856: Amending & Clarifying RMC 10-5 - Impoundment & Redemption of Vehicle Regulations (Vehicle Impound Code) (See Item 7.b) 9. NEW BUSINESS (Includes Council Committee agenda topics; visit rentonwa.gov/cityclerk for more information.) 10. ADJOURNMENT COMMITTEE OF THE WHOLE MEETING AGENDA (Preceding Council Meeting) 5:30 p.m. - 7th Floor - Council Chambers Hearing assistance devices for use in the Council Chambers are available upon request to the City Clerk CITY COUNCIL MEETINGS ARE TELEVISED LIVE ON GOVERNMENT ACCESS CHANNEL 21 To view Council Meetings online, please visit rentonwa.gov/councilmeetings June 4, 2018 REGULAR COUNCIL MEETING MINUTES MINUTES City Council Regular Meeting 7:00 PM - Monday, June 4, 2018 Council Chambers, 7th Floor, City Hall – 1055 S. Grady Way CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Law called the meeting of the Renton City Council to order at 7:00 PM and led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Ed Prince, Council President Randy Corman Ryan McIrvin Carol Ann Witschi Councilmembers Absent: Ruth Pérez Armondo Pavone Don Persson MOVED BY PRINCE, SECONDED BY MCIRVIN, COUNCIL EXCUSE ABSENT COUNCILMEMBERS PAVONE, PERSSON, AND PÉREZ. CARRIED. ADMINISTRATIVE STAFF PRESENT Denis Law, Mayor Robert Harrison, Chief Administrative Officer Shane Moloney, City Attorney Jason Seth, City Clerk Chip Vincent, Community & Economic Development Administrator Gregg Zimmerman, Public Works Administrator Commander Dave Leibman, Police Department PROCLAMATION a) Secure Your Load Week: A proclamation by Mayor Law was read declaring June 6 - 12, 2018 to be "Secure Your Load Week" in the City of Renton, encouraging all citizens to give serious consideration to their safety and the safety of others when transporting materials in their vehicle on our roadways. Robin Abel accepted the proclamation with appreciation. Mayor Law added that the Police Department will be performing emphasis patrols on secured loads this week. MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CONCUR IN THE PROCLAMATION. CARRIED. AGENDA ITEM #6. a) June 4, 2018 REGULAR COUNCIL MEETING MINUTES ADMINISTRATIVE REPORT Chief Administrative Officer Robert Harrison reviewed a written administrative report summarizing the City’s recent progress towards goals and work programs adopted as part of its business plan for 2018 and beyond. Items noted were: Please join us tomorrow, Tuesday, June 5th, at the Piazza Park in downtown Renton as Mayor Law officially rings the opening bell at 3:00 p.m. to kick off the 17th season of the Renton Farmers Market. The market will be filled with fresh flowers and a bounty of farm fresh produce this and every Tuesday from 3:00 p.m. until 7:00 p.m., June 5th through September 25th in the beautiful Piazza Park, located in Downtown Renton at the corner of South 3rd Street and Burnett Avenue South. In addition to market fare, shoppers will enjoy live music, tips from Master Gardeners, cooking demonstrations, and children’s activities. New this season, Logan Avenue South will be closed between Piazza Park and Gateway Park, making it that much easier to cross the street to get to our food trucks, children’s activities, special events, and live music from buskers at Market West! And we are proud to continue our Fresh Bucks incentive program, which offers a now unlimited dollar-for-dollar match to be used on fresh produce for our SNAP shoppers. The Surface Water Utility challenges residents to take on their personal pollution because small actions make a big difference. If everyone in Puget Sound cut back on a quarter pound of outdoor pollution – about the size of an apple – over one million pounds of pollution per year would be kept out of our waterways where people and fish swim and play. Take a survey to tell us how you prevent pollution and receive a Chinook Book smartphone app with coupons to save hundreds of dollars at local businesses including Bartell Drugs, Pet Pros, Grocery Outlet, and more. Visit rentonwa.gov/pugetsoundstartshere to take the survey. It’s your last chance to complete the online survey about plastic bag use. The Solid Waste Utility’s “Bring Your Own Bag” (BYOB) campaign ends soon. This campaign is an effort to reduce plastic bag use and litter throughout the city. The public is encouraged to bring reusable bags when shopping and complete an online survey about plastic bag use. The survey is available at surveymonkey.com/r/PlasticBagRenton through June 6th. Questions may be directed to Solid Waste Senior Program Specialist Jina Kim at Jkim@rentonwa.gov or by calling 425-430-7391. Preventative street maintenance will continue to impact traffic and result in occasional street closures. Additionally, Mayor Law expressed appreciation to the volunteers who donated time to work on the City's Citizen Advisory Committee for Parks, Trails, and Community Facilities. He also thanked City staff for their hard work drafting a recommendation to Council to help support and sustain the City's parks and trails systems. He noted that Council will deliberate the Committee’s recommendation next week. AGENDA ITEM #6. a) June 4, 2018 REGULAR COUNCIL MEETING MINUTES AUDIENCE COMMENTS Gary Williamson, Renton, voiced concern regarding the responsiveness of aid unit departing from Fire Station 12. He also expressed disappointment in the responses he received from the Renton Regional Fire Authority (RRFA) regarding the responsiveness of Fire Station 12. Mayor Law indicated the administration would follow up with RRFA Chief Rick Marshall. Diane Dobson, Renton, noted that many residents of the new apartment building located on S 2nd St and Main Ave S are utilizing free City parking instead of paying the monthly fees associated with the building's onsite parking. She explained that if this continues as more apartment complexes are built in the downtown core, there will be fewer parking spaces for other residents to shop, eat, and play in downtown. She also noted that many of the new residents are allowing their pets to relieve themselves in nearby parks and trails, adding that owners often do not clean up after their pets. She suggested making the new apartments provide pet relief spaces for their residents. CONSENT AGENDA Items listed on the Consent Agenda were adopted with one motion, following the listing. a) Approval of Council Meeting minutes of May 21, 2018. Council Concur. b) AB - 2155 Mayor Law reappointed Al Dieckman to the Parks Commission for a term expiring June 1, 2022. Council Concur. c) AB - 2158 City Clerk submitted a 60% Direct Petition to Annex for the proposed Wolf Woods Annexation, and recommended a public hearing to consider the petition and potential zoning of the area be set for June 25, 2018; 8-acres bordered approximately by NE 20th St to the north, Nile Ave NE to the east, NE 18th St to the south, and Ilwaco Ave NE to the west. Council Concur; Set Public Hearing on 06/25/2018. d) AB - 2156 Transportation Systems Division recommended approval of Amendment No. 10 to lease agreement LAG-10-001, with the Boeing Company, for an automatic lease rate adjustment that will increase the annual leasehold amount by $165,181.85 and accounts for the collection of rent retroactive to June 1, 2016. Refer to Transportation (Aviation) Committee. MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL CONCUR TO APPROVE THE CONSENT AGENDA, AS PRESENTED. CARRIED. NEW BUSINESS Please see the attached Council Committee Meeting Calendar. Councilmember McIrvin noted that he would like to place an ordinance regarding a moratorium in the CA (Commercial Arterial) zone on tonight's agenda in order to allow staff time to review the appropriateness of townhomes and other uses in the CA zone. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL AMEND THE AGENDA TO ADD AN ORDINANCE FOR FIRST AND ADVANCEMENT TO SECOND AND FINAL READING REGARDING A ZONING MORATORIUM UNDER ADDED LEGISLATION TO THIS EVENING'S AGENDA. CARRIED. AGENDA ITEM #6. a) June 4, 2018 REGULAR COUNCIL MEETING MINUTES ADDED LEGISLATION Ordinance for first reading and advancement to final reading and adoption: a) Ordinance No. 5883: An Ordinance of the City of Renton, Washington, was read establishing a Moratorium on accepting applications for Residential Development in the form of Townhouses within the CA (Commercial Arterial) Zone, setting forth findings of fact in support of said Moratorium, providing for severability, declaring an emergency and establishing an immediate effective date. MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL ADVANCE THE ORDINANCE FOR SECOND READING AND ADOPTION. CARRIED. Following a second and final reading of the above-referenced ordinance, it was MOVED BY MCIRVIN, SECONDED BY PRINCE, COUNCIL ADOPT THE ORDINANCE AS READ. ROLL CALL: ALL AYES. CARRIED. ADJOURNMENT MOVED BY PRINCE, SECONDED BY CORMAN, COUNCIL ADJOURN. CARRIED. TIME: 7:24 P.M. Jason A. Seth, CMC, City Clerk Jason Seth, Recorder Monday, June 4, 2018 AGENDA ITEM #6. a) Council Committee Meeting Calendar June 4, 2018 June 11, 2018 Monday 4:00 PM Finance Committee, Prince – Council Conference Room 1. Dept. of Ecology Grant for Shoreline Master Program 2. Vouchers 3. Emerging Issues in Revenue Streams 5:00 PM Public Safety Committee, Vice-chair Corman – Council Conference Room 1. Vehicle Impoundment and Redemption Code Amendment 2. Emerging Issues in Public Safety 5:30 PM Committee of the Whole, Chair Prince – Council Chambers 1. Family First Community Center Update 2. CAC Recommendation Deliberation AGENDA ITEM #6. a) AB - 2148 City Council Regular Meeting - 11 Jun 2018 SUBJECT/TITLE: Appointment to City Center Community Plan Advisory Board RECOMMENDED ACTION: Refer to Planning & Development Committee DEPARTMENT: Executive STAFF CONTACT: April Alexander, Executive Assistant EXT.: 6520 FISCAL IMPACT SUMMARY: None SUMMARY OF ACTION: Mayor Law appoints Mr. Bruce McIntyre to the City Center Community Plan Advisory Board for a five -year term expiring 4/30/23. EXHIBITS: A. Recommendation Memo B. Application-Bruce McIntyre STAFF RECOMMENDATION: Confirm Mayor Law's appointment of Mr. McIntyre to the City Center Community Plan Advisory Board for a five-year term expiring 4/30/23. AGENDA ITEM #6. b) DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT M E MORAN D U M DATE:April 9,2018 TO: : Denis Law,Mayor JJfZ) FROM C E “Chip”Vincent,CED Administrator SUBJECT:Appointment to the City Center Community Plan