HomeMy WebLinkAboutORD 5457CITY OF RENTON,WASHINGTON
ORDINANCE NO.5457
AN ORDINANCE OF THE CITY OF RENTON,WASHINGTON,
AMENDING CHAPTER 6,STREET UTILITY STANDARDS,OF TITLE
IV (DEVELOPMENT REGULATIONS)AND CHAPTER 10,STREET
EXCAVATIONS,OF TITLE IX (PUBLIC WAYS AND PROPERTy)OF
ORDINANCE NO.4260 ENTITLED "CODE OF GENERAL
ORDINANCES OF THE CITY OF RENTON,WASHINGTON,"
CHANGING REFERENCES REGARDING PERMITS FROM THE
PUBLIC WORKS DEPARTMENT TO THE DEPARTMENT OF
COMMUNITY AND ECONOMIC DEVELOPMENT;TO SPECIFY THE
REQUIREMENT FOR LIABILITY INSURANCE AS A PERMIT
CONDITION;AND TO EXTEND THE DURATION OF MAINTENANCE
BONDS FROM ONE YEAR TO TWO YEARS.
THE CITY COUNCIL OF THE CITY OF RENTON,WASHINGTON,DOES ORDAIN
AS FOLLOWS:
SECTION I.Subsection 4-6-060P,Construction Bond Required,of Chapter 6,
Street and Utility Standards,of Title IV (Development Regulations)of Ordinance No.4260
entitled "Code of General Ordinances of the City of Renton,Washington,"is hereby deleted and
the remaining subsections are renumbered accordingly.
SECTION II.Section 9-10-2,Condition of Permit,of Chapter 10,Street
Excavations,of Title IX (Public Ways and Property)of Ordinance No.4260 entitled "Code of
General Ordinances of the City of Renton,Washington,"is hereby amended to read as follows:
9-10-2 CONDITION OF PERMIT:
The Department of Community and Economic Development shall grant such
permit only upon compliance with the following terms and conditions:
A.The party requesting such permit shall make application in writing and
simultaneously therewith file with the City's Department of Community and
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ORDINANCE NO.5457
.Economic Development a plat or sketch drawn to scale showing the location and
plan of the construction,excavation,cutting or other work desired to be done,and
the street,alley or place to be so used,together with a full description of the
nature of the work.The City's Department of Community and Economic
Development shall thereupon examine such application and upon approval thereof
and the filing of a proper performance bond,as hereinbelow set forth,the
Department of Community and Economic Development shall thereupon issue a
permit.
B.Such permit shall specify the place where such acts are to be performed and
done together with a description of the proposed work to be done under such
permit;the length of time allowed for the completion thereof;the permittee shall
further be required to replace,to its former condition,whatever portion of the
street,sidewalk,driveway,alley,pavement,curb or improvement that may have
been disturbed or affected in any way during such work,and such permit may
further specify whether the City elects to do the work of restoring the surface as
hereinafter provided.
C.The acts and work permitted under such permit,and the restoration to its
former condition of such street,alley,pavement,curb or improvement,shall at all
times be performed under the supervision and control of the Department of
Community and Economic Development Street Superintendent or authorized
representative,but at the sole cost and expense of the permittee.
D.In making any excavation,cut or break in any public street,sidewalk,alley or
like improvement,the materials thus excavated from the trenches thereof not
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ORDINANCE NO.5457
otherwise suitable for backfilling shall be disposed of as directed by the
Administrator of the Department of Community and Economic Development or
authorized representative.All such excavations shall be backfilled with approved
materials and shall be compacted by water or mechanical tamping.
E.The maximum length of any open trench during such work shall at no time
exceed two hundred (200)lineal feet,except when otherwise granted by special
written permission from the Department of Community and Economic
Development.
F.All existing storm sewer facilities and outer utilities that are moved or
disconnected during such work shall be replaced immediately as directed.A
concrete saw shall be used to cut all pavement so as to produce a reasonable
square and true edge without spalling or cracking into adjacent pavement.
G.If the Department of Community and Economic Development so elects,all
excavated materials within the street right-of-way shall be removed and disposed
of and planks and saddles placed over trenches so as to provide safe and adequate
passage for vehicular and pedestrian traffic at all times.