Advisory Board:Bruce Mcintyre The City Center Community Plan Advisory Board currently has a position that has been vacated by Sybil Turner,who has stepped down due to work commitments.Sybil had served as a representative of the South Renton neighborhood on the Advisory Board. Staff is recommending Bruce Mcintyre be appointed to the Board.He is a resident of the South Renton neighborhood and his dedication to the betterment of the City Center Community Planning Area will be of great benefit to the Advisory Board. I recommend Bruce McIntyre be appointed to the vacant position on the City Center Community Plan Advisory Board,expiring April 30,2023. h:\ced\pianning\community planning\city center\advisory board\appointments &reappointments\appointment memo -bruce mcintyre.docx AGENDA ITEM #6. b) April Alexander From:notiflcation@civiclive.com Sent:Wednesday,May 30,2018 1:56 PM To:April Alexander Subject:Application for Boards/Commissions/Committees 2018-05-30 01:55 PM(PST)Submission Notification Application for BoardslCommissionslCommittees 2018-05-30 01:55 PM(PST)was submitted by Guest on 5/30/2018 4:55:43 PM (GMT-08 :00)Canada/Pacific Name Value Airport Advisory Committee* Civil Service Commission* Community Plan Advisory Board -Benson Hill Community Plan Advisory Board -City Center HistoricaL’1’1useum Board* Housing Authority* Human Services Advisory Committee* Library Advisory Board* Municipal Arts Commission* Parks Commission* Planning Commission* Senior Citizens Advisory Committee* Sister City Committee -Cuautla Sister City Committee -Nishiwaki Gender Mr. Name Bruce 0.McIntyre Address:”J[A - - Emai’f1 1 1 PhoneIL_.f AltPhone: Resident Yes ResidentSincZ •—Rt formerresidence LL Ii. EducationBackground L -ILL’“‘lJjf FlU OccunationalBackround ‘iJ1 Iuni.J.or Employer:13s CommunityActivities Renton downtown civic core advisory conmiittee Reasonforapplying City Center Community Plan Advisory Board Day Meetings Day Meetings Night Meetings Night Meetings To view this form submission online,please follow the link below: 1 AGENDA ITEM #6. b) AB - 2159 City Council Regular Meeting - 11 Jun 2018 SUBJECT/TITLE: Project Acceptance and Approval of Final Pay Estimate for Highlands Generator Replacement and Radio Equipment Relocation Project CAG-16-160 with Colvico, Inc. RECOMMENDED ACTION: Council Concur DEPARTMENT: Utility Systems Division STAFF CONTACT: Abdoul Gafour, Water Utility Engineering Manager EXT.: 7210 FISCAL IMPACT SUMMARY: The original contract amount was $461,980.50 and the final contract amount is $478,826.53. The incr ease of $16,846.03 is due to change orders for $13,912.26 and from an increase in state sales tax from 9.5% to 10% in the amount of $2,933.77. There is sufficient funding in the 2018 Water Utility Capital Improvement Program budget (425.455597) to cover the increase in contract cost. SUMMARY OF ACTION: The Highlands Generator Replacement and Radio Equipment Relocation Project CAG-16-160 construction contract was awarded to Colvico, Inc. on December 5, 2016. The contractor started construction on January 25, 2017 and substantially completed the contract work on September 20, 2017. The contractor completed all punch list items and provided the city with the operation and maintenance manual and record drawings on May 20, 2018. The project consisted of: • Installation of a new electrical generator with fuel tank and outdoor shelter for the Highlands pump station and reservoir site. • Removal of the old generator, radio equipment buildings and antennas. • Removal of several fir trees and site landscaping. During the project the following change orders in the amount of $16,846.03 were issued: • Change Order No. 1 for unanticipated field changes such as tree removal and removal of concrete foundations of old buildings. • Change Order No 2 for installation of additional fiber optic conduits and cables. EXHIBITS: A. Final Pay Estimate No. 4 B. Notice of Completion of Public Works Contract STAFF RECOMMENDATION: Accept the Highlands Generator Replacement and Radio Equipment Relocation project, approve the final pay estimate and authorize the release of the retainage bond after 60 days once all the required releases from the state have been obtained. AGENDA ITEM #6. c) FINANCEDIRECTORFROM:PUBLICWORKSADMINISTRATORCONTRACTOR:Colvico,IncCONTRACTNO.#CAG-16-160PO#18/0002013ESTIMATENO.4andFinalWTR-27-03759ClosingDate:04/27/2018PROJECT:HighlandsGeneratorReplacementandRadioEquipmentRelocation1.CONTRACTOREARNINGSTHISESTIMATE$25,860.002.SALESTAX©10.00%$2,586.003.TOTALCONTRACTAMOUNTTHISESTIMATE$28,446.004.EARNINGSPREVIOUSLYPAIDCONTRACTOR$409,952.265EARNINGSDUECONTRACTORTHISESTIMATE$25,860.006.SUBTOTAL-CONTRACTORPAYMENTS$435,812.267.RETAINAGEONPREVIOUSEARNINGSN/A8RETAINAGEONEARNINGSTHISESTIMATEN/A9.SUBTOTAL-RETAINAGEN/A10.SALESTAXPREVIOUSLYPAID$40,428.2711.SALESTAXDUETHISESTIMATE$2,586.0012.SUBTOTAL-SALESTAX$43,014.27GRANDTOTAL:$478,826.53FINANCEDEPARTMENTACTION:PAYMENTTOCONTRACTOR(Lines5and11):ACCOUNT#425.455597.018.594.34.63.001#4$28,446.00Retainagecoveredbybond:BondNo.106660108Issuedby:TravelersCasualtyandSuretyCompanyofAmericaTOTALTHISESTIMATE:$28,446.00CHARTER116,LAWSOF1965CITYOFRENTONCERTIFICATIONI,THEUNDERSIGNEDDOHEREBYCERTIFYUNDERPENALTYOFPERJURY,THATTHEMATERIALSHAVEBEENFURNISHED,THESERVICESRENDEREDORTHELABORPERFORMEDASDESCRIBEDHEREIN,ANDTHATTHECLAIMISAJUST,DUEANDUNPAIDOBLIGATIONAGAINSTTHECITYOFRENTON,ANDTHATIAMAUTHORIZEDTOAUTHENTICABANDCERTIFYTOSAIDCLAIM.Signed:fAXtAVCtOqd‘.12c1l?/1,S)s•/’PrintedOn:05/21/2018CityofRentonPublicWorksDepartmentPage1AGENDA ITEM #6. c) ,c/zr/isWA5/)S1ItPrintedOn:05/21/2018CityofRentonPublicWorksDepartmentPage1Project:HighlandsGeneratorReplacementandRadioEquipmentRetocationContractNumber:CAG-16-0160Contractor:Colvico,IncPayEstimate4ClosingDate:04/27/2018ItemDescriptionUnitEat.UnitPreviousPreviousThisThisTotalTotalNo.QuantityPriceQuantityAmountQuantityAmountQuantityAmount001.Mobilization,Demobilization,SitePreparation&Clean-upLumpSum1$29,200.00002.ConstructionSurveying,StakingandAs-builtsLumpSum1$5,000.00003.DemolitionLumpSum1$27,500.00004.SiteWorkLumpSum1$38,000.00005.TratlicControlLumpSum1$2,500.00006.SiteElectricalLumpSum1$58,200.00007.StructuralLumpSum1$35,500.00008.FinishesLumpSum1$8,000.00009.EquipmentLumpSum1$142,000.00010.ElectricalLumpSum1$63,000.00011.Testing,Startup,Training,O&MManualsLumpSam1$15,000.00CO#1LumpSum1$7,360.58CO#2LumpSumI$6,551.68Subtotal9.5%SalesTas(PE#1)-10%SalesTas(AllotherPE)HTotal0.70$20,440.000.30$8,760.001.00$29,200.000.90$4,500.000.10$500.001.00$5,000.000.71$19,500.000.29$8,000.001.00$27,500.001.00$38,000.000.00$0.001.00$36,000.001.00$2,500.000.00$0.001.00$2,500.000.98$57,100.000.02$1,100.001.00$58,200.001.00$35,500.000.00$0.001.00$35,500.001.00$6,000.000.00$0.001.00$6,000.001.00$142,000.000.00$0.001.00$142,000.001.00$63,000.000.00$0.001.00$63,000.000.50$7,500.000.50$7,500.001.00$15,000.001.00$7,360.58$0.001.00$7,360.581.00$6,551.68$0.001.00$6,551.68$409,952.26$25,860.00$435812.26$40,428.27$2,586.00$43,014.27$450,380.53$28,446.00$478,826.53AGENDA ITEM #6. c) Page1of3StateofWashingtonDepartmentofLabor&IndustriesPrevaiLingWageSection-TeLephone360-902-5335P0Box44540,OLympia,WA98504-4540AffidavitofWagesPaidProjectDetail-ProjectDashboardDocumentReceived5/7/2018IntentDateId806664AffidavitId785897AffidavitStatusApprovedon5/16/2018YourCompanyInformationNameAddressWAUBIno.ContractorRegistrationno.IndustriaLInsuranceAccountIdEmaiLAddressFiLedByProjectInformationAwardingagency:Awardingagencycontact:Awardingagencycontactphonenumber:ProjectDetailsProjectnameCountywhereworkwasperformedCitywhereworkwasperformedJobsiteaddress/directions:PrimecontractornamePrimecontractorregistrationno.Contractno.PrimecontractorPhoneNumberPrimecontractorIntentformId#forthisprojectCOLVICOINC2812NPIUSBURGSPOKANE,WA,99207601009703COLVII*134D653510402scoLvin®colvicoinc.cornCotvin,SommerRENTON,CITYOF1055SGRADYWAYRENTON,WA-98055J.D.WiLson425-430-7295HighLandsGeneratorReplacementandRadioEquipmentRelocationKingRentonHighlandsReservoir3410NE12thSt.Renton,WA98056COLVICOINCCOLVII*134D6CAG-16-160509-536-1875806664https://fortress.wa.gov/lni/wagelookup/AffidavitDetails.aspx05/22/2018AGENDA ITEM #6. c) Page2of3Dollaramountofyourcontract:BidduedateContractawarddateIntentfiteddateJobstartdate:MM-DD-YYYYDateworkcompteted:MM-DD-YYYYProjectCompletionDidyoursubcontractorsperformallworkonthisproject?NoDidyourcompanyhireanysubcontractors?YesDidyourcompanyhaveempLoyeesperformworkonthisYesproject?DidthisprojectutilizeAmericanRecoveryandReinvestmentNoAct(ARRA)funds?Specificatly,didthisprojectutitizeanyweatherizationorNoenergyefficiencyupgradefunds(ARRAorotherwise)?CompanyOwnerInformationHowmanyowner/operatorsperformedworkontheproject0thatown30%ormoreofthecompany?Nocompanyowneradded.AffidavitSubcontractor(s)$461,980.5011/10/201612/5/201612/12/20161/10/20174/11/2018ApprenticeWagesBeginEndIRegBeginHourHourNameIdHoursEndHoursStateWage$Fringe$HoursStep#IIIIIIIIIIIICompanyNameUBILicense#SUNSETAIRINC600240865SUNSEA*220CMKINGSHEETMETALLLC603468632KINGSSM858KKJourneytevelWagesCountyTradeOccupationWagesFringes#WorkersoursKingELectricians-InsideJourneyLevel45.7719.8461850.00KingPowerEquipmentShoveL,Excavator,39.5718.6051206.00OperatorsBackhoes,Tractors:15To30MetricTonsKingCarpentersTradeNameElectricians-InsideCarpenter41.0514.59CountyNameProgram/OccupationNameKingInsideWireman52.00https://fortress.wa.govtlni/wagelookup/AffidavitDetails.aspx05/22/2018AGENDA ITEM #6. c) Page3of3210012000Karic,18865905/23/201709/05/2017WA$21.40$10.64491.00RamizPubticNotesElShow/HideExistingNotesNonoteexistshttps://fortress.wa.gov/Inilwagelookup/AffidavitDetails.aspx05/22/2018AGENDA ITEM #6. c) Page1of2StateofWashingtonDepartmentofLabor&IndustriesPrevaitingWageSection-Tetephone360-902-5335PCBox44540,Otympia,WA98504-4540AffidavitofWagesPaidProjectDetail-ProjectDashboardDocument7/20/2017Intent820819ReceivedDateIdYourCompanyInformationNameAddressWAUBIno.ContractorRegistrationno.IndustriatInsuranceAccountIdEmaitAddressFiledByProjectInformationAwardingagency:Awardingagencycontact:Awardingagencycontactphonenumber:ProjectDetailsProjectnameCountywhereworkwasperformedCitywhereworkwasperformedJobsiteaddress/directions:PrimecontractornamePrimecontractorregistrationno.Contractno.PrimecontractorPhoneNumberPrimecontractorIntentformId#forthisprojectKINGSHEETMETALLLCP0BOX23819TIGARD,OR,97281603468632KINGSSM858KK20102106nancym®kingsheetmeta[.cornMartin,NancyRENTON,CITYOF1055SGRADYWAYRENTON,WA-98055J.D.Wilson425-430-7295HighLandsGeneratorReplacementandRadioEquipmentRelocationKingRentonHighlandsReservoir3410NE12thSt.Renton,WA98056COLVICOINCCOLVII*134D6CAG-16-160509-536-1875806664Affidavit726639AffidavitIdStatusApprovedon7/25/2017https://fortress.wa.gov/lni/wagelookup/AffidavitDetails.aspx05/22/201$AGENDA ITEM #6. c) Page2of2Dollaramountofyourcontract:$9,110.00Bidduedate11/10/2016Contractawarddate12/5/2016IntentfiLeddate5/15/2017Jobstartdate:MM-DD-YYYY4/3/2017Dateworkcompteted:MM-DD-YYYY5/17/2017ProjectCompletionDidyoursubcontractorsperformallworkonNothisproject?Didyourcompanyhireanysubcontractors?NoDidyourcompanyhaveempLoyeesperformYesworkonthisproject?DidthisprojectutilizeAmericanRecoveryandNoReinvestmentAct(ARRA)funds?Specificatly,didthisprojectutitizeanyNoweatherizationorenergyefficiencyupgradefunds(ARRAorotherwise)?CompanyOwnerInformationHowmanyowner/operatorsperformedwork0ontheprojectthatown30%ormoreofthecornpany?Nocompanyowneradded.AffidavitSubcontractor(s)Nosubcontractorisselectedforthisaffidavit.JourneylevelWagesCountyTradeOccupationWagesFringes#WorkersoursKingSheetMetatJourneyLevel66.818.65539.00Workers(FietdorShop)ApprenticeWagesPublicNotesElShow/HideExistingNotesNonoteexistshttps://fortress.wa.gov/lni/wagelookup/AffidavitDetails.aspx05/22/201$AGENDA ITEM #6. c) Page1of2StateofWashingtonDepartmentofLabor&IndustriesPrevaitingWageSection-Telephone360-902-5335P0Box44540,Olympia,WA98504-4540AffidavitofWagesPaidProjectDetail-ProjectDashboard6/19/2017Intent823333DocumentReceivedDateYourCompanyInformationNameAddressWAUBIno.ContractorRegistrationno.IndustriaLInsuranceAccountIdEmailAddressFiledByProjectInformationAwardingagency:Awardingagencycontact:Awardingagencycontactphonenumber:ProjectDetailsProjectnameCountywhereworkwasperformedCitywhereworkwasperformedJobsiteaddress/directions:PrimecontractornamePrimecontractorregistrationno.Contractno.PrimecontractorPhoneNumberPrimecontractorIntentformId#forthisprojectSUNSETAIRINC5210LACEYBLVDSELACEY,WA,98503600240865SUNSEA*220CM36378100nLs@sunsetair.comSinclair,NatashaRENTON,CITYOF10555GRADYWAYRENTON,WA-98055J.D.Wilson425-430-7295HighLandsGeneratorReplacementandRadioEquipmentRelocationKingRentonHighLandsReservoir3410NE12thSt.Renton,WA98056COLVICOINCCOLVII*134D6CAG-16-160509-536-1875806664IdAffidavit720749AffidavitIdStatusApprovedon6/27/2017https://fortress.wa.gov/lni/wagelookup/AffidavitDetails.aspx05/22/2018AGENDA ITEM #6. c) Page2of2Dottaramountofyourcontract:$5,458.00Bidduedate11/10/2016Contractawarddate12/5/2016Intentfiteddate3/29/2017Jobstartdate:MM-DD-YYYY3/29/2017Dateworkcompteted:MM-DD-YYYY6/13/2017ProjectCompletionDidyoursubcontractorsperformaltworkonthisNoproject?Didyourcompanyhireanysubcontractors?NoDidyourcompanyhaveemptoyeesperformworkYesonthisproject?DidthisprojectutiLizeAmericanRecoveryandNoReinvestmentAct(ARRA)funds?Specificatty,didthisprojectutilizeanyNoweatherizationorenergyefficiencyupgradefunds(ARRAorotherwise)?CompanyOwnerInformationHowmanyowner/operatorsperformedworkon0theprojectthatown30%ormoreofthecornpany?Nocompanyowneradded.AffidavitSubcontractor(s)Nosubcontractorisselectedforthisaffidavit.JourneylevetWagesCountyTradeOccupationWagesFringes#WorkersoursKingSheetMetaLJourneyLevel48.1727.29220.00Workers(EleLdorShop)ApprenticeWagesPublicNotesShow/HideExistingNotesNonoteexistshttps://fortress.wa.gov/lni/wagelookup/AffidavitDetails.aspx05/22/2018AGENDA ITEM #6. c) t’age1012StateofWashingtonDepartmentofLabor&IndustriesPrevailingWageSection-Telephone360-902-5335PDBox44540,Olympia,WA98504-4540AffidavitofWagesPaidProjectDetail-ProjectDashboardDocument5/23/2018Intent819021ReceivedDateIdYourCompanyInformationNameAddressWAUBIno.ContractorRegistrationno.IndustriatInsuranceAccountIdEmaitAddressFiledByProjectInformationAwardingagency:Awardingagencycontact:Awardingagencycontactphonenumber:ProjectDetailsProjectnameCountywhereworkwasperformedCitywhereworkwasperformedJobsiteaddress/directions:PrimecontractornamePrimecontractorregistrationno.Contractno.PrimecontractorPhoneNumberPrimecontractorIntentformId#forthisprojectMitesSandaGravelCompany400VatteyAveNEPuyattup,WA,9837217100476011518800matjean.davis@gravelpits.comDavis,MarjeanRENTON,CITYOF1055SGRADYWAYRENTON,WA-98055J.D.WiLson425-430-7295HighlandsGeneratorReptacementandRadioEquipmentRelocationKingRentonHighlandsReservoir3410NE12thSt.Renton,WA98056COLVICOINCCOLVII*134D6CAG-16-160509-536-1875806664Affidavit788861AffidavitIdStatusApprovedon5/23/2018https://fortress.wa.gov/lni/wagelookup/AffidavitDetails.aspx05/25/201$AGENDA ITEM #6. c) Page2oF2Dottatamountofyourcontract:$2,019.00Bidduedate11/10/2016Contractawarddate12/5/2016Intentfileddate3/6/2017Jobstartdate:MM-DD-YYYY3/1/2017Dateworkcornpteted:MM-DD-YYYY3/20/2017ProjectCompletionDidyoursubcontractorsperformattworkonNothisproject?Didyourcompanyhireanysubcontractors?NoDidyourcompanyhaveemptoyeesperformYesworkonthisproject?DidthisprojectutilizeAmericanRecoveryandNoReinvestmentAct(ARRA)funds?Specifically,didthisprojectutilizeanyNoweatherizationorenergyefficiencyupgradefunds(ARRAorotherwise)?CompanyOwnerInformationHowmanyowner/operatorsperformedwork0ontheprojectthatown30%ormoreofthecornpany?Nocompanyowneradded.AffidavitSubcontractor(s)Nosubcontractorisselectedforthisaffidavit.JourneylevelWagesCountyTradeOccupationWagesFringes#WorkersKingTruckDriversTransitMixer31.5911.6436.42ApprenticeWagesPublicNotesEShow/HideExistingNotesNonoteexistshftps://fortress.wa.gov/lni/wagelookup/AffidavitDetails.aspx05/25/201$AGENDA ITEM #6. c) Page1of2StateofWashingtonDepartmentofLabor&IndustriesPrevailingWageSection-TeLephone360-902-5335P0Box44540,Otympia,WA98504-4540StatementofIntenttoPayPrevailingWageProjectDetail-ProjectDashboardDocumentReceivedDate:12/12/2016IntentID:AffidavitID:785897806664Status:ApprovedOn12/16/2016CompanyDetailsCompanyName:Address:ContractorRegistrationNo.WAUBINumberPhoneNumberIndustrialInsuranceAccountIDEmaiLAddressFiledByPrimeContractorCompanyNameContractorRegistrationNo.WAUBINumberPhoneNumberProjectInformationAwardingAgencyAwardingAgencyContactAwardingAgencyContactPhoneNumberContractNumberProjectNameContractAmountBidduedateCOLVICOINC2812NPITTSBURGSPOKANE,WA,99207COLVII*134D6601009703509-536-187553510402scoLvin®coLvicoinc.comCotvin,SommerCOLVICOINCCOLVII*134D6601009703509-536-1875RENTON,CITYOF1055SGRADYWAYRENTON,WA-98055J.D.Witson425-430-7295CAG-16-160HighlandsGeneratorRepLacementandRadioEquipmentReLocation$461,980.5011/10/2016hftps://fortress.wagov/1ni/wage1ookup/IntentDetai1s.aspx05/22/2018AGENDA ITEM #6. c) Page2of2AwardDateProjectSiteAddressorDirectionsPaymentDetails12/5/2016HighlandsReservoir3410NE12thSt.Renton,WA98056CheckNumber:TransactionId:IntentDetails105530936Expectedprojectstartdate:(MM-DD-YYYY)Inwhatcounty(orcounties)wilttheworkbeperformed?Inwhatcity(orneatestcity)wilttheworkbeperformed?Whatistheestimatedcontractamount?ORisthisatimeandmaterialsestimate?WillthisprojectutilizeAmericanRecoveryandReinvestmentAct(ARRA)funds?Specificatty,willthisprojectutitizeanyweatherizationorenergyefficiencyupgradefunds(ARRAorotherwise)?DoesyourcompanyintendtohireANYsubcontractors?DoesyourcompanyintendtohiresubcontractorstoperformALLwork?WitIyourcompanyhaveemployeesperformworkonthisproject?Doyouintendtouseanyapprentices?(Apprenticesareconsideredemployees.)Howmanyowner/operatorsperformingworkontheprojectown30%ormoreofthecompany?JourneyLevelWagesPublicNotes2/1/2017KingRenton$461,980.50NoNoYesNoYesYes0HShow/HideExistingNotesNonoteexistsCountyTradeOccupationWageFringeKingElectricians-InsideJourneyLevel$45.77$19.842KingPowerEquipmentOperatorsShovel,Excavator,Backhoes,$39.57$18.60Tractors:15To30MetricTons#WorkersKingCarpentersCarpenter$41.05$14.591hups://fortress.wa.gov/lni/wagelookup/IntentDetails.aspx05/22/201$AGENDA ITEM #6. c) Page1of2StateofWashingtonDepartmentofLabor&IndustriesPrevailingWageSection-Telephone360-902-5335P0Box44540,Olympia,WA98504-4540StatementofIntenttoPayPrevailingWageProjectDetaiL-ProjectDashboardDocumentReceivedDate:5/15/2017IntentID:AffidavitID:726639820819Status:ApprovedOn5/17/2017CompanyDetailsCompanyName:Address:ContractorRegistrationNo.WAUBINumberPhoneNumberIndustriatInsuranceAccountIDEmailAddressFiledByPrimeContractorCompanyNameContractorRegistrationNo.WAUBINumberPhoneNumberProjectInformationAwardingAgencyAwardingAgencyContactAwardingAgencyContactPhoneNumberContractNumberProjectNameContractAmountBidduedateKINGSHEETMETALLLCP0BOX23819TIGARD,OR,97281KINGSSM858KK603468632503-620-525220102106nancym®kingsheetmetat.comMartin,NancyCOLVICOINCCOLVII*134D6601009703509-536-1875RENTON,CITYOF1055SGRADYWAYRENTON,WA-98055].D.WiLson425-430-7295CAG-16-160HighlandsGeneratorReplacementandRadioEquipmentRelocation$461,980.5011/10/2016https://fortress.wa.gov/lni/wagelookup/IntentDetails.aspx05/22/201$AGENDA ITEM #6. c) Page2of2AwardDateProjectSiteAddressorDirectionsPaymentDetails12/5/2016HighlandsReservoir3410NE12thSt.Renton,WA98056CheckNumber:TransactionId:IntentDetailsExpectedprojectstartdate:(MM-DD-YYYY)Inwhatcounty(orcounties)witltheworkbeperformed?Inwhatcity(ornearestcity)willtheworkbeperformed?Whatistheestimatedcontractamount?ORisthisatimeandmaterialsestimate?WillthisprojectutitizeAmericanRecoveryandReinvestmentAct(ARRA)funds?Specifically,willthisprojectutilizeanyweatherizationorenergyefficiencyupgradefunds(ARRAorotherwise)?DoesyourcompanyintendtohireANYsubcontractors?DoesyourcompanyintendtohiresubcontractorstoperformALLwork?Willyourcompanyhaveemployeesperformworkonthisproject?Doyouintendtouseanyapprentices?