H.In excavating any such public street,avenue,curb,alley,sidewalk or like
improvement,the surface material and earth removed must be kept separate and
deposited in a manner that will occasion the least inconvenience to or interference
with the public,with adequate provision for proper surface drainage and safe
passage for the traveling public.Such surface or pavement,after refilling,shall be
placed in as good condition and wear as it existed immediately prior to the
excavations.If the permittee shall fail to complete such work and restore such
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ORDINANCE NO.5457
street,sidewalk,driveway,alley,pavement,curb or like improvement before the
expiration of the time fixed by such permit,the Department of Community and
Economic Development shall,if it deems it advisable,cause such work to be done
by the City or any other party in order to return such street,sidewalk,driveway,
alley,pavement,curb,improvement or place to its original and proper condition
as it existed immediately prior to such excavation;in such case the permittee shall
be liable unto the City for any and all work performed and the City shall have the
right to proceed against the performance bond filed by said permittee as herein
provided.In addition,the City shall have a right of action against such permittee
for all fees,expenses and costs paid out and incurred in connection with such
work,not otherwise covered by said bond,or the City may elect to proceed
against such permittee directly for all of said work as the City may elect.
1.The permittee as a further condition to the issuance of such permit shall
warrant and guarantee unto the City the work performed and the restoration of the
premises for a period of two years from the date of completion of such work.
When a permit is issued for the excavation for the purpose of installing,
maintaining,repairing,or replacing any underground utility within a street,alley
or public place,to private property for use of such utility thereon,the permittee or
the owner of the premises if the permittee is a person other than the owner,shall
further agree,in the application for any such permit,that if the structure or facility
on any private property to which the utility is introduced or furnished by the
service line shall thereafter cease to be occupied or shall no longer be used or
useful,the permittee and each of its successors and assigns will,upon any such
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occurrence,cut and cap the service line to prevent further service of utility to the
structure or facilities,or,upon written demand of the Department of Community
and Economic Development,take such similar action.Upon completion of such
work,including the capping of utility,the same shall be reported to the
Department of Community and Economic Development in writing.Permittee
agrees,whenever possible,to notify the City in writing whenever any such
structure or facility has ceased to be serviced by the utility or has otherwise
discontinued or abandoned the use thereof.
J.The Department of Community and Economic Development shall have the
right to elect,and to specify such election on the permit to be issued,that the
refilling of all trenches made in a public street,alley or highway,and the repaving
or resurfacing thereof,may be done by the City and any and all cost and expenses
in connection therewith to be charged to and paid by the permittee and/or the
sureties of his performance bond.Such bond shall be in an amount not less than
the anticipated cost of the work to be done or minimum of one thousand dollars
($1,000.00).The City may also demand an adequate cash sum as security to cover
such estimated cost at the time of issuing such permit.
SECTION III.Section 9-10-5,Bond Required,of Chapter 10,Street Excavations,
of Title IX (Public Ways and Property)of Ordinance No.4260 entitled "Code of General
Ordinances of the City of Renton,Washington,"is hereby amended to change the title to
"Guarantees and Bonds,"and to read as follows:
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9-10-5 GUARANTEES AND BONDS:
A.Street Excavation Performance Guarantee Amount:The developer shall
deposit the following amount for excavation work within the improved public
street,with a maximum of two thousand dollars ($2,000).The cash deposit shall
be made prior to issuance of any associated utility construction permit.
1.If the work within the existing pavement area is less than 35 feet in length,
and the permit is issued to the owner of a single family house,then the cash
deposit shall be for five hundred dollars ($500.00).
2.If the work within the existing pavement area is less than 35 feet in length,
and the permit is issued to someone other than the owner of the adjacent
single family house,then the cash deposit shall be for one thousand dollars
($1,000.00).
3.If the work within the existing pavement area is 35 feet or greater,then the
cash deposit shall be for two thousand dollars ($2,000).
4.Cash Bond Returned:The cash bond will be returned to permittee when
work is accepted by the City,less any sums due to the City under the terms of
this Section.
B.Hold Harmless: The permittee shall protect,defend,indemnify and save
harmless the City,its officers,employees and agents from any and all costs,
claims,judgments or awards of damages,arising out of or in any way resulting
from the negligent acts or omissions of the permittee.The permittee agrees that its
obligations under this Section extend to any claim,demand,and/or cause of action
brought by,or on behalf of,any of its employees or agents.
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C.Insurance Required:Before a pennit shall be issued for any construction
within the public right-of-way for work over 35 feet in length,both the bond,as
described in Subsection 9-1 0-5A.3,and insurance will be required as follows:
1.The pennittee shall secure and maintain in force throughout the duration
of this pennit:Commercial General Liability insurance written on an
occurrence basis with limits no less than one million dollars ($1,000,000)per
occurrence,two million dollars ($2,000,000)/aggregate.