(Apprenticesareconsideredemployees.)Howmanyowner/operatorsperformingworkontheprojectown30%ormoreofthecompany?HiringContractorCompanyNameContractorRegistrationNo.WAUBINumberPublicNotesBShow/HideExistingNotesNonoteexists1057481674/3/2017KingRenton$9,110.00NoNoNoNoYesNo0JourneyLevelWagesCOLVICOINCCOLVII*134D6601009703KingSheetMetalWorkersOccupationJourneyLevel(FieldorShop)#Workers2https://fortress.wa.gov/lnilwagelookup/IntentDetails.aspx05/22/2018AGENDA ITEM #6. c) Page1of2StateofWashingtonDepartmentofLabor&IndustriesPrevailingWageSection-Telephone360-902-5335P0Box44540,Olympia,WA98504-4540StatementofIntenttoPayPrevailingWageProjectDetail-ProjectDashboardDocumentReceivedDate:3/29/2017CompanyDetailsIntentID:AffidavitID:720749823333CompanyName:Address:ContractorRegistrationNo.WAUBINumberPhoneNumberIndustrialInsuranceAccountIDEmailAddressFiledByPrimeContractorCompanyNameContractorRegistrationNo.WAUBINumberPhoneNumberProjectInformationAwardingAgencyAwardingAgencyContactAwardingAgencyContactPhoneNumberContractNumberProjectNameContractAmountBidduedateSUNSETAIRINC5210LACEYBLVDSELACEY,WA,98503SUNSEA*220CM600240865360-456-495636378100nts@sunsetair.comSinclair,NatashaCOLVICOINCCOLVII*134D6601009703509-536-1875RENTON,CITYOF10555GRADYWAYRENTON,WA-98055J.D.Wilson425-430-7295CAG-16-160HighlandsGeneratorRepLacementandRadioEquipmentRelocation$461,980.5011/10/2016Status:ApprovedOn4/4/2017https://fortress.wa.gov/lnitwagelookup/IntentDetails.aspx05/22/2018AGENDA ITEM #6. c) Page2of2AwardDate12/5/2016ProjectSiteAddressorDirectionsHighlandsReservoir3410NE12thSt.Renton,WA98056PaymentDetailsCheckNumber:TransactionId:105678130IntentDetailsExpectedprojectstartdate:(MM-DD-YYYY)3/29/2017Inwhatcounty(orcounties)willtheworkbeperformed?KingInwhatcity(orneatestcity)willtheworkbeperformed?RentonWhatistheestimatedcontractamount?ORisthisatime$5,458.00andmaterialsestimate?WillthisprojectutilizeAmericanRecoveryandNoReinvestmentAct(ARRA)funds?SpecificalLy,wiLlthisprojectutiLizeanyweatherizationorNoenergyefficiencyupgradefunds(ARRAorotherwise)?DoesyourcompanyintendtohireANYsubcontractors?NoDoesyourcompanyintendtohiresubcontractorstoNoperformALLwork?WiltyourcompanyhaveempLoyeesperformworkonthisYesproject?Doyouintendtouseanyapprentices?(ApprenticesareNoconsideredempLoyees.)Howmanyowner/operatorsperformingworkonthe0projectown30%ormoreofthecompany?HiringContractorCompanyNameCOLVICOINCContractorRegistrationNo.COLVI1*134D6WAUBINumber601009703JourneyLevelWagesCountyTradeOccupationWageFringeorkersKingSheetMetaLWorkersJourneyLevel(FieldorShop)$48.17$27.292PublicNotesAShow/HideExistingNotesNonoteexistshttps://fortress.wa.gov/lni/wagelookup/IntentDetails.aspx05/22/2018AGENDA ITEM #6. c) Page1of2StateofWashingtonDepartmentofLabor&IndustriesPrevaitingWageSection-Telephone360-902-5335P0Box44540,Olympia,WA98504-4540StatementofIntenttoPayPrevailingWageProjectDetail-ProjectDashboardDocumentReceivedDate:3/6/2017IntentID:AffidavitID:819021Status:ApprovedOn3/11/2017CompanyDetailsCompanyName:Address:ContractorRegistrationNo.WAUBINumberPhoneNumberIndustriatInsuranceAccountIDEmailAddressFiledByPrimeContractorCompanyNameContractorRegistrationNo.WAUBINumberPhoneNumberProjectInformationAwardingAgencyAwardingAgencyContactAwardingAgencyContactPhoneNumberContractNumberProjectNameContractAmountBidduedateMilesSand&GraveLCompany400ValleyAveNEPuyaltup,WA,98372171004760253-833-370511518800marjean.davis@gravelpits.cornDavis,MarjeanCOLVICOINCCOLVII*134D6601009703509-536-1875RENTON,CITYOF1055SGRADYWAYRENTON,WA-98055J.D.Wilson425-430-7295CAG-16-160HighlandsGeneratorReplacementandRadioEquipmentReLocation$461,980.5011/10/2016https://fortress.wa.gov/lni/wagelookup/IntentDetails.aspx05/22/2018AGENDA ITEM #6. c) Page2of2AwardDate12/5/2016ProjectSiteAddressorDirectionsHightandsReservoir3410NE12thSt.Renton,WA98056PaymentDetailsCheckNumber:TransactionId:105643369IntentDetailsExpectedprojectstartdate:(MM-DD-YYYY)2/28/2017Inwhatcounty(orcounties)willtheworkbeperformed?KingInwhatcity(orneatestcity)willtheworkbeperformed?RentonWhatistheestimatedcontractamount?ORisthisatimeTimeandmaterialsandmaterialsestimate?WitlthisprojectutitizeAmericanRecoveryandNoReinvestmentAct(ARRA)funds?Specificatly,wittthisprojectutilizeanyweatherizationorNoenergyefficiencyupgradefunds(ARRAorotherwise)?DoesyourcompanyintendtohireANYsubcontractors?NoDoesyourcompanyintendtohiresubcontractorstoNoperformALLwork?WillyourcompanyhaveemptoyeesperformworkonthisYesproject?Doyouintendtouseanyapprentices?(ApprenticesareNoconsideredemployees.)Howmanyowner/operatorsperformingworkonthe0projectown30%ormoreofthecompany?HiringContractorCompanyNameCOLVICOINCContractorRegistrationNo.COLVII*134D6WAUBINumber601009703journeyLevelWagesCountyTradeOccupationWageFringeWorkersKingTruckDriversTransitMixer$31.59$11.645PublicNotesBShow/HideExistingNotesNonoteexistshttps://fortress.wa.gov/Ini/wagelookup/IntentDetails.aspx05/22/2018AGENDA ITEM #6. c) Page1of2StateofWashingtonDepartmentofLabor&IndustriesPrevailingWageSection-Telephone360-902-5335PCBox44540,Otympia,WA98504-4540StatementofIntenttoPayPrevailingWageProjectDetail-jjectDashboardDocumentReceivedDate:3/6/2017IntentID:AffidavitID:788861819021Status:ApprovedOn3/11/2017CompanyDetaUsCompanyName:Address:ContractorRegistrationNo.WAUBINumberPhoneNumberIndustriatInsuranceAccountIDEmaitAddressFitedByPrimeContractorCompanyNameContractorRegistrationNo.WAUBINumberPhoneNumberProjectInformationAwardingAgencyAwardingAgencyContactAwardingAgencyContactPhoneNumberContractNumberProjectNameContractAmountBidduedateMitesSand&GravelCompany400VatteyAveNEPuyatlup,WA,98372171004760253-833-370511518800marjean.davis®gravetpits.cornDavis,MarjeanCOLVICOINCCOLVII*134D6601009703509-536-1875RENTON,CITYOF1055SGRADYWAYRENTON,WA-98055J.D.Wilson425-430-7295CAG-16-160HighlandsGeneratorReplacementandRadioEquipmentRelocation$461,980.5011/10/2016https://fortress.wa.gov/lni!wagelookup/IntentDetails.aspx05/25/2018AGENDA ITEM #6. c) Page2of2AwardDateProjectSiteAddressorDirectionsPaymentDetails12/5/2016HightandsReservoir3410NE12thSt.Renton,WA98056CheckNumber:TransactionId:IntentDetails105643369Expectedprojectstartdate:(MM-DD-YYYY)Inwhatcounty(orcounties)wiLttheworkbeperformed?Inwhatcity(ornearestcity)wilttheworkbeperformed?Whatistheestimatedcontractamount?ORisthisatimeandmaterialsestimate?WiltthisprojectutitizeAmericanRecoveryandReinvestmentAct(ARRA)funds?Specificatty,wiltthisprojectutitizeanyweatherizationorenergyefficiencyupgradefunds(ARRAorotherwise)?DoesyourcompanyintendtohireANYsubcontractors?DoesyourcompanyintendtohiresubcontractorstoperformALLwork?Wittyourcompanyhaveemptoyeesperformworkonthisproject?Doyouintendtouseanyapprentices?(Apprenticesareconsideredemployees.)Howmanyowner/operatorsperformingworkontheprojectown30%ormoreofthecompany?HiringContractorCompanyNameContractorRegistrationNo.WAUBINumber2/28/2017KingRentonTimeandmaterialsNoNoNoNoYesNo0HShow/HideExistingNotesNonoteexistsJourneyLevelWagesCOLVICOINCCOLVII*134D6601009703KingTruckDriversOccupationPublicNotesTransitMixer#Workers5https://fortress.wa.gov/lni/wagelookup/IntentDetails.aspx05/25/2018AGENDA ITEM #6. c) Revised # Assigned to: UBI Number: Yes No Yes Telephone # Bond Number: If Retainage is not withheld, please select one of the following and List Surety's Name & Bond Number. Date Work Commenced Date Work Completed Contractor Address Date Contract Awarded Retainage Bond Contract/Payment bond (valid for federally funded transportation projects) Name: Department Use Only Original NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT Project Name Date Assigned: Job Order Contracting Federally funded transportation project? Contractor's Name Description of Work Done/Include Jobsite Address(es) Affidavit ID* No (if yes, provide Contract Bond Statement below) Name & Mailing Address of Public Agency E-mail Address Contract Number Notice is hereby given relative to the completion of contract or project described below Date:Contractor's UBI Number: Date Work Accepted Were Subcontracters used on this project? If so, please complete Addendum A. Yes No $ $$ $$ $$ % $ $$ Contact Name:Title: Affidavit ID* - No L&I release will be granted until all affidavits are listed. Amount Disbursed p Sales Tax Rate Contract Amount NOTE: These two totals must be equal TOTAL Comments: Sales Tax Amount Reductions ( - ) Note: The Disbursing Officer must submit this completed notice immediately after acceptance of the work done under this contract. NO PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of all release certificates. Submitting Form: Please submit the completed form by email to all three agencies below. TOTAL Liquidated Damages Email Address: Phone Number: p Sub-Total Additions ( + ) Amount Retained (If various rates apply, please send a breakdown) Contract Release (855) 545-8163, option # 4 ContractRelease@LNI.WA.GOV Employment Security Department Registration, Inquiry, Standards & Coordination Unit (360) 902-9450 publicworks@esd.wa.gov Department of Revenue Public Works Section (360) 704-5650 PWC@dor.wa.gov F215-038-000 10-2014REV 31 0020e (10/26/15) p@g AGENDA ITEM #6. c) Subcontractor's Name:UBI Number: (Required)Affidavit ID* Addendum A: Please List all Subcontractors and Sub-tiers Below This addendum can be submitted in other formats. Provide known affidavits at this time. No L&I release will be granted until all affidavits are listed. For tax assistance or to request this document in an alternate format, please call 1-800-647-7706. Teletype (TTY) users may use the Washington Relay Service by calling 711. REV 31 0020e Addendum (10/26/15)F215-038-000 10-2014 AGENDA ITEM #6. c) AB - 2160 City Council Regular Meeting - 11 Jun 2018 SUBJECT/TITLE: Fourth Amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement with Segale Properties LLC RECOMMENDED ACTION: Refer to Utilities Committee DEPARTMENT: Utility Systems Division STAFF CONTACT: Kevin Evans, Surface Water Utility Engineer EXT.: 7264 FISCAL IMPACT SUMMARY: By signing the Fourth Amendment, the Surface Water Utility annual rate revenue would be reduced by $25,616.04, the amount charged to the Segale property in 2018, in exchange for renewing the temporary easement for the storm system overflow. SUMMARY OF ACTION: In 1994 a large storm event caused the drainage system in Monroe Avenue NE, south of NE 4th Street (Exhibit A) to overflow, triggering erosion at the nearby gravel pit. In 1996 the city signed an agreement (Exhibit B) with La Pianta Limited Partnership (now Segale Properties LLC) to grant the city a temporary easement through the Segale property (property tax parcel number 1623059059) to construct, operate and maintain an 18-inch temporary overflow system from the city's existing storm system into the Segale property. This agreement was amended in 2006, 2007 and 2010 to renew the temporary easement and to increase the easement area to accommodate an additional 24-inch storm drain overflow. On April 2, 2018 Segale Properties LLC submitted to the city a Fourth Amendment to Temporary Easement agreement. This amendment proposes renewing the agreement for 5 additional years, but sets the value of the easement to be equal to the amount of the Surface Water Utility billing rate fees charged to the Segale property for the term of the agreement. The property is currently being billed under the gravel pit utility billing category. At a total parcel area of 14.44 acres, the Segale Properties LLC Surface Water Utility bill for 2018 is $25,616.04. For the city to create a permanent solution to the flooding problem would require a significant Surface Water Utility capital improvement project estimated to cost between $1-3 million and take 3-5 years to complete. As a temporary solution, the city proposes the Fourth Amendment (Exhibit C), which states that the monetary value of services provided by the temporary easement to the city is equal to the amount of the Surface Water Utility fees to the property. EXHIBITS: A. Vicinity Map B. 1996 Temporary Easement for Surface Water Drainage Overflow and Agreement C. Fourth Amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement STAFF RECOMMENDATION: Execute the Fourth Amendment to Temporary Easement for Surface Water Drainage Overflow and Agre ement with Segale Properties LLC, which will renew the city’s temporary easement for 5 years in exchange for AGENDA ITEM #6. d) declaring that the monetary value of services provided by the temporary easement to the city is equal to the amount of the Surface Water Utility fees to the property. AGENDA ITEM #6. d) EXHIBIT A - Vicinity Map AGENDA ITEM #6. d) Upper Balch Pit Greenwood Cemetery McDonalds Restaurant Approximate location of overflow Vicinity Map AGENDA ITEM #6. d) EXHIBIT B - 1996 Temporary Easement for Surface Water Drainage Overflow and Agreement AGENDA ITEM #6. d) AGENDA ITEM #6. d) AGENDA ITEM #6. d) AGENDA ITEM #6. d) AGENDA ITEM #6. d) AGENDA ITEM #6. d) AGENDA ITEM #6. d) AGENDA ITEM #6. d) AGENDA ITEM #6. d) AGENDA ITEM #6. d) EXHIBIT C - 2018 Proposed Fourth Amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement AGENDA ITEM #6. d) 24267-0030/138907429.1 Page 1 of 5 Return Address City Clerk City of Renton 1055 South Grady Way Renton, WA 98057 Document Title(s) (or transactions contained therein): Fourth Amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement Reference Number(s) of Related Documents: (on page ___ of document) 199612120153; 20060602001486; 20070928000176; 20110322000779 Grantor(s) (Last name first, then first name and initials): Segale Properties LLC Additional Grantor(s) on page 2 Grantee(s) (Last name first, then first name and initials): City of Renton Legal description (abbreviated: i.e. lot, block, plat or section, township, range): Portions of Section 16, Township 23 North, Range 5 Full Legal Description on page 5 (Exhibit A) Assessor’s Property Tax Parcel/Account Number: 1623059059 AGENDA ITEM #6. d) 24267-0030/138907429.1 Page 2 of 5 FOURTH AMENDMENT TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT THIS FOURTH AMENDMENT TO TEMPORARY EASEMENT FOR SURFACE WATER DRAINAGE OVERFLOW AND AGREEMENT (“Amendment”), dated as of _________ ____, 2018 (“Effective Date”), is entered into by and between SEGALE PROPERTIES LLC, a Washington limited liability company, successor by name change to LA PIANTA LLC, a Washington limited liability company, and successor by merger with LA PIANTA LIMITED PARTNERSHIP, (“Grantor”), and the City of Renton, a municipal corporation (“Grantee”). RECITALS A. Grantor and Grantee entered into that certain Temporary Easement for Surface Water Drainage Overflow and Agreement, dated November 21, 1996 and recorded under Recording No. 9612120153, as amended by that certain Amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement, dated May 30, 2006 and recorded under Recording No. 20060602001486 (the “First Amendment”), and that certain Second Amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement dated September 26, 2007 and recorded under Recording No. 20070928000176, (the “Second Amendment”), and that certain Third Amendment to Temporary Easement for Surface Water Drainage Overflow and Agreement dated October 29, 2010 and recorded under Recording No. 20110322000779 (collectively, the “Agreement”), pursuant to which Grantor granted to Grantee certain rights for the conveyance and discharge of surface water over Grantor’s Property, as further described in the Agreement. Capitalized terms used in this Amendment shall have the same meanings given them in the Agreement unless stated otherwise. B. Grantor is the owner of certain real property, (the “Property”) located in the City of Renton, King County, Washington and legally described on Exhibit A attached hereto. C. The Agreement granted Grantee the right to make certain improvements within the Easement Area to allow for the Temporary Overflow System to provide Permitted Drainage onto the Property. D. Grantee has constructed all necessary improvements within the Easement Area and desire to continue using the Temporary Overflow System. E. The parties hereby agree to amend the Agreement to allow Grantee to continue using the Temporary Overflow System pursuant to the terms and conditions set forth below. AGREEMENTS 1. Recitals. The terms of the recitals are incorporated herein. AGENDA ITEM #6. d) 24267-0030/138907429.1 Page 3 of 5 2. Term. The Agreement is hereby amended by deleting Section 3 in its entirety, which was last amended in the Third Amendment, and substituting with the following: 3. TERM OF AGREEMENT. The Agreement shall be effective until five (5) years from the Effective Date and shall automatically renew for successive five (5) year periods unless within one hundred eighty (180) days from the expiration of the five year period then in-effect, Grantor and Grantee mutually agree in writing to terminate this Agreement, in which case this Agreement shall terminate at the expiration of the five year period then in-effect. Notwithstanding the foregoing, this Agreement may terminate on a sooner date in the event that (i) the current pit is filled to capacity and a new special use permit is required, or (ii) improvements have been made to Grantee’s existing storm sewer system which eliminates the need for the Temporary Overflow System and this Agreement. Under no circumstances shall this Agreement and the easement rights provided herein become permanent. Upon Grantor’s request, Grantee shall execute and deliver to Grantor an instrument in recordable form quit claiming and releasing to Grantor all rights and reaffirming the survival of Grantee’s obligations hereunder. In the event Grantor receives a special use permit subsequent to the Special Use Permit LUA10-056, ECF, SP, authorizing Grantor to continue to fill Grantor’s Property, and such special use permit contains substantially the same rights as granted under LUA10-056, ECF, SP, this Agreement shall be deemed immediately amended so that Grantee shall assume full responsibility for all conditions imposed on Grantor in the process of obtaining said special use permit which relate to or arise out of the rights granted to Grantee under the Agreement, or to storm water monitoring and sampling and testing of storm water on the Property. At Grantor’s request, Grantee shall execute an amendment to this Agreement setting forth Grantor’s obligations arising out of such subsequently issued special use permit. 4. Value of Easement and Surface Water Utility Fees. Commencing on the Effective Date and continuing during the term of this Agreement, and any renewal thereof, the Parties agree that the value of the services provided by the Temporary Easement to the Grantee (City) is equal to the amount of the Surface Water Utility Fees for Surface Water Utility services to Grantor’s Property Tax Parcel Identification Number 162305 9095, per the Renton Municipal Code (RMC) 8-2-3 utility billing rate category of Gravel Pits. The Parties agree the monetary value of the reciprocal services rendered are substantially the same. 5. No Other Changes and Integration. In all other respects, the Agreement, except as amended by this Amendment, is ratified and confirmed and shall remain without charge. Additionally, it is expressly understood and agreed that there are no other promises, agreements, conditions, understandings, inducements, warranties or representations, written, express or implied, between the parties hereto or their employees or agents with respect to this Amendment other than as herein set forth; and no prior agreements, understandings or representations pertaining as to any such matters shall be effective for any purpose. [Signatures Below] AGENDA ITEM #6. d) 24267-0030/138907429.1 Page 4 of 5 DATED as of the day and year first above written. GRANTOR: SEGALE PROPERTIES LLC, a Washington limited liability company By: Metro Land Development, Inc., its Manager By: Mark A. Segale, Vice President GRANTEE: CITY of RENTON, a municipal corporation By:__________________________ Denis Law, Mayor ATTEST: By:__________________________ Jason A. Seth, City Clerk Approved as to form: By:__________________________ Shane Moloney, City Attorney AGENDA ITEM #6. d) 24267-0030/138907429.1 Page 5 of 5 EXHIBIT A LEGAL DESCRIPTION A portion of the East ½ of the NE ¼ of the NW ¼ of Section 16, Township 23 North, Range 5 East, W.M. except the North 330 feet of the East 30 feet; Said portion being a strip of land (30) feet in width being fifteen (15) feet of such width on each side of the following described centerline; Commencing at the NE corner of the above described parcel; Thence southerly along the East line of said parcel 302.5 feet to the True Point of Beginning of the centerline; Thence westerly perpendicular to the East line of said parcel, 120 feet to the terminus of the centerline; All situate in the City of Renton, King County, Washington. AGENDA ITEM #6. d) AB - 2161 City Council Regular Meeting - 11 Jun 2018 SUBJECT/TITLE: Kennydale Lakeline Sewer System Emergency System Improvement and Cleaning Project RECOMMENDED ACTION: Council Concur DEPARTMENT: Utility Systems Division STAFF CONTACT: Dave Christensen, Wastewater Utility Engineering Manager EXT.: 7212 FISCAL IMPACT SUMMARY: The preliminary cost estimate for this work is in the range of $800,000 to $1,000,000. Actual improvement and cleaning costs will not be known until the city enters into a contract with the contractor. The work will be funded through the approved 2018 Wastewater Utility Capital Improvement Program budget for Kennydale Lakeline System Improvements Projects (426.465512). There is sufficient funding in the budget to cove r this work. SUMMARY OF ACTION: The City has been in the process of design for repairs and improvements to the Kennydale Lakeline sewer system since 2017. The City planned to follow the regular state mandated bidding process and have the work completed either in the summer of 2018 or 2019, depending upon the speed and progress of the design process. The Kennydale