2.Copies of such insurance policy or policies shall be furnished unto the
City with a special endorsement in favor of the City with the City named as a
primary and noncontributory additional insured on the insurance policy and an
endorsement stating such shall be provided to the City.
3.The policy shall provide that it will not be canceled or reduced without 45
days advanced written notice to the City.
4.Upon showing of a hardship and at the discretion of the Administrator or
his/her designee,the insurance requirements may be reduced or waived for
single-family or two-family residential applications.
5.For municipalities or utilities that are self insured,there may be substituted
a statement of self insurance showing the ability to answer for damages in the
amounts stated in this paragraph.
C.City Use ofthe Street Excavation Performance Guarantee:The City shall give
the developer 24 hours notice of any required correction or clean up work related
to street excavation work,except that this shall be reduced to a four-hour notice if
there is obvious hazard to health or safety.If the developer fails to adequately
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respond within the given time frame,the City will perform the work,and any
costs incurred will be charged against the cash deposit.City reserves right to
perform any work required to protect health and safety of public without prior
notification to the developer.All cost associated with such work shall be at the
sole expense of the developer and billed against the cash deposit.If there is any
possibility of reoccurrence of problems associated with the street excavation
work,the City shall then give the developer written notice to replenish the cash
deposit to its original level within five calendar days.If the developer fails to
replenish the cash deposit as required,the City reserves the right to stop any work
on the project which is associated with the street work.
D.Performance Bond for Required Improvements:Before a permit,pursuant to
the provisions of this chapter may be issued,the permittee may be required to
execute to the City a performance bond.In some instances,and at the sole option
of the City,a certificate of occupancy,final inspection,or final approval may be
issued prior to completion of required public or site improvements if an
acceptable form of guarantee is provided by the permittee.
E.Amount of Required Performance Bond:All performance bonds shall be for
not less than 150 percent of the written estimate of the cost of construction of the
required improvements associated with any development project.The written cost
estimate shall be provided by the developer and is subject to review and
acceptance by the City.
F.Utilization of Funds Provided by Performance Bond.If the required
improvements associated with a development project are not completed by the
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termination date of the performance bond,the City shall use the bond to construct
the improvements in accordance with the City's standards.
G.Maintenance and Warranty Bond:Prior to acceptance by the City of any
newly constructed public improvements to be deeded to the City,repair of any
City street associated with a street excavation,or on-or off-site storm drainage
improvements,the developer shall file with the City a construction maintenance
and warranty bond.The maintenance and warranty bond is to be held by the City
for a period of two years.The City shall require the permittee,at his cost,to
correct all failures.Should the permittee fail to perform within a period of 15
days,the City may use the maintenance and warranty bond to correct any failures
H.Amount of Maintenance and Warranty Bond:All maintenance and warranty
bonds shall be for 20 percent of the estimated cost of construction of the required
improvements associated with any development project.
I.Utilization of Funds Provided by Maintenance and Warranty Bonds:In the
event that required improvements are not properly maintained during the required
maintenance guarantee period,the City shall notify the developer/owner.If the
developer/owner fails to correct the problem within a period of 15 days,the City
shall use the maintenance guarantee to perform the maintenance work.Should any
failures occur in regard to required improvements associated with a development
project within the warranty period,the City shall require the developer/owner to
correct all failures.Should the developer/owner fail to perform within a period of
15 days,the City shall use the maintenance and warranty bond to correct any
failures.
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J.Reimbursement of City's Costs Incurred to Obtain Funds Provided by
Guarantees:If the City finds it necessary to utilize funds provided for any
guarantee,and incurs expenses in obtaining and administering such funds,a
portion of these monies shall also be used to reimburse the City for such recovery
costs.If the guarantee is not adequate to cover all necessary costs,the
developer/owner is required to make up the deficit in cash within 30 days of
receipt of written notice from the City.
SECTION IV.This ordinance shall be effective upon its passage,approval,and
thirty (30)days after publication.
PASSED BY THE CITY COUNCIL this 18th day of_----=M..:..:a=....y'---,2009.
Bonnie 1.Walton,City Clerk
APPROVED BY THE MAYOR this 18th day of __M_a-=.y ,2009.
Denis Law,Mayor
Approved as to form:
e:t:........r~•...,J JL ..........
Lawrence J.Warren,City Attorney
Date of Publication:5/22/2009
ORD.1546:4/17/09:scr
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