Lakeline sewer system (comprised of approximately 5,200 linear feet of 8 -inch sewer main, 31 6-inch sewer laterals, a flush station at the south end and a lift station at the north end) is currently experiencing capacity restraints, with capacity reduced to less than 30% at two locations along the alignment. In the past month, unforeseen pump issues led the City to further reduce the volume of flow from the flush station to prevent sewer backups into residences. The recent and increasing sewer system capacity restraints in the Lakeline are an unforeseen circumstance beyond the control of the city that present a real, immediate threat to the health of Lake Washington and the adjacent residents. As a result of these unforeseen circumstances, completion of the Kennydale Lakeline sewer system has become an emergency project that must be completed prior to October 15, 2018, which is the end of the fish window within which the City can work within Lake Washington. Unfortunately, it is not feasible for the City to follow the normal state mandated bidding process and still complete the work prior to October 15, 2018. State law authorizes waiver of formal public works bidding requir ements in the event of an emergency when the person designated by the governing body declares an emergency and the City Council makes written findings confirming the existence of an emergency no later than two weeks following the award of an emergency contract. On May 30, 2018, Mayor Law made an emergency declaration so that the competitive bidding and purchasing laws could be waived to allow for immediate emergency work to occur AGENDA ITEM #6. e) on the Kennydale Lakeline sewer system to prevent potential substantial sanita ry sewer overflows into Lake Washington and the adjacent homes being served. City staff now requests the City Council pass a proposed resolution authorizing work to proceed on an emergency basis. The project work includes installation of two access manho les in Lake Washington, cleaning of the entire 1- mile long lakeline, and replacement of the existing failing pumps at Lake Washington No. 2 Lift Station. The city will select a contractor to work directly with our design consultant on this project in order to expedite completion of the work in Lake Washington within the allowed permit time for summer 2018. Construction is set to begin near the end of June, with completion before the permit timeline of October 15, 2018. Payment to the contractor will be made based upon a construction contract prepared by our design consultant in conjunction with our selected contractor. Once the design and contract are completed, the contract will be presented to the Council for approval. EXHIBITS: A. Resolution STAFF RECOMMENDATION: Adopt a resolution declaring an emergency for the purpose of completing necessary improvements to the Kennydale Lakeline sewer system to prevent potential substantial sanitary sewer overflows into Lake Washington and the adjacent properties served. AGENDA ITEM #6. e) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. ___________ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING AN EMERGENCY FOR THE PURPOSES OF REPLACING/REPAIRING THE KENNYDALE LAKELINE SEWER SYSTEM. WHEREAS, the City of Renton owns, operates and maintains the sewer system along the Kennydale Lakeline in the City of Renton; and WHEREAS, the Kennydale Lakeline Sewer System, comprised of approximately 5,200 linear feet of 8‐inch sewer main, 31 6‐inch sewer laterals, a flush station at the south end, and a lift station at the north end, is currently experiencing capacity restraints, with capacity reduced to less than 30% at two locations along the alignment; and WHEREAS, recently in the past month, there have additional pump issues and the City has had to further reduce the volume of flow from the flush station to prevent sewer backup into homes and residences; and WHEREAS, the capacity restraints create a significant potential for a blockage of the sewer line that will result in sanitary sewer overflows into both Lake Washington and into homes and residences being served; and WHEREAS, the recent and increasing sewer system capacity restraints are an unforeseen circumstance beyond the control of the City that presents a real, immediate threat to the proper performance of the essential municipal public works functions. If immediate action is not taken, it may result in further material loss or damage to property, bodily injury or loss of life; and WHEREAS, on May 30, 2018, the Mayor declared an emergency, attached hereto as Exhibit A, pursuant to the provisions of RCW 39.04.280 and Renton Policy and Procedure Manual AGENDA ITEM #6. e) RESOLUTION NO. ________ 2 250‐02, paragraph 6.10.3, to authorize Gregg Zimmerman, Public Works Administrator, to waive competitive bidding requirements and to award all necessary contracts to address the emergency for the repair/replacement of the Kennydale Lakeline sewer system; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are adopted as findings. SECTION II. An emergency did exist at the time of the declaration of emergency by Mayor Denis Law. By these written recitals and findings, the City Council does hereby ratify and approve the Mayor’s emergency declaration, attached hereto as Exhibit A, to waive competitive bidding requirements and to award all necessary contracts to address the emergency for the repair of the aforesaid sewer system along the Kennydale Lakeline. PASSED BY THE CITY COUNCIL this ______ day of ___________________, 2018. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2018. ______________________________ Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ______________ RES:1773:6/4/18:scr AGENDA ITEM #6. e) RESOLUTION NO. ________ 3 EXHIBIT A DECLARATION OF EMERGENCY AGENDA ITEM #6. e) RESOLUTION NO. ________ 4 AGENDA ITEM #6. e) 1 CITY OF RENTON, WASHINGTON RESOLUTION NO. ___________ A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, DECLARING AN EMERGENCY FOR THE PURPOSES OF REPLACING/REPAIRING THE KENNYDALE LAKELINE SEWER SYSTEM. WHEREAS, the City of Renton owns, operates and maintains the sewer system along the Kennydale Lakeline in the City of Renton; and WHEREAS, the Kennydale Lakeline Sewer System, comprised of approximately 5,200 linear feet of 8‐inch sewer main, 31 6‐inch sewer laterals, a flush station at the south end, and a lift station at the north end, is currently experiencing capacity restraints, with capacity reduced to less than 30% at two locations along the alignment; and WHEREAS, recently in the past month, there have additional pump issues and the City has had to further reduce the volume of flow from the flush station to prevent sewer backup into homes and residences; and WHEREAS, the capacity restraints create a significant potential for a blockage of the sewer line that will result in sanitary sewer overflows into both Lake Washington and into homes and residences being served; and WHEREAS, the recent and increasing sewer system capacity restraints are an unforeseen circumstance beyond the control of the City that presents a real, immediate threat to the proper performance of the essential municipal public works functions. If immediate action is not taken, it may result in further material loss or damage to property, bodily injury or loss of life; and WHEREAS, on May 30, 2018, the Mayor declared an emergency, attached hereto as Exhibit A, pursuant to the provisions of RCW 39.04.280 and Renton Policy and Procedure Manual AGENDA ITEM # 8. a) RESOLUTION NO. ________ 2 250‐02, paragraph 6.10.3, to authorize Gregg Zimmerman, Public Works Administrator, to waive competitive bidding requirements and to award all necessary contracts to address the emergency for the repair/replacement of the Kennydale Lakeline sewer system; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The above recitals are adopted as findings. SECTION II. An emergency did exist at the time of the declaration of emergency by Mayor Denis Law. By these written recitals and findings, the City Council does hereby ratify and approve the Mayor’s emergency declaration, attached hereto as Exhibit A, to waive competitive bidding requirements and to award all necessary contracts to address the emergency for the repair of the aforesaid sewer system along the Kennydale Lakeline. PASSED BY THE CITY COUNCIL this ______ day of ___________________, 2018. ______________________________ Jason A. Seth, City Clerk APPROVED BY THE MAYOR this ______ day of _____________________, 2018. ______________________________ Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ______________ RES:1773:6/4/18:scr AGENDA ITEM # 8. a) RESOLUTION NO. ________ 3 EXHIBIT A DECLARATION OF EMERGENCY AGENDA ITEM # 8. a) RESOLUTION NO. ________ 4 AGENDA ITEM # 8. a) 1 CITY OF RENTON, WASHINGTON ORDINANCE NO. ________ AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING CHAPTER 10‐5 OF THE RENTON MUNICIPAL CODE, CLARIFYING IMPOUNDMENT AND REDEMPTION OF VEHICLE REGULATIONS, DESIGNATING THE RENTON MUNICIPAL COURT AS THE POST IMPOUNDMENT HEARING VENUE, AND PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. Chapter 10‐5 of the Renton Municipal Code, is amended as follows: CHAPTER 5 IMPOUNDMENT AND REDEMPTION OF VEHICLES SECTION: 10‐5‐1: Definitions 10‐5‐2: Impoundment Of Vehicles, Notice 10‐5‐3: How Impoundment Is To Be Effected Purpose and Intent 10‐5‐4: Owner Of Impounded Vehicle To Be Notified 10‐5‐5: Redemption Of Impounded Vehicles 10‐5‐6: Cancellation Of Hearing Challenging the Impoundment – Requirements 10‐5‐7: Post Impoundment Hearing Procedure 10‐5‐8: Abandoned Vehicles 10‐5‐9: Renton Police Department Record Of Impounded Vehicles 10‐5‐10: Approved Tow Company Duties And Records 10‐5‐11: Severability 10‐5‐12: Approved Tow Rates Required 10‐5‐13: Penalties For Violations By Approved Tow Agency 10‐5‐1 DEFINITIONS: A. APPROVED TOW COMPANY: Any person, firm, partnership, tow operator, association or corporation approved by the Renton Police Department that engages in the impounding, transporting, or storage of vehicles, or the disposal of abandoned vehicles. Approved tow companies must comply with all State laws, County ordinances, and any Federal law including antitrust laws. AGENDA ITEM # 8. a) ORDINANCE NO. ________ 2 B. HIGHWAY: The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel. C. IMPOUNDMENT: As used in this Chapter, impoundment shall have the definition set forth in RCW 46.55 for “impound” and, in addition, shall include the removal of a vehicle to a storage facility either by an officer or authorized agent of the Renton Police Department or by an approved towing company for towing and storage in response to a request from an officer or authorized agent of the Renton Police Department. D. VEHICLES: As used in this Chapter, vehicle shall have the definition set forth in RCW 46.04 and, in addition, shall include any vehicle hulk as the same is defined in Renton Municipal Code Section RMC 6‐1‐1. 10‐5‐2 IMPOUNDMENT OF VEHICLES, NOTICE: A. When A Vehicle May Be Impounded Without Prior Notice: A vehicle may be impounded with or without citation and without prior notice to its owner for any of the following reasons: 1. The vehicle is impeding or is likely to impede the normal flow of vehicular or pedestrian traffic; or 2. The vehicle is illegally parked in a conspicuously posted restricted zone where parking is limited to designated classes of vehicles or is prohibited during certain hours, on designated days or at any time and where the vehicle is interfering or likely to interfere with the intended use of such a zone; or AGENDA ITEM # 8. a) ORDINANCE NO. ________ 3 3. When a vehicle without a special license plate, card, or decal indicating that the vehicle is being used to transport a disabled person as defined under Chapter 46.16 RCW is parked in a stall or space clearly and conspicuously marked as provided in RMC Chapter 10‐10, whether the space is provided on private property without charge or on public property; or 4. The vehicle poses an immediate danger to public safety; or 45. A police officer has information sufficient to form a reasonable belief that the vehicle is stolen; or 56. A police officer has information sufficient to form a reasonable belief that the vehicle constitutes evidence of a crime or contains evidence of a crime, if impoundment is reasonably necessary to obtain or preserve such evidence; or. 6. The vehicle is parked without authorization on residential property. 7. The vehicle is parked on private, nonresidential City property or right of way, properly posted under to the extent required by RCW 46.55.070; or. 8. The vehicle is parked on a Highway and its vehicle registration is expired by more than forty‐five (45) days; or 9. The vehicle is a junk vehicle or vehicle hulk, as that term is defined by RMC 6‐1, and is parked on a Highway, street, alley, or road open to the public or on municipal or other public property; or 8.10. Impound without notice is otherwise authorized required by law. Nothing in such this Section shall be construed to authorize seizure of a vehicle without a warrant where a warrant would otherwise be required. AGENDA ITEM # 8. a) ORDINANCE NO. ________ 4 B. When A Vehicle May Be Impounded After Notice: A vehicle not subject to impoundment under Section RMC 10‐5‐2.A may be impounded after notice of such proposed impoundment has been attached to and conspicuously displayed on the vehicle for a period of twenty‐four (24) hours prior to such impoundment, for the following reasons: 1. Such vehicle is left unattended on a public highway. When such vehicle is parked and/or used in violation of any law, ordinance or regulation; or 2. Such vehicle is a junk or abandoned vehicle, as defined in Renton Municipal Code Section RMC 6‐1‐1.; or 3. Such vehicle is left unattended without authorization on private City owned non‐highway property not posted in accordance with RCW 46.55.070; or 4. When such vehicle is so mechanically defective as to be unsafe for operation; provided, however, that this section shall not be construed to prevent the operation of any such defective vehicle to a place for correction of equipment defect in the manner directed by any police officer. 10‐5‐3 HOW IMPOUNDMENT IS TO BE EFFECTED: PURPOSE AND INTENT: All impoundments authorized by the City shall be conducted in accordance with state law, as prescribed by Chapter 46.55 RCW, which is hereby adopted by reference and incorporated into this chapter. This Chapter is not intended to replace or subvert the state law governing impoundments or apply to privately AGENDA ITEM # 8. a) ORDINANCE NO. ________ 5 authorized impoundments. This ordinance is intended to supplement and complement existing state law. When impoundment is authorized by this Chapter, a vehicle may be impounded by an approved towing company at the request of an officer or authorized agent of the Renton Police Department. 10‐5‐4 OWNER OF IMPOUNDED VEHICLE TO BE NOTIFIED: A. Not more than forty‐eight (48) twenty‐four (24) hours after impoundment of any vehicle, the Renton Police Department shall mail a notice of impound, hereinafter referred to as the impound report, and notice of redemption and opportunity for a hearing shall be mailed to the registered owner and legal owner of an impounded vehicle, as may be disclosed by the vehicle license number, or vehicle identification number (VIN), if such be obtainable, unless the impound report shall be mailed to the registered owner at the address provided by the Washington State Department of Motor Vehicles Licensing, or the corresponding government agency of any other state or province. If the officer person requesting the impound has reason to believe that the registered owner is residing or is in custody at some different address known to the officer requestor, a copy of the impound report and notice of the right of redemption and opportunity for a hearing shall be sent to that address. The impound report shall contain the particulars of the impoundment, the name, phone number and address of the tow company involved, and location of storage of the vehicle if not that company’s address. AGENDA ITEM # 8. a) ORDINANCE NO. ________ 6 B. Written notice of redemption and opportunity for a hearing as set forth on a form provided by the Renton Police Department with information required by Chapter 46.55 RCW and a copy of the tow and storage receipt shall be given by the tow company to each person who seeks to redeem an impounded vehicle. The tow company shall maintain a record evidenced by the redeeming person’s signature that such notification was provided. C. Similar written notice and record of notification for redemption and opportunity for a hearing as set forth on a form provided by the Renton Police Department shall likewise be given by the tow company at the time of releasing a vehicle impounded for investigatory purposes pursuant to Section 10‐5‐2A. Renton Police Department shall notify the tow company of the authorization to release such vehicle. 10‐5‐5 REDEMPTION OF IMPOUNDED VEHICLES: Vehicles impounded by the City shall be redeemed only under the following circumstances: A. Only the registered owner, a person authorized by the registered owner, or one who has purchased a vehicle from the registered owner, who produces proof of ownership or authorization and signs a receipt therefor, may redeem an impounded vehicle. B. Any person so redeeming a vehicle impounded by the City shall pay to the towing company the costs of impoundment (towing and storage) prior to redeeming such vehicle. AGENDA ITEM # 8. a) ORDINANCE NO. ________ 7 C. Any person seeking to redeem an impounded vehicle has a right to a hearing, conducted in accordance with this Chapter, to contest the validity of the impoundment or the amount of towing and storage charges, except no appeal shall be had permitted when: 1. The appeal is to the tow company rates and the rates do not exceed those approved by the City. 2. The vehicle was impounded because it was stolen or used in the commission of a felony. 10‐5‐6 CANCELLATION OF HEARING: CHALLENGING THE IMPOUNDMENT – REQUIREMENTS: A. Statute Of Limitations: Pursuant to RCW 46.55.120, any person seeking to challenge the validity of an impoundment authorized by the City of Renton pursuant to this chapter or the amount of towing and storage charges therefore shall request a hearing by paying a filing fee and filing a request for hearing with the Renton Municipal Court no later than ten (10) days after receiving written notice of the right of redemption and opportunity for hearing and no less than six (6) days prior to the date the vehicle is schedule to be sold at auction. B. Waiver Of Hearing: If the hearing request or the applicable filing fee is not received by the Renton Municipal Court within the prescribed time, the right to a AGENDA ITEM # 8. a) ORDINANCE NO. ________ 8 hearing is waived, and the registered owner (or entity) shall be liable for the charged towing, storage, or other impoundment fees. Any person redeeming an impounded vehicle in accordance with Section 10‐ 5‐5C shall have until ten (10) days after the date of the request to cancel the hearing. If a hearing is cancelled more than ten (10) days after its request, then a ten dollar ($10.00) cancellation fee must be paid to the City. 10‐5‐7 POST IMPOUNDMENT HEARING PROCEDURE: A. The Renton Municipal Court is vested with jurisdiction over any hHearings requested pursuant to Section 10‐5‐4 this chapter or applicable state law governing impoundments authorized by the City of Renton or its authorized agents hereof shall be held by the City Hearing Examiner. B. The Hearing Examiner Renton Municipal Court shall, within ten five (510) days after the request for a hearing, notify the registered tow truck operator, the person requesting the hearing if not the owner, the registered and legal owners of the vehicle or other item of personal property registered or titled with the department, and the person or agency authorizing the impound shall notify the motor vehicle owner in writing of: 1. The hearing date and time; and 2. If the owner of the motor vehicle desires to have the police officer responsible for the impoundment or a representative of the towing company present at the hearing, a written request on a document provided by the Hearing AGENDA ITEM # 8. a) ORDINANCE NO. ________ 9 Examiner must be returned to the Hearing Examiner Renton Municipal Court no later than ten (10) days prior to the hearing date; 3. In absence of such a request, the officer’s impound report and/or tow company’s tow and storage receipt shall be received in evidence. C. At the hearing, the Police Department may produce any relevant evidence to show that the impound was proper. In absence of a request by the vehicle owner pursuant to Section RMC 10‐5‐7.B and Section RMC 10‐5‐7.D of this Section, the officer’s impound report and/or tow company’s tow and storage receipt shall be received in evidence. In determining whether the fees charged were proper, the Hearing Examiner Judge may take notice of the tow company’s rates which shall be filed with the Hearing Examiner Renton Municipal Court and available for public inspection. D. At the hearing, the owner of the motor vehicle impounded may produce any relevant evidence to show that the impound and/or towing and/or storage fees charged were not proper. E. In lieu of a personal appearance, the owner of the motor vehicle impounded may provide the Hearing Examiner with a written statement of position which the Hearing Examiner may consider in the same manner as the officer’s impound report and the tow company’s tow and storage receipt. F.E. At the conclusion of the hearing, and within no later than thirty (30) days following the hearing, the Hearing Examiner Judge shall determine whether the impoundment, and/or towing, and/or storage any fees charged for towing and/or AGENDA ITEM # 8. a) ORDINANCE NO. ________ 10 storage were proper and who is responsible for payment of the fees. The court may not adjust fees or charges that are in compliance with the posted or contracted rates and provide both parties with a copy of his decision setting forth in writing the reasons for the determination reached. Should the Hearing Examiner Judge determine that the towing and/or storage fees charged were not proper, then the Hearing Examiner Judge shall determine the proper amount. After each hearing, the court shall provide both parties with a copy of the court’s decision setting forth in writing the reasons for the determination reached, and provide a copy of his the decision to the tow company and the Renton Police Department. G.F. If the impoundment is found proper, any unpaid impoundment, towing, and storage fees as permitted under this chapter together with any applicable court costs shall be assessed against the person(s) or entity requesting the hearing, and no refund shall be granted. the expense of the hearing shall be assessed as a civil penalty against the owner of the vehicle impounded. The appearance cost of an approved tow company’s representative if requested shall be a cost assessed, Section 10‐5‐7J of this Section notwithstanding. H.G. If the City’s authorization to impound is not found determined to be proper in violation of this Chapter, the owner of the vehicle shall bear no costs, and the City shall refund to the owner any expenses incurred for the cost of towing and storage. AGENDA ITEM # 8. a) ORDINANCE NO. ________ 11 H. If the impoundment is determined to be in violation of this Chapter due to an error or omission of the tow company, or if the tow company is found to have charged excessive fees, the owner of the vehicle shall bear no costs, and the tow company shall refund any expenses incurred for the cost of towing and storage. I. Compensation for the hearing appearance of a representative of an approved tow company shall be paid by the City at the rate of fifteen dollars ($15.00) for such person’s appearance. Decisions issued by the Renton Municipal Court in accordance with this Chapter may be appealed by filing a petition in King County Superior Court no later than thirty (30) days following the Renton Municipal Court’s entry of the decision. J. Nothing in this Chapter shall be construed to prevent the Hearing Examiner Judge exercising discretion in assessing penalties, costs or arranging time payments if justice so requires. K. No attorneys’ fees shall be awarded to any party, except where required by state or federal law. 10‐5‐8 ABANDONED VEHICLES: Any impounded vehicle not redeemed within fifteen (15) days of mailing of the notice required by Section 10‐5‐4 of this Chapter shall be deemed abandoned; provided that, if the Police Department has reason to believe that the owner of such impounded vehicle is in custody of the Police Department jail incarcerated, it shall be presumed that the vehicle is not abandoned until after the prisoner has had an opportunity to be heard regarding the propriety of the impoundment and AGENDA ITEM # 8. a) ORDINANCE NO. ________ 12 circumstances giving rise to such impoundment; provided further that, in the case of a vehicle impounded by order of a police officer and held pursuant to police order, the fifteen (15) days shall not begin until forty‐eight (48) hours after the Police Department shall have notified both the owner and the towing company in accordance with Section RMC 10‐5‐4.C that it has authorized the release of the vehicle. Any vehicle so determined to have been abandoned shall be deemed to be in custody of the Chief of Police. No tow truck operator shall sell or otherwise dispose of an abandoned vehicle regardless of its age unless he has first complied with the provisions of RCW 46.52.120 and 46.55.130 Chapter 46.55 RCW. In the case of failure to redeem an abandoned vehicle under RCW 46.55.120 an officer shall send a notice of infraction by certified mail to the last known address of the registered owner of the vehicle. 10‐5‐9 RENTON POLICE DEPARTMENT RECORD OF IMPOUNDED VEHICLES: The Police Department shall keep, and make available for inspection, a record of all vehicles impounded under the provisions of this Chapter. The record shall include at least the following information: A. Vehicle make, year and model; B. Vehicle license number and state of registration; C. Vehicle identification number, if ascertainable; D. Such other descriptive information as the Chief of Police deems useful for purposes of vehicle identification; AGENDA ITEM # 8. a) ORDINANCE NO. ________ 13 E. Name of impounding officer and serial number; F. Reason for impoundment, and the time, date and location the approved towing company took custody.; and G. The written tow authorization form, if applicable. 10‐5‐10 APPROVED TOW COMPANY DUTIES AND RECORDS: Each approved tow company as conditions of approval in addition to fully complying with the standards set by the Police Department must: A. File its towing and storage rates with the Police Department. B. Mail within twenty‐four (24) hours of receipt thereof a fully completed and signed copy of any requests for hearing and promissory note and copy of the tow and storage receipt to the Hearing Examiner Renton Municipal Court. C. Keep, and make available for Police Department inspection, a record of all vehicles which it impounds under the provisions of this Chapter. The record shall include: 1. A copy of each tow and storage receipt which shall contain at least the following information: a. Information on the person securing the release of a towed vehicle, including the person’s name, relationship to owner (if not the owner), driver’s license number, signature and address; b. Vehicle make, year, license and identification numbers; c. Any unusual circumstance of the tow; d. Time, date, location of tow and distance towed; AGENDA ITEM # 8. a) ORDINANCE NO. ________ 14 e. Name of tow truck driver and his signature. 2. A copy of each request for a hearing for all vehicles redeemed, signed by the redeeming person. 3. A copy of each monthly notarized claim for reimbursement for towing, storage and mailing costs. 4. Copies of any notices and/or forms the Approved Tow Company was required to provide to the vehicle owner(s), pursuant to Chapter 46.55 RCW. 10‐5‐11 SEVERABILITY: Should any section, subsection, paragraph, sentence, clause or phrase of this Chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this Chapter. 10‐5‐12 APPROVED TOW RATES REQUIRED: Each approved tow company shall have its tow rates approved by the Police Department, and an approved tow company shall not charge greater than its approved tow rates. To the greatest extent possible, the approved tow rates shall be equivalent to those approved by the State patrol for tows it initiates. 10‐5‐13 PENALTIES FOR VIOLATIONS BY APPROVED TOW AGENCY: Should any approved tow agency violate any section of this Chapter, including charging fees in excess of the approved tow rates, then it shall be subject to progressive penalties. For the first violation of the Code this Chapter, the offending tow agency shall be charged a civil penalty of not more than one two hundred fifty dollars ($100250.00). For the second such violation within any AGENDA ITEM # 8. a) ORDINANCE NO. ________ 15 calendar year, the tow agency shall be penalized up to five hundred dollars ($500.00). For the third and subsequent violations, the tow agency may be placed on probation, temporarily removed from the list of tow agencies, or removed from the list of approved tow agencies and not permitted to reapply for inclusion within that list for a period of one (1) year. Each penalty shall be determined by the Police Chief or his designee after reviewing the available information. Should the tow agency be aggrieved by the decision of the Police Chief or his designee, then the tow agency may appeal, within twenty (20) days of receipt of notification of any penalty, to the Hearing Examiner. Such appeal shall be in writing and shall state all reasons why the aggrieved agency is appealing. The Hearing Examiner’s decision shall be rendered not more than thirty (30) days after an appeal hearing to be established by the Hearing Examiner. Any appeal from the Hearing Examiner’s appeal decision shall be to filed with the King County Superior Court by Writ of Review brought within twenty (20) days of the Hearing Examiner’s written decision. SECTION II. If any section, subsection, sentence, clause, phrase or work of this ordinance should be held to be invalid or unconstitutional by a court or competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the constitutionality of any other section, subsection, sentence, clause, phrase or word of this ordinance. SECTION III. This ordinance shall be in full force and effect thirty (30) days after publication of a summary of this ordinance in the City’s official newspaper. The summary shall consist of this ordinance’s title. AGENDA ITEM # 8. a) ORDINANCE NO. ________ 16 PASSED BY THE CITY COUNCIL this _______ day of ___________________, 2018. Jason A. Seth, City Clerk APPROVED BY THE MAYOR this _______ day of _____________________, 2018. Denis Law, Mayor Approved as to form: Shane Moloney, City Attorney Date of Publication: ORD:1968:5/1/18:scr AGENDA ITEM # 8. a)